SB 805: Pupil discipline: expulsions: assault or battery: intradistrict transfers.

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.