BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 2242
AUTHOR: Dickinson
AMENDED: May 25, 2012
FISCAL COMM: No HEARING DATE: July 3, 2012
URGENCY: No CONSULTANT:Lynn Lorber
NOTE : This bill was previously heard by this Committee on
June 27, 2012, and failed passage by a vote of 5-3. The bill
was granted reconsideration.
SUBJECT : Suspension and expulsion.
SUMMARY
This bill prohibits pupils who are found to have disrupted
school activities or otherwise willfully defied the authority
of school officials from being subject to extended
suspension, or recommended for expulsion.
BACKGROUND
Current law prohibits a pupil from being suspended or
recommended for expulsion unless the principal of the school
determines that the pupil has committed certain acts, and
gives schools the discretion to take action for most
offenses. (Education Code � 48900)
Discretion to suspend
Schools may suspend a pupil for violating any number of acts,
some of which include:
1) Attempting to cause or threatening to cause physical
injury to another person. (Expulsion must be
recommended for causing serious physical injury.) (EC �
48915))
2) Being under the influence of a controlled substance.
(Expulsion must be recommended for possession or the
sale of controlled substances.) (EC � 48915)
3) Caused or attempted to cause damage to school property.
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4) Possessed or used tobacco.
5) Committed an obscene act or engaged in habitual
profanity or vulgarity.
6) Possessed, offered, arranged or negotiated to sell drug
paraphernalia.
7) Engaged in, or attempted to engage in, hazing.
8) Disrupting school activities or otherwise willfully
defying the valid authority of supervisor, teachers,
administrators, school officials, or other school
personnel engaged in the performance of their duties.
9) Engaged in an act of bullying. (EC � 48900, � 48900.2,
� 48900.3,
� 48900.4, � 48900.7)
Pupils may be suspended for a first offense if the school
principal determines that the pupil committed certain acts or
that pupil's presence causes a danger to persons or property
or threatens to disrupt the instructional process or the
pupil committed certain acts. (EC � 48900.5)
Subjective decision expel
School may expel pupils for various offenses, including
disruption and defiance, upon finding either of the
following:
1) Other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
2) Due to the nature of the violation, the presence of the
pupil causes a continuing danger to the physical safety
of the pupil or others.
(EC � 48915(e))
Mandatory suspension and recommended expulsion
School principals are required to immediately suspend, and
recommend expulsion of, a pupil who has committed any of the
following acts at school or a school activity off school
grounds:
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1) Possessing, selling, or furnishing a firearm. (This is
consistent with the federal Gun-Free Schools Act.)
2) Brandishing a knife at another person.
3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault.
5) Possession of an explosive. (EC � 48915(c))
Prior to suspension
Current law states that suspension shall be imposed only when
other means of correction fail to bring about proper conduct.
(EC � 48900.5)
Suspension by the principal must be preceded by an informal
conference between the principal, pupil and whenever
practicable, the teacher, supervisor or school employee who
referred the pupil to the principal. School principals may
suspend a pupil without first holding an informal conference
with the pupil if an emergency situation exists. A school
employee is required to make a reasonable effort to contact
the pupil's parents at the time of suspension; however,
whenever a pupil is suspended from school (as opposed to
suspension from a class) the parent must be notified in
writing. (EC � 48911)
Decision to suspend
The governing board of a school district is required, unless
a request has been made to the contrary, to hold closed
sessions if the board is considering suspending or taking
other disciplinary action (other than expulsion) if a public
hearing would lead to the release of confidential
information. School districts are required to notify, in
writing, the pupil and the pupil's parent of the intent to
call and hold a closed session. (EC � 48912)
Alternatives to out-of-school suspension
School district superintendents and school principals are
authorized to use discretion to provide alternatives to
suspension or expulsion, including counseling and an anger
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management program. (EC � 48900(v))
School principals are authorized to assign a suspended pupil
to a supervised suspension classroom for the entire period of
suspension if the pupil poses no imminent danger or threat to
the campus, pupils, or staff, or if an action to expel the
pupil has not been initiated. (EC � 48911.1)
Current law states that schools should consider implementing
at least one of the following if the number of pupils
suspended during the prior school year exceeded 30% of the
school's enrollment:
1) A supervised suspension program.
2) A progressive discipline approach during the schoolday
on campus (as an alternative to off-campus suspension),
using any of the following activities:
a) Conferences between the school staff, parents
and pupils.
b) Referral to the school counselor,
psychologist, child welfare attendance personnel,
or other school support service staff.
c) Detention.
