BILL NUMBER: AB 9 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Ammiano
( Principal coauthor: Assembly Member
Yamada )
( Coauthors: Assembly Members
Gatto and Ma )
(Coauthor: Senator Kehoe)
DECEMBER 6, 2010
An act to amend Sections 48900 and 48900.5 of, and to
add Sections 234.4, 234.5, 234.6, 234.7, 234.8, and 48900.45 to
, the Education Code, relating to pupil rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 9, as amended, Ammiano. Pupil rights: bullying.
Existing law provides that it is the policy of the state to afford
all persons in public schools, regardless of their disability,
gender, nationality, race or ethnicity, religion, sexual orientation,
or any other characteristic that is contained in the definition of
hate crimes, equal rights and opportunities in the educational
institutions of the state, and that it is the purpose of existing law
to prohibit acts that are contrary to that policy and to provide
remedies therefor. Existing law requires the State Department of
Education to develop a model handout, posted on appropriate
department Internet Web sites, describing the rights and obligations
set forth in these provisions and the policies addressing
bias-related discrimination and harassment in schools. Existing law
also requires the department to monitor adherence to these provisions
and, as part of its regular monitoring and review of local
educational agencies, to assess whether local educational agencies
have adopted a policy that prohibits discrimination and harassment
and a process for receiving and investigating complaints of
discrimination and harassment, as specified.
Consistent with these provisions, this bill would require each
school district, on or before July 1, 2012, to ensure that its policy
prohibiting discrimination, harassment, intimidation, and bullying
include specified components, and to include in its process for
receiving and investigating complaints of discrimination, harassment,
intimidation, and bullying specified components. The bill would
require school districts to provide information to school
personnel, school district board members ,
and pupils on the policy and the process, as specified.
Because this bill would require local educational agencies to
perform additional duties, this bill would impose a state-mandated
local program.
The bill would also encourage all local educational agencies to
collect data related to pupil experiences with discrimination,
harassment, intimidation, and bullying, as specified. The bill would
require the department, in the next revision of either the California
Healthy Kids Survey or, if that is not feasible, in the next
revision of the California Student Survey, to include questions
seeking information on discrimination, harassment, intimidation, and
bullying and require local educational agencies to survey their
pupils with those questions. The bill would also require the
department to request that the Youth Risk Behavior Survey include
questions seeking information on discrimination, harassment,
intimidation, and bullying, as specified. The bill would require the
Superintendent of Public Instruction, at the beginning of each school
year, to post on his or her Internet Web site, and to provide to
each school district, a list of statewide resources, including
community-based organizations, that provide support to youth who have
been subjected to school-based discrimination, harassment,
intimidation, or bullying, and their families.
Existing law provides that a pupil shall 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 specified, including having
engaged in an act of bullying. Existing law provides that a
superintendent of the school district or principal may use his or her
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 provision.
This bill would authorize a superintendent of the school district
or principal to use his or her discretion to provide alternatives to
suspension or expulsion that are age-appropriate and designed to
correct and address the root causes of the pupil's specific
misbehavior by giving the pupil notice of the inappropriateness of
the behaviors, teaching him or her appropriate behavior, and
instituting increasingly severe responses for repeated instances of
the same type of misbehavior, while still retaining the pupil in
class or school, as specified. The bill would also specify that a
pupil who is the target of an act of discrimination, harassment,
intimidation, or bullying, as specified, shall not automatically be
disciplined for defending himself or herself unless the
superintendent or principal of the school, in his or her discretion,
deems discipline to be appropriate, as specified.
Under existing law 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.
This bill would provide, notwithstanding any other law, that a
pupil who is found to have committed an act of discrimination,
harassment, intimidation, or bullying, as specified, shall, prior to
suspension or expulsion, be subject to alternative discipline, as
defined, and suspension only when other means of correction fail to
bring about proper conduct, as specified.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that the State
of California is committed to a safe and civil educational
environment for all pupils, employees, parents and legal guardians,
volunteers, and patrons that is free from discrimination, harassment,
intimidation, or bullying.
(b) The Legislature finds and declares that the intent of this act
is to clarify and supplement the existing law on discrimination,
harassment, intimidation, and bullying in public schools.
(c) The Legislature finds and declares all of the following:
(1) Pupils who are subjected to discrimination, harassment,
intimidation, or bullying may suffer long-term social, emotional, and
psychological harms.
(2) The public policy of this state is to reduce and ultimately
eliminate school-based discrimination, harassment, intimidation, and
bullying.
(3) The public policy of this state is to provide pupils with a
safe school environment in which all pupils are included and
respected and have an equal opportunity to participate in all school
activities and events.
