BILL NUMBER: AB 2242 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 8, 2012
AMENDED IN SENATE JULY 5, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Dickinson
(Principal coauthor: Assembly Member Alejo)
(Coauthors: Assembly Members Ammiano, Perea, and Swanson)
FEBRUARY 24, 2012
An act to amend Section 48900 of, and to repeal and add Section
48900.4 of, the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2242, as amended, Dickinson. Pupils: grounds for suspension and
expulsion.
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. Existing law also
authorizes the assignment of a pupil suspended from a school to a
supervised suspension classroom under certain conditions.
Under existing law, the acts for which a pupil may be suspended or
recommended for expulsion include, but are not limited to,
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. These acts also include, for a pupil enrolled in any of
grades 4 to 12, inclusive, intentionally engaging in harassment,
threats, or intimidation, directed against school district personnel
or pupils, that is sufficiently severe or pervasive to have the
actual and reasonably expected effect of materially disrupting
classwork, creating substantial disorder, and invading the rights of
either school personnel or pupils by creating an intimidating or
hostile educational environment.
This bill would provide that, if the superintendent of the school
district or the principal of the school in which a pupil is enrolled
determines that a pupil has disrupted school activities or otherwise
willfully defied the valid authority of supervisors, teachers,
administrators, school officials, or other school personnel engaged
in the performance of their duties, the pupil may be subject to other
means of correction, community service during nonschool hours, or
in-school suspension in a supervised suspension classroom, but not to
an extended suspension, recommendation for expulsion, or expulsion.
The bill would move the language relating to a pupil enrolled in
any of grades 4 to 12, inclusive, intentionally engaging in
harassment, threats, or intimidation, directed against school
district personnel or pupils, to another code section in place of the
language relating to a pupil disrupting school activities or
otherwise willfully defying valid authority. The bill would also make
conforming and nonsubstantive changes.
This bill would incorporate additional changes to Section 48900 of
the Education Code proposed by AB 1729 that would become operative
if this bill and AB 1729 are enacted, and this bill is enacted last.
This bill would also incorporate changes to that section proposed by
AB 1732, which has been chaptered.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48900 of the Education Code , as
amended by Section 6 of Chapter 732 of the Statutes of 2011,
is amended to read:
48900. A pupil shall not be 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 an act as defined pursuant to any of
subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, a controlled substance listed in Chapter
2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and either sold, delivered,
or otherwise furnished to a person another liquid, substance, or
material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or
private property.
(g) Stole or attempted to steal school property or private
property.
(h) Possessed or used tobacco, or products containing tobacco or
nicotine products, including, but not limited to, cigarettes, cigars,
miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or
possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell drug paraphernalia, as defined in Section 11014.5
of the Health and Safety Code.
(k) For a pupil enrolled in any of grades 4 to 12, inclusive,
intentionally engaged in harassment, threats, or intimidation,
directed against school district personnel or pupils, that is
sufficiently severe or pervasive to have the actual and reasonably
expected result of creating substantial disorder, and invading the
rights of either school personnel or pupils by creating an
intimidating or hostile educational environment.
( l ) Knowingly received stolen school property or
private property.
(m) Possessed an imitation firearm. As used in this section,
"imitation firearm" means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
(n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary proceeding
for the purpose purposes of either
preventing that pupil from being a witness or retaliating against
that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this
subdivision, the following terms have the following meanings:
(1) "Bullying" means any severe or pervasive physical or verbal
act or conduct, including communications made in writing or by means
of an electronic act, and including one or more acts committed by a
pupil or group of pupils as described in subdivision (k) or in
Section 48900.2, 48900.3, or 48900.4, directed toward one or more
pupils that has or can be reasonably predicted to have the effect of
one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that
pupil's or those pupils' person or property.
(B) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or benefit
from the services, activities, or privileges provided by a school.
