Amended in Senate August 16, 2016

Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2212


Introduced by Assembly Member Harper

(Coauthor: Assembly Member Lackey)

February 18, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

AB 2212, as amended, Harper. Pupils: suspensions and expulsions: bullying: electronic acts: video.

begin insert(1)end insertbegin insertend insert Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying by means of an electronic act. Existing law defines “electronic act” as the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, a message, text, sound, or image, or a post on a social network Internet Web site.

This bill would expressly include a video within the definition of what constitutes an electronic act.

begin insert

(2) This bill would incorporate additional changes to Section 48900 of the Education Code proposed by AB 2536 that would become operative if this bill and AB 2536 are both enacted and this bill is enacted last.

end insert

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.

P3    1(g) Stole or attempted to steal school property or private
2property.

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 the use
7or possession by a pupil of his or her own prescription products.

8(i) Committed an obscene act or engaged in habitual profanity
9or vulgarity.

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) Disrupted school activities or otherwise willfully defied
14the valid authority of supervisors, teachers, administrators, school
15officials, or other school personnel engaged in the performance of
16their duties.

17(2) Except as provided in Section 48910, a pupil enrolled in
18kindergarten or any of grades 1 to 3, inclusive, shall not be
19suspended for any of the acts enumerated in this subdivision, and
20this subdivision shall not constitute grounds for a pupil enrolled
21in kindergarten or any of grades 1 to 12, inclusive, to be
22recommended for expulsion. This paragraph shall become
23inoperative on July 1, 2018, unless a later enacted statute that
24becomes operative before July 1, 2018, deletes or extends that
25date.

26(l) Knowingly received stolen school property or private
27property.

28(m) Possessed an imitation firearm. As used in this section,
29“imitation firearm” means a replica of a firearm that is so
30substantially similar in physical properties to an existing firearm
31as to lead a reasonable person to conclude that the replica is a
32firearm.

33(n) Committed or attempted to commit a sexual assault as
34defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
35Code or committed a sexual battery as defined in Section 243.4
36of the Penal Code.

37(o) Harassed, threatened, or intimidated a pupil who is a
38complaining witness or a witness in a school disciplinary
39proceeding for purposes of either preventing that pupil from being
P4    1a witness or retaliating against that pupil for being a witness, or
2both.

3(p) Unlawfully offered, arranged to sell, negotiated to sell, or
4sold the prescription drug Soma.

5(q) Engaged in, or attempted to engage in, hazing. For purposes
6of this subdivision, “hazing” means a method of initiation or
7preinitiation into a pupil organization or body, whether or not the
8organization or body is officially recognized by an educational
9institution, that is likely to cause serious bodily injury or personal
10degradation or disgrace resulting in physical or mental harm to a
11former, current, or prospective pupil. For purposes of this
12subdivision, “hazing” does not include athletic events or
13school-sanctioned events.

14(r) Engaged in an act of bullying. For purposes of this
15subdivision, the following terms have the following meanings:

16(1) “Bullying” means any severe or pervasive physical or verbal
17act or conduct, including communications made in writing or by
18means of an electronic act, and including one or more acts
19committed by a pupil or group of pupils as defined in Section
2048900.2, 48900.3, or 48900.4, directed toward one or more pupils
21that has or can be reasonably predicted to have the effect of one
22or more of the following:

23(A) Placing a reasonable pupil or pupils in fear of harm to that
24pupil’s or those pupils’ person or property.

25(B) Causing a reasonable pupil to experience a substantially
26detrimental effect on his or her physical or mental health.

27(C) Causing a reasonable pupil to experience substantial
28interference with his or her academic performance.

29(D) Causing a reasonable pupil to experience substantial
30interference with his or her ability to participate in or benefit from
31the services, activities, or privileges provided by a school.

32(2) (A) “Electronic act” means the creation or transmission
33originated on or off the schoolsite, by means of an electronic
34device, including, but not limited to, a telephone, wireless
35telephone, or other wireless communication device, computer, or
36pager, of a communication, including, but not limited to, any of
37the following:

38(i) A message, text, sound, video, or image.

39(ii) A post on a social network Internet Web site, including, but
40not limited to:

P5    1(I) Posting to or creating a burn page. “Burn page” means an
2Internet Web site created for the purpose of having one or more
3of the effects listed in paragraph (1).

4(II) Creating a credible impersonation of another actual pupil
5for the purpose of having one or more of the effects listed in
6paragraph (1). “Credible impersonation” means to knowingly and
7without consent impersonate a pupil for the purpose of bullying
8the pupil and such that another pupil would reasonably believe, or
9has reasonably believed, that the pupil was or is the pupil who was
10impersonated.

