BILL NUMBER: AB 1390 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 3, 2000
INTRODUCED BY Assembly Member Havice
FEBRUARY 26, 1999
An act to amend Section 48915 Sections
32228 and 32228.1 of, and to add Section 48915.02 to
Article 4.5 (commencing with Section 32246) to Chapter
2 of Part 19 of , the Education Code, relating to
pupil expulsion pupils, and making an appropriation
therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 1390, as amended, Havice. Pupils: expulsion:
physical injury or violence violence prevention
.
Existing law establishes the School Safety and Violence Prevention
Act, a statewide program administered by the Superintendent of
Public Instruction, who, pursuant to the act, allocates funds to
school districts that maintain any of grades 8 to 12, inclusive, that
certify the funds will be used as required by the act. Funds
allocated pursuant to this program are required to be expended for
purposes that include, but are not limited to, providing conflict
resolution personnel, providing on-campus communication devices,
establishing staff training programs, and establishing cooperative
arrangements with law enforcement agencies.
This bill would also make school districts that maintain grades 5
and 6 eligible for funds allocated pursuant to this program.
This bill would establish the Bullying Prevention Grant Program
for Grades 5 and 6. Schools maintaining grades 5 and 6 would be
authorized to apply to the State Department of Education for a
maximum $5,000 grant to implement a 2-year program. The bill would
require the Superintendent of Public Instruction to develop criteria
by which grant recipients will be selected. The bill would authorize
grant funds to be expended to implement a locally designed program or
to purchase existing bullying prevention materials and programs.
This bill would appropriate $150,000 from the General Fund to the
State Department of Education for purposes of implementing the
Bullying Prevention Grant Program for Grades 5 and 6.
Under existing law, a pupil may not be suspended from school or
recommended for expulsion unless the superintendent or the principal
of the school in which the pupil is enrolled determines that the
pupil has committed one of certain enumerated acts including, among
others, that the pupil caused, attempted to cause, or threatened to
cause physical injury to another person, or willfully used force or
violence upon the person of another, except in self-defense.
Existing law requires the principal or superintendent of schools
to immediately suspend and to recommend the expulsion of a pupil that
he or she determines has committed any of certain acts.
This bill would require the principal or superintendent of schools
to immediately suspend and to recommend the expulsion of a pupil
that he or she determines has committed a third confirmed act wherein
the pupil caused, attempted to cause, or threatened to cause
physical injury to another person, or willfully used force or
violence upon the person of another, except in self-defense
regardless of whether the fist 2 such acts resulted in suspension or
expulsion.
The bill would prohibit any pupil who is immediately suspended,
and recommended for expulsion for that reason from being readmitted
to any school under the jurisdiction of the school district until the
pupil provides verification to the school district of completing a
counseling program designed to prevent youth violence. The bill
would require the State Department of Education to develop a list of
counseling programs which, based on the determination of the
department, provide effective counseling designed to prevent youth
violence. By imposing new duties on school districts regarding the
suspension, expulsion, and readmission of pupils, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program:
yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48915 of the Education Code is
SECTION 1. Section 32228 of the Education Code is amended to read:
32228. (a) It is the intent of the Legislature that public
schools serving pupils in grades 8 6 to
12, inclusive, have access to supplemental resources to establish
programs and strategies that promote school safety and emphasize
violence prevention among children and youth in the public schools.
(b) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:
(1) Teach pupils techniques for resolving conflicts without
violence.
(2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.
(3) Reduce incidents of violence at the schoolsite.
SEC. 2. Section 3228.1 of the Education Code is amended to read:
32228.1. (a) The Carl Washington School Safety and Violence
Prevention Act is hereby established. This statewide program shall
be administered by the Superintendent of Public Instruction, who
shall provide funds to school districts serving pupils in any of
grades 8 6 to 12, inclusive, for the
purpose of promoting school safety and reducing schoolsite violence.
As a condition of receiving funds pursuant to this article, an
eligible school district shall certify, on forms and in a manner
required by the Superintendent of Public Instruction, that the funds
will be used as described in this section.
(b) From funds appropriated in the annual Budget Act or any other
measure, funds shall be allocated to school districts on the basis of
enrollment of pupils in grades 8 6 to
12, inclusive, for any one or more of the following purposes:
(1) Providing schools with personnel, including, but not limited
to, licensed or certificated school counselors, school social
workers, school nurses, and school psychologists, who are trained in
conflict resolution. Any law enforcement personnel hired pursuant to
this article shall be trained and sworn peace officers.
(2) Providing effective and accessible on-campus communication
devices and other school safety infrastructure needs.
(3) Establishing an in-service training program for school staff
to learn to identify at-risk pupils, to communicate effectively with
those pupils, and to refer those pupils to appropriate counseling.
(4) Establishing cooperative arrangements with local law
enforcement agencies for appropriate school-community relationships.
(5) For any other purpose that the school or school district
determines that would materially contribute to meeting the goals and
objectives of current law in providing for safe schools and
preventing violence among pupils.
SEC. 3. Article 4.5 (commencing with Section 32246) is added to
Chapter 2 of Part 19 of the Education Code, to read:
Article 4.5. Bullying Prevention Grant Program for Grades 5
and 6
32246. There is hereby established the Bullying Prevention Grant
Program for Grades 5 and 6.
32247. Subject to an appropriation being made for this purpose, a
school district that has jurisdiction over schools maintaining
grades 5 and 6 may apply to the State Department of Education for a
grant to implement a two-year bullying prevention program. The
Superintendent of Public Instruction shall develop criteria by which
grant recipients will be selected.
32248. The maximum amount of a grant shall be five thousand
dollars ($5,000) for a two-year program. Grant funds may be expended
to implement a locally designed program or to purchase existing
bullying prevention materials and programs.
SEC. 4. The sum of one hundred fifty thousand dollars ($150,000)
is hereby appropriated from the General Fund to the State Department
of Education for purposes of implementing the Bullying Prevention
Grant Program for Grades 5 and 6 pursuant to Article 4.5 (commencing
with Section 32246) of Chapter 2 of Part 19 of the Education Code.
amended to read:
48915. (a) Except as provided in subdivisions (c) and (e), the
principal or the superintendent of schools shall recommend the
expulsion of a pupil, unless the principal or superintendent finds
that expulsion is inappropriate due to the particular circumstances,
for any of the following acts committed at school or at a school
activity off school grounds:
(1) Causing serious physical injury to another person, except in
self-defense.
(2) Possession of any knife, explosive, 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) Robbery or extortion.
(5) Assault or battery, as defined in Sections 240 and 242 of the
Penal Code, upon any school employee.
(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 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. 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) Committing a third confirmed act of physical injury or
violence as described in paragraph (1) or (2), or both, of
subdivision (a) of Section 48900, regardless of whether the first two
such acts resulted in suspension or expulsion.
(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 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 that 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.
SEC. 2. Section 48915.02 is added to the Education Code,
immediately following Section 48915.01, to read:
48915.02. Any pupil who is immediately suspended, and recommended
for expulsion because he or she committed a violation described in
paragraph (5) of subdivision (c) of Section 48915 shall not be
readmitted to any school under the jurisdiction of the school
district until the pupil provides verification to the school district
of completing a counseling program designed to prevent youth
violence. On or before October 1, 2000, the State Department of
Education shall develop a list of counseling programs which, based on
the determination of the department, provide effective counseling
designed to prevent youth violence.
SEC. 3. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.