(2) (A) "Electronic act" means the
transmission of a communication, including, but not limited to, a
message, text, sound, or image, or a post on a social network
Internet Web site transmission , by means of an
electronic device, including, but not limited to, a telephone,
wireless telephone , or other wireless communication
device, computer, or pager. pager, of a
communication, including, but not limited to, any of the following:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site, including, but
not limited to:
(I) Posting to or creating a burn page. "Burn page" means an
Internet Web site created for the purpose of having one or more of
the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for
the purpose of having one or more of the effects listed in paragraph
(1). "Credible impersonation" means to knowingly and without consent
impersonate a pupil for the purpose of bullying the pupil and such
that another pupil would reasonably believe, or has reasonably
believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or
more of the effects listed in paragraph (1). "False profile" means a
profile of a fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who created the
false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an
electronic act shall not constitute pervasive conduct solely on the
basis that it has been transmitted on the Internet or is currently
posted on the Internet.
(3) "Reasonable pupil" means a pupil, including, but not limited
to, an exceptional needs pupil, who exercises average care, skill,
and judgment in conduct for a person of his or her age, or for a
person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section , unless that
the act is related to school activity or school
attendance occurring within a school under the jurisdiction of the
superintendent of the school district or principal or occurring
within any other school district. A pupil may be suspended or
expelled for acts that are enumerated in this section and related to
a school activity or school attendance that
occur at any time, including, but not limited to, any of the
following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored
activity.
(t) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline
pursuant to subdivision (a).
(u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(v) A superintendent of the school district or principal may use
his or her discretion to provide alternatives to suspension or
expulsion, including, but not limited to, counseling and an anger
management program, for a pupil subject to discipline under this
section.
(w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.
SEC. 1.5. Section 48900 of the
Education Code is amended to read:
48900. A pupil shall not be 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 an act as defined pursuant to
any of subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, a controlled substance listed in Chapter
2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and either sold, delivered,
or otherwise furnished to a person another liquid, substance, or
material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or
private property.
(g) Stolen Stole or attempted to
steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or
nicotine products, including, but not limited to, cigarettes, cigars,
miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew
packets, and betel. However, this section does not prohibit use or
possession by a pupil of his or her own prescription products.
(i) Committed an obscene act or engaged in habitual profanity or
vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or
negotiated to sell drug paraphernalia, as defined in Section 11014.5
of the Health and Safety Code.
(k) Disrupted school activities or otherwise willfully defied the
valid authority of supervisors, teachers, administrators, school
officials, or other school personnel engaged in the performance of
their duties.
(k) For a pupil enrolled in any of grades 4 to 12, inclusive,
intentionally engaged in harassment, threats, or intimidation,
directed against school district personnel or pupils, that is
sufficiently severe or pervasive to have the actual and reasonably
expected result of creating substantial disorder, and invading the
rights of either school personnel or pupils by creating an
intimidating or hostile educational environment.
( l ) Knowingly received stolen school property or
private property.
(m) Possessed an imitation firearm. As used in this section,
"imitation firearm" means a replica of a firearm that is so
substantially similar in physical properties to an existing firearm
as to lead a reasonable person to conclude that the replica is a
firearm.
(n) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary proceeding
for the purpose purposes of either
preventing that pupil from being a witness or retaliating against
that pupil for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or
sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of
this subdivision, "hazing" means a method of initiation or
preinitiation into a pupil organization or body, whether or not the
organization or body is officially recognized by an educational
institution, which is likely to cause serious bodily injury or
personal degradation or disgrace resulting in physical or mental harm
to a former, current, or prospective pupil. For purposes of this
subdivision, "hazing" does not include athletic events or
school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this
subdivision, the following terms have the following meanings:
(1) "Bullying" means any severe or pervasive physical or verbal
act or conduct, including communications made in writing or by means
of an electronic act, and including one or more acts committed by a
pupil or group of pupils as defined in
described in subdivision (k) or in Section 48900.2, 48900.3, or
48900.4, directed toward one or more pupils that has or can be
reasonably predicted to have the effect of one or more of the
following:
(A) Placing a reasonable pupil or pupils in fear of harm to that
pupil's or those pupils' person or property.
