BILL ANALYSIS Ó
AB 2537
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2537 (V. Manuel Perez) - As Amended: May 1, 2012
SUBJECT : Pupil discipline: suspensions and expulsions
SUMMARY : Makes changes to the provisions on mandatory expulsion
and strikes a fine to be paid by a principal or a principal's
designee for failure to notify appropriate law enforcement
authorities of specified acts committed by pupils.
Specifically, this bill :
1)Expresses the intent of the Legislature that the acts
enumerated in the sections of law dealing with suspensions and
expulsions form the exclusive bases for the imposition of
suspension and expulsion.
2)Deletes the provision specifying that willful failure of a
principal or the principal's designee to make any required
report to local law enforcement agencies is an infraction
punishable by a fine of $500.
3)Revises the provision requiring a principal or superintendent
of schools to recommend expulsion of a pupil for committing
specified acts as follows:
a) Strikes the exception to mandatory expulsion if the
principal or superintendent finds that expulsion is
inappropriate due to the particular circumstance and
instead authorizes a principal or superintendent to not
recommend expulsion if he or she determines that expulsion
should not be recommended under the circumstances or that
an alternative means of correction would address the
conduct.
b) Specifies that unlawful possession of any controlled
substance does not include the possession of
over-the-counter or prescription medication.
c) Specifies that if the principal or superintendent makes
a determination to recommend expulsion that he or she is
encouraged to do so as quickly as possible to ensure that
the pupil does not lose instructional time.
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4)Makes the following changes to the provision requiring a
principal or superintendent to immediately suspend and
recommend expulsion of a pupil committing specified acts:
a) Strikes the requirement that the principal or
superintendent immediately suspend the pupil.
b) Specifies that possessing, selling or otherwise
furnishing a firearm does not include the possession of an
imitation firearm.
c) Strikes the requirement to immediately suspend and
recommend expulsion for brandishing a knife at another
person and instead requires expulsion but authorizes a
principal or superintendent to not recommend expulsion if
he or she determines that expulsion should not be
recommended under the circumstances or that an alternative
means of correction would address the conduct.
d) Strikes the requirement to immediately suspend and
recommend expulsion for unlawfully selling controlled
substance and instead requires expulsion but authorizes a
principal or superintendent to not recommend expulsion if
he or she determines that expulsion should not be
recommended under the circumstances or that an alternative
means of correction would address the conduct.
e) Specifies that for purposes of the mandatory suspension
and expulsion provision, possession of an explosive does
not include possession of a firecracker. Defines
"firecracker" to mean a device primarily used to make noise
in displays and celebrations and not as a weapon.
5)Specifies that the decision of a local governing board to
expel a pupil who committed specified acts at school or at a
school activity off of school grounds, including damaging
school property; stealing or attempting to steal school
property; possessing or using tobacco; committing an obscene
act or engaging in habitual profanity or vulgarity; unlawfully
possessing or unlawfully offering, arranging or negotiating to
sell drug paraphernalia; disrupting school activities or
otherwise willfully defying school authorities; knowingly
receiving stolen school or private property; possessing an
imitation firearm; engaging in harassment, threats or
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intimidation; engaging in sexual harassment; and cause,
attempting to cause or participating in the act of hate
violence; shall be based on both, rather than one, of the
following:
a) Other means of correction are not feasible or have
repeatedly failed to bring about proper conduct; and,
b) 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.
EXISTING LAW :
1)Authorizes or requires a principal or a superintendent of
schools to suspend or expel a student committing any of a
number of specified acts. (Education Code (EC) Sections
48900, 48900.2, 48900.3, 48900.4, 48900.7, 48915)
2)Requires the principal or superintendent to recommend
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:
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, except
for the first offense for the possession of no more than
one avoirdupois ounce of marijuana, other than concentrated
cannabis.
d) Robbery or extortion.
e) Assault or battery upon any school employee. (EC
Section 48915)
3)Requires a principal or superintendent to immediately suspend
and 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:
a) Possessing, selling, or otherwise furnishing a firearm.
b) Brandishing a knife at another person.
c) Unlawfully selling a controlled substance.
d) Committing or attempting to commit a sexual assault.
e) Possession of an explosive. (EC Section 48915)
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FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : Background . Under existing law, a principal or a
superintendent may suspend or expel a pupil for committing any
of a number of specified acts. The California Department of
Education (CDE) reported 700,884 suspensions and 18,649
expulsions in 2010-11.
