AB 2711: Suspensions and expulsions: voluntary disclosures.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-28
Current Status:
Passed
(2024-09-28: Chaptered by Secretary of State - Chapter 840, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill prevents schools from suspending K–12 students who voluntarily tell staff they use tobacco, alcohol, drugs, or other intoxicants when they do so to seek help or support. The protection applies in both regular public schools and charter schools and only bars suspension for that disclosure alone.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
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, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
This bill would prohibit the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a controlled substance, alcohol, intoxicants of any kind, or a tobacco product, solely for that disclosure.
Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason, as specified.
This bill would prohibit the suspension of a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses, in order to seek help through services or supports, the pupils use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind, solely for that disclosure.
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, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
This bill would prohibit the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a controlled substance, alcohol, intoxicants of any kind, or a tobacco product, solely for that disclosure.
Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason, as specified.
This bill would prohibit the suspension of a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses, in order to seek help through services or supports, the pupils use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind, solely for that disclosure.
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, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
This bill would prohibit the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a controlled substance, alcohol, intoxicants of any kind, or a tobacco product, solely for that disclosure.
Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason, as specified.
This bill would prohibit the suspension of a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses, in order to seek help through services or supports, the pupils use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind, solely for that disclosure.
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, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, or (3) unlawfully possessed drug paraphernalia. Existing law requires suspension to only be imposed when other means of correction, as provided, fail to bring about proper conduct and authorizes a school district to document the other means of correction used and place that documentation in the pupils record. betel.
This bill would, commencing July 1, 2026, require specified conditions to be met before suspending a pupil, regardless of their grade of enrollment, from school on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind or (2) having possessed or used tobacco products, as defined, and would remove unlawfully possessing drug paraphernalia from the list of acts for which a pupil may be suspended. The bill would, commencing July 1, 2026, require specified conditions to be met before suspending a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, solely on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) having possessed or used tobacco products.This bill would, commencing July 1, 2026, remove those 3 acts described above from the list of acts for which a pupil, regardless of their grade of enrollment, may be recommended for expulsion for, subject to specified exceptions. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being recommended for expulsion solely on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) having possessed or used tobacco products, subject to specified exceptions.The bill would instead require a school district to document the other means of correction used before suspending a pupil, and would expressly include as another means of correction the enrollment in a substance use or mental health prevention, treatment, or services program or a tobacco cessation program. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would encourage school districts, county offices of education, and charter schools to implement, among other things, campuswide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.This bill would also make legislative findings and declarations relating to these provisions.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.This bill would prohibit the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a controlled substance, alcohol, intoxicants of any kind, or a tobacco product, solely for that disclosure.
Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason, as specified.
This bill would prohibit the suspension of a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses, in order to seek help through services or supports, the pupils use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind, solely for that disclosure.
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, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. betel, or (3) unlawfully possessed drug paraphernalia. Existing law requires suspension to only be imposed when other means of correction, as provided, fail to bring about proper conduct and authorizes a school district to document the other means of correction used and place that documentation in the pupils record.
This bill would, commencing July 1, 2026, require specified conditions to be met before suspending a pupil, regardless of their grade of enrollment, from school on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind or (2) having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. tobacco products, as defined, and would remove unlawfully possessing drug paraphernalia from the list of acts for which a pupil may be suspended. The bill would, commencing July 1, 2026, require specified conditions to be met before suspending a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, solely on the basis of those acts. (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) having possessed or used tobacco products.
This bill would, commencing July 1, 2026, remove those 3 acts described above from the list of acts for which a pupil, regardless of their grade of enrollment, may be recommended for expulsion for. for, subject to specified exceptions. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being recommended for expulsion solely on the basis of those acts. (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) having possessed or used tobacco products, subject to specified exceptions.
The bill would require instead require a school district to document the other means of correction used before suspending a pupil, and would expressly include as another means of correction the enrollment in a substance use or mental health prevention, treatment, or services program or a tobacco cessation program. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would encourage school districts, county offices of education, and charter schools to adopt, on or before July 1, 2026, a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property. The bill would require the plan to be youth informed, include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance use, and include specified protocols after an incident involving a pupil using or in possession of tobacco, a controlled substance, or alcohol on school property occurs, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. implement, among other things, campuswide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.
This bill would also make legislative findings and declarations relating to these provisions and would make conforming changes. provisions.
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 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, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
This bill would, commencing July 1, 2026, require specified conditions to be met before suspending a pupil, regardless of their grade of enrollment, from school on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind or (2) having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. The bill would, commencing July 1, 2026, require specified conditions to be met before suspending a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, solely on the basis of those acts.
This bill would, commencing July 1, 2026, remove unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind those acts described above from the list of acts for which a pupil, regardless of their grade of enrollment, may be suspended or recommended for expulsion for. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being suspended or recommended for expulsion solely on the basis of those acts.
This bill would, commencing July 1, 2026, remove having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel from the list of acts for which a pupil, regardless of their grade of enrollment, may be suspended or recommended for expulsion for. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being suspended or recommended for expulsion solely on the basis of those acts.The bill would require school districts, county offices of education, and charter schools to adopt, on or before July 1, 2026, a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property. The bill would require the plan to be youth informed, include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance use, and to require include specified protocols after an incident involving a pupil using or in possession of tobacco, a controlled substance, or alcohol on school property occurs, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would also make Legislative legislative findings and declarations relating to these provisions, make provisions and would make conforming changes, and delete obsolete provisions. changes.
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 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, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
This bill would, commencing July 1, 2026, remove unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind from the list of acts for which a pupil, regardless of their grade of enrollment, may be suspended or recommended for expulsion for. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being suspended or recommended for expulsion solely on the basis of those acts.
