BILL NUMBER: AB 9	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	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  
, Ma,   John A. Pérez,   and Skinner  )
   (Coauthor: Senator Kehoe)

                        DECEMBER 6, 2010

   An act to amend Sections  48900 and 48900.5  
234, 234.1, 234.2, and 234.3  of, and to add Sections 
234.4, 234.5, 234.6, 234.7, 234.8, and 48900.45 to, the Education
Code,    234.4 and 234.5 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. 
   This bill would require the policy adopted by the local
educational agencies to prohibit discrimination, harassment,
intimidation, and bullying based on actual or perceived
characteristics, as specified. The bill would also require the
process for receiving and investigating complaints to include
complaints of discrimination, harassment, intimidation, and bullying
based on actual or perceived characteristics, as specified, and to
include a requirement that school personnel who witness such acts to
take immediate steps to intervene when safe to do so, a timeline to
investigate and resolve complaints, and an appeal process, as
specified. The bill would make other conforming changes. 

   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 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 state the intent of the Legislature that school
districts provide grade-level appropriate, professional development
training to school personnel to implement the school district policy
that prohibits discrimination, harassment, intimidation, and
bullying. 
   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.  
   The bill would provide that its provisions shall become operative
on July 1, 2012. 
   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) 
    (6)  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 of the   Education
Code   is amended to read: 
   234.  (a) This article shall be known and may be cited as the Safe
Place to Learn Act.
   (b) It is the policy of the State of California to ensure that all
local educational agencies continue to work to reduce
discrimination, harassment,  and  violence ,
  intimidation, and bullying  . It is further the
policy of the state to improve pupil safety at schools and the
connections between pupils and supportive adults, schools, and
communities.
   SEC. 3.    Section 234.1 of the   Education
Code   is amended to read: 
   234.1.  The department, pursuant to subdivision (b) of Section
64001, shall monitor adherence to the requirements of Chapter 5.3
(commencing with Section 4900) of Division 1 of Title 5 of the
California Code of Regulations and Chapter 2 (commencing with Section
200) as part of its regular monitoring and review of local
educational agencies, commonly known as the Categorical Program
Monitoring process. The department shall assess whether local
educational agencies have done all of the following:
   (a) Adopted a policy that prohibits discrimination  and
  ,  harassment  ,   intimidation, and
bullying  based on the  actual or perceived 
characteristics set forth in Section 422.55 of the Penal Code and
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. The policy shall
include 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  .

   (b) Adopted a process for receiving and investigating complaints
of discrimination  and   ,  harassment 
, intimidation, and bullying  based on  any of  the
 actual or perceived  characteristics set forth in Section
422.55 of the Penal Code and 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. The complaint process shall include,
but not be limited to, all of the following:  
   (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 to investigate and resolve complaints of
discrimination, harassment, intimidation, or bullying that shall be
followed by all schools under the jurisdiction of the school
district.  
   (3) An appeal process afforded to the complainant should he or she
disagree with the resolution of a complaint filed pursuant to this
section.  
   (4) All forms developed pursuant to this process shall be
translated pursuant to Section 48985. 
   (c) Publicized antidiscrimination  and   ,
 antiharassment  , anti-   intimidation, and
antibullying  policies  adopted pursuant to subdivision (a)
 , including information about the manner in which to file a
complaint, to pupils, parents, employees, agents of the governing
board, and the general public. The information shall be translated
pursuant to Section 48985.  A school district shall, at a
minimum, do all of the following to comply with this subdivision:
 
   (1) Publish the policy in all parent-student handbooks issued in
the school district and include a statement about where pupils and
parents can obtain a complaint form.  
   (2) Publish the policy and information about where a complaint
form can be obtained on the Internet Web site of the school district
and all individual school Internet Web sites, as applicable. 
   (d) Posted  antidiscrimination and antiharassment policies
  the policy established pursuant to subdivision (a)
 in all schools and offices, including staff lounges and pupil
government meeting rooms.
   (e) Maintained documentation of complaints and their resolution
for a minimum of one review cycle.
   (f) Ensured that complainants are protected from retaliation and
that the identity of a complainant alleging discrimination 
or   ,  harassment  , intimidation, or bullying
 remains confidential, as appropriate.
   (g) Identified a responsible local educational agency officer for
ensuring district or office compliance with the requirements of
Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5
of the California Code of Regulations and Chapter 2 (commencing with
Section 200).
   SEC. 4.    Section 234.2 of the   Education
Code   is amended to read: 
   234.2.  The department shall display information on curricula and
other resources that specifically address bias-related discrimination
 and   ,  harassment , intimidation,
and bullying  based on  the   any of the
actual or perceived  characteristics set forth in Section 422.55
of the Penal Code and Section 220 on the California Healthy Kids
Resource Center Internet Web site and other appropriate department
Internet Web sites where information about discrimination 
and   ,  harassment  , intimidation, and
bullying  is posted.
   SEC. 5.    Section 234.3 of the   Education
Code   is amended to read: 
   234.3.  The department shall develop a model handout describing
the rights and obligations set forth in Sections 200, 201, and 220
and the policies addressing bias-related discrimination  and
  ,  harassment  , intimidation, and bullying
 in schools. This model handout shall be posted on appropriate
department Internet Web sites.
   SEC. 6.    Section 234.4 is added to the  
Education Code   , to read:  
   234.4.  It is the intent of the Legislature that school districts
provide grade-level appropriate, professional development training to
school personnel to implement the school district policy that
prohibits discrimination, harassment, intimidation, and bullying
adopted pursuant to subdivision (a) of Section 234.1.  
  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 (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 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 (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 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,
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.  
   SEC. 7.    Se   ction 234.5 is added to the
 Education Code   , to read: 
    234.5.   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) 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, 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. 8.    Section 48900.45 is added to the
Education Code, to read:
   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. 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. 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, about which the school district or school knew or
reasonably should have known. 
   SEC. 11.   SEC. 8.   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. 12.   SEC. 9.   This act shall not
be construed to require an exhaustion of any administrative complaint
process before civil law remedies may be pursued. 
  SEC. 10.    This act shall become operative on July 1,
2012. 
   SEC. 13.   SEC. 11.   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.