For expulsions, current law specifies three categories: 1) acts
committed by a pupil that result in immediate suspension and
recommendation for expulsion; 2) acts committed by a pupil for
which a principal or superintendent must recommend expulsion,
unless the principal or superintendent finds that expulsion is
inappropriate, due to the particular circumstance; and 3) acts
committed by a pupil for which a principal or superintendent
have discretion to determine expulsion.
The introduced version of this bill made all of the acts that
result in mandatory expulsion, with the exception of possession
of a firearm and possession of an explosive, discretionary,
giving principals and superintendent of schools the authority to
decide whether an act should result in an expulsion; authorized,
rather than required, principals to report specified acts to
local law enforcement authorities; struck the fine imposed on
principals for failure to report specified acts to local law
enforcement authorities; and required expulsion only after other
alternative corrections have failed and the pupil poses a
danger. The current version of the bill scales back most of the
changes and contain the following (see chart on page 4):
1)Moves brandishing a knife and unlawfully selling a controlled
substance from the immediate suspension and mandatory
expulsion category into the mandatory with discretion
category.
2)Strikes the requirement for principals and superintendents to
immediately suspend a pupil for committing specified acts.
3)Specifies that possessing, selling or furnishing a firearm
does not include an imitation firearm.
4)Specifies that possession of an explosive does not include
firecrackers, defined as a device used to make noise in
displays and celebrations, and not used as a weapon.
5)Specifies that the possession of any controlled substance does
not include the possession of over-the-counter or prescription
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medication.
6)Authorizes a principal or superintendent to not recommend
expulsion if he or she determines that expulsion should not be
recommended under the circumstances or that an alternative
means of correction would address the conduct.
7)Encourages a principal or superintendent to make an expulsion
determination as quickly as possible to ensure that a pupil
does not lose instructional time.
1)Allows expulsion for some of the acts in the permissive
category only if alternative corrections are not feasible or
have failed and because the pupil poses a danger.
2)Strikes the $500 fine on principals for failing to contact
local law enforcement agencies.
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| | | |
| Category I | Category II* | Category III* |
| Student | Student Offenses | Student Offenses with |
|Offenses with | with | Broad Principal Discretion |
| No Principal | Limited Principal | |
| Discretion | Discretion | |
| (except as | | |
| otherwise | | |
| precluded by | | |
| law) | | |
| | | |
|--------------+---------------------+-------------------------------------------|
| | | |
|Principal |Principal must |Principal may recommend expulsion when the |
|shall |recommend expulsion |following occur at any time, including, |
|immediately |when the following |but not limited to, while on school |
|suspend and |occur at school or |grounds; while going to or coming from |
|recommend |at a school activity |school; during the lunch period, whether |
|expulsion |off campus unless |on or off the campus; or during, or while |
|when the |the principal or |going to or coming from, a |
|following |superintendent |school-sponsored activity. |
|occur at |determines that | |
|school or at |expulsion should not |(E.C. 48915İb] and İe]) |
|a school |be recommended under | |
|activity off |the circumstances or | |
|campus. |that an alternative | |
| |means of correction | |
|(E.C. |would address the | |
|48915İc]) |conduct. | |
| | | |
| |(E.C. 48915İa]) | |
| | | |
|--------------+---------------------+-------------------------------------------|
| | | |
|1.Possessing, |1 Causing serious | 1. Caused, attempted to cause, or |
| selling, or | physical injury to | threatened to cause physical injury to |
| furnishing | another person, | another person. (Unless, in the |
| a firearm. | except in | case of "caused," the injury is |
| E.C. | self-defense. | serious. İSee II.1]) E.C. |
| 48915(c)(1);| E.C. | 48900(a)(1); 48915(b) |
| 48900(b). | 48915(a)(1); |2.First offense of possession of marijuana |
| Does not | 48900(a)(1), | of not more than one ounce, or alcohol. |
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| apply to an | maybe also | E.C. 48900(c); 48915(b) |
| imitation | 48900(a)(2) |3.Sold, furnished, or offered a substitute |
| firearm. | | substance represented as a controlled |
| | | substance. |
| | | E.C. 48900(d); 48915(b) |
