BILL NUMBER: AB 29 CHAPTERED 09/08/00 CHAPTER 345 FILED WITH SECRETARY OF STATE SEPTEMBER 8, 2000 APPROVED BY GOVERNOR SEPTEMBER 7, 2000 PASSED THE ASSEMBLY AUGUST 24, 2000 PASSED THE SENATE AUGUST 23, 2000 AMENDED IN SENATE AUGUST 18, 2000 AMENDED IN SENATE JUNE 27, 2000 AMENDED IN SENATE JUNE 20, 2000 AMENDED IN ASSEMBLY JANUARY 12, 2000 AMENDED IN ASSEMBLY JANUARY 3, 2000 AMENDED IN ASSEMBLY MARCH 23, 1999 AMENDED IN ASSEMBLY MARCH 11, 1999 INTRODUCED BY Assembly Member Robert Pacheco (Principal coauthor: Senator Knight) (Coauthor: Assembly Member Zettel) DECEMBER 7, 1998 An act to amend Sections 48201 and 49079 of the Education Code, relating to pupils. LEGISLATIVE COUNSEL'S DIGEST AB 29, Robert Pacheco. Pupils: suspension and expulsion. (1) Existing law requires the parent, guardian, or other person having control or charge of any minor between the ages of 6 and 16 years who removes the minor from any city, city and county, or school district before the completion of the current school term, to enroll the minor in a public full-time day school of the city, city and county, or school district to which the minor is removed. This bill would require a school district into which a pupil is transferring to request that the school district in which the pupil was last enrolled provide any records regarding acts committed by the transferring pupil that resulted in the pupil's suspension from school or expulsion from the school district. The bill would require the school district into which the pupil is transferring to inform any teacher of the pupil that the pupil was suspended from school or expelled from the school district in which the pupil was last enrolled and the act which resulted in that action. By requiring a school district to take these actions, the bill would impose a state-mandated local program. The bill would make a school district, school district officer, and school district employee civilly and criminally immune for providing information in compliance with this requirement unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false or that the information was provided with a reckless disregard for its truth or falsity. The bill would require that information received by a teacher be received in confidence and would prohibit the teacher from further disseminating the information. (2) Existing law requires a school district to inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, certain acts for which the pupil may be suspended or expelled that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. Existing law makes a school district, school district officer, and school district employee civilly and criminally immune for providing this information unless it is proven that the information was false and that the district or district officer or employee knew the information was false or that the information was provided with a reckless disregard for its truth or falsity. This bill would add sexual harrassment, hate violence, terroristic threats, and certain acts of harrassment, threats, or intimidation to those for which a school district is required to provide information, thereby imposing a state-mandated local program. This bill would also exempt a school district, school district officer, and a school district employee from civil and criminal immunity if the information was false and the district, officer or employee should have known that the information provided was false. (3) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 48201 of the Education Code is amended to read: 48201. (a) Except for pupils exempt from compulsory school attendance under Section 48231, any parent, guardian, or other person having control or charge of any minor between the ages of 6 and 16 years who removes the minor from any city, city and county, or school district before the completion of the current school term, shall enroll the minor in a public full-time day school of the city, city and county, or school district to which the minor is removed. (b) (1) Upon a pupil's transfer from one school district to another, the school district into which the pupil is transferring shall request that the school district in which the pupil was last enrolled provide any records that the district maintains in its ordinary course of business or receives from a law enforcement agency regarding acts committed by the transferring pupil that resulted in the pupil's suspension from school or expulsion from the school district. Upon receipt of this information, the receiving school district shall inform any teacher of the pupil that the pupil was suspended from school or expelled from the school district and shall inform the teacher of the act that resulted in that action. (2) A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this subdivision unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false or the information was provided with a reckless disregard for its truth or falsity. (3) Any information received by a teacher pursuant to this subdivision shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher. SEC. 2. Section 49079 of the Education Code is amended to read: 49079. (a) A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section. (b) A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity. (c) An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both. (d) For the 1994-95 school year, the information provided shall be from the previous two school years. For the 1996-97 school year and each school year thereafter, the information provided shall be from the previous three school years. (e) Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher. SEC. 3. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.