AB 1165: Pupil discipline: racist bullying, harassment, or intimidation: restorative justice practice.

Existing law prohibits a pupil from being suspended from school or recommended for expulsion unless the superintendent of the school district or principal of the school determines that the pupil has committed any of various specified acts. Existing law requires suspension to only be imposed when other means of correction, including, but not limited to, participation in a restorative justice program, fail to bring about proper conduct, except that the suspension of a pupil for a first offense is authorized if the principal or superintendent of schools determines that the pupil violated one of a certain subset of those enumerated acts or that the pupils presence causes a danger to persons.

This bill would, 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, encourage 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. The bill would encourage local educational agencies to regularly check on the victim of the racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues, and would also encourage local educational agencies to require perpetrators to engage in culturally sensitive programs, as provided.