BILL NUMBER: AB 1901 CHAPTERED
BILL TEXT
CHAPTER 643
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002
APPROVED BY GOVERNOR SEPTEMBER 17, 2002
PASSED THE ASSEMBLY AUGUST 29, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 21, 2002
AMENDED IN SENATE JUNE 24, 2002
AMENDED IN ASSEMBLY APRIL 16, 2002
AMENDED IN ASSEMBLY APRIL 1, 2002
AMENDED IN ASSEMBLY MARCH 18, 2002
INTRODUCED BY Assembly Member Cohn
FEBRUARY 7, 2002
An act to amend Sections 48900 and 48900.4 of the Education Code,
relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 1901, Cohn. Pupils: expulsion.
(1) Existing law specifies those acts for which a pupil may be
suspended from school or recommended for expulsion, including the
damage, theft, or receipt of stolen school property.
This bill would specifically include electronic files and
databases within the meaning of "school property."
(2) Under existing law, a pupil in any of grades 4 to 12,
inclusive, may be suspended or expelled for intentionally engaging in
harassment, threats, or intimidation directed against a group of
pupils.
This bill would also authorize a pupil to be suspended or expelled
for harassing, threatening, or intimidating school district
personnel.
(3) This bill would incorporate additional changes in Section
48900 of the Education Code proposed by AB 662 that would become
operative only if AB 662 and this bill are both chaptered and become
effective on or before January 1, 2003, and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48900 of the Education Code is amended to read:
48900. A pupil may not be suspended from school or recommended
for expulsion unless the superintendent or the principal of the
school in which the pupil is enrolled determines that the pupil has
committed an act as defined pursuant to one or more of subdivisions
(a) to (q), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished any firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of any object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, any controlled substance listed in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, an alcoholic beverage, or an intoxicant of
any kind.
(d) Unlawfully offered, arranged, or negotiated to sell any
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and then either sold,
delivered, or otherwise furnished to any person another liquid,
substance, or material and represented the liquid, substance, or
material as a controlled substance, alcoholic beverage, or
intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or
private property.
(g) Stolen or attempted to steal school property or private
property.
(h) Possessed or used tobacco, or any products containing tobacco
or nicotine products, including, but not limited to, cigarettes,
cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff,
chew packets, and betel. However, this section does not prohibit
use or possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell any drug paraphernalia, as defined in Section
11014.5 of the Health and Safety Code.
(k) Disrupted school activities or otherwise willfully defied the
valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section,
"imitation firearm" means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
(n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or witness in a school disciplinary proceeding
for the purpose of either preventing that pupil from being a witness
or retaliating against that pupil for being a witness, or both.
(p) A pupil may not be suspended or expelled for any of the acts
enumerated unless that act is related to school activity or school
attendance occurring within a school under the jurisdiction of the
superintendent or principal or occurring within any other school
district. A pupil may be suspended or expelled for acts that are
enumerated in this section and related to school activity or
attendance that occur at any time, including, but not limited to, any
of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school sponsored
activity.
(q) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may suffer suspension, but not expulsion, pursuant
to the provisions of this section.
Except that a pupil who has been adjudged by a juvenile court to
have committed, as an aider and abettor, a crime of physical violence
in which the victim suffered great bodily injury or serious bodily
injury shall be subject to discipline pursuant to subdivision (a).
(r) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(s) A superintendent or principal may use their discretion to
provide alternatives to suspension or expulsion, including, but not
limited to, counseling and an anger management program, for a pupil
subject to discipline under this section.
(t) It is the intent of the Legislature that alternatives to
suspensions or expulsion be imposed against any pupil who is truant,
tardy, or otherwise absent from school activities.
SEC. 1.5. Section 48900 of the Education Code is amended to read:
48900. A pupil may not be suspended from school or recommended
for expulsion unless the superintendent or the principal of the
school in which the pupil is enrolled determines that the pupil has
committed an act as defined pursuant to one or more of subdivisions
(a) to (p), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished any firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of any object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, any controlled substance listed in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, an alcoholic beverage, or an intoxicant of
any kind.
(d) Unlawfully offered, arranged, or negotiated to sell any
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and then either sold,
delivered, or otherwise furnished to any person another liquid,
substance, or material and represented the liquid, substance, or
material as a controlled substance, alcoholic beverage, or
intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or
private property.
(g) Stolen or attempted to steal school property or private
property.
(h) Possessed or used tobacco, or any products containing tobacco
or nicotine products, including, but not limited to, cigarettes,
cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff,
chew packets, and betel. However, this section does not prohibit
use or possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell any drug paraphernalia, as defined in Section
11014.5 of the Health and Safety Code.
(k) Disrupted school activities or otherwise willfully defied the
valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section,
"imitation firearm" means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
(n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or witness in a school disciplinary proceeding
for the purpose of either preventing that pupil from being a witness
or retaliating against that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
(q) A pupil may not be suspended or expelled for any of the acts
enumerated unless that act is related to school activity or school
attendance occurring within a school under the jurisdiction of the
superintendent or principal or occurring within any other school
district. A pupil may be suspended or expelled for acts that are
enumerated in this section and related to school activity or
attendance that occur at any time, including, but not limited to, any
of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school sponsored
activity.
(r) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may suffer suspension, but not expulsion, pursuant
to the provisions of this section, except that a pupil who has been
adjudged by a juvenile court to have committed, as an aider and
abettor, a crime of physical violence in which the victim suffered
great bodily injury or serious bodily injury shall be subject to
discipline pursuant to subdivision (a).
(s) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(t) A superintendent or principal may use their discretion to
provide alternatives to suspension or expulsion, including, but not
limited to, counseling and an anger management program, for a pupil
subject to discipline under this section.
(u) It is the intent of the Legislature that alternatives to
suspensions or expulsion be imposed against any pupil who is truant,
tardy, or otherwise absent from school activities.
SEC. 2. Section 48900.4 of the Education Code is amended to read:
48900.4. In addition to the grounds specified in Sections 48900
and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive,
may be suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has intentionally engaged in
harassment, threats, or intimidation, directed against school
district personnel or pupils, that is sufficiently severe or
pervasive to have the actual and reasonably expected effect of
materially disrupting classwork, creating substantial disorder, and
invading the rights of either school personnel or pupils by creating
an intimidating or hostile educational environment.
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 48900 of the Education Code proposed by both this bill and AB
662. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2003, (2) each bill
amends Section 48900 of the Education Code, and (3) this bill is
enacted after AB 662, in which case Section 1 of this bill shall not
become operative.