California Legislature—2013–14 Regular Session

Assembly BillNo. 420


Introduced by Assembly Member Dickinson

(Coauthor: Assembly Member John A. Pérez)

(Coauthor: Senator Leno)

February 15, 2013


An act to amend Section 48900 of the Education Code, relating to pupil discipline.

LEGISLATIVE COUNSEL’S DIGEST

AB 420, as introduced, Dickinson. Pupil discipline: suspensions: willful defiance.

Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.

This bill would limit that authority of a superintendent of a school district and a principal by only allowing a pupil enrolled in any of grades 9 to 12, inclusive, to be suspended, but not expelled, for willful defiance on or after the 3rd documented offense in a school year, provided other specified correction measures were attempted and documented before the recommendation to suspend. The bill also would state the intent of the Legislature to minimize the excessive use of willful defiance and encourage schools to instead prioritize and use alternative means of correction.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 48900 of the Education Code is amended
2to read:

3

48900.  

A pupil shall not be suspended from school or
4recommended for expulsion, unless the superintendent of the school
5district or the principal of the school in which the pupil is enrolled
6determines that the pupil has committed an act as defined pursuant
7to any of subdivisions (a) to (r), inclusive:

8(a) (1) Caused, attempted to cause, or threatened to cause
9physical injury to another person.

10(2) Willfully used force or violence upon the person of another,
11except in self-defense.

12(b) Possessed, sold, or otherwise furnished a firearm, knife,
13explosive, or other dangerous object, unless, in the case of
14possession of an object of this type, the pupil had obtained written
15permission to possess the item from a certificated school employee,
16which is concurred in by the principal or the designee of the
17principal.

18(c) Unlawfully possessed, used, sold, or otherwise furnished,
19or been under the influence of, a controlled substance listed in
20Chapter 2 (commencing with Section 11053) of Division 10 of the
21Health and Safety Code, an alcoholic beverage, or an intoxicant
22of any kind.

23(d) Unlawfully offered, arranged, or negotiated to sell a
24controlled substance listed in Chapter 2 (commencing with Section
2511053) of Division 10 of the Health and Safety Code, an alcoholic
26beverage, or an intoxicant of any kind, and either sold, delivered,
27or otherwise furnished to a person another liquid, substance, or
28material and represented the liquid, substance, or material as a
29controlled substance, alcoholic beverage, or intoxicant.

30(e) Committed or attempted to commit robbery or extortion.

31(f) Caused or attempted to cause damage to school property or
32private property.

33(g) Stole or attempted to steal school property or private
34property.

P3    1(h) Possessed or used tobacco, or products containing tobacco
2or nicotine products, including, but not limited to, cigarettes, cigars,
3miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
4packets, and betel. However, this section does not prohibit use or
5possession by a pupil of his or her own prescription products.

6(i) Committed an obscene act or engaged in habitual profanity
7or vulgarity.

8(j) Unlawfully possessed or unlawfully offered, arranged, or
9negotiated to sell drug paraphernalia, as defined in Section 11014.5
10of the Health and Safety Code.

11(k) begin deleteDisrupted end deletebegin insert(1)end insertbegin insertend insertbegin insertA pupil enrolled in any of grades 9 to 12,
12inclusive, disrupted end insert
school activities or otherwise willfully defied
13the valid authority of supervisors, teachers, administrators, school
14officials, or other school personnel engaged in the performance of
15their duties.

begin insert

16(2) A pupil may only be suspended from school pursuant to this
17 subdivision on or after the third documented offense in a school
18year, provided other means of correction, as defined in Section
1948900.5, were attempted and documented before the
20recommendation to suspend.

end insert
begin insert

21(3) Notwithstanding any other law, this subdivision shall not
22constitute grounds for a pupil to be recommended for expulsion.

end insert
begin insert

23(4) It is the intent of the Legislature to minimize the excessive
24use of willful defiance as a reason to impose in-school and
25 off-campus removals that often lead to poor educational outcomes,
26and to encourage schools to instead prioritize and use alternative
27means of correction such as participation in a restorative justice
28program, a positive behavior support system with tiered
29interventions, or other forms of correction as specified in Section
3048900.5.

end insert

31(l) Knowingly received stolen school property or private
32property.

33(m) Possessed an imitation firearm. As used in this section,
34“imitation firearm” means a replica of a firearm that is so
35substantially similar in physical properties to an existing firearm
36as to lead a reasonable person to conclude that the replica is a
37firearm.

38(n) Committed or attempted to commit a sexual assault as
39defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
P4    1Code or committed a sexual battery as defined in Section 243.4
2of the Penal Code.

