BILL NUMBER: SB 453	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator Correa

                        FEBRUARY 16, 2011

   An act  to amend Sections 48900 and 48915 of the Education
Code,   relating to pupil rights.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 453, as amended, Correa. Pupil rights:  bullying.
  bullying: suspension and expulsion. 
   Existing law prohibits the suspension of a pupil from school or
the recommendation of a pupil for expulsion from school unless a
school district superintendent or the principal of the school in
which the pupil is enrolled determines that the pupil has committed
any of several specified acts, among which is having engaged in an
act of bullying. For the purposes of this provision, bullying is
defined to include an act of sexual harassment or hate violence, or
threats or intimidation directed against school pupils or personnel,
and to include bullying committed by electronic means, as defined.

   This bill would express the intent of the Legislature to enact
legislation that would ensure that appropriate actions are taken and
reporting requirements are implemented for public elementary and
secondary school pupils who are facing possible suspension or
expulsion as a result of alleged incidents of bullying, as defined.
 
   The bill would also define bullying to include acts motivated by
specified actual or perceived characteristics of the victim. 

   Existing law requires the principal or the superintendent of
schools to recommend the expulsion of a pupil for commission of
specified 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.  
   This bill would include acts of bullying that have persisted and
reoccurred despite repeated efforts at remediation and termination of
the behavior by the principal or the superintendent of schools on
the list of acts for which expulsion may be recommended.  
   Because the bill would increase the duties of local educational
agencies, this bill would impose a state-mandated local program.
 
   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:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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   that  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)  (1)    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. 

   (2) 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 motivated by any of the following
actual or perceived characteristics of the victim:  
   (A) Disability.  
   (B) Gender.  
   (C) Nationality.  
   (D) Race or ethnicity.  
   (E) Religion.  
   (F) Sexual orientation.  
   (G) Association with a person or group with one or more of these
actual or perceived characteristics. 
   (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 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
section.
   (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. 2.    Section 48915 of the   Education
Code   is amended to read: 
   48915.  (a) Except as provided in subdivisions (c) and (e), the
principal or the superintendent of schools shall recommend the
expulsion of a pupil for any of the following acts committed at
school or at a school activity off school grounds, unless the
principal or superintendent finds that expulsion is inappropriate,
due to the particular circumstance:
   (1) Causing serious physical injury to another person, except in
self-defense.
   (2) Possession of any knife or other dangerous object of no
reasonable use to the pupil.
   (3) Unlawful possession of any controlled substance listed in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, except for the first offense for the
possession of not more than one avoirdupois ounce of marijuana, other
than concentrated cannabis.
   (4) Robbery or extortion.
   (5) Assault or battery, as defined in Sections 240 and 242 of the
Penal Code, upon any school employee. 
   (6) Acts of bullying, as defined in subdivision (r) of Section
48900, that have persisted and reoccurred despite repeated efforts at
remediation and termination of the behavior by the principal or the
superintendent of schools. 
   (b) Upon recommendation by the principal, superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon finding that the pupil committed an act
listed in subdivision (a) or in subdivision (a), (b), (c), (d), or
(e) of Section 48900. A decision to expel shall be based on a finding
of one or both of the following:
   (1) Other means of correction are not feasible or have repeatedly
failed to bring about proper conduct.
   (2) Due to the nature of the act, the presence of the pupil causes
a continuing danger to the physical safety of the pupil or others.
   (c) The principal or superintendent of schools shall immediately
suspend, pursuant to Section 48911, and shall recommend expulsion of
 ,  a pupil that he or she determines has committed any of
the following acts at school or at a school activity off school
grounds:
   (1) Possessing, selling, or otherwise furnishing a firearm. This
subdivision does not apply to an act of possessing a firearm if the
pupil had obtained prior written permission to possess the firearm
from a certificated school employee, which is concurred in by the
principal or the designee of the principal. This subdivision applies
to an act of possessing a firearm only if the possession is verified
by an employee of a school district.
   (2) Brandishing a knife at another person.
   (3) Unlawfully selling a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
   (4) Committing or attempting to commit a sexual assault as defined
in subdivision (n) of Section 48900 or committing a sexual battery
as defined in subdivision (n) of Section 48900.
   (5) Possession of an explosive.
   (d) The governing board shall order a pupil expelled upon finding
that the pupil committed an act listed in subdivision (c), and shall
refer that pupil to a program of study that meets all of the
following conditions:
   (1) Is appropriately prepared to accommodate pupils who exhibit
discipline problems.
   (2) Is not provided at a comprehensive middle, junior, or senior
high school, or at any elementary school.
   (3) Is not housed at the schoolsite attended by the pupil at the
time of suspension.
   (e) Upon recommendation by the principal, superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon finding that the pupil, at school or at
a school activity off of school grounds  ,  violated
subdivision (f), (g), (h), (i), (j), (k), (  l  ), or (m) of
Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either
of the following:
   (1) That other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
   (2) That due to the nature of the violation, the presence of the
pupil causes a continuing danger to the physical safety of the pupil
or others.
   (f) The governing board shall refer a pupil who has been expelled
pursuant to subdivision (b) or (e) to a program of study which meets
all of the conditions specified in subdivision (d). Notwithstanding
this subdivision, with respect to a pupil expelled pursuant to
subdivision (e), if the county superintendent of schools certifies
that an alternative program of study is not available at a site away
from a comprehensive middle, junior, or senior high school, or an
elementary school, and that the only option for placement is at
another comprehensive middle, junior, or senior high school, or
another elementary school, the pupil may be referred to a program of
study that is provided at a comprehensive middle, junior, or senior
high school, or at an elementary school.
   (g) As used in this section, "knife" means any dirk, dagger, or
other weapon with a fixed, sharpened blade fitted primarily for
stabbing, a weapon with a blade fitted primarily for stabbing, a
weapon with a blade longer than 31/2 inches, a folding knife with a
blade that locks into place, or a razor with an unguarded blade.
   (h) As used in this section, the term "explosive" means
"destructive device" as described in Section 921 of Title 18 of the
United States Code.
   SEC. 3.    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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would ensure that appropriate actions are
taken and reporting requirements are implemented for public
elementary and secondary school pupils who are facing possible
suspension or expulsion under Article 1 (commencing with Section
48900) of Chapter 6 of Part 27 of Division 4 of Title 2 of the
Education Code as a result of alleged incidents of bullying.