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 a specified act. With respect to certain acts, including, among others, assault or battery upon any school employee, the principal or superintendent has the discretion to recommend expulsion or an alternative means of correction. With respect to certain other acts, the principal or superintendent is required to immediately suspend and recommend expulsion of a pupil who he or she determines has committed that act. Existing law requires the principal or superintendent to recommend the expulsion of a pupil for certain acts, including assault or battery upon any school employee, 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.

This bill would delete the act of assault or battery upon any school employee from the category of acts where the principal or superintendent has the discretion to recommend expulsion or an alternative means of correction. The bill would expand the act of assault or battery upon any school employee to include assault or battery upon a staff member contracted to provide services to pupils and would place that expanded act in the category of acts for which immediate suspension and a recommendation of expulsion is required. pupils. The bill would require, if the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address a pupils assault or battery upon any school employee or a staff member contracted to provide services to pupils, the governing board of the school district to, if the pupils conduct resulted in serious bodily injury, transfer the pupil to another school in the school district, if any. By imposing additional duties on schools public school officials and school districts, 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.

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 the statutory provisions noted above.

Existing law specifying various circumstances that constitute the crime of rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where sexual intercourse is accomplished against a persons will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law generally provides that rape, as defined, is punishable by imprisonment in the state prison for 3, 6, or 8 years, as specified.

This bill would make technical, nonsubstantive changes to those provisions.

Date of Hearing: July 12, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

SBPCA Bill Id:SB 805

Author:(Galgiani) – As Amended Ver:May 26, 2017

SENATE VOTE: 26-7

SUBJECT: Pupil discipline: expulsions: assault or battery: intradistrict transfers

SUMMARY: Extends the requirement for a principal or superintendent of schools to recommend a pupil for expulsion on the grounds that he or she committed assault or battery upon a school employee, to include staff members contracted to provide services to pupils. Requires that a student, who is not expelled for such an offense be transferred to another school if the offense resulted in serious bodily injury. Specifically, this bill:

1. Requires the principal or superintendent to recommend the expulsion of a pupil who committed assault or battery upon a staff member contracted to provide services to pupils, 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 pupil’s conduct.
2. Requires the governing board of the school district to transfer the pupil to another school in the district, if any, if the principal or superintendent determines that expulsion of the pupil should not be recommended, and if the pupil’s conduct resulted in serious bodily injury.

EXISTING LAW:

1. Requires the principal or the superintendent of schools 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 determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct. Those acts include:
   • 1. Causing serious physical injury to another person, except in self-defense.
     2. Possession of any knife or other dangerous object of no reasonable use to the pupil.
     3. Unlawful possession of any controlled substance, except for either of the following:
        1. The first offense for the possession of not more than one ounce of marijuana, other than concentrated cannabis.
        2. The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician.
     4. Robbery or extortion.
     5. Assault or battery, as defined in the Penal Code, upon any school employee. (EC 48915)
2. Requires the principal or superintendent of schools 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:
3. Possessing, selling, or otherwise furnishing a firearm, as specified.
4. Brandishing a knife at another person.
5. Unlawfully selling a controlled substance.
6. Committing or attempting to commit a sexual assault committing a sexual battery.
7. Possession of an explosive. (EC 48900)
8. Specifies that alternative means of correction include, but are not limited to:
   1. A conference between school personnel, the pupil’s parent or guardian, and the pupil.
   2. Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
   3. Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and his or her parents.
   4. Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a 504 plan.
   5. Enrollment in a program for teaching prosocial behavior or anger management.
   6. Participation in a restorative justice program.
   7. A positive behavior support approach with tiered interventions that occur during the schoolday on campus.
   8. After-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups.
   9. Community service, as specified. (EC 48900.5)
9. Authorizes the governing board of a school district to transfer to another school in the school district a pupil who has been convicted of a violent felony or misdemeanor, if that pupil and the victim of the crime are enrolled at the same school. These provisions require that the school district has adopted a policy regarding due process provisions for such a transfer. (EC 48929)
10. Requires governing boards of school districts which assign students to continuation schools to adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools, including certain due process requirements. Specifies that involuntary transfer to a continuation school is to be imposed only when other means fail to bring about pupil improvement. Authorizes involuntary transfers for specified acts if the principal determines that the pupil’s presence causes a danger to persons or property or threatens to disrupt the instructional process. (EC 48432.5)
11. Requires governing boards of school districts which establish community day schools to adopt policies that provide procedures for the involuntary transfer of pupils to a community day school. (EC 48662)
12. Defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code 240)
13. Defines battery as any willful and unlawful use of force or violence upon the person of another. (PC 242).
14. Federal regulations require the determination of a manifestation determination within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct. (FCR Title 34, Part 300, Section 300.530)

