BILL NUMBER: AB 2537 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 24, 2012
An act to amend Sections 48902 and 48915 of, and to add Section
48900.05 to, the Education Code, relating to pupil discipline.
LEGISLATIVE COUNSEL'S DIGEST
AB 2537, as introduced, V. Manuel Pérez. Pupil discipline:
suspensions and expulsions.
(1) Existing law requires the principal of a school or the
principal's designee to notify the appropriate law enforcement
agencies of the county or city in which the school is situated of
certain unlawful acts committed by a pupil that may result in
suspension, expulsion, or criminal liability of the pupil, as
specified. Existing law provides that a willful failure to make a
report required by these provisions is an infraction punishable by a
fine of not more that $500.
This bill would authorize, rather than require, the principal or
the principal's designee to notify the appropriate law enforcement
agencies under those circumstances, and would delete the provision
making a violation of that reporting requirement an infraction.
(2) Existing law authorizes the governing board of a school
district to expel a pupil upon the recommendation of a principal,
superintendent of schools, or by a hearing officer, as specified, if
it finds that the pupil committed specified acts. Existing law
requires that decision to expel a pupil to be based on a finding that
other means of correction are not feasible or have repeatedly failed
to bring about proper conduct, or due to the nature of the act, the
presence of the pupil will cause a continuing danger to the physical
safety of the pupil or others, or both.
This bill would instead require that the decision to expel a pupil
be based on both of those findings.
(3) Existing law requires the principal or superintendent of
schools to immediately suspend and recommend expulsion of a pupil who
he or she determines has committed certain acts at school or at a
school activity off school grounds, and requires the governing board
of the school district to order the pupil expelled upon finding that
the pupil committed the act. The acts for which a pupil is required
to be immediately suspended and expelled consist of the possessing,
selling, or otherwise furnishing of a firearm, brandishing a knife at
another person, unlawfully selling a controlled substance,
committing or attempting to commit a sexual assault, and possession
of an explosive.
This bill would delete the requirement that the principal or
superintendent of schools immediately suspend a pupil for any of
those acts. The bill would limit the requirement of mandatory
expulsion to pupils who have been determined to have possessed a
firearm or an explosive at school or at a school activity off school
grounds. The bill would authorize, but not require, a principal or
superintendent of schools to make a recommendation for expulsion for
any of the other acts described above.
This bill would declare the intent of the Legislature that these
provisions grant to school districts the discretion to suspend or
expel a pupil for any of the acts enumerated in these provisions,
except as provided.
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 48900.05 is added to the Education Code, to
read:
48900.05. It is the intent of the Legislature that the acts
enumerated in this article form the exclusive bases for the
imposition of suspension or expulsion. The Legislature intends that
this article grant to school districts the discretion to suspend or
expel a pupil for any of the acts enumerated in this article, except
those set forth in subdivision (c) of Section 48915.
SEC. 2. Section 48902 of the Education Code is amended to read:
48902. (a) The principal of a school or the principal's designee
shall, prior to may, before the
suspension or expulsion of any pupil, notify the appropriate law
enforcement authorities of the county or city in which the school is
situated, of any acts of the pupil that may violate Section 245 of
the Penal Code.
(b) The principal of a school or the principal's designee
shall may , within one schoolday after
suspension or expulsion of any pupil, notify, by telephone or any
other appropriate method chosen by the school, the appropriate law
enforcement authorities of the county or the school district in which
the school is situated of any acts of the pupils that may violate
subdivision (c) or (d) of Section 48900.
(c) Notwithstanding subdivision (b), the principal of a school or
the principal's designee shall may
notify the appropriate law enforcement authorities of the county or
city in which the school is located of any acts of a pupil that may
involve the possession or sale of narcotics or of a controlled
substance or a violation of Section 626.9 or 626.10 of the Penal
Code. The principal of a school or the principal's designee
shall may report any act specified in paragraph
(1) or (5) of subdivision (c) of Section 48915 committed by a pupil
or nonpupil on a schoolsite to the city police or county sheriff with
jurisdiction over the school and the school security department or
the school police department, as applicable.
(d) A principal, the principal's designee, or any other person
reporting a known or suspected act described in subdivision (a) or
(b) is not civilly or criminally liable as a result of making any
report authorized by this article unless it can be proven that a
false report was made and that the person knew the report was false
or the report was made with reckless disregard for the truth or
falsity of the report.
(e) The willful failure to make any report required by this
section is an infraction punishable by a fine to be paid by the
principal or principal's designee who is responsible for the failure
of not more than five hundred dollars ($500).
