BILL ANALYSIS Ó AB 2537 Page 1 Date of Hearing: April 18, 2012 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 2537 (V. Manuel Perez) - As Introduced: February 24, 2012 SUBJECT : Pupil discipline: suspensions and expulsions SUMMARY : Limits the acts committed by pupils that result in mandatory expulsion; authorizes, rather than requires, a school district to expel a student for committing specified acts; and authorizes, rather than requires, a principal to notify appropriate law enforcement authorities of specified acts committed by pupils. Specifically, this bill : 1)Expresses the intent of the Legislature that the acts enumerated in the sections of law dealing with suspensions and expulsions form the exclusive bases for the imposition of suspension and expulsion. Expresses the Legislature's intent that the sections of law dealing with suspensions and expulsions grant to school districts the discretion to suspend or expel a pupil for any of the specified acts, except the acts that require mandatory expulsions. 2)Authorizes, rather than requires, a principal or a principal's designee, to do the following: a) Notify, prior to the suspension or expulsion of a pupil, the appropriate law enforcement authorities of the county or city in which the school is situated of any specified acts committed by the pupil, including assault with a deadly weapon; possession, use, sale, or otherwise furnishing of controlled substance or narcotics; possession, sale, or otherwise furnishing of firearm; and possession of explosive. b) Ensure that copies of the special education and disciplinary records of a pupil with exceptional needs are transmitted, as described in federal law, for consideration by the appropriate law enforcement authorities to whom a principal or a principal's designee reported the criminal activity. c) Expel a pupil for any of the following acts committed at school or at a school activity off school grounds: AB 2537 Page 2 i) Causing serious physical injury to another person, except in self-defense; ii) Possession of any knife or other dangerous object of no reasonable use to the pupil; iii) Unlawful possession of any controlled substance as specified in the Health and Safety Code; iv) Robbery or extortion; or, v) Assault or battery upon any school employee. 3)Deletes the provision specifying that willful failure of a principal or the principal's designee to make any required report to local law enforcement agencies is an infraction punishable by a fine of $500. 4)Specifies that the decision of a local governing board to expel a pupil who committed specified acts, including physical injury; possession or furnishing of a firearm, knife, or explosive; and offering, arranging sale of controlled substance; shall be based on both, rather than one, of the following: a) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct; and, b) 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. 5)Authorizes, rather than requires, a principal or superintendent of schools to recommend expulsion of a pupil who committed the following acts: a) Selling or otherwise furnishing a firearm; b) Brandishing a knife at another person; c) Unlawfully selling a controlled substance; and, d) Committing or attempting to commit a sexual assault or sexual battery. 6)Requires a principal or superintendent to recommend expulsion of a pupil that he or she determines has committed either of the following acts at school or at a school activity off school grounds: a) Possession of a firearm unless the pupil had obtained AB 2537 Page 3 prior written permission to possess the firearm from a certificated school employee, concurred in by the principal. b) Possession of an explosive. 7)Specifies that the decision of a local governing board to expel a pupil who committed specified acts at school or at a school activity off of school grounds, including damaging school property; stealing or attempting to steal school property; possessing or using tobacco; committing an obscene act or engaging in habitual profanity or vulgarity; unlawfully possessing or unlawfully offering, arranging or negotiating to sell drug paraphernalia; disrupting school activities or otherwise willfully defying school authorities; knowingly receiving stolen school or private property; and possessing an imitation firearm; shall be based on both, rather than one, of the following: a) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct; and, b) 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. EXISTING LAW : 1)Authorizes or requires a principal or a superintendent of schools to suspend or expel a student committing any of a number of specified acts. (Education Code (EC) Sections 48900, 48900.2, 48900.3, 48900.4, 48900.7, 48915) 2)Requires the principal or superintendent to recommend 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: a) Causing serious physical injury to another person, except in self-defense. b) Possession of any knife or other dangerous object of no reasonable use to the pupil. c) Unlawful possession of any controlled substance, except for the first offense for the possession of no more than AB 2537 Page 4 one avoirdupois ounce of marijuana, other than concentrated cannabis. d) Robbery or extortion. e) Assault or battery upon