d) Study teams, guidance teams, resource panel
teams, or other assessment-related teams. (EC �
48911.2)
Teachers may suspend pupils from class for the day and the
following day. If the pupil is to remain on campus during
that suspension, the pupil must be under appropriate
supervision. Teachers must ask the parent to attend a
parent-teacher
conference regarding the suspension. Pupils are prohibited
from returning to the class from which he or she was
suspended, during the period of the suspension, without the
concurrence of the teacher and principal. (EC � 48910)
Schools are authorized to require a pupil to perform
community service as part of or instead of suspension or
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expulsion for most offenses. (EC � 48900.6)
Missed assignments
The teacher of any class from which a pupil is suspended is
authorized to require the pupil to complete any assignments
and tests missed during the suspension. (EC � 48913)
Number of days of suspension
The number of days that a pupil may be suspended from school
is capped at five consecutive schooldays. (EC � 48911)
With some exception, the total number of days for which a
pupil may be suspended is capped at 20 schooldays per school
year, unless the pupil enrolls in or is transferred to
another regular school, an opportunity school or a
continuation school, in which case the cap is 30 schooldays
per school year. School districts are authorized to count
suspensions that occur while a pupil is enrolled in another
school district toward the maximum numbers of days for which
a pupil may be suspended in any school year. (EC � 48903)
In cases where expulsion from any school or suspension for
the remainder of the semester from continuation schools is
being processed by a school district, the district
superintendent may extend the suspension until the governing
board has rendered a decision. (EC � 48911(g))
Length of expulsion .
School district governing boards are required to set a date,
not later than the last day of the semester following the
semester in which the expulsion occurred, when the pupil
shall be reviewed for readmission to a school within the
district or the school the pupil last attended. (EC �
48916(a))
School district governing boards are required to set a date
of one year from the date the expulsion occurred for a pupil
who has been expelled for:
1) Possessing, selling, or furnishing a firearm.
2) Brandishing a knife at another person.
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3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault.
5) Possession of an explosive. (EC � 48916(a))
Pupils with exceptional needs
Schools are authorized to suspend or expel an individual with
exceptional needs in accordance with federal law. If a pupil
with an individualized education program (IEP) exhibits
behavior problems, the IEP team must make a determination if
the behavior is a manifestation of the disability and whether
the strategies in the IEP are effective to address the
behavior. If it is determined that the IEP is ineffective, a
functional analysis is then amended to include a behavior
intervention plan. (EC � 48915.5, � 56523, and California
Code of Regulations Title 5, � 3052)
ANALYSIS
This bill prohibits pupils who are found to have disrupted
school activities or otherwise willfully defied the authority
of school officials from being subject to extended
suspension, or recommended for expulsion. Specifically, this
bill:
1) Prohibits pupils who have been determined to have
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
from being subject to an extended suspension,
recommended for expulsion, or expelled.
2) Specifically authorizes pupils who have been determined
to have 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 to be subject to, in addition to suspension:
a) Other means of correction pursuant to current
law.
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b) Community service during non-school hours.
c) In-school suspension in a supervised
suspension classroom.
3) Moves provisions related to the discipline of pupils who
have been determined to have disrupted school activities
or willfully defied school authority from the general
authority to suspension or expel for certain acts to a
new section of the Education Code located near
provisions related to in-school suspension and other
alternatives to off-campus suspension.
4) Deletes the following obsolete definitions in provisions
related to the suspension and expulsion of pupils
attending the California School for the Blind and the
California Schools for the Deaf:
a) "Local educational agency."
b) "A change in placement."
c) "Individualized education program team."
STAFF COMMENTS
1) Need for the bill . According to the author, "Existing
law provides that students can be suspended, expelled or
given an extended suspension (more than five days in
preparation for expulsion) from a school district for
willful defiance, defined simply as disrupting school
activities or otherwise willfully defying the valid
authority of school staff. This offense is only one of
the more than 24 offenses for which suspensions and
expulsion are permissible or mandatory. According to
unofficial data obtained from the California Department
of Education, it is estimated that 'willful defiance'
was identified as the most severe grounds for 42% of all
suspensions in 2010-11 and as much as 12% of all
expulsions. Under this subjective category, students
are sent home for extended periods of time, often
without instruction, and expelled from their school
district and denied valuable learning time for anything
from failing to turn in homework, not paying attention,
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refusing to follow directions, taking off a coat or hat,
or swearing in class."
2) Discretion . This bill removes the discretion of schools
to impose an extended suspension or recommend expulsion
of a pupil who has been found to have disrupted school
activities or otherwise willfully defied the authority
of school officials. Schools would continue to have the
authority to suspend a pupil for disruption or willful
defiance.
Prior versions of this bill prohibited out-of-school
suspension for disruption or defiance but was amended to
reduce costs (of in-school suspension or alternative
means of correction). While it is desirable to keep
pupils in school and truly addressing the problem
behavior, requiring in-school suspension or other means
of correction would nevertheless impose costs that
schools are unlikely to be able to absorb at this time.
Does allowing suspension but prohibiting extended suspensions
and expulsion for disruption or willful defiance provide
sufficient discretion to schools? Does allowing
suspension for disruption or defiance provide too much
discretion? Is this a reasonable compromise between
prohibiting suspension and allowing suspension but
prohibiting expulsion?
3) Capacity . Implementation of alternative means of
correction could include the need for staff training,
school counselors and psychologists, staff to supervise
pupils who serve in-school suspensions, and classrooms
to house pupils who serve in-school suspensions. This
bill does not require schools to use alternative means
of correction.