(4) The most effective way to reduce discrimination, harassment,
intimidation, and bullying is to create a schoolwide culture of
inclusion and respect for differences.
(5) The public policy of this state is to provide support for
youth who are victimized by discrimination, harassment, intimidation,
or bullying, and support for the families of those youth.
(6) The public policy of this state is to provide effective
interventions for youth who engage in acts of discrimination,
harassment, intimidation, and bullying to help them change their
behavior and avoid entering the criminal justice system.
(7) The public policy of this state is to ensure that laws and
policies that prohibit discrimination, harassment, intimidation, and
bullying are enforced evenhandedly and are not disproportionately
applied to any class or group.
SEC. 2. Section 234.4 is added to the Education Code, to read:
234.4. (a) Consistent with subdivision (a) of Section 234.1, on
or before July 1, 2012, each school district shall ensure that its
policy prohibiting discrimination, harassment, intimidation, and
bullying includes , but is not limited to, all of the
following components:
(1) A statement that all pupils have the right to participate
fully in the educational process, free from discrimination,
harassment, intimidation, and bullying pursuant to subdivision (a) of
Section 201.
(2) A statement that each school in the district has an
affirmative obligation to combat all forms of bias and a
responsibility to provide equal educational opportunity pursuant to
subdivision (b) of Section 201.
(3) A statement that California law and school district policy
prohibit discrimination, harassment, intimidation, and bullying based
upon any of the actual or perceived characteristics contained in the
definition of hate crimes set forth in Section 422.55 of the Penal
Code, any of the actual or perceived characteristics listed in
Section 220, and disability, gender, gender identity, gender
expression, nationality, race or ethnicity, religion, sexual
orientation, or association with a person or group with one or more
of these actual or perceived characteristics. School districts are
also encouraged to prohibit discrimination, harassment, intimidation,
or bullying more generally, but the statement must contain a list of
the characteristics set forth in Section 220.
(4) A description of the school district's procedure for
addressing complaints of discrimination, harassment, intimidation,
and bullying pursuant to subdivision (a) of Section 234.5.
(5) The names of two or more administrative personnel in each
school as required by subdivision (c) of Section 234.5.
(6) A statement that all school personnel who witness an act of
discrimination, harassment, intimidation, or bullying are required to
take immediate steps to intervene when safe to do so.
(7) A statement that the policy applies to all acts related to
school activity or school attendance occurring within a school under
the jurisdiction of the superintendent of the school district or
principal or within any other school district that occur at any time,
including, but not limited to, any of the following:
(A) While on school grounds.
(B) While going to or coming from school.
(C) During the lunch period whether on or off campus.
(D) During, or while going to or coming from, a school-sponsored
activity.
(8) An attached copy of the written complaint form published by
the school pursuant to subparagraph (3) of subdivision (b)
(a) of Section 234.5.
(9) A link to the Superintendent's list of statewide resources for
youth who have experienced discrimination, harassment, intimidation,
or bullying and for the families of those youth pursuant to Section
234.7.
(b) The policy shall be posted and publicized on or before July 1,
2012, as follows:
(1) In all parent-student handbooks issued in the school district,
which shall also include a statement that pupils are expected to
contribute to building a culture of inclusion and respect.
(2) On the school district's Internet Web site and all individual
school Web sites.
(3) In all school district and school administrative offices.
(c) A statement notifying school personnel and pupils of the
existence of the policy, and where a written copy of the policy is
available in the school and the school district, shall be publicized
and posted on or before July 1, 2012, as follows:
(1) The statement shall include the following language
be in age-appropriate language, and shall include, at
a minimum, a list of the actual or perceived characteristics set
forth in paragraph (3) of subdivision (a). The following statement is
an example of language that may be used to comply with the
requirement of this paragraph :
"Discrimination, harassment, intimidation, and bullying are not
acceptable ways to treat others. California law prohibits
discrimination, harassment, intimidation, and bullying based on a
student's actual or perceived disability, gender, gender identity,
gender expression, nationality, race or ethnicity, religion, sexual
orientation, or association with a person or group with one or more
of these actual or perceived characteristics.
Tell a teacher or a school employee if you see or experience
discrimination, harassment, intimidation, or bullying. You have the
right to file a complaint and to have the school protect you.
Complaint forms are available on all school district Internet Web
sites and in all school and administrative offices."
(2) The statement shall be posted in all teacher lounges, staff
rooms, classrooms, gyms, locker rooms, bathrooms, and cafeterias in
each school.
