BILL ANALYSIS �
AB 420
Page 1
ASSEMBLY THIRD READING
AB 420 (Dickinson)
As Amended May 24, 2013
Majority vote
EDUCATION 6-0 APPROPRIATIONS 11-6
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|Ayes:|Buchanan, Olsen, Ch�vez, |Ayes:|Gatto, Bocanegra, |
| |Nazarian, Ammiano, | |Bradford, |
| |Williams | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Pan, |
| | | |Wagner |
| | | | |
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SUMMARY : Removes disrupting of school activities or otherwise
willfully defying the valid authority of supervisors, teachers,
administrators, school officials, or other school personnel as a
reason to suspend or recommend for expulsion, any pupil in
kindergarten through grade 5. Specifically, this bill :
1)Specifies that a pupil enrolled in grades 6 through 12 may be
suspended from school on or after the third time in a school year
for disrupting school activities or otherwise willfully defying
the valid authority of supervisors, teachers, administrators,
school officials, or other school personnel, provided that other
means of correction were attempted before the recommendation to
suspend.
2)Specifies that a school district is authorized to document other
means of correction but is not required to do so.
3)Specifies that 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 shall not constitute
grounds for a pupil to be recommended for expulsion.
4)Specifies that a teacher is not prevented from suspending a pupil
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from class, pursuant to the Education Code Section 48910, for
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.
5)Expresses the intent of the Legislature to minimize the excessive
use of willful defiance as a reason to impose in-school and
off-campus removals and to encourage schools to instead prioritize
and use alternative means of correction in order to improve
educational outcomes for children.
FISCAL EFFECT : According to the Legislative Counsel, this bill is
non-fiscal. However, according to the Assembly Appropriations
Committee, there is increased General Fund/Proposition 98 revenue
limit costs, likely in excess of $3.5 million, to provide school
districts with revenue limit funding (general purpose) for pupils
who will no longer be suspended in grades K-5 for willful defiance
and for pupils who can no longer be suspended after the first
offense.
COMMENTS : 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 white males. The report
argues that disciplinary actions that result in exclusion from
school cause students to miss important instructional time and may
result in a "greater risk of disengagement and diminished
educational opportunities."
Research also shows that students with frequent suspensions are at
greater risk of becoming involved in gangs, dropping out of school
and becoming a part of the juvenile justice system. Efforts
undertaken by districts in California, including the Los Angeles
Unified School District, San Francisco Unified School District, and
Alhambra Unified School District, and in other states are beginning
to show positive results of not using punitive measures like
suspension and expulsions and more alternative practices that
emphasize restorative justice (reflections of one's behavior),
counseling, referrals to drug treatment and other social services,
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within the school setting.
Suspensions and expulsions : Under existing law, a principal or a
superintendent may suspend or expel a pupil for committing any of a
number of specified acts, including "disruption of school activities
or willful defiance." The California Department of Education (CDE)
reports that in 2010-11, of a total enrollment of 6,174,717, there
were 700,884 suspensions and 18,649 expulsions. Using the
California Longitudinal Pupil Achievement Data System (CALPADS),
school districts began to report student-level data in 2011-12.
According to the CDE, 170,449 pupils served willful defiance
suspensions out of school in 2011-12.
This bill is a modified version of AB 2242 (Dickinson) of 2012. The
bill removed disrupting of school activities or otherwise willfully
defying the authority of school or school district officials as a
reason for suspending or recommending expulsion for all grade
levels. The Governor vetoed the bill with the following statement:
"I cannot support limiting the authority of local school
leaders, especially at a time when budget cuts have greatly
increased class sizes and reduced the number of school
personnel. It is important that teachers and school officials
retain broad discretion to manage and set the tone in the
classroom. The principle of subsidiarity calls for greater, not
less, deference to our elected school boards which are directly
accountable to the citizenry."
This bill keeps this category for suspension of pupils in
grades 6 through 12 and only after the third time a pupil is
found to have disrupted school activities or willfully defied
the authority of school officials. This bill also removes the
authority to use this category for the expulsion of pupils.
The author states, "More than two decades of research has confirmed
that out-of-school suspensions do not work. They do not improve
student behavior and, in fact, often exacerbate the problem. In
addition, students who are subjected to out-of-school discipline not
only lose important instructional time, they are far more likely to
drop out of school and enter the juvenile justice system, at great
cost to the state. One study found that with respect to detained
youth that more than "80 percent . . . had been suspended . . . and
more than 50 percent had been expelled from school prior to their
incarceration." Whereas students whose problem behaviors are
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addressed proactively with research-based supports and interventions
in school and with parents are more likely to remain in school and
on track."
Disruption of school activities and willful defiance : According to
supporters, this category is broad and can encompass a number of
offenses, from not following a teacher's direction, talking back to
a teacher, not turning in homework, to throwing furniture. Compared
with offenses that require expulsion, such as bringing a knife or
firearm to school, these types of offenses could be considered
minor, although teachers would argue that these behaviors can cause
major interference to students' learning environment in the
classroom. The issue is how to address these types of behaviors.
Those who advocate for anti-punitive measures would argue that these
students can be reformed through personal reflections and positive
interventions. Others would argue that not having the ability to
impose out-of-school suspensions would send the message that these
types of behaviors are not serious.
Willful defiance as a catch-all : This category appears to be a
catch-all category for suspending a pupil as there is no definition
of what constitutes willful defiance. While the goal to keep
students in class and in school is a positive goal, teachers and
administrators should also have the ability to take action if one
student's behavior prevents a teacher from effectively carrying out
instructional activities, which can hurt the remainder of the class.
If willful defiance will continue to be used, a definition should
be established to clarify the actions that constitute willful
defiance of school authority.
Teacher suspensions : Existing law allows a teacher to suspend a
pupil from class for the day of the suspension and the following day
for any of the acts that may be a cause for suspension or expulsion
specified under Education Code Section 48900. This bill clarifies
that the provisions of this bill do not prevent a teacher from
suspending a pupil for disrupting school activities or willful
defiance. This can be construed to mean that a teacher may suspend
for disrupting school activities and willful defiance but not the
other acts in the same section of the Education Code. The bill
should be clarified that a teacher may exercise the authority to
suspend a pupil from class for any of the acts specified in Section
48900, including disrupting of school activities and willful
defiance.
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Changing culture : Several bills were introduced last year and this
year attempting to reduce the use of punitive, zero-tolerance
measures and focus, instead, on alternatives to address the causes
of a pupil's behavior. While these bills are one component in
changing pupil and staff behavior, changing the culture of a school
from a less punitive environment to a more positive one and to
implement positive behavioral programs, such as restorative justice
programs, require training and support from all school staff as well
as sufficient counselors, mental health providers, and other school
personnel.
The California School Boards Association (CSBA) states, "while it is
important to provide alternative programs and methods to address the
needs of students rather than just suspension and expulsion, it is
just as important to ensure that schools have the resources and
staff necessary to provide those alternatives. CSBA remains
concerned about the lack of training for school personnel to
communicate and deal with willfully defiant students without
suspending them. Further, there will also need to be the resources
to provide additional classroom space and teachers for in-school
suspension programs."
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0000950