FISCAL EFFECT: According to the Senate Appropriations Committee, “unknown reimbursable state mandated costs, potentially in the low hundreds of thousands in Proposition 98 General Fund, to modify the existing mandated suspension and expulsion procedures for school districts.”

COMMENTS:

Purpose of the bill. This bill extends a provision in current law which pertains to school employees to staff members contracted to provide services to pupils. Namely, that a student would be recommended for expulsion for committing assault or battery upon the contracted staff member, unless the principal or superintendent determines that the pupil should not be recommended for expulsion under the circumstances or that an alternative means of correction would address the conduct.

The bill also requires that, if the pupil is not recommended for expulsion as a result of an assault or battery upon a school employee or staff member contracted to provide services to pupils and the victim suffers serious bodily injury, the pupil must be transferred to another school in the district if one exists.

Need for the bill. According to the author, “Like students, staff must feel safe in their work environment. If a student who assaulted or battered a school employee returns to the same school the school employees feel unsafe and do not provide the same level of support to the pupils due to fear of continued violence. That same student will most likely be labeled by their classmates as violent, hampering their ability to reform. Having a student transferred to a new school provides the student the opportunity to have a new start without the reputation of being violent.

This bill also extends the classification of potential victims to include staff contracted from an outside entity, such as school police officers under contract from a local municipal police or sheriff department.”

Incidences of violent incidents in schools. According to the most recent data from the California Department of Education, in the 2014/15 school year, the following numbers of students were sanctioned for violent incidents involving physical injury:

• 1,053 students were expelled
• 4,190 students received one or more in-school suspensions
• 37,413 students received one or more out-of-school suspensions.

The available data does not identify whether the victims of such incidents were staff members or pupils and does not identify the severity of the physical injuries suffered. The author has not provided any data on the scope of the issue that this bill is attempting to address.

Changing views on school discipline. According to the U.S. Department of Education: “teachers and students deserve school environments that are safe, supportive, and conducive to teaching and learning. Creating a supportive school climate—and decreasing suspensions and expulsions—requires close attention to the social, emotional, and behavioral needs of all students. Evidence does not show that discipline practices that remove students from instruction—such as suspensions and expulsions—help to improve either student behavior or school climate. Suspensions are associated with negative student outcomes such as lower academic performance, higher rates of dropout, failures to graduate on time, decreased academic engagement, and future disciplinary exclusion. Interventions, school-wide and individual, that use proactive, preventative approaches, address the underlying cause or purpose of the behavior, and reinforce positive behaviors, have been associated with increases in academic engagement, academic achievement, and reductions in suspensions and school dropouts.”

This bill would remove the ability of the principal or superintendent, once it is determined that expulsion is not warranted, to determine if the transfer of a student who has committed assault or battery resulting in serious bodily injury upon a school employee or contractor, is in the best interest of the student involved as well as the overall safety of the school environment for pupils and staff.