(d) The policy and the statement shall be translated pursuant to
Section 48985. If translated, the policy and the statement shall be
publicized and posted pursuant to subdivisions (c) and (d)
(b) and (c) in both the English and non-English
versions.
SEC. 3. Section 234.5 is added to the Education Code, to read:
234.5. (a) Consistent with subdivision (b) of Section 234.1, on
or before July 1, 2012, each school district shall include in its
process for receiving and investigating complaints under the
department's Uniform Complaint Procedures as set forth in department
regulations, all complaints of discrimination, harassment,
intimidation, and bullying, except that the process for receiving and
investigating complaints of discrimination, harassment,
intimidation, and bullying shall include all of the following
components:
(1) A requirement that if school personnel witness an act of
discrimination, harassment, intimidation, or bullying he or she shall
take immediate steps to intervene when safe to do so.
(2) A timeline for each school in the school district or the
school district to investigate and resolve complaints of
discrimination, harassment, intimidation, and bullying that does not
exceed 30 working days from the date the complaint was received. The
school, or if applicable, school district, shall report to the
complainant the resolution of the complaint within 45 working days of
the initial filing, if the complainant identifies himself or herself
and requests a response.
(3) A written complaint form published by the school district, and
made available at all school and school district offices and on
school and school district Internet Web sites, that is written
in an age-appropriate and understandable manner to ensure that all
pupils can access it, that includes, at a minimum, all of the
following components :
(A) Questions intended to elicit a description of the incident
complained of and to identify any individual who may have been
involved in, or witnessed, the incident.
(B) A checklist of the actual or perceived characteristics listed
in Section 220 to allow the complainant to identify whether one of
these characteristics was the basis of the discrimination,
harassment, intimidation, or bullying.
(C) A description of the complaint process and timeline.
(D) A statement that complainants will be protected from
retaliation and that those who investigate a complaint alleging
discrimination, harassment, intimidation, or bullying will protect
the confidentiality of the parties to the extent possible.
(E) A statement that the complaint may be filed anonymously, and a
space to indicate whether a response is requested.
(F) A description of the location at each school in the district
where the complaint may be filed, pursuant to subdivision (c).
(G) A statement that the complainant has a right to appeal a
school or school district resolution of a complaint and a description
of the appeal process, which, at a minimum, must describe
the process required by the department's Uniform Complaint Procedures
as set forth in department regulations. of how to
file an appeal.
(H) A statement that it is not necessary to exhaust any
administrative complaint process before pursuing civil law remedies.
(I) The names of the two or more personnel on each school campus,
identified pursuant to subdivision (b), and of the local educational
agency officer, identified pursuant to subdivision (g) of Section
234.1, responsible for ensuring district compliance with the
department's Uniform Complaint Procedures as set forth in department
regulations and Chapter 2 (commencing with Section 200).
(4) A process for a pupil to report complaints of discrimination,
harassment, intimidation, or bullying to any school personnel or
school district through any means other than the written complaint
form that includes:
(A) A requirement that school district or school personnel report
the nonwritten complaint within 48 hours to the school or the school
district for investigation and resolution.
(B) A requirement that the pupil who made the nonwritten complaint
is provided with the same information included in the written
complaint form, as set forth in paragraph (3).
(b) Each school district shall identify at least two school
administrative personnel on each campus whose names and contact
information are posted with the school district policy prohibiting
discrimination, harassment, intimidation, and bullying, pursuant to
the requirements of subparagraph (I) of paragraph (3) of subdivision
(a). These personnel shall be:
(1) Knowledgeable about the school district's policy and complaint
procedure regarding discrimination, harassment, intimidation, and
bullying.
(2) Available to pupils as a resource to assist with written
or verbal complaints of discrimination, harassment,
intimidation, and bullying.
(3) Able to refer pupils to counseling, as appropriate.
(c) Each school district shall assign a specific location for
every school in the district where complaints may be filed, such as
the principal's office.
(d) If applicable, pursuant to Section 48985, each school district
shall make the complaint process available in the primary language
other than English.
(e) Consistent with subdivision (e) of Section 234.1, each school
district shall maintain documentation of complaints and their
resolution for a minimum of one review cycle of what is commonly
known as the department's Categorical Program Monitoring process.
SEC. 4. Section 234.6 is added to the Education Code, to read:
234.6. (a) School districts, consistent with the provisions of
Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19,
shall offer are encouraged to offer
grade-level appropriate professional development training for
school personnel that covers all of the following topics:
(1) The school district policy prohibiting discrimination,
harassment, intimidation, and bullying, adopted pursuant to Section
234.4.