This bill would, commencing July 1, 2026, remove having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel from the list of acts for which a pupil, regardless of their grade of enrollment, may be suspended or recommended for expulsion for. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being suspended or recommended for expulsion solely on the basis of those acts.
The bill would require school districts, county offices of education, and charter schools to adopt, on or before July 1, 2026, a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property. The bill would require the plan to be youth informed, include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance use, and to require specified protocols after an incident involving a pupil using or in possession of tobacco, a controlled substance, or alcohol on school property occurs, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would also make Legislative findings and declarations relating to these provisions, make conforming changes, and delete obsolete provisions.
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.
A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)(1)Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)Pupils who voluntarily disclose their use of a controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)(1)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(2)Pupils who voluntarily disclose their use of a tobacco product in order to seek help through services or supports shall not be suspended solely for that disclosure.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
SEC. 2.Section 48901.1 of the Education Code is amended to read:48901.1.Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(2)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This paragraph is inoperative on July 1, 2029.
(3)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)(A)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in paragraph (1).
(B)A charter school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)(1)Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)Pupils who voluntarily disclose their use of a controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)(1)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(2)Pupils who voluntarily disclose their use of a tobacco product in order to seek help through services or supports shall not be suspended solely for that disclosure.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
SEC. 2.Section 48901.1 of the Education Code is amended to read:48901.1.Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(2)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This paragraph is inoperative on July 1, 2029.
(3)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)(A)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in paragraph (1).
(B)A charter school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)(1)Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)Pupils who voluntarily disclose their use of a controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)(1)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(2)Pupils who voluntarily disclose their use of a tobacco product in order to seek help through services or supports shall not be suspended solely for that disclosure.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
SEC. 2.Section 48901.1 of the Education Code is amended to read:48901.1.Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(2)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision paragraph is inoperative on July 1, 2029.
(3)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)(A)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in paragraph (1).
(B)A charter school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)(1)Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)Pupils who voluntarily disclose their use of a controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)(1)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(2)Pupils who voluntarily disclose their use of a tobacco product in order to seek help through services or supports shall not be suspended solely for that disclosure.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
SEC. 2.Section 48901.1 of the Education Code is amended to read:48901.1.Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(b)(2)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(c)(3)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(d)(1)(4)(A)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts enumerated described in paragraph (1).
(2)(B)A charter school administrator shall, within five business days, document the actions taken pursuant to paragraph (1) subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
All matter omitted in this version of the bill appears in the bill as amended in the Assembly, April 29, 2024. (JR11)(a)The Legislature finds and declares all of the following:
(1)According to a 201719 survey of California public school pupils, 7 percent of 7th graders, 15 percent of 9th graders, 23 percent of 11th graders, and 29 percent of pupils in nontraditional programs used alcohol or drugs in the previous 30 days.
(2)Youth alcohol, tobacco, and other drug use is a significant public health concern linked to a wide range of academic, social, and health problems.
(3)Fentanyl was responsible for one in five deaths among Californians 15 to 24 years of age, inclusive, in 2021.
(4)Adolescent substance use is highly predictive of adult substance use disorders because the adolescent brain is still developing making it more susceptible to addiction.
(5)Research notes that high feelings of school connectedness can decrease drug use, and data indicates that pupils who reported low levels of school connectedness were more likely to use drugs or alcohol.
(6)Over 60 percent of drug-related suspensions are of boys, over 75 percent are of socioeconomically disadvantaged pupils, and 59 percent are of youth of color.
(b)Therefore, it is the intent of the Legislature to do all of the following:
(1)Provide teachers and school administrators with the means to foster safe and supportive learning environments for all children in California.
(2)Reduce the number of suspensions and expulsions experienced by pupils due to illicit drug use and possession in schools.
(3)Require local educational agencies to take a supportive approach when dealing with pupils who use or possess drugs on campus.
(4)Ensure that pupils who transfer between multiple classrooms, taught by multiple teachers, be allowed to attend all remaining classes from which they have not been removed for disciplinary reasons.
SEC. 2.Section 48900 of the Education Code is amended to read:48900.A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
(x)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 3.Section 48900 is added to the Education Code, to read:48900.A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)(1)Unlawfully sold or otherwise furnished a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)(A)(i)Unlawfully possessed, used, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, subject to the requirements of subdivision (x). this subparagraph.
(ii)A pupil shall be offered access to available supportive interventions, which may include, but are not limited to, other means of correction as identified in subdivision (b) of Section 48900.5, before suspending a pupil on the basis of an act described in clause (i). If documented unsuccessful supportive interventions fail to bring about proper conduct, a pupil may be suspended for those acts.
(iii)If it is determined that a pupils unlawful possession of a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code presents an imminent risk of harm to other pupils or school staff, a pupil may be suspended for that act without complying with clause (ii).
(B)A Except as provided in Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, shall not be recommended for expulsion for any of the acts specified in clause (i) of subparagraph (A).
(3)Pupils who disclose their use of a controlled substance, alcohol, or an intoxicant of any kind when seeking help through services or supports shall not be suspended solely for that disclosure.
(4)This subdivision does not restrict the ability of a school to remove a pupil from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind.
(5)This subdivision does not prohibit the use or possession by a pupil of the pupils own prescription products.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)(1)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, subject to the requirements of subdivision (x). However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products. tobacco products, as defined in Section 22950.5 of the Business and Professions Code, subject to the requirements of paragraph (2).
(2)A pupil shall be offered access to available supportive interventions, which may include, but are not limited to, other means of correction as identified in subdivision (b) of Section 48900.5, before suspending a pupil on the basis of an act described in paragraph (1).
