BILL NUMBER: AB 2537 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 16, 2012
AMENDED IN ASSEMBLY MAY 1, 2012
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 amended, V. Manuel Pérez. Pupil discipline:
suspensions and expulsions.
(1) Existing
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 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
for those specified acts 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 possessing
an explosive. Existing law specifies other acts for which the
principal or superintendent of schools is required to recommend
expulsion of a pupil, unless he or she determines that expulsion is
inappropriate, but for which the governing board of the school
district has discretion as to whether to order the expulsion of the
pupil.
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, sold,
or otherwise furnished a firearm, possessed an explosive, subject to
specified exceptions, committed or attempted to commit a sexual
assault, or committed a sexual battery at school or at a school
activity off school grounds. The bill would include the acts of
brandishing a knife at another person with the intent to harm that
person and unlawfully selling a controlled substance, with certain
exceptions, among the acts for which the principal or superintendent
of schools would be required to recommend expulsion, except as
specified, but for which the governing board of the school district
would have discretion to order the expulsion of the pupil.
Under existing law, the principal or the superintendent of schools
is required to recommend the expulsion of a pupil for certain 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. These acts include
the unlawful possession of certain controlled substances, except for
the first offense for the possession of marijuana, as specified. For
these acts, the governing board of the school district is
authorized, but not required, to order the expulsion of the pupil.
This bill would instead require the principal or superintendent to
make that recommendation unless he or she determines that expulsion
should not be recommended under the circumstances or that an
alternative means of correction would address the conduct. The bill
would encourage the principal or superintendent of schools to make
that determination as quickly as possible to ensure that the pupil
does not lose instructional time. The bill would include the act of
possessing an over-the-counter medication or medication prescribed
for the pupil by a physician as an additional exception to the act of
possessing a controlled substance for purposes of the expulsion
provisions described above.
Under existing law, the principal or superintendent of schools is
required to immediately suspend, and to recommend expulsion of, a
pupil that he or she determines has committed certain acts at school
or at a school activity off school grounds, including the unlawful
selling of certain controlled substances, and the governing board of
the school district is required to order a pupil expelled upon the
finding that the pupil did commit one of these acts.
This bill would include the act of unlawfully selling those
controlled substances among the acts for which the principal or the
superintendent of schools is required to recommend the expulsion of a
pupil, except as specified, but for which the governing board of the
school district is authorized, but not required, to order the
expulsion of the pupil.
This bill would declare the intent of the Legislature that the
acts enumerated in specified provisions form the exclusive bases for
the imposition of suspension or expulsion .
expulsion.
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.
SECTION 1. It is the intent of the Legislature
that the acts enumerated in Article 1 (commencing with Section 48900)
of Chapter 6 of Part 27 of Division 4 of Title 2 of the Education
Code form the exclusive bases for the imposition of suspension or
expulsion.
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 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,
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 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 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 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 ensure that
copies of the special education and disciplinary records of the pupil
are transmitted, as described in paragraph (9) 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) (1) Except as provided in subdivisions (c) and (e),
the principal or the superintendent of schools shall 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 determines that expulsion should not be
recommended under the circumstances or that an alternative means of
correction would address the conduct:
(A) Causing serious physical injury to another person, except in
self-defense.
(B) Possession of any knife or other dangerous object of no
reasonable use to the pupil.
(C) 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 either of the following:
(i) The first offense for the possession of not more than one
avoirdupois ounce of marijuana, other than concentrated cannabis.
(ii) The possession of over-the-counter or prescription
medication for use by the pupil for medical purposes
or medication prescribed for the pupil by a physician .
(D) Unlawfully selling a controlled substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code.
(E) Robbery or extortion.
(F) Assault or battery, as defined in Sections 240 and 242 of the
Penal Code, upon any school employee.
(G) Brandishing a knife at another person with the intent to harm
that person.
(2) If the principal or the superintendent of schools makes a
determination as described in paragraph (1), he or she is encouraged
to do so as quickly as possible to ensure that the pupil does not
lose instructional time.
(b) Upon recommendation by the principal or the 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 a pupil for an act listed
in subparagraph (A), (B), (C), (E), or (F) of paragraph (1) of
subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of
Section 48900 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 of the following acts at school or at a school activity
off school grounds:
(1) Possessing, selling, or otherwise furnishing 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, or to the act of
possessing an imitation firearm, as defined in subdivision (m) of
Section 48900. 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.
(2)
(3) 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.
(3)
( 4) Possession of an explosive.
This subdivision does not apply to an act of possessing a
firecracker. As used in this paragraph, "firecracker" means a device
primarily used to make noise in displays and celebrations, and not as
a weapon.
(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 or the 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 both
either 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.