(2) The actual or perceived characteristics covered by the school
district policy prohibiting discrimination, harassment, intimidation,
or bullying, pursuant to paragraph (3) of subdivision (b) of Section
234.4.
(3) The school district process for receiving and investigating
complaints of discrimination, harassment, intimidation, and bullying,
adopted pursuant to Section 234.5.
(4) Techniques for intervening in discrimination, harassment,
intimidation, and bullying, including how teachers and other school
personnel can create a schoolwide culture of inclusion and respect
for differences without infringing on pupils' free speech rights.
(5) The harm caused by discrimination, harassment, intimidation,
and bullying.
(6) Techniques for preventing discrimination, harassment,
intimidation, and bullying among pupils and for promoting positive
peer relationships.
(b) In the course of existing orientation provided to school
district board members, each school district shall provide school
board members with information about the school district policy
prohibiting discrimination, harassment, intimidation, and bullying,
adopted pursuant to Section 234.4, and the school district process
for receiving and investigating complaints of discrimination,
harassment, intimidation, and bullying, adopted pursuant to Section
234.5.
(c) In the course of existing orientation provided to pupils, each
school district, consistent with the provisions of Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19, shall
provide pupils with age-appropriate information about all of the
following:
(1) The school district policy prohibiting discrimination,
harassment, intimidation, and bullying, adopted pursuant to Section
234.4.
(2) The actual or perceived characteristics covered by the school
district policy prohibiting discrimination, harassment, intimidation,
or bullying, pursuant to paragraph (3) of subdivision (b) of Section
234.4.
(3) The school district process for receiving and investigating
complaints of discrimination, harassment, intimidation, and bullying,
adopted pursuant to Section 234.5.
(4) The difference between protected speech and discrimination,
harassment, intimidation, and bullying.
(5) The harm caused by discrimination, harassment, intimidation,
and bullying.
SEC. 5. Section 234.7 is added to the Education Code, to read:
234.7. At the beginning of each school year, the Superintendent
shall post on his or her Internet Web site and provide to each school
district a list of statewide resources, including community-based
organizations, that provide support to youth who have been subjected
to school-based discrimination, harassment, intimidation, or
bullying, and their families.
SEC. 6. Section 234.8 is added to the Education Code, to read:
234.8. (a) All local educational agencies are encouraged to
collect data related to pupil experiences with discrimination,
harassment, intimidation, and bullying each year. The data may be
collected through annual participation in the California Healthy Kids
Survey or, if inclusion of the information in that survey is not
feasible, through participation in the California Student Survey.
(b) The department shall, in the next revision of either the
California Healthy Kids Survey or, if that is not feasible, in the
next revision of the California Student Survey, include questions
seeking information on discrimination, harassment, intimidation, and
bullying based upon any of the actual or perceived characteristics
contained in the definition of hate crimes set forth in Section
422.55 of the Penal Code, any of the actual or perceived
characteristics listed in Section 220, and disability, gender, gender
identity, gender expression, nationality, race or ethnicity,
religion, sexual orientation, or association with a person or group
with one or more of these actual or perceived characteristics, and
require local educational agencies to survey their pupils with those
questions.
(c) The department shall request that the Youth Risk Behavior
Survey include questions seeking information on discrimination,
harassment, intimidation, and bullying based upon any of the actual
or perceived characteristics contained in the definition of hate
crimes set forth in Section 422.55 of the Penal Code, any of the
actual or perceived characteristics listed in Section 220, and
disability, gender, gender identity, gender expression, nationality,
race or ethnicity, religion, sexual orientation, or association with
a person or group with one or more of these actual or perceived
characteristics.
SEC. 7. Section 48900 of the Education
Code is amended to read:
48900. A pupil shall 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 any of subdivisions (a) to
(r), 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 a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an 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, a 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 a
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 either sold, delivered,
or otherwise furnished to a 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 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 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 a 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) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
(r) Engaged in an act of bullying, including, but not limited to,
bullying committed by means of an electronic act, as defined in
subdivisions (f) and (g) of Section 32261, directed specifically
toward a pupil or school personnel.
(s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section, unless that act is related to school
activity or school attendance occurring within a school under the
jurisdiction of the superintendent of the school district 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.
(t) 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 be subject to suspension, but not expulsion,
pursuant to 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).
(u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(v) A For a pupil subject to discipline
under this section, a superintendent of the school district or
principal may use his or her discretion to provide alternatives to
suspension or expulsion that are age- appropriate and
designed to correct and address the root causes of the pupil's
specific misbehavior by giving the pupil notice of the
inappropriateness of the behaviors teaching him or her appropriate
behavior, and instituting increasingly severe responses for repeated
instances of the same type of misbehavior, while still retaining the
pupil in class or school , including, but not limited to,
counseling and an anger management program, for a pupil
subject to discipline under this section. any of the
following:
(1) Meeting with the pupil and his or her parent or guardian.