(2)(3)A pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, shall not be recommended for expulsion for any of the acts specified in paragraph (1).
(4)Pupils who disclose their use of a tobacco product when seeking help through services or supports shall not be suspended solely for that disclosure.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
(x)(1)A pupil shall be provided with two opportunities for supportive interventions in accordance with the plan adopted pursuant to Section 48901.2 before suspending a pupil on the basis of an act described in paragraph (2) of subdivision (c) or subdivision (h). After two documented unsuccessful interventions, a pupil may be suspended for those acts.(2)Nothing in this subdivision shall restrict the ability of a school to remove a pupil from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind provided that the pupil is excused due to illness.(y)(x)This section shall become operative on July 1, 2026.
SEC. 4.Section 48900.5 of the Education Code is amended to read:48900.5.(a)Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may shall document the other means of correction used and place that documentation in the pupils record, which may be accessed pursuant to Section 49069.7. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupils presence causes a danger to persons.
(b)Other means of correction include, but are not limited to, the following:
(1)A conference between school personnel, the pupils 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 the pupils parents.
(4)Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)).
(5)Enrollment in a any of the following:
(A)A program for teaching prosocial behavior or anger management.
(B)A substance use or mental health prevention, treatment, or services program.
(C)A tobacco cessation program.
(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)Any of the alternatives described in Section 48900.6.
(c)For a pupil who has been suspended, or for whom other means of correction have been implemented pursuant to subdivision (b), for an incident of racist bullying, harassment, or intimidation, local educational agencies are encouraged 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. Local educational agencies are encouraged to regularly check on the victim of racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues. Local educational agencies are encouraged to require perpetrators to engage in culturally sensitive programs that promote racial justice and equity and combat racism and ignorance.
SEC. 4.SEC. 5.Section 48901.1 of the Education Code is amended to read:48901.1.(a)Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(2)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(3)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)(A)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in paragraph (1).
(B)A charter school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 5.SEC. 6.Section 48901.1 is added to the Education Code, to read:48901.1.Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(b)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(c)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in subdivision (a). This subdivision is inoperative on July 1, 2029.
(d)(1)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in subdivision (a).
(2)A charter school administrator shall, within five business days, document the actions taken pursuant to paragraph (1) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(e)(1)A Except as provided in paragraph (3), a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, shall not be recommended for expulsion suspended solely on the basis of either of the following: following, unless available supportive interventions, which may include, but are not limited to, substance use or mental health prevention, treatment, or services programs or tobacco cessation programs, have been offered to the pupil and have failed to bring about proper conduct:
(A)Having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. tobacco products, as defined in Section 22950.5 of the Business and Professions Code.
(B)Having unlawfully possessed, used, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)Before suspending a pupil on the basis of an act described in subparagraph (A) or (B) of paragraph (1), the pupil shall be provided with two opportunities for supportive interventions in accordance with the plan adopted pursuant to Section 48901.2. After two documented unsuccessful interventions, a pupil may be suspended for those acts.(3)Nothing in this subdivision shall(2)Except as provided in paragraph (3), a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, shall not be recommended for expulsion solely on the basis of the acts described in subparagraph (A) or (B) of paragraph (1).
(3)If it is determined that a pupils unlawful possession of a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code presents an imminent risk of harm to other pupils or school staff, a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, may be suspended or recommended for expulsion for that act.
(4)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind when seeking help through services or supports shall not be suspended solely for that disclosure.
(5)This subdivision does not restrict the ability of a charter school to remove a pupil from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind provided that the pupil is excused due to illness. kind.
(f)This section shall become operative on July 1, 2026.
SEC. 6.Section 48901.2 is added to the Education Code, to read:48901.2.(a)On or before July 1, 2026, each local educational agency shall adopt a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property. The plan shall be consistent with all of the following requirements:(1)The plan shall be youth informed and include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance use.(2)The plan shall be made in consultation with the appropriate staff, which may include school staff, youth behavioral health staff, the county office of education, community-based organizations, health providers, local child welfare agencies, institutions of higher education, businesses, clinical experts, managed care plans, county behavioral health departments or other public and private entities, to discuss appropriate supports and interventions for pupils, including the use of prevention and intervention planning, implementation, and evaluation for pupils.(3)The plan shall include all of the following protocols after an incident involving a pupil using or in possession of tobacco, a controlled substance, or alcohol on school property occurs:(A)(i)The school principal or their designee shall consult with the pupil and the pupils parents or legal guardians.(ii)A parent or legal guardians unwillingness to consult shall not prevent the school from attempting to move forward with interventions and support for the pupil.(iii)Pupils who disclose their use of tobacco, a controlled substance, or alcohol or when seeking help for services or supports shall not be disciplined for that disclosure.(B)After collaboration with the pupil, the pupils parents or legal guardians, and internal and external staff, the school principal or their designee shall select or refer, with the pupils consent, the appropriate supports and interventions, which may include prevention and intervention programs and activities to support the pupil, including, but not limited to, any of the following:(i)School-based and school-linked mental health services, including early identification of drug use and referrals to counseling services or partnerships with public or private health care entities that have qualified mental and behavioral health professionals.(ii)Academic intervention and mentoring within the community.(iii)A physical health assessment.(iv)After school programs.(v)Other appropriate community resources.(4)The plan shall require the school principal or their designee, in conjunction with relevant teachers and school staff, to document and record confirmation of the pupils receipt of the selected prevention or intervention programs and supports, including any internal or external supports or interventions, and any care coordination support.(5)(A)After four to six weeks, the principal or their designee shall review the plan with the pupil and the pupils parents or legal guardians to assess the extent to which each goal has been met. Based on this review, the school principal or their designee, with the pupils consent and consistent with Section 6924 of the Family Code and Section 124260 of the Health and Safety Code, shall decide whether to maintain, intensify, or phase out the interventions or supports. The pupil and the pupils parents or legal guardians shall be informed in writing of progress and any changes made to intervention plans.(B)If a pupils parents or legal guardians did not participate in the pupils initial consultation pursuant to clause (i) of subparagraph (A) of paragraph (3), a school may determine whether it is appropriate to include those parents or legal guardians in reviewing the pupils plan pursuant to this paragraph.(b)To best inform their policies, schools shall maintain records on the number of times the protocols required by this section were initiated during a school year and each of the following for each pupil:(1)The outcome.(2)Age.(3)Sex.(4)Race and ethnicity.(5)Foster youth status.(6)Home language.(c)Local educational agencies are encouraged to implement all of the following:(1)Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. This training shall include best practices that are socially and culturally relevant and trauma informed.(2)Evidence-based drug prevention activities and programs that educate on the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.(3)Campuswide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.(d)For purposes of this section, the following definitions apply:(1)Controlled substance means a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.(2)Local educational agency means a school district, county office of education, or charter school.(e)This section does not affect a parents or legal guardians rights relating to the care, custody, and control of their minor child.SEC. 7.Section 48901.2 is added to the Education Code, to read:48901.2.(a)School districts, county offices of education, and charter schools are encouraged to implement all of the following:
(1)Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. This training shall include best practices that are socially and culturally relevant and trauma informed.