Options for involuntary transfer limited under current law. California law allows for the involuntary transfer of a pupil in only three circumstances, and in each of these, school districts must adopt policies that include specified provisions in order to implement such transfers:

• In the case of a student who is convicted of a violent felony or specified misdemeanor, the school district may transfer the pupil to another school in the school district, if the pupil convicted of the crime and the victim of the crime are enrolled at the same school. Prior to taking such actions, the school board must adopt a policy that specifies: parental notification requirements; that the school attempt to resolve the conflict before transferring a pupil; whether the decision to transfer the pupil is subject to periodic review; and the due process to be used to approve or disapprove the recommendation to transfer the pupil.
• A school district that assigns pupils to continuation schools must adopt rules and regulations governing procedures for the involuntary transfer of pupils. These include: parental notification; provision of opportunity for a meeting prior to the transfer to discuss the reasons for the proposed transfer and a review of the evidence; opportunities for periodic reviews of transfer decisions; right of return to original school; and the requirement that involuntary transfer only be imposed when other means fail to bring about pupil improvement.
• A pupil may be involuntarily transferred to a community day school upon the adoption of policies that specify that the pupil has been expelled, is on probation, or is referred to the community day school by a school attendance review board or other district level referral process.

This bill does not require the adoption of any provisions regarding parental notification, the requirement to attempt alternate means of correction, or other due process requirements.

Potential conflict with federal law for children with disabilities. Federal regulations specify that within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local education agency (LEA), parent, and relevant members of the child Individualized Education Plan (IEP) team must meet and review all relevant information to determine if the conduct was a manifestation of the child’s disability. This determination guides the placement of the student in an alternative setting, if warranted, and specifies the length of such a placement.

This bill does not address the need for consideration of the federal requirements prior to transferring a student with a disability on the grounds of assault or battery of a school employee or staff member contracted to serve pupils.

The committee may wish to consider whether the removal of the discretion from school officials and the mandate to transfer a student, regardless of the circumstances, and without the inclusion of any due process requirements, is warranted. Staff recommends the bill be amended to remove the provision requiring the transfer of a student who has committed assault and battery upon a school employee or staff member contracted to provide services to pupils.

As the author’s intent is to protect staff members and contractors at all public schools, staff recommends that the bill be amended to specify that the inclusion of staff member contracted to provide services to pupils applies to charter schools as well as regular public schools.

Arguments in support. The Peace Officers Research Association, sponsors of the bill, note that schools once exercised a zero tolerance approach to student discipline, but now overlook various offenses in order to decrease the number of suspensions and expulsions. The sponsor contends that this lack of disciplinary action leads staff to feel unsafe and to be in constant fear and thus unable to successfully serve the needs of the pupils of the school.

Arguments in opposition. Organizations in opposition to the bill note that it would roll back due process rights for all students; eliminate the many layers of discretion around expulsions in current law; contravene existing protections for students with special needs; and fail to provide an exception for students acting in self-defense. They also note that current law requires schools to address school climate and student engagement, including the handling of student discipline and encourages the reduction of the use of exclusionary disciplinary practices in favor of restorative practices and positive behavior interventions, whereas this bill would take the state back to a zero tolerance approach.

Prior and related legislation. SB 1343 (Wolk) Chapter 154, Statutes of 2016 authorizes a school district to transfer a pupil convicted of a violent felony or a specified misdemeanor to another school in the school district if the pupil and the victim of the crime are enrolled at the same school, if the governing board has adopted a policy regarding due process and notification requirements for such transfers.

AB 1729 (Ammiano), Chapter 425, Statutes of 2012 reaffirmed that superintendents and school principals have the discretion to implement alternatives to suspension and expulsion and expanded the list of other means of correction that must be implemented prior to suspension or expulsion to address most student misbehavior.

REGISTERED SUPPORT / OPPOSITION:

Support

Peace Officers Research Association of California (Sponsor)

Los Angeles County Office of Education

Opposition

American Civil Liberties Union of California

Association of California School Administrators

Public Advocates

Public Counsel

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087

 THIRD READING  

Bill No: SB 805

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 6-0, 4/26/17

AYES: Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

NO VOTE RECORDED: Allen

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: Peace Officers Research Association of California

DIGEST:

This bill requires the governing board of a school district, if a school principal or superintendent determines that a pupil, who has committed assault or battery upon a school employee or a staff member contracted to provide services to pupils, should not be recommended for expulsion or that an alternative means of correction would address the pupil’s conduct, to transfer the pupil to another school in the school district, if any, if the pupil’s conduct resulted in serious bodily injury.