(f)
(e) The principal of a school or the principal's
designee reporting a criminal act committed by a schoolage individual
with exceptional needs, as defined in Section 56026, shall
may ensure that copies of the special education
and disciplinary records of the pupil are transmitted, as described
in paragraph (9) (6) of subsection (k)
of Section 1415 of Title 20 of the United States Code, for
consideration by the appropriate authorities to whom he or she
reports the criminal act. Any copies of the pupil's special education
and disciplinary records may be transmitted only to the extent
permissible under the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
SEC. 3. Section 48915 of the Education Code is amended to read:
48915. (a) Except as provided in subdivisions (c) and (e), the
principal or the superintendent of schools shall
may recommend the expulsion of a pupil for any of the
following acts committed at school or at a school activity off school
grounds , unless the principal or superintendent finds that
expulsion is inappropriate, due to the particular circumstance
:
(1) Causing serious physical injury to another person, except in
self-defense.
(2) Possession of any knife or other dangerous object of no
reasonable use to the pupil.
(3) Unlawful possession of any controlled substance listed in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, except for the first offense for the
possession of not more than one avoirdupois ounce of marijuana, other
than concentrated cannabis.
(4) Unlawfully selling a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
(4)
(5) Robbery or extortion.
(5)
(6) Assault or battery, as defined in Sections 240 and
242 of the Penal Code, upon any school employee.
(7) Brandishing a knife at another person.
(8) Committing or attempting to commit a sexual assault as defined
in subdivision (n) of Section 48900 or committing a sexual battery
as defined in subdivision (n) of Section 48900.
(9) Selling or otherwise furnishing a firearm.
(b) Upon recommendation by the principal, superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon finding that the pupil committed an act
listed in subdivision (a) or in subdivision (a), (b), (c), (d), or
(e) of Section 48900. A decision to expel shall be based on a finding
of one or both 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 act, the presence of the pupil causes
a continuing danger to the physical safety of the pupil or others.
(c) The principal or superintendent of schools shall
immediately suspend, pursuant to Section 48911, and shall
recommend expulsion of a pupil that he or she determines has
committed any either of the following
acts at school or at a school activity off school grounds:
(1) Possessing, selling, or otherwise furnishing
Possession of a firearm. This subdivision does
not apply to an act of possessing a firearm if the pupil had obtained
prior written permission to possess the firearm from a certificated
school employee, which is concurred in by the principal or the
designee of the principal. This subdivision applies to an act of
possessing a firearm only if the possession is verified by an
employee of a school district.
(2) Brandishing a knife at another person.
(3) Unlawfully selling a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
(4) Committing or attempting to commit a sexual assault as defined
in subdivision (n) of Section 48900 or committing a sexual battery
as defined in subdivision (n) of Section 48900.
(5)
(2) Possession of an explosive.
(d) The governing board shall order a pupil expelled upon finding
that the pupil committed an act listed in subdivision (c), and shall
refer that pupil to a program of study that meets all of the
following conditions:
(1) Is appropriately prepared to accommodate pupils who exhibit
discipline problems.
(2) Is not provided at a comprehensive middle, junior, or senior
high school, or at any elementary school.
(3) Is not housed at the schoolsite attended by the pupil at the
time of suspension.
(e) Upon recommendation by the principal, superintendent of
schools, or by a hearing officer or administrative panel appointed
pursuant to subdivision (d) of Section 48918, the governing board may
order a pupil expelled upon finding that the pupil, at school or at
a school activity off of school grounds violated subdivision (f),
(g), (h), (i), (j), (k), ( l ), or (m) of Section 48900,
or Section 48900.2, 48900.3, or 48900.4, and either
both of the following:
(1) That other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
(2) That 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.
(f) The governing board shall refer a pupil who has been expelled
pursuant to subdivision (b) or (e) to a program of study which meets
all of the conditions specified in subdivision (d). Notwithstanding
this subdivision, with respect to a pupil expelled pursuant to
subdivision (e), if the county superintendent of schools certifies
that an alternative program of study is not available at a site away
from a comprehensive middle, junior, or senior high school, or an
elementary school, and that the only option for placement is at
another comprehensive middle, junior, or senior high school, or
another elementary school, the pupil may be referred to a program of
study that is provided at a comprehensive middle, junior, or senior
high school, or at an elementary school.
(g) As used in this section, "knife" means any dirk, dagger, or
other weapon with a fixed, sharpened blade fitted primarily for
stabbing, a weapon with a blade fitted primarily for stabbing, a
weapon with a blade longer than 31/2 inches, a folding knife with a
blade that locks into place, or a razor with an unguarded blade.
(h) As used in this section, the term "explosive" means
"destructive device" as described in Section 921 of Title 18 of the
United States Code.