(2)Evidence-based drug prevention activities and programs that educate on the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.
(3)Campuswide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.
(b)This section does not affect a parents or legal guardians rights relating to the care, custody, and control of their minor child.
SEC. 7.SEC. 8.Section 48915 of the Education Code is amended to read:48915.(a)(1)Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following 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:
(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 listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, 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 Sections 240 and 242 of the Penal Code, upon any school employee.
(2)If the principal or the superintendent of schools makes a determination as described in paragraph (1), the principal or superintendent of schools is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.
(b)Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts 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 the principal or superintendent of schools 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. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.
(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)Possession of an explosive.
(d)The governing board of a school district 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 or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district 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 of a school district 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.
(h)As used in this section, the term explosive means destructive device as described in Section 921 of Title 18 of the United States Code.
(i)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 8.SEC. 9.Section 48915 is added to the Education Code, to read:48915.(a)(1)Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following 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:
(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 listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code if it is determined that a pupils unlawful possession presents an imminent risk of harm to other pupils or school staff, 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.
(C)(D)Robbery or extortion.
(D)(E)Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.
(2)If the principal or the superintendent of schools makes a determination as described in paragraph (1), the principal or superintendent is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.
(b)Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts 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 the principal or superintendent 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. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.
(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)Possession of an explosive.
(d)The governing board of a school district 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 or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district 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), (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 of a school district 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.
(h)As used in this section, the term explosive means destructive device as described in Section 921 of Title 18 of the United States Code.
(i)This section shall become operative on July 1, 2026.
SEC. 9.SEC. 10.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.
(a)The Legislature finds and declares all of the following:
(1)According to a 20172019 201719 survey of California public school pupils, 7 percent of 7th graders, 15 percent of 9th graders, 23 percent of 11th graders, and 29 percent of pupils in nontraditional programs used alcohol or drugs in the previous 30 days.
(2)Youth alcohol, tobacco, and other drug use is a significant public health concern linked to a wide range of academic, social, and health problems.
(3)Fentanyl was responsible for one in five deaths among Californians 15 to 24 years of age, inclusive, in 2021.
(4)Adolescent substance use is highly predictive of adult substance use disorders because the adolescent brain is still developing making it more susceptible to addiction.
(5)Research notes that high feelings of school connectedness can decrease drug use, and data indicates that pupils who reported low levels of school connectedness were more likely to use drugs or alcohol.
(6)Over 60 percent of drug-related suspensions are of boys, over 75 percent are of socioeconomically disadvantaged pupils, and 59 percent are of youth of color.
(b)Therefore, it is the intent of the Legislature to do all of the following:
(1)Provide teachers and school administrators with the means to foster safe and supportive learning environments for all children in California.
(2)Reduce the number of suspensions and expulsions experienced by pupils due to illicit drug use and possession in schools.
(3)Require local educational agencies to take a public health supportive approach when dealing with pupils who use or possess drugs on campus.
(4)Ensure that pupils who transfer between multiple classrooms, taught by multiple teachers, be allowed to attend all remaining classes from which they have not been removed for disciplinary reasons.
SEC. 2.Section 48900 of the Education Code is amended to read:48900.A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
(x)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 3.Section 48900 is added to the Education Code, to read:48900.A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)(1)Unlawfully sold or otherwise furnished a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)(A)Unlawfully possessed, used, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, subject to the requirements of subdivision (x).
(B)A pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, shall not be recommended for expulsion for any of the acts specified in subparagraph (A).
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)[Reserved] (1)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, subject to the requirements of subdivision (x). However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(2)A pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, shall not be recommended for expulsion for any of the acts specified in paragraph (1).
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
(x)(1)A pupil shall be provided with two opportunities for supportive interventions in accordance with the plan adopted pursuant to Section 48901.2 before suspending a pupil on the basis of an act described in paragraph (2) of subdivision (c) or subdivision (h). After two documented unsuccessful interventions, a pupil may be suspended for those acts.
(2)Nothing in this subdivision shall restrict the ability of a school to remove a pupil from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind provided that the pupil is excused due to illness.