any school employee. (EC Section 48915) 3)Requires a principal or superintendent to immediately suspend and 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: a) Possessing, selling, or otherwise furnishing a firearm. b) Brandishing a knife at another person. c) Unlawfully selling a controlled substance. d) Committing or attempting to commit a sexual assault. e) Possession of an explosive. (EC Section 48915) FISCAL EFFECT : According to the Legislative Counsel, this bill is non-fiscal. COMMENTS : Background . Under existing law, a principal or a superintendent may suspend or expel a pupil for committing any of a number of specified acts. The California Department of Education (CDE) reported 700,884 suspensions and 18,649 expulsions in 2010-11. For expulsions, current law specifies three categories: 1) acts committed by a pupil that result in immediate suspension and recommendation for expulsion; 2) acts committed by a pupil for which a principal or superintendent must recommend expulsion, unless the principal or superintendent finds that expulsion is inappropriate, due to the particular circumstance; and 3) acts committed by a pupil for which a principal or superintendent have discretion to determine expulsion. The chart on page 4 prepared by the Los Angeles Unified School District shows the three levels. This bill eliminates all requirements to expel pupils and instead gives principals and superintendents the discretion to determine whether a pupil should be expelled, with the exception of two categories: 1) possession of a firearm; and 2) possession of an explosive. The category of "possessing, selling, or otherwise furnishing a firearm" is divided. "Selling or otherwise furnishing a firearm" becomes an act that may result in an expulsion, while possession of a firearm is AB 2537 Page 5 kept as a mandatory expulsion. Under this bill, category I will only contain possession of a firearm and possession of an explosive. All other acts under category I and all of category II offenses would move to category III. According to the sponsor of the bill, Public Counsel, possession of a firearm or an explosive were kept as mandatory expulsions because the federal Gun-Free Schools Act of 1994 requires states, as a condition for receipt of federal funds, to require school districts to expel pupils for possession of a firearm; an explosive is considered a firearm. ----------------------------------------------------------------------------- | | | | | Category I | Category II* | Category III* | | Student | Student Offenses | Student Offenses with | |Offenses with | with | Broad Principal Discretion | | No Principal |Limited Principal | | | Discretion | Discretion | | | (except as | | | | otherwise | | | | precluded by | | | | law) | | | | | | | |--------------+------------------+-------------------------------------------| | | | | |Principal |Principal must |Principal may recommend expulsion when the | |shall |recommend |following occur at any time, including, | |immediately |expulsion when |but not limited to, while on school | |suspend and |the following |grounds; while going to or coming from | |recommend |occur at school |school; during the lunch period, whether | |expulsion |or at a school |on or off the campus; or during, or while | |when the |activity off |going to or coming from, a | |following |campus unless the |school-sponsored activity. | |occur at |principal | | |school or at |determines that |(E.C. 48915İb] and İe]) | |a school |the expulsion is | | |activity off |inappropriate, | | |campus. |due to the | | | |particular | | |(E.C. |circumstance. | | |48915İc]) | | | | |(E.C. 48915İa]) | | | | | | AB 2537 Page 6 |--------------+------------------+-------------------------------------------| | | | | |1.Possessing, |2.Causing serious |3.Caused, attempted to cause, or | | selling, or | physical injury | threatened to cause physical injury to | | furnishing | to another | another person. | | a firearm. | person, except | (Unless, in the case of "caused," | | E.C. | in | the injury is serious. İSee II.1]) | | 48915(c)(1);| self-defense. | E.C. 48900(a)(1); 48915(b) | | 48900(b) | E.C. |2.First offense of possession of marijuana | | | 48915(a)(1); | of not more than one ounce, or alcohol. | | | 48900(a)(1), | E.C. 48900(c); 48915(b) | | | maybe |3.Sold, furnished, or offered a substitute | | | also | substance represented as a controlled | | | 48900(a)(2) | substance. | | | | E.C. 48900(d); 48915(b) | | | | | |--------------+------------------+-------------------------------------------| | | | | |1.Brandishing |2.Possession of |1.Caused or attempted to cause damage to | | a knife at | any knife, | school or private property. E.C. | | another | explosive, or | 48900(f); 48915(e) | | person. | other dangerous |2.Stole or attempted to steal school or | | E.C. | object of no | private property. E.C. 48900(g); | | 48915(c)(2);| reasonable use | 48915(e) | | | to the pupil. |3.Possessed or used tobacco. E.C. | | 48900(a)(1) | | 48900(h); 48915(e) | | and | |4.Committed an obscene act or engaged in | | 48900(b) | E.C. | habitual profanity or vulgarity. E.C. | | | 48915(a)(2); | 48900(i); 48915(e) | | | 48900(b) | | | | | | |--------------+------------------+-------------------------------------------| | | | | |1.Unlawfully |2.Unlawful |1.Possessed, offered, arranged, or | | selling a | possession of | negotiated to sell any drug | | controlled | any controlled | paraphernalia. E.C. 48900(j); 48915(e) | | substance. | substance, |2.Disrupted school activities or willfully | | | except for the | defied the valid authority of school | | E.C. | first offense | personnel. E.C. 48900(k); 48915(e) | | 48915(c)(3| of no more than |3.Knowingly received stolen school or | | ); | an ounce of | private property. E.C. 48900(l); | | 48900(c) | marijuana. | 48915(e) | | | E.C. |4.Possessed an imitation firearm. E.C. | | | 48915(a)(3); | 48900(m); 48915(e) | | | 48900(c) | | AB 2537 Page 7 |--------------+------------------+-------------------------------------------| | | | | |1.Committing |2.Robbery or |1.Engaged in harassment, threats, or | | or | extortion. | intimidation against a pupil or group of | | attempting | E.C. | pupils or school district personnel. | | to commit a | 48915(a)(4); | E.C. 48900.4**; 48915(e) | | sexual | 48900(e) |2.Engaged in sexual harassment. E.C. | | assault or | | 48900.2**; 48915(e) | | committing | |3.Caused, attempted to cause, threatened | | a sexual | | to cause, or participated in an act of | | battery (as | | hate violence. | | defined in | | E.C. 48900.3**; 48915(e) | | 48900İn]). | |4.Made terrorist threats against school | | E.C. | | officials or school property, or both. | | 48915(c)(4| | E.C. 48900.7; 48915(e) | | ); | | | | 48900(n) | | | |--------------+------------------+-------------------------------------------| | | | | |1.5. Possession | 5. Assault or |1.Willfully used force or violence upon | |of an | battery upon | the person of another, except in | |explosive | any | self-defense. E.C. 48900(a)(2); | | E.C. | school | 48915(b) | |48915(c)(5); | employee. |2.Harassed, threatened, or intimidated a | |48900 (b) | E.C. | pupil who is a complaining witness or | | | 48915(a)(5); | witness in a disciplinary action. | | | | E.C. 48900(o); 48915(e) | | | 48900(a)(1) and |3.Any behavior listed in Category l or ll | | | 48900(a)(2) | that is related to school activity or | | | | school attendance but that did not occur | | | | on campus or at a school activity off | | | | campus. E.C. 48915(b) | | | |4.Unlawfully offered, arranged to sell, | | | | negotiated to sell, or sold the | | | | prescription drug Soma. | | | | E.C. 48900(p); 48915(e) | | | |5.Engaged in, or attempted to engage in, | | | | hazing, as defined in Section 32050. | | | | E.C. 48900(q); 48915(e) | | | |6.Engaged in an act of bullying, | | | | including, but not limited to, bullying | | | | committed by means of electronic act | | | | directed specifically toward a pupil or | | | | school personnel. E.C. 48900(r); | | | | 48915(e) | AB 2537 Page 8 | | | | ----------------------------------------------------------------------------- * For Categories ll and lll, the school must provide evidence of one or both of the following additional findings : (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 student's presence causes a continuing danger to the physical safety of the pupil or others. **Grades 4 through 12 inclusive. Source: Los Angeles Unified School District AB 2537 Page 9 The author states, "School officials are currently mandated to automatically suspend and /or expel students for various broadly defined acts. These policies, known as 'Zero Tolerance,' were put in place over ten years ago as an effort to cut down on school violence. Although these policies were written with the best of intent, they have resulted in thousands of students being suspended and/or expelled for low level offenses. School administrators agree that there are instances in which a student engages in an activity that merits immediate suspension and/or expulsion, such as carrying a loaded weapon on school premises. However, many also agree that there are gray İareas] in the law." The author provides the following example: "In a well documented case, Danielle Brinkam, a model student at Rowland High School in Rowland Hills, California was expelled in 2005. She was a straight A's student, had received perfect attendance since kindergarten and was a member of the choir. She worked at a local grocery store. She woke up late one morning and put on her work pants, which contained a knife she used to open boxes with. When the administration found her in possession of a knife, İshe] was expelled, a shock to many who knew her. Many agreed that the punishment didn't fit the crime because she did not use the knife on anyone and did not pose a threat." Impact of punitive policies . The sponsor states that research has consistently shown that school removals and other "get tough" punishments fail schools and students, are not effective at transforming anti-social behavior into pro-social behavior and in fact have the opposite effect of exacerbating the problem and further alienating the child from the school environment and "pushing" them out of school. A University of California, Los Angeles' Civil Rights Project October 2011 brief titled "Discipline Policies, Successful Schools, and Racial Justice," report that data gathered by the U.S. Department of Education's Office for Civil Rights shows disparity