4) Los Angeles Unified School District . On October 11,
2011, it was announced that the Los Angeles Unified
School District (LAUSD) entered into a voluntary
agreement with the federal Department of Education's
Office of Civil Rights. Under the agreement, LAUSD will
revamp its entire program for English learners and
accelerate its efforts focused on closing the
achievement and opportunity gap for African-American
pupils. As part of the agreement, LAUSD is to take
steps to report disparate discipline rates, and
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eliminate inequitable and disproportionate discipline
practices.
5) Technical amendments . Staff recommends amendments to:
a) Clarify that schools retain the authority to
suspend a pupil for disruption or willful defiance.
(On page 7, line 3, strike "reasons" and insert
"means of correction")
b) Move the new section regarding disruption and
willful defiance to a section that is close to the
other provisions in the Education Code relative to
acts for which pupils may be suspended. (Move
language from section 48911.3 to section 48900.4,
and reinstate cross references to 48900.4 in other
sections of bill).
6) Related legislation . SB 1088 (Price) requires school
districts to conduct a second review for the readmission
of pupils who have been expelled and denied readmission,
and prohibits school from denying enrollment or
readmission to pupils solely on the basis that he or she
has had contact with the juvenile justice system. SB
1088 is pending in the Assembly Appropriations
Committee.
SB 1235 (Steinberg) requires schools that have suspended more
than 25% of the school's enrollment or more than 25% of
any numerically significant racial or ethnic subgroup of
the school's enrollment in the prior school year to
implement, for at least three years, at least one
specified strategies to reduce the suspension rate or
disproportionality. SB 1235 is pending in the Assembly
Appropriations Committee.
AB 1729 (Ammiano) removes some discretion for suspension upon
a first offense and authorizes the use and documentation
of other means of correction. AB 1729 failed passage in
this Committee on June 27, on a 5-3 vote, and is
scheduled to be heard on reconsideration by this
Committee on July 3.
AB 1732 (Campos) identifies conduct that would constitute a
post on a social media website, relative to
cyberbullying. AB 1732 is pending on the Senate Floor.
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AB 1909 (Ammiano) requires schools to notify a foster youth's
attorney and representative of the county child welfare
agency of pending expulsion or other disciplinary
proceedings. AB 1909 is scheduled to be heard by the
Senate Human Services Committee on July 2, 2012.
AB 2032 (Mendoza) requires charter schools to be subject to
the same suspension and expulsion provisions as other
public schools. AB 2032 was held on the Assembly
Appropriations Committee's suspense file.
AB 2145 (Alejo) requires the California Department of
Education to disaggregate and report data related to
referrals to a school attendance
review board and post disaggregated expulsion and
suspension data on its website, and requires schools
districts to maintain data relative to expended
suspensions. AB 2145 is pending in the Senate
Appropriations Committee.
AB 2300 (Swanson) requires school districts to expunge
from a pupil's records a suspension for certain acts if
the pupil completes five hours of community service. AB
2300 was held on the Assembly Appropriations Committee's
suspense file.
AB 2537 (V. Manuel Perez) grants discretion to school
principals to make a determination of the
appropriateness of the expulsion of a pupil who has
unlawfully sold a controlled substance, and makes other
changes relative to mandatory expulsions. AB 2537
failed passage in this Committee on June 27, on a 4-3
vote, and is scheduled to be heard on reconsideration by
this Committee on July 3.
AB 2616 (Carter) creates a new option for the first time
a truancy report is issued, shifts the existing
consequences for the first truancy to the second
truancy, and eliminates the mandate that a pupil found
truant for the fourth time in one school year be
referred to the juvenile court. AB 2616 is pending in
the Senate Appropriations Committee.
SUPPORT
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American Civil Liberties Union
Black Organizing Project
Black Parallel School Board
California Association for Parent-Child Advocacy
California Rural Legal Assistance Foundation
California State Conference of the National Association for
the Advancement of
Colored People
California State PTA
Center on Juvenile & Criminal Justice
Children Now
Children's Defense Fund
Community Asset Development Re-defining Education
Community Coalition
Congregations Building Community
Disability Rights Education & Defense Fund
Disability Rights Legal Center
Fight Crime: Invest in Kids
Gay-Straight Alliance Network
InnerCity Struggle
Labor/Community Strategy Center
Legal Advocates for Children & Youth
Legal Services for Children
Los Angeles Area Chamber of Commerce
Los Angeles Unified School District
Mexican American Legal Defense and Educational Fund
National Center for Youth Law
Northern California Association of Counsel for Children
Oakland Unified School District
PICO California
PolicyLink
Public Counsel
Restorative Schools Vision Project
Youth and Education Law Project, Mills Legal Clinic
Youth Justice Coalition
Youth Law Center
OPPOSITION
Association of California School Administrators
California County Superintendents Educational Services
Association
California School Boards Association
Riverside County School Superintendents' Association
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