(x)(y)This section shall become operative on July 1, 2026.
SEC. 4.Section 48901.1 of the Education Code is amended to read:48901.1.(a)Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(2)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(3)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)(A)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in paragraph (1).
(B)A charter school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 5.Section 48901.1 is added to the Education Code, to read:48901.1.Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(b)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(c)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in subdivision (a). This subdivision is inoperative on July 1, 2029.
(d)(1)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in subdivision (a).
(2)A charter school administrator shall, within five business days, document the actions taken pursuant to paragraph (1) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(e)(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, shall not be suspended or recommended for expulsion solely on the basis of either of the following:
(1)(A)Having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
(2)(B)Having unlawfully possessed, used, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(2)Before suspending a pupil on the basis of an act described in subparagraph (A) or (B) of paragraph (1), the pupil shall be provided with two opportunities for supportive interventions in accordance with the plan adopted pursuant to Section 48901.2. After two documented unsuccessful interventions, a pupil may be suspended for those acts.
(3)Nothing in this subdivision shall restrict the ability of a charter school to remove a pupil from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind provided that the pupil is excused due to illness.
(f)This section shall become operative on July 1, 2026.
SEC. 6.Section 48901.2 is added to the Education Code, to read:48901.2.(a)On or before July 1, 2026, each local educational agency shall adopt a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property. The plan shall be consistent with all of the following requirements:
(1)(A)The plan shall be youth informed and include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance use.
(B)Local educational agencies shall make a good faith effort to adopt a plan that is youth informed.(2)The plan shall be made in consultation with the appropriate staff, which may include school staff, youth behavioral health staff, the county office of education, community-based organizations, health providers, local child welfare agencies, institutions of higher education, businesses, clinical experts, managed care plans, county behavioral health departments or other public and private entities, to discuss appropriate supports and interventions for pupils, including the use of prevention and intervention planning, implementation, and evaluation for pupils.
(2)(3)The plan shall include all of the following protocols after an incident involving a pupil using or in possession of tobacco, a controlled substance, or alcohol on school property occurs:
(A)(i)The school principal or their designee shall consult with the pupil and the pupils parents or legal guardians.
(ii)A parent or legal guardians unwillingness to consult shall not prevent the school from attempting to move forward with interventions and support for the pupil.
(iii)Pupils who disclose their use of tobacco, a controlled substance, or alcohol or when seeking help for services or supports shall not be disciplined for that disclosure.
(B)(i)Consistent with the requirements of the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), Article 5 (commencing with Section 49073) of Chapter 6.5 of this code, Section 6924 of the Family Code, and Section 124260 of the Health and Safety Code, the school principal or their designee shall convene the appropriate internal and external staff, as determined by the school principal or their designee, including school staff, youth behavioral health staff, the county office of education, community-based organizations, health providers, local child welfare agencies, institutions of higher education, businesses, clinical experts, and other public and private entities, to discuss appropriate supports and interventions for the pupil, including the use of prevention and intervention planning, implementation, and evaluation for the pupil.(ii)(B)After collaboration with the pupil, the pupils parents or legal guardians, and internal and external staff, the school principal or their designee shall select, select or refer, with the pupils consent, the appropriate supports and interventions, which may include prevention and intervention programs and activities to support the pupil, including, but not limited to, any of the following:
(I)Evidence-based drug prevention activities and programs that educate against the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.(II)Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. This training shall include best practices that are socially and culturally relevant and trauma informed.(III)(i)School-based and school-linked mental health services, including early identification of drug use and referrals to counseling services or partnerships with public or private health care entities that have qualified mental and behavioral health professionals.
(IV)Programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.(V)A critical participatory action research project to fully understand the effects of drug use and its impact on others. This research project shall culminate in an end-of-term research presentation at a symposium to which prevention and intervention organizations, care providers, professionals, families, staff, and peers are invited, the purpose of which is to foster a community of collective learning and teaching and to stimulate personal and collective growth through self-reflection.(VI)(ii)Academic intervention and mentoring within the community.
(VII)(iii)A physical health assessment.
(VIII)(iv)After school programs.
(IX)(v)Other appropriate community resources.
(3)(4)The plan shall require the school principal or their designee, in conjunction with relevant teachers and school staff, to document and record confirmation of the pupils receipt of the selected prevention or intervention programs and supports, including any internal or external supports or interventions, and any care coordination support.
(4)(A)The plan shall require the supports and interventions to be implemented for a minimum of 4 to 6 weeks, inclusive, from the date of the incident.(B)(5)(A)After the 4 to 6 four to six weeks, inclusive, of implementation, the principal or their designee shall review the plan with the pupil and, if available, and the pupils parents or legal guardians to assess the extent to which each goal has been met. Based on this review, the school principal or their designee, with the pupils consent and consistent with Section 6924 of the Family Code and Section 124260 of the Health and Safety Code, shall decide whether to maintain, intensify, or phase out the interventions or supports. Additional interventions shall be implemented, consistent with the requirements of this section, if the first intervention is not successful. The pupil and the pupils parents or legal guardians shall be informed in writing of progress and any changes made to intervention plans.
(B)If a pupils parents or legal guardians did not participate in the pupils initial consultation pursuant to clause (i) of subparagraph (A) of paragraph (3), a school may determine whether it is appropriate to include those parents or legal guardians in reviewing the pupils plan pursuant to this paragraph.
(b)The school principal or designee To best inform their policies, schools shall maintain records and shall annually report to the department on the number of times the protocols required by this section were initiated during a school year and each of the following for each pupil:
(1)The outcome.
(2)Age.
(3)Sex.
(4)Race and ethnicity.
