BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1729
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          ASSEMBLY THIRD READING
          AB 1729 (Ammiano)
          As Amended  May 25, 2012
          Majority vote

           EDUCATION           6-4         APPROPRIATIONS      12-5        
           
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          |Ayes:|Brownley, Ammiano,        |Ayes:|Fuentes, Blumenfield,     |
          |     |Butler, Carter, Eng,      |     |Bradford, Charles         |
          |     |Williams                  |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Ammiano, Hill,     |
          |     |                          |     |Lara, Mitchell, Solorio   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Norby, Grove, Halderman,  |Nays:|Harkey, Donnelly,         |
          |     |Wagner                    |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes the use and documentation of other means of 
          correction and alternatives to suspension or expulsion that are 
          age appropriate and designed to address the pupil's specific 
          misbehavior; and, defines other means of correction.  
          Specifically,  this bill:  

          1)Makes findings and declarations that the public policy of this 
            state is to ensure that school discipline policies support safe, 
            positive, supportive and equitable school environments; that 
            California school suspensions are disproportionately imposed on 
            pupils of color, pupils with disabilities, lesbian, gay, 
            bisexual and transgender pupils, and other vulnerable pupil 
            populations; and, that nonpunitive classroom discipline is more 
            effective and efficient for addressing pupil misconduct. 

          2)Authorizes the superintendent of a school district or principal 
            to use his or her discretion to provide alternatives to 
            suspension or expulsion that are age appropriate and designed to 
            address and correct the pupil's specific misbehavior. 

          3)Requires suspension, including supervised suspension, be imposed 
            on individuals only after other means of correction have failed 
            to bring about proper conduct. 

          4)Authorizes school districts to document the use of other means 
            of correction and place that documentation in the pupil's 







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            record. 

          5)Defines "other means of correction" to include, but not be 
            limited to, the following:

             a)   A conference between school personnel, the pupil's parent 
               or guardian and the pupil; 

             b)   Referrals to the school counselor, psychologist, social 
               worker or other school support service personnel for case 
               management and counseling; 

             c)   Study teams, guidance teams, resource panel teams, or 
               other intervention-related teams that assess behavior, and 
               develop and implement individualized plans to address the 
               behavior in partnership with the pupil and his or her 
               parents;

             d)   Referral for a comprehensive psychosocial or 
               psychoeducational assessment; 

             e)   Enrollment in a program for teaching prosocial behavior or 
               anger management;

             f)   Participation in a restorative justice programs;  

             g)   A positive behavior support approaches with tiered 
               interventions that occur on campus during the schoolday on 
               campus;

             h)   After school programs that address specific behavioral 
               issues or expose pupils to positive activities and behaviors, 
               including, but not limited to, those operated in 
               collaboration with local parent and community groups; and,

             i)   Community service programs such as outdoor beautification; 
               community or campus betterment; and teacher, peer or youth 
               assistance programs. 

           FISCAL EFFECT  :  This bill is keyed non-fiscal.  Amendments made in 
          the Assembly Appropriations committee removed all General 
          Fund/Proposition 98 state reimbursable mandated costs. 

           COMMENTS  :  This bill clarifies existing law by requiring that 
          administrators resort to supervised suspension, out of school 







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          suspension, or expulsion of a student only after other means of 
          correction fail to bring about proper conduct.  It broadens a 
          section about acceptable alternatives to suspension and expulsion 
          by allowing administrators to determine age appropriate activities 
          that address and correct the pupil's specific misbehavior. The 
          bill further defines some examples of what falls under the 
          guidelines of other means of correction and authorizes school 
          districts to document the use of such methods in a student's 
          record. 

          Background:  Research indicates that the suspension and expulsion 
          of individuals are rarely applied evenly.  According to the Civil 
          Rights Project at the University of California, Los Angeles, a 
          study released in October of 2011 makes it clear that in 
          California, "unnecessarily harsh discipline policies are applied 
          unfairly and disproportionately to minority students." 
          Additionally, in March 2012, the U.S. Department of Education's 
          Office for Civil Rights released a report indicating that minority 
          students have a much higher rate of suspension and expulsion 
          across the nation. These reports confirm the declarations and 
          findings presented in this bill about the uneven application of 
          these punitive disciplinary measures.