3(o) Harassed, threatened, or intimidated a pupil who is a
4complaining witness or a witness in a school disciplinary
5proceeding for purposes of either preventing that pupil from being
6a witness or retaliating against that pupil for being a witness, or
7both.

8(p) Unlawfully offered, arranged to sell, negotiated to sell, or
9sold the prescription drug Soma.

10(q) Engaged in, or attempted to engage in, hazing. For purposes
11of this subdivision, “hazing” means a method of initiation or
12preinitiation into a pupil organization or body, whether or not the
13organization or body is officially recognized by an educational
14institution, which is likely to cause serious bodily injury or personal
15degradation or disgrace resulting in physical or mental harm to a
16 former, current, or prospective pupil. For purposes of this
17subdivision, “hazing” does not include athletic events or
18school-sanctioned events.

19(r) Engaged in an act of bullying. For purposes of this
20subdivision, the following terms have the following meanings:

21(1) “Bullying” means any severe or pervasive physical or verbal
22act or conduct, including communications made in writing or by
23means of an electronic act, and including one or more acts
24committed by a pupil or group of pupils as defined in Section
2548900.2, 48900.3, or 48900.4, directed toward one or more pupils
26that has or can be reasonably predicted to have the effect of one
27or more of the following:

28(A) Placing a reasonable pupil or pupils in fear of harm to that
29pupil’s or those pupils’ person or property.

30(B) Causing a reasonable pupil to experience a substantially
31detrimental effect on his or her physical or mental health.

32(C) Causing a reasonable pupil to experience substantial
33interference with his or her academic performance.

34(D) Causing a reasonable pupil to experience substantial
35interference with his or her ability to participate in or benefit from
36the services, activities, or privileges provided by a school.

37(2) (A) “Electronic act” means the transmission, by means of
38an electronic device, including, but not limited to, a telephone,
39wireless telephone, or other wireless communication device,
P5    1computer, or pager, of a communication, including, but not limited
2to, any of the following:

3(i) A message, text, sound, or image.

4(ii) A post on a social network Internet Web site including, but
5not limited to:

6(I) Posting to or creating a burn page. “Burn page” means an
7Internet Web site created for the purpose of having one or more
8of the effects listed in paragraph (1).

9(II) Creating a credible impersonation of another actual pupil
10for the purpose of having one or more of the effects listed in
11paragraph (1). “Credible impersonation” means to knowingly and
12without consent impersonate a pupil for the purpose of bullying
13the pupil and such that another pupil would reasonably believe, or
14has reasonably believed, that the pupil was or is the pupil who was
15impersonated.

16(III) Creating a false profile for the purpose of having one or
17more of the effects listed in paragraph (1). “False profile” means
18a profile of a fictitious pupil or a profile using the likeness or
19attributes of an actual pupil other than the pupil who created the
20false profile.

21(B) Notwithstanding paragraph (1) and subparagraph (A), an
22electronic act shall not constitute pervasive conduct solely on the
23basis that it has been transmitted on the Internet or is currently
24posted on the Internet.

25(3) “Reasonable pupil” means a pupil, including, but not limited
26to, an exceptional needs pupil, who exercises average care, skill,
27and judgment in conduct for a person of his or her age, or for a
28person of his or her age with his or her exceptional needs.

29(s) A pupil shall not be suspended or expelled for any of the
30acts enumerated in this section unless the act is related to a school
31activity or school attendance occurring within a school under the
32jurisdiction of the superintendent of the school district or principal
33or occurring within any other school district. A pupil may be
34suspended or expelled for acts that are enumerated in this section
35and related to a school activity or school attendance that occur at
36any time, including, but not limited to, any of the following:

37(1) While on school grounds.

38(2) While going to or coming from school.

39(3) During the lunch period whether on or off the campus.

P6    1(4) During, or while going to or coming from, a
2school-sponsored activity.

3(t) A pupil who aids or abets, as defined in Section 31 of the
4Penal Code, the infliction or attempted infliction of physical injury
5to another person may be subject to suspension, but not expulsion,
6pursuant to this section, except that a pupil who has been adjudged
7by a juvenile court to have committed, as an aider and abettor, a
8crime of physical violence in which the victim suffered great bodily
9injury or serious bodily injury shall be subject to discipline pursuant
10to subdivision (a).

11(u) As used in this section, “school property” includes, but is
12not limited to, electronic files and databases.

13(v) For a pupil subject to discipline under this section, a
14superintendent of the school district or principal may use his or
15her discretion to provide alternatives to suspension or expulsion
16that are age appropriate and designed to address and correct the
17pupil’s specific misbehavior as specified in Section 48900.5.

18(w) It is the intent of the Legislature that alternatives to
19suspension or expulsion be imposed against a pupil who is truant,
20tardy, or otherwise absent from school activities.



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