(5)Foster youth status.
(6)Home language.
(c)Local educational agencies are encouraged to implement all of the following:
(1)Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. This training shall include best practices that are socially and culturally relevant and trauma informed.
(2)Evidence-based drug prevention activities and programs that educate on the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.
(3)Campuswide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.
(c)(d)For purposes of this section, the following definitions apply:
(1)Controlled substance means a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
(2)Local educational agency means a school district, county office of education, or charter school.
(d)(e)This section does not affect a parents or legal guardians rights relating to the care, custody, and control of their minor child.
SEC. 7.Section 48915 of the Education Code is amended to read:48915.(a)(1)Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following 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:
(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 listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, 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 Sections 240 and 242 of the Penal Code, upon any school employee.
(2)If the principal or the superintendent of schools makes a determination as described in paragraph (1), the principal or superintendent of schools is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.
(b)Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts 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 the principal or superintendent of schools 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. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.
(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)Possession of an explosive.
(d)The governing board of a school district 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 or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district 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 of a school district 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.
(h)As used in this section, the term explosive means destructive device as described in Section 921 of Title 18 of the United States Code.
(i)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 8.Section 48915 is added to the Education Code, to read:48915.(a)(1)Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following 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:
(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)Robbery or extortion.
(D)Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.
(2)If the principal or the superintendent of schools makes a determination as described in paragraph (1), the principal or superintendent is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.
(b)Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts 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 the principal or superintendent 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. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.
(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)Possession of an explosive.
(d)The governing board of a school district 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 or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district 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), (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 of a school district 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.
(h)As used in this section, the term explosive means destructive device as described in Section 921 of Title 18 of the United States Code.
(i)This section shall become operative on July 1, 2026.
SEC. 9.Section 49079 of the Education Code is amended to read:49079.(a)A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.(b)A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity.(c)An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.(d)The information provided shall be from the previous three school years.(e)Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.(f)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.SEC. 10.Section 49079 is added to the Education Code, to read:49079.(a)A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.(b)A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity.(c)An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.(d)The information provided shall be from the previous three school years.(e)Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.(f)This section shall become operative on July 1, 2026.SEC. 11.SEC. 9.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.
(a)The Legislature finds and declares all of the following:
(1)According to a 20172019 survey of California public school pupils, 7 percent of 7th graders, 15 percent of 9th graders, 23 percent of 11th graders, and 29 percent of pupils in nontraditional programs used alcohol or drugs in the previous 30 days.
(2)Youth alcohol, tobacco, and other drug use is a significant public health concern linked to a wide range of academic, social, and health problems.
(3)Fentanyl was responsible for one in five deaths among Californians 15 to 24 years of age, inclusive, in 2021.
(4)Adolescent substance use is highly predictive of adult substance use disorders because the adolescent brain is still developing making it more susceptible to addiction.
(5)Research notes that high feelings of school connectedness can decrease drug use, and data indicates that pupils who reported low levels of school connectedness were more likely to use drugs or alcohol.
(6)Over 60 percent of drug-related suspensions are of boys, over 75 percent are of socioeconomically disadvantaged pupils, and 59 percent are of youth of color.
(b)Therefore, it is the intent of the Legislature to do all of the following:
(1)Provide teachers and school administrators with the means to foster safe and supportive learning environments for all children in California.
(2)Reduce the number of suspensions and expulsions experienced by pupils due to illicit drug use and possession in schools.
(3)Require local educational agencies to take a public health approach when dealing with pupils who use or possess drugs on campus.
(4)Ensure that pupils who transfer between multiple classrooms, taught by multiple teachers, be allowed to attend all remaining classes from which they have not been removed for disciplinary reasons.
SEC. 2.Section 48900 of the Education Code is amended to read:48900.A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupils own prescription products.
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
(x)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 3.Section 48900 is added to the Education Code, to read:48900.A pupil shall not be 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 as defined pursuant to any of subdivisions (a) to (r), inclusive:
(a)(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.
(b)Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c)Unlawfully sold or otherwise furnished a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d)Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e)Committed or attempted to commit robbery or extortion.
(f)Caused or attempted to cause damage to school property or private property.
(g)Stole or attempted to steal school property or private property.
(h)[Reserved]
(i)Committed an obscene act or engaged in habitual profanity or vulgarity.
(j)Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code.
(k)(1)Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.
(2)Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(3)Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(4)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029.
(5)(A)A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1).
(B)A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(l)Knowingly received stolen school property or private property.
(m)Possessed an imitation firearm. As used in this section, imitation firearm means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm.
(n)Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code.
(o)Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both.
(p)Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q)Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, hazing means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, hazing does not include athletic events or school-sanctioned events.
(r)Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings:
(1)Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following:
(A)Placing a reasonable pupil or pupils in fear of harm to that pupils or those pupils person or property.
(B)Causing a reasonable pupil to experience a substantially detrimental effect on the pupils physical or mental health.
(C)Causing a reasonable pupil to experience substantial interference with the pupils academic performance.
(D)Causing a reasonable pupil to experience substantial interference with the pupils ability to participate in or benefit from the services, activities, or privileges provided by a school.
(2)(A)Electronic act means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(i)A message, text, sound, video, or image.
(ii)A post on a social network internet website, including, but not limited to:
(I)Posting to or creating a burn page. Burn page means an internet website created for the purpose of having one or more of the effects listed in paragraph (1).
(II)Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). Credible impersonation means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III)Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). False profile means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile.
(iii)(I)An act of cyber sexual bullying.
(II)For purposes of this clause, cyber sexual bullying means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act.
(III)For purposes of this clause, cyber sexual bullying does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities.
(B)Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3)Reasonable pupil means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupils exceptional needs.