| | | |
|--------------+---------------------+-------------------------------------------|
| | | |
|2.Committing |1.Possession of any |1.Caused or attempted to cause damage to |
| or | knife, explosive, | school or private property. E.C. |
| attempting | or other dangerous | 48900(f); 48915(e) |
| to commit a | object of no |2.Stole or attempted to steal school or |
| sexual | reasonable use to | private property. E.C. 48900(g); |
| assault or | the pupil. | 48915(e) |
| committing a | |3.Possessed or used tobacco. E.C. |
| sexual | | 48900(h); 48915(e) |
| battery (as | E.C. 48915(a)(2); |4.Committed an obscene act or engaged in |
| defined in | 48900(b) | habitual profanity or vulgarity. E.C. |
| 48900İn]). | | 48900(i); 48915(e) |
| E.C. | | |
| 48915(c)(4); | | |
| 48900(n) | | |
|--------------+---------------------+-------------------------------------------|
| | | |
| 3. |3.Unlawful |1.Possessed, offered, arranged, or |
| Possession of an | possession of any | negotiated to sell any drug |
| explosive.| controlled | paraphernalia. E.C. 48900(j); 48915(e) |
| | substance, except |2.Disrupted school activities or willfully |
| E.C. | for the first | defied the valid authority of school |
| 48915(c)(5| offense of no more | personnel. E.C. 48900(k); 48915(e) |
| ); 48900 | than an ounce of |3.Knowingly received stolen school or |
| (b) | marijuana or | private property. E.C. 48900(l); |
| Does not | over-the-counter | 48915(e) |
| apply to | or prescription |4.Possessed an imitation firearm. E.C. |
| firecracke| medication. E.C. | 48900(m); 48915(e) |
| rs (a | 48915(a)(3); | |
| device | 48900(c) | |
| used to | | |
| make | | |
| noise in | | |
| displays | | |
| /celebrati| | |
| ons) | | |
|--------------+---------------------+-------------------------------------------|
| | | |
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| |1.Robbery or |1.Engaged in harassment, threats, or |
| | extortion. | intimidation against a pupil or group of |
| | E.C. 48915(a)(4); | pupils or school district personnel. |
| | 48900(e) | E.C. 48900.4**; 48915(e) |
| | |2.Engaged in sexual harassment. E.C. |
| | 5. Assault or | 48900.2**; 48915(e) |
| | battery upon any |3.Caused, attempted to cause, threatened |
| | | to cause, or participated in an act of |
| | school | hate violence. |
| | employee. | E.C. 48900.3**; 48915(e) |
| | E.C. |4.Made terrorist threats against school |
| | 48915(a)(5); | officials or school property, or both. |
| | 48900(a)(1) | E.C. 48900.7; 48915(e) |
| |and 48900(a)(2) | |
|--------------+---------------------+-------------------------------------------|
| | | |
|1. | 2.Brandishing a |1.Willfully used force or violence upon |
| | knife at another | the person of another, except in |
| | person. E.C. | self-defense. E.C. 48900(a)(2); |
| | 48915(c)(2); | 48915(b) |
| | 48900(a)(1) and |2.Harassed, threatened, or intimidated a |
| | 48900(b) | pupil who is a complaining witness or |
| | | witness in a disciplinary action. |
| | 3.Unlawfully | E.C. 48900(o); 48915(e) |
| | selling a |3.Any behavior listed in Category l or ll |
| | controlled | that is related to school activity or |
| | substance. | school attendance but that did not occur |
| | E.C.48915(c)(3); | on campus or at a school activity off |
| | 48900(c) | campus. E.C. 48915(b) |
| | |4.Unlawfully offered, arranged to sell, |
| | | negotiated to sell, or sold the |
| | | prescription drug Soma. |
| | | E.C. 48900(p); 48915(e) |
| | |5.Engaged in, or attempted to engage in, |
| | | hazing, as defined in Section 32050. |
| | | E.C. 48900(q); 48915(e) |
| | |6.Engaged in an act of bullying, |
| | | including, but not limited to, bullying |
| | | committed by means of electronic act |
| | | directed specifically toward a pupil or |
| | | school personnel. E.C. 48900(r); |
| | | 48915(e) |
| | | |
--------------------------------------------------------------------------------
* For Category ll (minus 6,7), the school must provide evidence of one
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or both of the following additional findings : (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 student's
presence causes a continuing danger to the physical safety of the pupil
or others. For category III (minus 1,2,3), the school must provide
evidence of both conditions. ** Grades 4 through 12
inclusive.
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The author states, "School officials are currently mandated to
automatically suspend and /or expel students for various broadly
defined acts. These policies, known as 'Zero Tolerance,' were
put in place over ten years ago as an effort to cut down on
school violence. Although these policies were written with the
best of intent, they have resulted in thousands of students
being suspended and/or expelled for low level offenses.