in suspensions and expulsions for Black students, especially males, and students with disabilities. An analysis of data collected in 2006 shows that 28% of Black male middle school students were suspended at least once, while the rate was 10% for while males. The report argues that disciplinary actions that result in exclusion from school cause students to AB 2537 Page 10 miss important instructional time and may result in a "greater risk of disengagement and diminished educational opportunities." School safety versus alternative reform . The goal of this bill and several other bills introduced this year is to keep the students at school so that alternative corrective measures can be identified to help address the causes of the student's behavior. Supporters of the bill believe that once a student exits the education system, that student is at a much higher risk of entering the juvenile justice system. According to supporters of the bill, in 2008, California reported a total of 165,901 individual juvenile court matters. Garfield High School in Los Angeles, which implemented the 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, has reduced suspensions dramatically, yet administrators do not believe school safety has been compromised. However, the Legislature established the different levels of authority, from mandatory to permissive, for school safety reasons. Many of the provisions in the EC were crafted following violent crimes committed in elementary schools and colleges campuses in California and in other states; the most infamous being the Columbine massacre in 1999, where 13 people were killed and 21 were injured by two students who ultimately committed suicide. There are offenses the Legislature has deemed to be serious enough to require mandatory expulsion while giving principals and superintendents discretion over numerous other offenses. The issue for the Committee to consider is whether the Legislature should allow principals and superintendents to evaluate each situation and determine whether expulsion is warranted. The offenses proposed by this bill that will go from mandatory to permissive expulsion include the following: 1)Selling or furnishing a firearm. 2)Brandishing a knife at another person. 3)Unlawfully selling a controlled substance. 4)Committing or attempting to commit a sexual assault or committing a sexual battery. 5)Causing serious physical injury to another person, except in self-defense. 6)Possession of any knife, explosive or other dangerous object AB 2537 Page 11 of no reasonable use to the pupil. 7)Unlawful possession of any controlled substance, except for the first office of no more than an ounce of marijuana. 8)Robbery or extortion. 9)Assault or battery upon any school employee. Concerns have been raised by the Association of California School Administrators that with the discretion at the local level, governing boards will need to have strong justification for expulsions that are given for fear of lawsuits, which may inhibit expulsions that may be warranted. The Committee may wish to leave categories I and II offenses as required expulsions but give principals some discretion to address situations like that of the Rowland High School pupil described above. Additional considerations for expulsions . For the offenses listed under Category II and III of the chart, existing law requires a decision to expel to be based on one or both of the following: 1)Other means of correction are not feasible or have repeatedly failed to bring about proper conduct; or, 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. This bill requires the decision to be based on both criteria. While using other means of corrections is an ideal goal, should principals and superintendents be prohibited from suspending or expelling a student until he or she attempts other corrections, even if he or she believes the student poses a safety risk? The Committee may wish to keep current law for the offenses listed in category II to continue giving principals and superintendents the authority to recommend expulsion for safety reasons. The Committee may wish to not apply the two conditions on the offenses currently under category I. Should principals not be required to report certain incidences to local law enforcement ? Current law requires a principal or the principal's designee, frequently a vice principal, to notify law enforcement authorities of crimes involving assault with a firearm, an assault weapon, or a deadly weapon or instrument; possession or sale of controlled substances; possessing, AB 2537 Page 12 selling, or otherwise furnishing a firearm; and possession of an explosive, prior to or after suspending or expelling a pupil. Current law also specifies that the willful failure to make a report is an infraction punishable by a fine of up to $500 to be paid by the principal or principal's designee. This bill eliminates the $500 fine and makes it permissive for a principal or a principal's designee to contact local law enforcement authorities. The California Police Chiefs Association opposes this provision of the bill and states, "Experience has shown that the failure to report on-campus criminal activity to law enforcement frequently leads to a repetition (and in some