ANALYSIS:

Existing law:

1. Prohibits a pupil from being suspended or recommended for expulsion unless the superintendent of the school district or the principal of the school determines that the pupil has committed certain acts, including, among other acts, all of the following:
   1. Caused, attempted to cause, or threatened to cause physical injury to another person.
   2. Willfully used force or violence upon the person of another, except in self-defense.
   3. Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, except as specified.
   4. Committed or attempted to commit robbery or extortion.
   5. Caused or attempted to cause damage to school property or private property.
   6. Committed or attempted to commit a sexual assault or committed sexual battery.
   7. Engaged in, or attempted to engage in, hazing.
   8. Engaged in an act of bullying. (Education Code § 48900)
2. States that suspension, including supervised suspension, shall be imposed only when other means of correction fail to bring about proper conduct, but authorizes a pupil, including a pupil with exceptional needs, to be suspended upon a first offense for certain acts, including causing, attempting to cause, or threatening to cause physical injury to another person and willfully using force or violence upon the person of another, except in self-defense; or if the pupil’s presence causes a danger to persons. (EC § 48900.5)
3. Requires the principal or the superintendent of schools 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 determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct. Those acts include:
   1. Causing serious physical injury to another person, except in self-defense.
   2. Possession of any knife or other dangerous object of no reasonable use to the pupil.
   3. Unlawful possession of any controlled substance, except for either of the following:
      1. The first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis.
      2. The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician.
   4. Robbery or extortion.
   5. Assault or battery, as defined in the Penal Code, upon any school employee. (EC § 48915)
4. Requires the principal or superintendent of schools 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:
   1. Possessing, selling, or otherwise furnishing a firearm, as specified.
   2. Brandishing a knife at another person.
   3. Unlawfully selling a controlled substance.
   4. Committing or attempting to commit a sexual assault committing a sexual battery.
   5. Possession of an explosive. (EC § 48900)
5. Requires the governing board of a school district to order a pupil expelled upon finding that the pupil committed an act listed in (4) and to 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.
6. Specifies that other means of correction include, but are not limited to:
   1. A conference between school personnel, the pupil’s parent or guardian, and the pupil.
   2. Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
   3. Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and his or her parents.
   4. Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a 504 plan.
   5. Enrollment in a program for teaching prosocial behavior or anger management.
   6. Participation in a restorative justice program.
   7. A positive behavior support approach with tiered interventions that occur during the schoolday on campus.
   8. After-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups.
   9. Community service, as specified. (EC §48900.5)
7. Defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240)
8. Defines battery as any willful and unlawful use of force or violence upon the person of another. (PC § 242).

This bill requires the governing board of a school district, if a school principal or superintendent determines that a pupil, who has committed assault or battery upon a school employee or a staff member contracted to provide services to pupils, should not be recommended for expulsion or that an alternative means of correction would address the pupil’s conduct, to transfer the pupil to another school in the school district, if any, if the pupil’s conduct resulted in serious bodily injury.

Comments

1. Need for the bill. According to the author, “Like students, school staff must feel safe in their work environment in order to provide student the best support as they are prepared for adulthood. If a student who assaulted or battered a school employee returns to the same school the school employees feel unsafe and do not provide the same level of support due to fear of continued violence. That same student it will label the student by their classmates as violent which will either hamper their ability to reform or empower them to continue in their violent behavior. Having a student be expelled and forced to attend a new school provides that student the opportunity to have a new start without the reputation of being a student who attacks school authority.

This bill will not only mandate the immediate suspension and recommendation for expulsion of a violent student it will extend the classification of potential victims to included staff contracted from an outside entity. As an example, most school districts are unable to fund their own School Police Departments, such as San Diego, Los Angeles, or Twin Rivers Unified School Districts, and must contract with their local municipal police or sheriff departments to provide full time School Resource Officers/Deputy. In such instances, these contracted staff members are for purposes of this section, as protected a district funded employee.”