School administrators agree that there are instances in which a
student engages in an activity that merits immediate suspension
and/or expulsion, such as carrying a loaded weapon on school
premises. However, many also agree that there are gray İareas]
in the law."
The author provides the following example:
"In a well documented case, Danielle Brinkam, a model student at
Rowland High School in Rowland Hills, California was expelled in
2005. She was a straight A's student, had received perfect
attendance since kindergarten and was a member of the choir. She
worked at a local grocery store. She woke up late one morning
and put on her work pants, which contained a knife she used to
open boxes with. When the administration found her in possession
of a knife, İshe] was expelled, a shock to many who knew her.
Many agreed that the punishment didn't fit the crime because she
did not use the knife on anyone and did not pose a threat."
Impact of punitive policies . The sponsor states that research
has consistently shown that school removals and other "get
tough" punishments fail schools and students, are not effective
at transforming anti-social behavior into pro-social behavior
and in fact have the opposite effect of exacerbating the problem
and further alienating the child from the school environment and
"pushing" them out of school.
A University of California, Los Angeles' Civil Rights Project
October 2011 brief titled "Discipline Policies, Successful
Schools, and Racial Justice," report that data gathered by the
U.S. Department of Education's Office for Civil Rights shows
disparity in suspensions and expulsions for Black students,
especially males, and students with disabilities. An analysis
of data collected in 2006 shows that 28% of Black male middle
school students were suspended at least once, while the rate was
10% for while males. The report argues that disciplinary
actions that result in exclusion from school cause students to
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miss important instructional time and may result in a "greater
risk of disengagement and diminished educational opportunities."
School safety versus alternative reform . The goal of this bill
and several other bills introduced this year is to keep the
students at school so that alternative corrective measures can
be identified to help address the causes of the students'
behavior. Supporters of the bill believe that once a student
exits the education system, that student is at a much higher
risk of entering the juvenile justice system. According to
supporters of the bill, in 2008, California reported a total of
165,901 individual juvenile court matters. Garfield High School
in Los Angeles, which implemented the Foundational Discipline
Policy of School-Wide Positive Behavior Support that focuses on
the benefits of implementing positive behavior support programs
on a school wide basis, has reduced suspensions dramatically,
yet administrators do not believe school safety has been
compromised.
However, the Legislature established the different levels of
authority, from mandatory to permissive, for school safety
reasons. Many of the provisions in the EC were crafted
following violent crimes committed in elementary schools and
colleges campuses in California and in other states; the most
infamous being the Columbine massacre in 1999, where 13 people
were killed and 21 were injured by two students who ultimately
committed suicide. There are offenses the Legislature has
deemed to be serious enough to require mandatory expulsion while
giving principals and superintendents discretion over numerous
other offenses.
Zero Tolerance . Under current law, the five acts under category
I of the chart on page 4 are considered "zero tolerance" and
result in immediate suspension and mandatory expulsion.
Category I acts are considered situations that pose the most
danger to students and staff and as such, are treated
differently than other categories. This bill strikes the
requirement to immediately suspend a pupil who commits one of
the five acts. Staff recommends restoring this requirement. If
these acts are considered the most threatening and result in
mandatory expulsion, it is appropriate to immediately suspend
the pupils.
This bill moves brandishing a knife at another person and
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unlawfully selling a controlled substance to "category II",
which is still a mandatory expulsion category but gives
principals and superintendents some discretion based on the
circumstances or if he or she determines that an alternative
correction would address the behavior. "Brandishing" is not
defined in the Education or Penal Codes. However, Penal Code
Section 417, which specifies that "every person who, except in
self-defense, in the presence of any other person, draws or
exhibits any deadly weapon whatsoever, other than a firearm, in
a rude, angry, or threatening manner, or who in any manner,
unlawfully uses a deadly weapon other than a firearm in any
fight or quarrel is guilty of a misdemeanor, punishable by
imprisonment in a county jail for not less than 30 days," is
known as the provision on "brandishing" a weapon. Brandishing a
knife is different than possession of a knife. Brandishing is
threatening, whereas possession of a knife could account for the
situation of the student who wore her work pants to school and
inadvertently had possession of the work knife in her pocket.
Staff recommends keeping brandishing a knife under category I.
This bill also moves unlawfully selling a controlled substance
to category II, allowing principals and superintendents the
ability to consider situations such as a third grader selling
drugs because big brother told him to do it.