11(III) Creating a false profile for the purpose of having one or
12more of the effects listed in paragraph (1). “False profile” means
13a profile of a fictitious pupil or a profile using the likeness or
14attributes of an actual pupil other than the pupil who created the
15false profile.

16(B) Notwithstanding paragraph (1) and subparagraph (A), an
17electronic act shall not constitute pervasive conduct solely on the
18basis that it has been transmitted on the Internet or is currently
19posted on the Internet.

20(3) “Reasonable pupil” means a pupil, including, but not limited
21to, an exceptional needs pupil, who exercises average care, skill,
22and judgment in conduct for a person of his or her age, or for a
23person of his or her age with his or her exceptional needs.

24(s) A pupil shall not be suspended or expelled for any of the
25acts enumerated in this section unless the act is related to a school
26activity or school attendance occurring within a school under the
27jurisdiction of the superintendent of the school district or principal
28or occurring within any other school district. A pupil may be
29suspended or expelled for acts that are enumerated in this section
30and related to a school activity or school attendance that occur at
31any time, including, but not limited to, any of the following:

32(1) While on school grounds.

33(2) While going to or coming from school.

34(3) During the lunch period whether on or off the campus.

35(4) During, or while going to or coming from, a
36school-sponsored activity.

37(t) A pupil who aids or abets, as defined in Section 31 of the
38Penal Code, the infliction or attempted infliction of physical injury
39to another person may be subject to suspension, but not expulsion,
40pursuant to this section, except that a pupil who has been adjudged
P6    1by a juvenile court to have committed, as an aider and abettor, a
2crime of physical violence in which the victim suffered great bodily
3injury or serious bodily injury shall be subject to discipline pursuant
4to subdivision (a).

5(u) As used in this section, “school property” includes, but is
6not limited to, electronic files and databases.

7(v) For a pupil subject to discipline under this section, a
8superintendent of the school district or principal may use his or
9her discretion to provide alternatives to suspension or expulsion
10that are age appropriate and designed to address and correct the
11pupil’s specific misbehavior as specified in Section 48900.5.

12(w) It is the intent of the Legislature that alternatives to
13suspension or expulsion be imposed against a pupil who is truant,
14tardy, or otherwise absent from school activities.

15begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 48900 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
16read:end insert

17

48900.  

A pupil shall not be suspended from school or
18recommended for expulsion, unless the superintendent of the school
19district or the principal of the school in which the pupil is enrolled
20determines that the pupil has committed an act as defined pursuant
21to any of subdivisions (a) to (r), inclusive:

22(a) (1) Caused, attempted to cause, or threatened to cause
23physical injury to another person.

24(2) Willfully used force or violence upon the person of another,
25except in self-defense.

26(b) Possessed, sold, or otherwise furnished a firearm, knife,
27explosive, or other dangerous object, unless, in the case of
28possession of an object of this type, the pupil had obtained written
29permission to possess the item from a certificated school employee,
30which is concurred in by the principal or the designee of the
31principal.

32(c) Unlawfully possessed, used, sold, or otherwise furnished,
33or been under the influence of, a controlled substance listed in
34Chapter 2 (commencing with Section 11053) of Division 10 of the
35Health and Safety Code, an alcoholic beverage, or an intoxicant
36of any kind.

37(d) Unlawfully offered, arranged, or negotiated to sell a
38controlled substance listed in Chapter 2 (commencing with Section
3911053) of Division 10 of the Health and Safety Code, an alcoholic
40beverage, or an intoxicant of any kind, and either sold, delivered,
P7    1or otherwise furnished to a person another liquid, substance, or
2material and represented the liquid, substance, or material as a
3controlled substance, alcoholic beverage, or intoxicant.

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

5(f) Caused or attempted to cause damage to school property or
6private property.

7(g) Stole or attempted to steal school property or private
8property.

9(h) Possessed or used tobacco, or products containing tobacco
10or nicotine products, including, but not limited to, cigarettes, cigars,
11miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
12packets, and betel. However, this section does not prohibit the use
13or possession by a pupil of his or her own prescription products.

14(i) Committed an obscene act or engaged in habitual profanity
15or vulgarity.

16(j) Unlawfully possessed or unlawfully offered, arranged, or
17negotiated to sell drug paraphernalia, as defined in Section 11014.5
18of the Health and Safety Code.

19(k) (1) Disrupted school activities or otherwise willfully defied
20the valid authority of supervisors, teachers, administrators, school
21officials, or other school personnel engaged in the performance of
22their duties.