1. Discretion. This bill eliminates the discretion for a principal or superintendent of school to determine, under the totality of the circumstances, that a pupil should remain on that campus because either it is not appropriate to recommend expulsion or other means of correction will be sufficient. Instead, for assault or battery upon any school employee or a staff member contracted to provide services to pupils that results in serious bodily injury, this bill requires that pupil to be transferred to another school within the school district, if any.
2. Required transfers. This bill requires the governing board of a school district to transfer a pupil who causes serious bodily injury. According to the most recent data available from the California Department of Education, there were 4,190 suspensions in the 2014-15 school year for violent incidents in school with physical injuries. These numbers amplify significantly to 37,413 for suspensions for violence incidents that occurred out of school. However, it is unclear what percentage of these incidents involved school employees and to what extent the injuries are serious.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, “Unknown reimbursable state mandated costs, potentially in the low hundreds of thousands in Proposition 98 General Fund, to modify the existing mandated suspension and expulsion procedures for school districts.”

SUPPORT: (Verified 5/25/17)

Peace Officers Research Association of California (source)

OPPOSITION: (Verified 5/31/17)

Alliance for Boys and Men of Color

American Civil Liberties Union of California

Association of California School Administrators

Public Advocates

Public Counsel

Prepared by:

5/31/17 15:34:39

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 805 (Galgiani) - Pupil discipline: suspensions and expulsions: assault or battery

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 25, 2017

Bill Summary:

This bill provides that if a school principal or superintendent determines that a pupil who has committed assault or battery upon a school employee should not be recommended for expulsion or that an alternative means of correction would address the pupil’s conduct, then the school district shall transfer the pupil to another school in the district.

Fiscal Impact:

Unknown reimbursable state mandated costs, potentially in the low hundreds of thousands in Proposition 98 General Fund, to modify the existing mandated suspension and expulsion procedures for school districts.

Author Amendments:

Remove the provision requiring the immediate suspension and recommended expulsion of a pupil that has committed an assault or battery upon a school employee and instead provides that

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 805 (Galgiani) - Pupil discipline: suspensions and expulsions: assault or battery

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires the immediate suspension and recommended expulsion of a pupil that the principal or the superintendent of schools determines has committed an assault or battery upon any school employee or staff member contracted to provide services to pupils.

Fiscal Impact:

Unknown reimbursable state mandated costs, likely to be at least in the low hundreds of thousands in Proposition 98 General Fund, to add assault or battery to the list of acts that trigger an immediate suspension and recommended expulsion.

Background:

Existing law prohibits a pupil from being suspended or recommended for expulsion unless the superintendent of the school district or the principal of the school determines that the pupil has committed certain acts, including, among other acts, all of the following:

1. Caused, attempted to cause, or threatened to cause physical injury to another person.
2. Willfully used force or violence upon the person of another, except in self-defense.
3. Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, except as specified.
4. Committed or attempted to commit robbery or extortion.
5. Caused or attempted to cause damage to school property or private property.
6. Committed or attempted to commit a sexual assault or committed sexual battery.
7. Engaged in, or attempted to engage in, hazing.
8. Engaged in an act of bullying.

Existing law provides that suspension, including supervised suspension, shall be imposed only when other means of correction fail to bring about proper conduct, but authorizes a pupil, including a pupil with exceptional needs, to be suspended upon a first offense for certain acts, including causing, attempting to cause, or threatening to cause physical injury to another person and willfully using force or violence upon the person of another, except in self-defense; or if the pupil’s presence causes a danger to persons.

Further, existing law requires the principal or the superintendent of schools 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 determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct. Those acts include causing serious physical injury to another person, except in self-defense, possession of any knife or other dangerous object of no reasonable use to the pupil, and unlawful possession of any controlled substance, as specified.

Existing law also requires the principal or superintendent of schools 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: possessing, selling, or otherwise furnishing a firearm, as specified; brandishing a knife at another person; unlawfully selling a controlled substance; committing or attempting to commit a sexual assault committing a sexual battery; and possession of an explosive.