          Positive behavior support:  Numerous other reputable studies and 
          reports verify and highlight the effectiveness of positive 
          behavior support programs.  According to the National Association 
          of School Psychologists (NASP), this approach is an "empirically 
          validated, function-based approach to eliminate challenging 
          behaviors and replace them with prosocial skills."  NASP explains 
          that use of this approach "decreases the need for more intrusive 
          or aversive interventions (i.e., punishment or suspension) and can 
          lead to both systemic as well as individualized change." 

          Since 2007, the Los Angeles Unified School District (LAUSD) has 
          also implemented a Foundational Discipline Policy of School-Wide 
          Positive Behavior Support that focuses on the benefits of 
          implementing positive behavior support programs on a school wide 
          basis.  Evaluations indicate that some schools in LAUSD have 
          effectively implemented the positive behavior support programs.  
          In cases where positive behavior support programs have been 
          effectively implemented, they have led to improved school climates 
          and reductions in punitive disciplinary actions.   

          One example of outstanding results is Garfield High School in Los 
          Angeles.  In the five years prior to the implementation of the 







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          school wide positive behavior support program, Garfield had at 
          least 510 suspensions or expulsions each year.  Since the 
          inception of the program in 2009-2010, Garfield High School has 
          experienced a dramatic reduction in the number of severe offenses 
          with 103 suspensions or expulsions in 2009-2010 and only one 
          suspension in 2010-2011.  Administrators remark that there is also 
          noticeable improvement of the school climate as a result of this 
          program. 

          Age appropriate alternatives designed to address and correct 
          specific misbehavior:  This bill broadens a section of existing 
          law that currently lists alternatives to suspension and expulsion 
          as counseling and anger management programs.  It replaces the 
          specific identification of counseling and anger management 
          programs with broader language that authorizes principals to use 
          alternatives that are age appropriate and designed to address and 
          correct the pupil's specific misbehavior. This more open approach 
          improves the flexibility and responsiveness of current code to 
          varying situations.  Across California, suspensions and expulsions 
          are given to students of different ages and for different reasons. 
           Making this section more flexible allows principals the authority 
          to assign alternative disciplinary measures that more aptly target 
          a student's specific needs and respond to the incident at hand. 

          Documentation of other means of correction:  This bill also 
          authorizes school districts to document the use of other means of 
          correction.  By allowing this in statute, principals and other 
          disciplinary officers of a school are encouraged to attempt 
          alternative methods to improve student behavior prior to using 
          punitive disciplinary measures.  It provides districts with 
          flexibility to choose the best alternative disciplinary methods 
          based on the given circumstance. 

          Defining other means of correction:  This bill also expands what 
          can be considered as alternatives to suspension or expulsion by 
          providing a non-comprehensive list of examples.  It clearly 
          stipulates that "other means of correction" include, but are not 
          limited to:  a conference between school personnel, parents and a 
          pupil; referrals to school support service personnel for case 
          management and counseling; intervention-related teams that 
          implement individualized plans to address the behavior in 
          partnership with the pupil and his or her parents; referral for a 
          comprehensive psychosocial or psychoeducational assessment for 
          purposes of creating an individualized education program (IEP) or 
          plan pursuant to Section 504 of the federal Rehabilitation Act of 







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          1973; enrollment in a program for teaching prosocial behavior or 
          anger management; participation in a restorative justice program; 
          a positive behavior support approach with tiered interventions 
          that occur during the schoolday; any after-school programs 
          designed to address specific behavioral issues and expose a pupil 
          to positive activities and behaviors; and, community service, 
          including, but not limited to outdoor beautification, community or 
          campus betterment and teacher, peer or youth assistance programs. 
           
           Arguments in support:  The author writes "AB 1729 reaffirms that 
          superintendents and school principals have the discretion to 
          implement alternatives to suspension and expulsion and expands the 
          list of 'other means of correction' that must be implemented prior 
          to suspension or expulsion to address most student misbehavior." 


           Analysis Prepared by  :    Mark Murphy and Sophia Kwong Kim / ED. / 
          (916) 319-2087


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