(s)A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following:
(1)While on school grounds.
(2)While going to or coming from school.
(3)During the lunch period whether on or off the campus.
(4)During, or while going to or coming from, a school-sponsored activity.
(t)A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a).
(u)As used in this section, school property includes, but is not limited to, electronic files and databases.
(v)For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupils specific misbehavior as specified in Section 48900.5.
(w)(1)A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
(2)It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community.
(x)This section shall become operative on July 1, 2026.
SEC. 4.Section 48901.1 of the Education Code is amended to read:48901.1.(a)Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)(1)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(b)(2)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(c)(3)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(d)(1)A(4)(A)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts enumerated described in paragraph (1).
(2)(B)A charter school administrator shall, within five business days, document the actions taken pursuant to paragraph (1) subparagraph (A) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 5.Section 48901.1 is added to the Education Code, to read:48901.1.Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:
(a)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(b)A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(c)Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in subdivision (a). This subdivision is inoperative on July 1, 2029.
(d)(1)A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in subdivision (a).
(2)A charter school administrator shall, within five business days, document the actions taken pursuant to paragraph (1) and place that documentation in the pupils record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(e)A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, shall not be suspended or recommended for expulsion solely on the basis of either of the following:
(1)Having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
(2)Having unlawfully possessed, used, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(f)This section shall become operative on July 1, 2026.
SEC. 6.Section 48901.2 is added to the Education Code, to read:48901.2.(a)On or before July 1, 2026, each local educational agency shall adopt a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property. The plan shall be consistent with all of the following requirements:
(1)(A)The plan shall be youth informed and include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance use.
(B)Local educational agencies shall make a good faith effort to adopt a plan that is youth informed.
(2)The plan shall include all of the following protocols after an incident involving a pupil using or in possession of tobacco, a controlled substance, or alcohol on school property occurs:
(A)(i)The school principal or their designee shall consult with the pupil and the pupils parents or legal guardians.
(ii)A parent or legal guardians unwillingness to consult shall not prevent the school from attempting to move forward with interventions and support for the pupil.
(iii)Pupils who disclose their use of tobacco, a controlled substance, or alcohol or when seeking help for services or supports shall not be disciplined for that disclosure.
(B)(i)Consistent with the requirements of the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), Article 5 (commencing with Section 49073) of Chapter 6.5 of this code, Section 6924 of the Family Code, and Section 124260 of the Health and Safety Code, the school principal or their designee shall convene the appropriate internal and external staff, as determined by the school principal or their designee, including school staff, youth behavioral health staff, the county office of education, community-based organizations, health providers, local child welfare agencies, institutions of higher education, businesses, clinical experts, and other public and private entities, to discuss appropriate supports and interventions for the pupil, including the use of prevention and intervention planning, implementation, and evaluation for the pupil.
(ii)After collaboration with the pupil, the pupils parents or legal guardians, and internal and external staff, the school principal or their designee shall select, with the pupils consent, the appropriate supports and interventions, which may include prevention and intervention programs and activities to support the pupil, including, but not limited to, any of the following:
(I)Evidence-based drug prevention activities and programs that educate against the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.
(II)Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. This training shall include best practices that are socially and culturally relevant and trauma informed.
(III)School-based and school-linked mental health services, including early identification of drug use and referrals to counseling services or partnerships with public or private health care entities that have qualified mental and behavioral health professionals.
(IV)Programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.
(V)A critical participatory action research project to fully understand the effects of drug use and its impact on others. This research project shall culminate in an end-of-term research presentation at a symposium to which prevention and intervention organizations, care providers, professionals, families, staff, and peers are invited, the purpose of which is to foster a community of collective learning and teaching and to stimulate personal and collective growth through self-reflection.
(VI)Academic intervention and mentoring within the community.
(VII)A physical health assessment.
(VIII)After school programs.
(IX)Other appropriate community resources.
(3)The plan shall require the school principal or their designee, in conjunction with relevant teachers and school staff, to document the selected prevention or intervention programs and supports, including any internal or external supports or interventions, and any care coordination support.
(4)(A)The plan shall require the supports and interventions to be implemented for a minimum of 4 to 6 weeks, inclusive, from the date of the incident.
(B)After the 4 to 6 weeks, inclusive, of implementation, the principal or their designee shall review the plan with the pupil and, if available, the pupils parents or legal guardians to assess the extent to which each goal has been met. Based on this review, the school principal or their designee, with the pupils consent and consistent with Section 6924 of the Family Code and Section 124260 of the Health and Safety Code, shall decide whether to maintain, intensify, or phase out the interventions or supports. Additional interventions shall be implemented, consistent with the requirements of this section, if the first intervention is not successful. The pupil and the pupils parents or legal guardians shall be informed in writing of progress and any changes made to intervention plans.
(b)The school principal or designee shall maintain records and shall annually report to the department the number of times the protocols required by this section were initiated during a school year and each of the following for each pupil:
(1)The outcome.
(2)Age.
(3)Sex.
(4)Race and ethnicity.
(5)Foster youth status.
(6)Home language.
(c)For purposes of this section, the following definitions apply:
(1)Controlled substance means a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
(2)Local educational agency means a school district, county office of education, or charter school.
(d)This section does not affect a parents or legal guardians rights relating to the care, custody, and control of their minor child.
SEC. 7.Section 48915 of the Education Code is amended to read:48915.(a)(1)Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following 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:
(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 listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, 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 Sections 240 and 242 of the Penal Code, upon any school employee.
(2)If the principal or the superintendent of schools makes a determination as described in paragraph (1), he or she the principal or superintendent of schools is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.