Proposed Law:

This bill requires the principal or superintendent of schools to immediately suspend and to recommend expulsion of a pupil that he or she determines has committed assault or battery upon any school employee or a staff member contracted to provide services to pupils. Assault is defined as an unlawful attempt, coupled with a present ability, to commit violent injury on the person of another while battery is defined as any willful and unlawful use of force or violence upon the person of another.

Staff Comments:

Principals currently have the discretion to determine, under the totality of the circumstances, whether it is appropriate to recommend expulsion or other means of correction for assault or battery upon any school employee or staff member. This bill eliminates that discretion, and instead requires a principal to immediately suspend and recommend expulsion of these students.

By adding assault or battery to the list of acts that trigger an immediate suspension and recommended expulsion, this bill would expand an existing state mandate and potentially create additional reimbursable activities. These activities include the revision of rules and procedures to conform to state law, printing and disseminating these rules and procedures to districts and schools, and the preparation of reports to school district governing boards regarding a principal or superintendent’s recommendation to expel a student. There could also be additional expulsion hearings and proceedings regarding this new offense, which would include the preparation of the notice for hearing, providing a copy of the disciplinary rules to the student’s parent or guardian, and the opportunity for the parent or guardian to inspect and obtain copies of all documents to be used at the hearing. All activities would be reimbursable by the state. The extent of the incremental costs to the existing mandate is unknown, and would largely depend on the number of expulsions related to the new offense which is likely to be small. There could be additional costs if a student committing the offense is a special education student. At a minimum, assuming that each of the state’s 1,000 local educational agencies will update its existing rules and procedures to comply with the new law and also print and disseminate them to all school districts and school sites, reimbursable costs could be in the low hundreds of thousands in Proposition 98 General Fund. Any costs related to the expulsion hearings would be on top of this.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: SB 805 Hearing Date: April 26, 2017

Subject: Pupil discipline: suspensions and expulsions: assault or battery

SUMMARY

This bill requires the immediate suspension and recommendation for expulsion of a pupil that principal or the superintendent of schools determines has committed an assault or battery upon any school employee or staff member contracted to provide services to pupils.

BACKGROUND

Existing law:

1) Prohibits a pupil from being suspended or recommended for expulsion unless the superintendent of the school district or the principal of the school determines that the pupil has committed certain acts, including, among other acts, all of the following:

a) Caused, attempted to cause, or threatened to cause physical injury to another person.

b) Willfully used force or violence upon the person of another, except in self- defense.

c) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, except as specified.

d) Committed or attempted to commit robbery or extortion.

e) Caused or attempted to cause damage to school property or private property.

f) Committed or attempted to commit a sexual assault or committed sexual battery.

g) Engaged in, or attempted to engage in, hazing.

h) Engaged in an act of bullying. (Education Code § 48900)

2) States that suspension, including supervised suspension, shall be imposed only when other means of correction fail to bring about proper conduct, but authorizes a pupil, including a pupil with exceptional needs, to be suspended upon a first offense for certain acts, including causing, attempting to cause, or threatening to cause physical injury to another person and willfully using force or violence upon the person of another, except in self-defense; or if the pupil’s presence causes a danger to persons. (EC § 48900.5)

3) Requires the principal or the superintendent of schools 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 determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct. Those acts include:

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 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 medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician.

d) Robbery or extortion.

e) Assault or battery, as defined in the Penal Code, upon any school employee. (EC § 48915)

4) Requires the principal or superintendent of schools 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, as specified.

b) Brandishing a knife at another person.

c) Unlawfully selling a controlled substance.

d) Committing or attempting to commit a sexual assault committing a sexual battery.

e) Possession of an explosive. (EC § 48900)

5) Requires the governing board of a school district to order a pupil expelled upon finding that the pupil committed an act listed in (4) and to refer that pupil to a program of study that meets all of the following conditions:

a) Is appropriately prepared to accommodate pupils who exhibit discipline problems.

b) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school.

c) Is not housed at the schoolsite attended by the pupil at the time of suspension.

