BILL NUMBER: SB 166 CHAPTERED 07/30/01 CHAPTER 116 FILED WITH SECRETARY OF STATE JULY 30, 2001 APPROVED BY GOVERNOR JULY 28, 2001 PASSED THE SENATE JULY 20, 2001 PASSED THE ASSEMBLY JULY 18, 2001 AMENDED IN ASSEMBLY JUNE 25, 2001 AMENDED IN SENATE MAY 15, 2001 AMENDED IN SENATE APRIL 30, 2001 AMENDED IN SENATE MARCH 19, 2001 INTRODUCED BY Senator Poochigian (Principal coauthor: Assembly Member Leach) (Coauthors: Senators Battin, Haynes, Knight, Machado, Margett, McPherson, Monteith, and Oller) (Coauthors: Assembly Members Aanestad, Ashburn, Bates, Campbell, Cox, Dickerson, Leslie, Maddox, Negrete McLeod, Robert Pacheco, Rod Pacheco, and Strickland) FEBRUARY 5, 2001 An act to amend Section 48915 of the Education Code, relating to pupil expulsion. LEGISLATIVE COUNSEL'S DIGEST SB 166, Poochigian. Pupil expulsion. (1) Existing law authorizes the governing board of a school to order the expulsion of a pupil for possession of an explosive. This bill would require the governing board of a school to order the expulsion of a pupil possessing an explosive, as defined. Because this bill would impose new duties on school districts by increasing the number of expulsion-related actions within school districts, it would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The Gun-Free Schools Act of 1994, contained in Part F (commencing with Section 8921) of Subchapter XIV of Chapter 70 of Title 20 of the United States Code, requires each state receiving Elementary Secondary Education Act (ESEA) funds to have in effect a state law requiring expulsion from school, for not less than one year, a student who is determined to have brought a weapon to school. (b) The term "weapon" is defined in the Gun-Free Schools Act of 1994 to include explosives (20 U.S.C. Sec. 8921(b)(4); 18 U.S.C. Sec. 921(a)(3)). (c) In August of 2000, the State Department of Education was notified that state law does not currently require mandatory expulsion of a pupil who brings an explosive to school and therefore may be in violation of the Gun-Free Schools Act of 1994. (d) Failure to comply with the Gun-Free Schools Act of 1994 has the potential to jeopardize over 1 billion dollars in federal funds. SEC. 2. Section 48915 of the Education Code is amended to read: 48915. (a) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent finds that expulsion is inappropriate, due to the particular circumstance: (1) Causing serious physical injury to another person, except in self-defense. (2) Possession of any knife or other dangerous object of no reasonable use to the pupil. (3) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for the first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (4) Robbery or extortion. (5) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee. (b) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil committed an act listed in subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel shall be based on a finding of one or both of the following: (1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds: (1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of a school district. (2) Brandishing a knife at another person. (3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900. (5) Possession of an explosive. (d) The governing board shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of the following conditions: (1) Is appropriately prepared to accommodate pupils who exhibit discipline problems. (2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school. (3) Is not housed at the schoolsite attended by the pupil at the time of suspension. (e) Upon recommendation by the principal, superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board may order a pupil expelled upon finding that the pupil, at school or at a school activity off of school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either of the following: (1) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (f) The governing board shall refer a pupil who has been expelled pursuant to subdivision (b) or (e) to a program of study which meets all of the conditions specified in subdivision (d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county superintendent of schools certifies that an alternative program of study is not available at a site away from a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option for placement is at another comprehensive middle, junior, or senior high school, or another elementary school, the pupil may be referred to a program of study that is provided at a comprehensive middle, junior, or senior high school, or at an elementary school. (g) As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade. (h) As used in this section, the term "explosive" means "destructive device" as described in Section 921 of Title 18 of the United States Code. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.