BILL NUMBER: SB 453 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Correa
FEBRUARY 16, 2011
An act to amend Sections 48900 and 48915 of , and to add
Section 32286.5 to, the Education Code, relating to pupil
rights.
LEGISLATIVE COUNSEL'S DIGEST
SB 453, as amended, Correa. Pupil rights: bullying: suspension and
expulsion.
Existing law provides that each school district and county office
of education is responsible for the overall development of all
comprehensive school safety plans for its schools operating
kindergarten or any of grades 1 to 12, inclusive, that include
strategies aimed at the prevention of, and education about, potential
incidents involving crime and violence on the school campus, as
specified.
This bill would require, as comprehensive school safety plans are
reviewed and updated, all plans, to the extent that resources are
available, to include policies and procedures to ensure that
appropriate strategies, resources, training, and other prevention or
intervention efforts are in place to deal with the remediation and
termination of bullying, as specified.
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.
The
This 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: 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 appropriate
school environment that is free from bullying.
(b) The Legislature finds and declares that the intent of this act
is to enact antibullying legislation that will be known as the
Michael Joseph Berry Bullying Prevention Bill of 2011 in
commemoration of all pupils that have suffered harassment, abuse,
discrimination, and other forms of intimidation in California
schools.
(c) The Legislature finds and declares all of the following:
(1) Bullying is a form of abuse and victimization that can involve
any combination of physical, verbal, or psychological abuse, and it
is a serious problem in K-12 schools that impacts the academic
performance and the self-esteem of all pupils.
(2) Poor academic performance and a devastating array of
psychological problems are severe consequences of bullying, for both
the victims and the perpetrators. Long-term consequences of bullying
have been linked to an array of disorders that include criminal
behaviors, substance abuse, and numerous mental health problems.
(3) The National Institute of Child and Human Development has
reported that about 25 to 30 percent, inclusive, of all pupils are
subject to bullying, 17 percent of pupils are bullied "sometimes or
weekly," 19 percent bully others, 1.6 million American children in
grades 6 to 10, inclusive, are bullied at least once per week, and
1.7 million American children bully others frequently.
(4) The use of technology and the Internet has led to a
proliferation of "cyberbullying" with potentially disastrous
outcomes. Currently, about 20 percent of all teens have been the
victims of cyberbullying.
(5) Pupils with disabilities are two to three times more likely to
be bullied than their nondisabled peers. This bullying is often
chronic and directly related to their disability. Among 400 children
with autism, 88 percent were bullied at school, by peers whose
actions ranged from verbal abuse to physical contact.
(6) Bullying has severe consequences, both immediate and
long-term, on both the victims and perpetrators that include poor
academic performance and a devastating array of psychological
problems. Among adults, bullying has been linked to an increased
incidence of criminal behaviors, substance abuse, and numerous mental
health problems.
(7) Thus, bullying is a public health crisis that requires
immediate attention and effective prevention and intervention.
SEC. 2. Section 32286.5 is added to the
Education Code , to read:
32286.5. (a) As comprehensive school safety plans are reviewed
and updated, all plans, to the extent that resources are available,
shall include policies and procedures to ensure that appropriate
strategies, resources, training, and other prevention and
intervention efforts are in place to deal with the remediation and
termination of bullying, as defined in Section 48900.
(b) At a minimum, the policies and procedures described in
subdivision (a) shall include, but not be limited to, all of the
following:
(1) Protections for the rights of all pupils that do not unfairly
target individual pupils or groups of pupils.
(2) Protections for the rights of victims.
(3) Safeguards against reprisal, retaliation, and false
accusations.
(4) A process for advocates to assist parents and victims.
(5) The provision to teachers, paraprofessionals, volunteers,
school security personnel, and other appropriate individuals of
information and resources relating to best practices for the
prevention and intervention of bullying.
(6) The provision to the department of data and information on the
incidence of bullying at each school, as deemed necessary by the
Superintendent.
(7) The provision of information on bullying prevention and
intervention to pupils.
SECTION 1. SEC. 3. 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, 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.
(3) For the purpose of this section, "an act of bullying" means a
type of aggression, either verbal, physical, or psychological, that
includes, but is not limited to, any of the following:
(A) Behavior that is intended to harm or disturb the target or
victim, and may be carried out repeatedly over time.
(B) Behavior that reflects a physical or psychological imbalance
of power.
(C) Behavior in the form of physical acts, threats, intimidation,
verbal abuse, or taunting. An act of bullying also can be indirect,
in the form of making faces, making obscene gestures, exclusion, or
the spreading of rumors.
(D) Acts using modern communication devices, including, but
limited to, e-mail, instant messaging, chat rooms, Web sites, social
networking sites, cell phones, and all other forms of technology, to
intentionally embarrass, humiliate, threaten, intimidate, or gain
power or control over, an individual or group.
(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 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. SEC. 4. 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.
A principal or superintendent of schools shall only recommend
expulsion pursuant to this paragraph as a last resort if all other
prevention or intervention efforts have failed. As comprehensive
school safety plans are reviewed and updated, all plans, to the
extent that resources are available, shall include the policies and
procedures relating to bullying listed in subdivision (b) of Section
32286.5.
(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 that 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. SEC. 5. 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.