6) Specifies that other means of correction include, but are not limited to:

a) A conference between school personnel, the pupil’s parent or guardian, and the pupil.

b) Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.

c) Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and his or her parents.

d) Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a 504 plan.

e) Enrollment in a program for teaching prosocial behavior or anger management.

f) Participation in a restorative justice program.

g) A positive behavior support approach with tiered interventions that occur during the schoolday on campus.

h) After-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups.

i) Community service, as specified. (EC §48900.5)

7) Defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240)

8) Defines battery as any willful and unlawful use of force or violence upon the person of another. (PC § 242).

ANALYSIS

This bill requires the immediate suspension and recommendation for expulsion of a pupil that principal or the superintendent of schools determines has committed an assault or battery upon any school employee or staff member contracted to provide services to pupils. Specifically, this bill:

1. Deletes the authority for the principal or the superintendent of schools, for a pupil that he or she determines has committed an assault or battery upon any school employee, to determine that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct.
2. Requires the principal or superintendent of schools to immediately suspend and to recommend expulsion of a pupil that he or she determines has committed assault or battery, as defined in the Penal Code, upon any school employee or a staff member contracted to provide services to pupils.

STAFF COMMENTS

1. Need for the bill. According to the author, “Like students, school staff must feel safe in their work environment in order to provide student the best support as they are prepared for adulthood. If a student who assaulted or battered a school employee returns to the same school the school employees feel unsafe and do not provide the same level of support due to fear of continued violence. That same student it will label the student by their classmates as violent which will either hamper their ability to reform or empower them to continue in their violent behavior. Having a student be expelled and forced to attend a new school provides that student the opportunity to have a new start without the reputation of being a student who attacks school authority.”

“This bill will not only mandate the immediate suspension and recommendation for expulsion of a violent student it will extend the classification of potential victims to included staff contracted from an outside entity. As an example, most school districts are unable to fund their own School Police Departments, such as San Diego, Los Angeles, or Twin Rivers Unified School Districts, and must contract with their local municipal police or sheriff departments to provide full time School Resource Officers/Deputy. In such instances, these contracted staff members are for purposes of this section, as protected a district funded employee.”

1. Discretion. This bill eliminates the discretion for a principal or superintendent of school to determine, under the totality of the circumstances, either it is not appropriate to recommend expulsion for or that other means of correction will be effect as an alternative to expulsion. Instead, for assault or battery upon any school employee or a staff member contracted to provide services to pupils, this bill would add require expulsion regardless of the circumstances or effectiveness of alternative means.

The committee may wish to consider whether eliminating this authority and mandating expulsion provide sufficient discretion to schools?

1. How many additional expulsions? According to the most recent data available from the California Department of Education, there were 4,190 suspensions and 1,053 expulsions in the 2014-15 school year for violent incidents in school with physical injuries. For violent incidents without physical injuries in schools, which could include assaults as defined by this bill, there were 22,133 suspensions and 1,477 expulsions. These numbers amplify significantly to 37,413 (physical injury) and 154,924 (no physical injury) for suspensions for violence incidents that occurred out of school. However, it is unclear what percentage of these incidents involved school employees. The committee may wish to consider whether there is sufficient capacity in the education system to absorb the additional expulsions that could result from the bill.
2. What about assaults and batteries on other pupils. This bill limits required expulsions for assaults and batteries to assaults and batteries on school employees and staff members contracted to provide services to pupils. This bill would continue to allow principals and superintendents of schools to exercise discretion when a pupil causes serious physical injury to another pupil. The committee may wish to consider if this distinction is ramifications is appropriate. Staff recommends that the bill be amended to retain the discretion provided for in existing law but to keep the extension of including assault or battery on a staff member contracted to provide services to pupils.

SUPPORT

Peace Officers Research Association of California

OPPOSITION

Alliance for Boys and Men of Color

American Civil Liberties Union of California

Public Advocates

Public Counsel

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