cases escalation) of the criminal activity of the student in question. Repetition of escalation of criminal activity on a campus jeopardizes the safety of other students. Unlawful activity is just that, unlawful; the reporting of that unlawful activity should remain an obligation of school administrators." Districts that have school police departments may likely already have working relationships with local law enforcement agencies. For example, the Los Angeles School Police Department submits copies of crime reports to the appropriate law enforcement agencies for statistical and information sharing purposes. Related legislation . This bill is one of several bills introduced this year attempting to reduce the use of punitive measures to respond to disciplinary and attendance problems. The pending bills include: --------------------------------------------------------------------- | Bill | Summary | |-------------------+-------------------------------------------------| |AB 1729 (Ammiano) |Requires other means of correction to be used | |* pending in the |and documented prior to the suspension or | |Assembly |expulsion of any student, and revises the steps | |Appropriations |taken for suspensions and expulsions of students | |Committee |with exceptional needs. | |-------------------+-------------------------------------------------| |AB 2242 |Imposes in-school suspension and prohibits | |(Dickinson) |off-campus suspension or extended suspension, or | | |expulsion, due to disruption of school | |*pending in the |activities or willful defiance of school | |Assembly |officials. | AB 2537 Page 13 |Appropriations | | |Committee | | |-------------------+-------------------------------------------------| |AB 2300 (Swanson) |Prohibits, at the request of a pupil or a | |*pending in the |pupil's parent or guardian, a school from | |Assembly |disclosing a pupil's disciplinary records | |Appropriations |relating to suspensions to a postsecondary | |Committee |educational institution. | |-------------------+-------------------------------------------------| |AB 2537 (V. Manuel |Limits the acts committed by pupils that result | |Perez) |in mandatory expulsion; authorizes, rather than | | |requires, a school district to expel a student | | |for committing specified acts; and authorizes, | | |rather than requires, a principal to notify | | |appropriate law enforcement authorities of | | |specified acts committed by pupils. | |-------------------+-------------------------------------------------| |AB 2616 (Carter) |Eliminates the requirement and instead | | |authorizes a school to use its discretion to | | |classify a pupil who misses three full days in | |*pending in the |one school year or is tardy or absent for more | |Assembly Education |than a 30-minute period during the schoolday | |Committee |without a valid excuse on three occasions in one | | |school year, or any combination thereof, as a | | |truant. | |-------------------+-------------------------------------------------| |SB 1235 |Requires a school district to, if the number of | |(Steinberg) |pupils suspended from school during the prior | | |school year exceeded 25% of a school's | | |enrollment or any numerically significant racial | | |or ethnic subgroup, implement for a minimum of | |*pending in the |three years, an evidence-based system of | |Senate Education |schoolwide positive behavioral interventions or | |Committee |strategies that are evidence based and designed | | |to address school climate. | | | | --------------------------------------------------------------------- Previous related legislation . AB 1390 (Blumenfield), Chapter 292, Statutes of 2009, requires a principal or a principal's designee to report any incident involving the possession, sale, or otherwise furnishing of a firearm and possession of an explosive to the city police or county sheriff with jurisdiction over the school and the school security department or the school police department. AB 2537 Page 14 AB 1511 (De Leon), introduced in 2009, authorizes a governing board of a school district or a county superintendent of schools to enter into a memorandum of understanding with a prosecuting city attorney's office or district attorney's office having filing jurisdiction over the school district to facilitate the placement of one or more prosecutors on one or more school district campuses in order to promote public safety. The bill was gutted and amended into a different bill in 2010. This bill was heard in this Committee on April 11, 2012 as a discussion item only. Potential amendments may be considered at the April 18, 2012 hearing. REGISTERED SUPPORT / OPPOSITION : Support Public Counsel Law Center (sponsor) American Civil Liberties Union Center for Juvenile Law and Policy Center on Juvenile and Criminal Justice Coleman Advocates for Children & Youth Labor/Community Strategy Center's Community Rights Campaign Legal Advocates for Children & Youth Legal Services for Children New America Foundation Youth and Education Law Project, Mills Legal Clinic Youth Law Center Opposition Association of California School Administrators California Police Chiefs Association Los Angeles County District Attorney's Office Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087