(2) Reflective activities, such as writing an essay about the
misbehavior.
(3) Mediation to address the conflict between pupils.
(4) Counseling.
(5) Anger management.
(6) Health counseling or intervention.
(7) Mental health counseling.
(8) Social-emotional cognitive skill building.
(9) Community service, pursuant to Section 48900.6.
(10) In-school detention or supervision during lunchtime, after
school, or on weekends.
(w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.
SEC. 7. SEC. 8. Section 48900.45 is
added to the Education Code, to read:
48900.45. (a) Notwithstanding any other law, a pupil who is found
to have committed an act of discrimination, harassment,
intimidation, or bullying under subdivision (r) of Section 48900, or
Section 48900.2, 48900.3, or 48900.4, prior to suspension or
expulsion, shall be subject to alternative discipline pursuant to
this section, and shall be subject to suspension pursuant to Section
48900.5 if he or she has access to, and is otherwise given the
opportunity to make up, missed coursework without additional academic
penalty.
(b) Notwithstanding any other law, a pupil who is the target of
48900.45. A pupil who is the target of an
act of discrimination, harassment, intimidation, or bullying under
subdivision (r) of Section 48900, or Section 48900.2, 48900.3, or
48900.4, shall not automatically be disciplined for defending himself
or herself against an act of discrimination, harassment,
intimidation, or bullying under those sections unless the
superintendent or principal of the school, in his or her discretion,
based upon the circumstances, deems discipline to be
appropriate; however, that discipline must conform to the
requirements of subdivision (a) prior to suspension or expulsion.
(c) For the purpose of this section, "alternative discipline"
means disciplinary action other than suspension or expulsion that is
designed to correct and address the root causes of the pupils's
specific misbehavior by giving the pupil notice of the
inappropriateness of the behavior, teaching him or her appropriate
behavior, and instituting increasingly severe responses for repeated
instances of the same type of misbehavior, while still retaining the
pupil in class or school.
"Alternative discipline" includes, but is not limited to:
(1) Meeting with pupil and parent.
(2) Reflective activities such as writing an essay about the
misbehavior.
(3) Mediation to address the conflict between pupils.
(4) Counseling, pursuant to subdivision (v) of Section 48900.
(5) Anger management, pursuant to subdivision (v) of Section
48900.
(6) Health counseling or intervention.
(7) Mental health counseling.
(8) Social-emotional cognitive skill building.
(9) Community service, pursuant to Section 48900.6.
(10) In-school
detention or suspension, during lunchtime, after school, or on
weekends. appropriate. Discipline under this section
shall be consistent with subdivisions (v) and (w) of Section 48900,
and Section 48900.5.
SEC. 9. Section 48900.5 of the
Education Code is amended to read:
48900.5. Suspension shall be imposed only when other means of
correction , including, but not limited to, alternatives to
suspension and expulsion pursuant to subdivision (v) of Section
48900, fail to bring about proper conduct. However, a pupil,
including an individual with exceptional needs, as defined in Section
56026, may be suspended for any of the reasons enumerated in Section
48900 upon a first offense, if the principal or superintendent of
schools determines that the pupil violated subdivision (a), (b), (c),
(d), or (e) of Section 48900 or that the pupil's presence causes a
danger to persons or property or threatens to disrupt the
instructional process.
SEC. 8. SEC. 10. The Legislature
finds and declares that it is the intent of this act to clarify
existing law as set forth in Chapter 2 (commencing with Section 200)
of Part 1 of Division 1 of Title 1 of the Education Code. The
Legislature further finds and declares that, under existing case and
statutory law, a school district and school could be held vicariously
liable for any discrimination, harassment, intimidation, or bullying
by any individual who has contact with pupils by virtue of
employment or other contractual relationship with the school district
and any discrimination, harassment, intimidation, or bullying
related to school activity or attendance, as set forth in subdivision
(s) of Section 48900, that about which
the school district or school knew or reasonably should have known
about .
SEC. 9. SEC. 11. This act shall not
be construed to limit pupil rights to free speech as protected by the
United States Constitution, the California Constitution, Sections
48907 and 48950 of the Education Code, and other applicable law.
SEC. 10. SEC. 12. This act shall not
be construed to require an exhaustion of any administrative
complaint process before civil law remedies may be pursued.
SEC. 11. SEC. 13. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.