AB 2351: Suspensions and expulsions: acts occurring outside of school hours.

(1)Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts. Existing law authorizes suspension or expulsion for one of those acts if the act is related to a school activity or school attendance occurring at any time, including while going to and coming from school.

This bill bill, until January 1, 2028, would limit the above-described authorization for suspension or recommendation for expulsion for certain acts that occur outside of school hours by providing that when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The bill bill, until January 1, 2028, would prohibit a pupil from being suspended or expelled for an act that occurs outside of school hours unless other means of correction fail to bring about proper conduct, as provided.

(2)Existing law also authorizes suspension or recommendation for expulsion if the superintendent or the principal of the school determines that a pupil enrolled in any of grades 4 to 12, inclusive, has committed sexual harassment, as defined; a pupil enrolled in any of grades 4 to 12, inclusive, has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined; a pupil enrolled in any of grades 4 to 12, inclusive, has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment; or a pupil, of any grade, has made terroristic threats against school officials or school property, or both.

This bill bill, until January 1, 2028, would authorize suspension or recommendation for expulsion if the above-described acts occur during or outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, or creating an intimidating or hostile educational environment.

(3)Existing law encourages, for a pupil who has been suspended, or for whom other means of correction have been implemented, for an incident of racist bullying, harassment, or intimidation, local educational agencies to have both the victim and perpetrator engage in a restorative justice practice that is found to suit the needs of both the victim and the perpetrator.

This bill bill, until January 1, 2028, would specify that an incident of racist bullying, harassment, or intimidation may occur during or outside of school hours provided that the above-described conditions are met.