(B) Causing a reasonable pupil to experience a substantially
detrimental effect on his or her physical or mental health.
(C) Causing a reasonable pupil to experience substantial
interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial
interference with his or her ability to participate in or benefit
from the services, activities, or privileges provided by a school.
(2) (A) "Electronic act" means the
transmission of a communication, including, but not limited to, a
message, text, sound, or image, or a post on a social network
Internet Web site transmission , by means of an
electronic device, including, but not limited to, a telephone,
wireless telephone , or other wireless communication
device, computer, or pager. pager, of a
communication, including, but not limited to, any of the following:
(i) A message, text, sound, or image.
(ii) A post on a social network Internet Web site, including, but
not limited to:
(I) Posting to or creating a burn page. "Burn page" means an
Internet Web site created for the purpose of having one or more of
the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for
the purpose of having one or more of the effects listed in paragraph
(1). "Credible impersonation" means to knowingly and without consent
impersonate a pupil for the purpose of bullying the pupil and such
that another pupil would reasonably believe, or has reasonably
believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or
more of the effects listed in paragraph (1). "False profile" means a
profile of a fictitious pupil or a profile using the likeness or
attributes of an actual pupil other than the pupil who created the
false profile.
(B) Notwithstanding paragraph (1) and subparagraph (A), an
electronic act shall not constitute pervasive conduct solely on the
basis that it has been transmitted on the Internet or is currently
posted on the Internet.
(3) "Reasonable pupil" means a pupil, including, but not limited
to, an exceptional needs pupil, who exercises average care, skill,
and judgment in conduct for a person of his or her age, or for a
person of his or her age with his or her exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section , unless that
the act is related to school activity or school
attendance occurring within a school under the jurisdiction of the
superintendent of the school district or principal or occurring
within any other school district. A pupil may be suspended or
expelled for acts that are enumerated in this section and related to
a school activity or school attendance that
occur at any time, including, but not limited to, any of the
following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school-sponsored
activity.
(t) A pupil who aids or abets, as defined in Section 31 of the
Penal Code, the infliction or attempted infliction of physical injury
to another person may be subject to suspension, but not expulsion,
pursuant to this section, except that a pupil who has been adjudged
by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily
injury or serious bodily injury shall be subject to discipline
pursuant to subdivision (a).
(u) As used in this section, "school property" includes, but is
not limited to, electronic files and databases.
(v) A For a pupil subject to discipline
under this section, a superintendent of the school district or
principal may use his or her discretion to provide alternatives to
suspension or expulsion , including, but not limited to,
counseling and an anger management program, for a pupil subject to
discipline under this section that are age appropriate
and designed to address and correct the pupil's specific misbehavior
as specified in Section 48900.5 .
(w) It is the intent of the Legislature that alternatives to
suspension or expulsion be imposed against a pupil who is truant,
tardy, or otherwise absent from school activities.
SEC. 2. Section 48900.4 of the Education Code is repealed.
SEC. 3. Section 48900.4 is added to the Education Code, to read:
48900.4. In addition to the means of correction specified in
Section 48900, a pupil may be subject to other means of correction,
as described in Section 48900.5, community service during nonschool
hours, as described in Section 48900.6, or in-school suspension in a
supervised suspension classroom pursuant to Section 48911.1, but may
not be subject to an extended suspension, or recommended for
expulsion, or expelled, pursuant to subdivision (g) of Section 48911
and Sections 48915 to 48927, inclusive, if the superintendent of the
school district or principal of the school in which the pupil is
enrolled determines that the pupil has disrupted school activities or
otherwise willfully defied the valid authority of supervisors,
teachers, administrators, school officials, or other school personnel
engaged in the performance of their duties.
SEC. 4. Section 1.5 of this bill incorporates
amendments to Section 48900 of the Education Code proposed by both
this bill and Assembly Bill 1729. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2013, (2) each bill amends Section 48900 of the Education Code,
and (3) this bill is enacted after Assembly Bill 1729, in which case
Section 1 of this bill shall not become operative.