23(2) Except as provided in Section 48910, a pupil enrolled in
24kindergarten or any of grades 1 to 3, inclusive, shall not be
25suspended for any of the acts enumerated in this subdivision, and
26this subdivision shall not constitute grounds for a pupil enrolled
27in kindergarten or any of grades 1 to 12, inclusive, to be
28recommended for expulsion. This paragraph shall become
29inoperative on July 1, 2018, unless a later enacted statute that
30becomes operative before July 1, 2018, deletes or extends that
31date.

32(l) Knowingly received stolen school property or private
33property.

34(m) Possessed an imitation firearm. As used in this section,
35“imitation firearm” means a replica of a firearm that is so
36substantially similar in physical properties to an existing firearm
37as to lead a reasonable person to conclude that the replica is a
38firearm.

39(n) Committed or attempted to commit a sexual assault as
40defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
P8    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, that is likely to cause serious bodily injury or personal
15degradation or disgrace resulting in physical or mental harm to a
16former, 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 creation or transmission
38originated on or off the schoolsite, by means of an electronic
39device, including, but not limited to, a telephone, wireless
40telephone, or other wireless communication device, computer, or
P9    1pager, of a communication, including, but not limited to, any of
2the following:

3(i) A message, text, sound,begin insert video,end insert 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.

begin insert

21
(iii) An act of cyber sexual bullying.

end insert
begin insert

22
(I) For purposes of this clause, “cyber sexual bullying” means
23the dissemination of, or the solicitation or incitement to
24disseminate, a photograph or other visual recording by a pupil to
25another pupil or to school personnel by means of an electronic
26act that has or can be reasonably predicted to have one or more
27of the effects described in subparagraphs (A) to (D), inclusive, of
28paragraph (1). A photograph or other visual recording, as
29described above, shall include the depiction of a nude, semi-nude,
30or sexually explicit photograph or other visual recording of a
31minor where the minor is identifiable from the photograph, visual
32recording, or other electronic act.

end insert
begin insert

33
(II) For purposes of this clause, “cyber sexual bullying” does
34not include a depiction, portrayal, or image that has any serious
35literary, artistic, educational, political, or scientific value or that
36involves athletic events or school-sanctioned activities.

end insert

37(B) Notwithstanding paragraph (1) and subparagraph (A), an
38electronic act shall not constitute pervasive conduct solely on the
39basis that it has been transmitted on the Internet or is currently
40posted on the Internet.

P10   1(3) “Reasonable pupil” means a pupil, including, but not limited
2to, an exceptional needs pupil, who exercises average care, skill,
3and judgment in conduct for a person of his or her age, or for a
4person of his or her age with his or her exceptional needs.

5(s) A pupil shall not be suspended or expelled for any of the
6acts enumerated in this section unless the act is related to a school
7activity or school attendance occurring within a school under the
8jurisdiction of the superintendent of the school district or principal
9or occurring within any other school district. A pupil may be
10suspended or expelled for acts that are enumerated in this section
11and related to a school activity or school attendance that occur at
12any time, including, but not limited to, any of the following:

13(1) While on school grounds.

14(2) While going to or coming from school.

15(3) During the lunch period whether on or off the campus.

16(4) During, or while going to or coming from, a
17school-sponsored activity.

18(t) A pupil who aids or abets, as defined in Section 31 of the
19Penal Code, the infliction or attempted infliction of physical injury
20to another person may be subject to suspension, but not expulsion,
21pursuant to this section, except that a pupil who has been adjudged
22by a juvenile court to have committed, as an aider and abettor, a
23crime of physical violence in which the victim suffered great bodily
24injury or serious bodily injury shall be subject to discipline pursuant
25to subdivision (a).

26(u) As used in this section, “school property” includes, but is
27not limited to, electronic files and databases.

28(v) For a pupil subject to discipline under this section, a
29superintendent of the school district or principal may use his or
30her discretion to provide alternatives to suspension or expulsion
31that are age appropriate and designed to address and correct the
32pupil’s specific misbehavior as specified in Section 48900.5.

33(w) It is the intent of the Legislature that alternatives to
34suspension or expulsion be imposed against a pupil who is truant,
35tardy, or otherwise absent from school activities.

36begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
37Section 48900 of the Education Code proposed by both this bill
38and Assembly Bill 2536. It shall only become operative if (1) both
39bills are enacted and become effective on or before January 1,
402017, (2) each bill amends Section 48900 of the Education Code,
P11   1and (3) this bill is enacted after Assembly Bill 2536, in which case
2Section 1 of this bill shall not become operative.

end insert


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