AB 420, as amended, 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
begin delete 9end delete to 12,
inclusive, to be suspended, but not expelled, for willful defiance on or after the 3rd begin delete documentedend delete offense in a school year, provided other specified correction measures were attempted begin delete and documentedend delete
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:
Section 48900 of the Education Code is amended
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
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
P3 1(g) Stole or attempted to steal school property or private
3(h) Possessed or used tobacco, or products containing tobacco
4or nicotine products, including, but not limited to, cigarettes, cigars,
5miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
6packets, and betel. However, this section does not prohibit use or
7possession by a pupil of his or her own prescription products.
8(i) Committed an obscene act or engaged in habitual profanity
10(j) Unlawfully possessed or unlawfully offered, arranged, or
11negotiated to sell drug paraphernalia, as defined in Section 11014.5
12of the Health and Safety Code.
13(k) (1) A pupil enrolled in any of grades
begin delete 9end delete to 12, inclusive,
14disrupted school activities or otherwise willfully defied the valid
15authority of supervisors, teachers, administrators, school officials,
16or other school personnel engaged in the performance of their
18(2) A pupil may only be suspended from school pursuant to this
19 subdivision on or after the third
begin delete documentedend delete offense in a school
20year, provided other means of correction, as defined in Section
2148900.5, were attempted
begin delete and documentedend delete before the
22recommendation to suspend.
23(3) Notwithstanding any other law, this subdivision shall not
24constitute grounds for a pupil to be recommended for expulsion.
25(4) It is the intent of the Legislature to minimize the excessive
26use of willful defiance as a reason to impose in-school and
27 off-campus removals that often lead to poor educational outcomes,
28and to encourage schools to instead prioritize and use alternative
29means of correction such as participation in a restorative justice
30program, a positive behavior support system with tiered
31interventions, or other forms of correction as specified in Section
33(l) Knowingly received stolen school property or private
35(m) Possessed an imitation firearm. As used in this section,
36“imitation firearm” means a replica of a firearm that is so
37substantially similar in physical properties to an existing firearm
38as to lead a reasonable person to conclude that the replica is a
P4 1(n) Committed or attempted to commit
a sexual assault as
2defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
3Code or committed a sexual battery as defined in Section 243.4
4of the Penal Code.
5(o) Harassed, threatened, or intimidated a pupil who is a
6complaining witness or a witness in a school disciplinary
7proceeding for purposes of either preventing that pupil from being
8a witness or retaliating against that pupil for being a witness, or
10(p) Unlawfully offered, arranged to sell, negotiated to sell, or
11sold the prescription drug Soma.
12(q) Engaged in, or attempted to engage in, hazing. For purposes
13of this subdivision, “hazing” means a method of initiation or
14preinitiation into a pupil organization or body, whether or not the
15organization or body is officially recognized by an educational
16institution, which is likely to cause serious bodily injury or personal
17degradation or disgrace resulting in physical or mental harm to a
18 former, current, or prospective pupil. For purposes of this
19subdivision, “hazing” does not include athletic events or
21(r) Engaged in an act of bullying. For purposes of this
22subdivision, the following terms have the following meanings:
23(1) “Bullying” means any severe or pervasive physical or verbal
24act or conduct, including communications made in writing or by
25means of an electronic act, and including one or more acts
26committed by a pupil or group of pupils as defined in Section
2748900.2, 48900.3, or 48900.4, directed toward one or more pupils
28that has or can be reasonably predicted to have the effect of one
29or more of the following:
30(A) Placing a reasonable pupil or pupils in
fear of harm to that
31pupil’s or those pupils’ person or property.
32(B) Causing a reasonable pupil to experience a substantially
33detrimental effect on his or her physical or mental health.
34(C) Causing a reasonable pupil to experience substantial
35interference with his or her academic performance.
36(D) Causing a reasonable pupil to experience substantial
37interference with his or her ability to participate in or benefit from
38the services, activities, or privileges provided by a school.
39(2) (A) “Electronic act” means the transmission, by means of
40an electronic device, including, but not limited to, a telephone,
P5 1wireless telephone, or other wireless communication device,
2computer, or pager, of a communication, including, but not limited
3to, any of the following:
4(i) A message, text, sound, or image.
5(ii) A post on a social network Internet Web site including, but
6not limited to:
7(I) Posting to or creating a burn page. “Burn page” means an
8Internet Web site created for the purpose of having one or more
9of the effects listed in paragraph (1).
10(II) Creating a credible impersonation of another actual pupil
11for the purpose of having one or more of the effects listed in
12paragraph (1). “Credible impersonation” means to knowingly and
13without consent impersonate a pupil for the purpose of bullying
14the pupil and such that another pupil would reasonably believe, or
15has reasonably believed, that the pupil was or is the pupil who was
17(III) Creating a false profile for the purpose of having one or
18more of the effects listed in paragraph (1). “False profile” means
19a profile of a fictitious pupil or a profile using the likeness or
20attributes of an actual pupil other than the pupil who created the
22(B) Notwithstanding paragraph (1) and subparagraph (A), an
23electronic act shall not constitute pervasive conduct solely on the
24basis that it has been transmitted on the Internet or is currently
25posted on the Internet.
26(3) “Reasonable pupil” means a pupil, including, but not limited
27to, an exceptional needs pupil, who exercises average care, skill,
28and judgment in conduct for a person of his or her age, or for a
29person of his or her age with his or her exceptional needs.
30(s) A pupil shall not be suspended or expelled for any of the
31acts enumerated in this section unless the act is related to a school
32activity or school attendance occurring within a school under the
33jurisdiction of the superintendent of the school district or principal
34or occurring within any other school district. A pupil may be
35suspended or expelled for acts that are enumerated in this section
36and related to a school activity or school attendance that occur at
37any time, including, but not limited to, any of the following:
38(1) While on school grounds.
39(2) While going to or coming from school.
40(3) During the lunch period whether on or off the campus.
P6 1(4) During, or while going to or coming from, a
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.