Excluding firecrackers . This bill specifies that firecrackers
are not considered explosives and are not subject to mandatory
expulsion. Firecracker is defined in the bill as a device
primarily used to make noise in displays and celebrations, and
not as a weapon. A firecracker has the potential to cause harm
and disruption to school. Staff recommends striking this
language.
Over-the-counter and prescription medication . This bill
specifies that possession of a controlled substance does not
include over-the-counter or prescription medication. According
to the sponsor, this is to ensure that a student is not expelled
for taking pain medication such as ibuprofen. Staff recommends
clarifying that the over-the-counter medication is for medicinal
use and the prescription medication is prescribed for the
student.
Additional considerations for expulsions . Existing law
specifies that the decision to expel for some acts, including
damaging school property; stealing or attempting to steal school
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property; possessing or using tobacco; committing an obscene act
or engaging in habitual profanity or vulgarity; unlawfully
possessing or unlawfully offering, arranging or negotiating to
sell drug paraphernalia; disrupting school activities or
otherwise willfully defying school authorities; knowingly
receiving stolen school or private property; possessing an
imitation firearm; engaging in harassment, threats or
intimidation; engaging in sexual harassment; and cause,
attempting to cause or participating in the act of hate
violence, is based on one or both of the following:
1)Other means of correction are not feasible or have repeatedly
failed to bring about proper conduct; or,
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.
This bill requires the decision to be based on both criteria,
which will make it harder to expel. It is difficult to
determine whether it is acceptable for all of the acts to be
based on both conditions without making an independent
evaluation of each act. Staff recommends restoring the
requirement for expulsion to be based on one or both conditions.
Intent language . This bill codifies intent language that the
acts enumerated in the EC form the exclusive bases for
suspensions and expulsions. Because EC Section 48900 already
stipulates that a pupil shall not be suspended or recommended
for expulsion unless the pupil has committed one of the
specified acts; and because intent language should not be
codified, staff recommends striking the section number.
Current law requires a principal or the principal's designee,
frequently a vice principal, to notify law enforcement
authorities of crimes involving assault with a firearm, an
assault weapon, or a deadly weapon or instrument; possession or
sale of controlled substances; possessing, selling, or otherwise
furnishing a firearm; and possession of an explosive, prior to
or after suspending or expelling a pupil. Current law also
specifies that the willful failure to make a report is an
infraction punishable by a fine of up to $500 to be paid by the
principal or principal's designee. This bill eliminates the
$500 fine.
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Districts that have school police departments may likely already
have working relationships with local law enforcement agencies.
For example, the Los Angeles School Police Department submits
copies of crime reports to the appropriate law enforcement
agencies for statistical and information sharing purposes.
This bill was heard in this Committee on April 11, 2012 as a
discussion item only.
Related legislation . This bill is one of several bills
introduced this year attempting to reduce the use of punitive
measures to respond to disciplinary and attendance problems.
The pending bills include:
AB 1729 (Ammiano), pending in the Assembly Appropriations
Committee, requires other means of correction to be used and
documented prior to the suspension or expulsion of any student
and revises the steps taken for suspensions and expulsions of
students with exceptional needs.
AB 2242 (Dickinson), pending in the Assembly Appropriation
Committee, imposes in-school suspension and prohibits off-campus
suspension or extended suspension, or expulsion, due to
disruption of school activities or willful defiance of school
officials.
AB 2616 (Carter), pending in the Assembly Appropriations
Committee, makes several changes to the provisions governing
truancy.
SB 1235 (Steinberg), pending in the Senate, requires a school
district to, if the number of pupils suspended from school
during the prior school year exceeded 25% of a school's
enrollment or any numerically significant racial or ethnic
subgroup, implement for a minimum of three years, an
evidence-based system of schoolwide positive behavioral
interventions or strategies that are evidence based and designed
to address school climate.
REGISTERED SUPPORT / OPPOSITION :
Support
Prior version :
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Public Counsel Law Center (sponsor)
American Civil Liberties Union
Center for Juvenile Law and Policy
Center on Juvenile and Criminal Justice
Coleman Advocates for Children & Youth
Labor/Community Strategy Center's Community Rights Campaign
Legal Advocates for Children & Youth
Legal Services for Children
New America Foundation
Youth and Education Law Project, Mills Legal Clinic
Youth Law Center
Opposition
Prior version :
Association of California School Administrators
California Police Chiefs Association
Los Angeles County District Attorney's Office
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087