SB 1411,
as amended, Runner. Pupilbegin delete discipline: suspensions and expulsions: bullying: investigations: notifications.end deletebegin insert safety: notification: pupil victimization reporting.end insert
Existing law, the Interagency School Safety Demonstration Act of 1985, requires school districts and county offices of education to be responsible for the overall development of comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. The act establishes the School/Law Enforcement Partnership, comprised of the Superintendent of Public Instruction and the Attorney General, whose duties include, among others, the development of programs and policies necessary to implement the provisions of the Education Code relating to school safety plans.begin delete 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 or willfully using force or violence upon the person of another unless in self-defense. For a pupil subject to such discipline, existing law authorizes a superintendent of the school district or principal to use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior.end delete
This bill wouldbegin delete authorize the Superintendent to investigate complaints of bullying or other cases of pupil victimization at his or her discretion, and would authorize the Superintendent to share that information with state or local law enforcement agencies. The bill also would, by no later than January 1, 2018,end delete
require the principal of each publicbegin delete schoolend deletebegin insert school, by no later than January 1, 2018,end insert to ensure that a conspicuous notice, as specified and relating to pupil victimization reporting, that is accessible to all pupils is posted in a common area of the school. By imposing additional duties on school officials, the bill would impose a state-mandated local program.begin delete The bill also would specifically prohibit a pupil from being suspended, recommended for expulsion, or otherwise punished if the pupil only responded with reasonable force to an unjustified physical attack upon himself or herself, or upon another pupil.end delete
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 32261.5 is added to the Education Code,
2to read:
(a) The Superintendent may investigate complaints
4of bullying or other cases of pupil victimization at his or her
5discretion, and may share that information with state or local law
6enforcement agencies.
7(b)
The principal of each public school shall, by no later
9than January 1, 2018, ensure that a conspicuous notice that is
10accessible to all pupils is posted in a common area of the school,
11as follows:
10 12(1)
end delete
P3 1begin insert(a)end insert The first line of the notice shall include only the words
2“Respect for All.”
12 3(2)
end delete
4begin insert(b)end insert Under the first line of the notice there shall bebegin delete fiveend deletebegin insert fourend insert
5 bulleted notifications, as follows:
14 6(A)
end delete
7begin insert(1)end insert “All students are entitled to a fear-free learning
8environment.”
16 9(B)
end delete
10begin insert(2)end insert “Any student who has been the victim of discrimination,
11harassment, intimidation, bullying, or cyberbullying by another
12student should report the incident to a teacher or other school
13employee.”
3 14(C)
end delete
15begin insert(3)end insert “A student, parent, teacher, or other concerned party may
16report incidents of bullying or other cases of student victimization
17to thebegin delete Superintendent of Public Instruction.”end deletebegin insert
district superintendent
18of schools or the county superintendent of schools.”end insert
19(D) “The Superintendent of Public Instruction has the authority
20to investigate complaints of bullying or other cases of student
21victimization at his or her discretion, and may share that
22information with state or local law enforcement agencies.
10 23(E)
end delete
24begin insert(4)end insert “A student found to have
threatened, intimidated, or bullied
25another student may be subject to suspension or recommended for
26expulsion pursuant to Section 48900 of the Education Code, or to
27criminal prosecution.”
Section 48901.3 is added to the Education Code, to
29read:
Notwithstanding any other provision of this article,
31a pupil who only responds with reasonable force to an unjustified
32physical attack upon himself or herself, or upon another pupil,
33shall not be suspended or recommended for expulsion pursuant to
34Section 48900 or otherwise punished pursuant to this article.
If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P4 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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