(b)Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts 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 the principal or superintendent of schools 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. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.
(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)Possession of an explosive.
(d)The governing board of a school district 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 or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district 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 of a school district 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.
(h)As used in this section, the term explosive means destructive device as described in Section 921 of Title 18 of the United States Code.
(i)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 8.Section 48915 is added to the Education Code, to read:48915.(a)(1)Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following 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:
(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)Robbery or extortion.
(D)Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee.
(2)If the principal or the superintendent of schools makes a determination as described in paragraph (1), the principal or superintendent is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time.
(b)Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts 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 the principal or superintendent 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. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.
(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)Possession of an explosive.
(d)The governing board of a school district 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 or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district 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), (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 of a school district 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.
(h)As used in this section, the term explosive means destructive device as described in Section 921 of Title 18 of the United States Code.
(i)This section shall become operative on July 1, 2026.
SEC. 9.Section 49079 of the Education Code is amended to read:49079.(a)A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.
(b)A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity.
(c)An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(d)For the 199495 school year, the information provided shall be from the previous two school years. For the 199697 school year and each school year thereafter, the The information provided shall be from the previous three school years.
(e)Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.
(f)This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.
SEC. 10.Section 49079 is added to the Education Code, to read:49079.(a)A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section.
(b)A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity.
(c)An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(d)The information provided shall be from the previous three school years.
(e)Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.
(f)This section shall become operative on July 1, 2026.
SEC. 11.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.
|
Date
|
Status
|
|---|---|
| Sep 28, 2024 | Chaptered by Secretary of State - Chapter 840, Statutes of 2024. |
| Sep 28, 2024 | Approved by the Governor. |
| Sep 11, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 29, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 9.). |
| Aug 29, 2024 | Assembly Rule 77 suspended. |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 6.). |
| Aug 22, 2024 | Read second time. Ordered to third reading. |
| Aug 21, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 5. Noes 2.) (August 15). |
| Aug 5, 2024 | In committee: Referred to APPR suspense file. |
| Jul 3, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 3, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 3). |
| Jun 5, 2024 | Referred to Com. on ED. |
| May 23, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 8. Page 5500.) |
| May 20, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | Joint Rule 62(a), file notice suspended. (Page 5215.) |
| May 16, 2024 | From committee: Do pass. (Ayes 11. Noes 3.) (May 16). |
| May 15, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 30, 2024 | Re-referred to Com. on APPR. |
| Apr 29, 2024 | Read second time and amended. |
| Apr 25, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 24). |
| Apr 16, 2024 | Re-referred to Com. on ED. |
| Apr 15, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 22, 2024 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 4, 2024 | Referred to Com. on ED. |
| Feb 15, 2024 | From printer. May be heard in committee March 16. |
| Feb 14, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2024 | AB 2711 Ramos Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 28, 2024 | Assembly 3rd Reading AB2711 Ramos By Glazer | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 5, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 22, 2024 | AB 2711 Ramos Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aclu California Action | ** Support | |
| Aldea Children & Family Services | ** Support | |
| Alliance for Children's Rights | ** Support | |
| American Cancer Society Cancer Action Network Inc. | ** Support | |
| American Heart Association | ** Support | |
| American Lung Association in California | ** Support | |
| Association Of Community Human Service Agencies | ** Support | |
| California Academy of Child and Adolescent Psychiatry | ** Support | |
| California Alliance of Caregivers | ** Support | |
| California Alliance Of Child And Family Services | ** Support | |
| California Association of Alcohol and Drug Program Executives | ** Support | |
| California Coalition For Youth | ** Support | |
| California Community Foundation | ** Support | |
| California Consortium for Urban Indian Health | ** Support | |
| California Consortium of Addiction Programs and Professionals | ** Support | |
| California Federation Of Teachers | ** Support | |
| California Public Defenders Association | ** Support | |
| California School-Based Health Alliance | ** Support | |
| California State PTA | ** Support | |
| California Youth Empowerment Network | ** Support | |
| Casa de Amparo | ** Support | |
| Children Now | ** Support | |
| ChildrenS Institute | ** Support | |
| City Of Greenfield | * Support | Apr 24, 2024 |
| Communities United for Restorative Youth Justice | ** Support | |
| Community Solutions for Children, Families, and Individuals | ** Support | |
| County Health Executives Association Of California | ** Support | |
| Didi Hirsch Mental Health Services | * Support | Apr 24, 2024 |
| Disability Rights California | * Support | Apr 24, 2024 |
| Drug Policy Alliance | * Support | Apr 24, 2024 |
| Family Assistance Program | * Support | Apr 24, 2024 |
| Fred Finch Youth and Family Services | ** Support | |
| Helpline Youth Counseling | ** Support | |
| Helpline Youth Counseling, INC. | ** Support | |
| Hillsides Pasadena | ** Support | |
| Kern County Superintendent of Schools Office | ** Against | |
| Lincoln Families | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Los Angeles Unified School District | ** Support | |
| Mental Health America of California | * Support | Apr 24, 2024 |
| Mental Health Services Oversight and Accountability Commission | ** Support | |
| National Center for Youth Law | ** Support | |
| Oakland Unified School District | ** Support | |
| Phoenix Houses Of California | ** Support | |
| Progress Ranch Treatment Services | ** Support | |
| Psychiatric Physicians Alliance of California | ** Support | |
| Public Health Advocates | ** Support | |
| Racial and Ethnic Mental Health Disparities Coalition | ** Support | |
| Redwood Community Services | ** Support | |
| San Diego Unified School District | ** Support | |
| Santa Clara County Office Of Education | ** Support | |
| Santa Clara County Superintendent | * Support | Apr 24, 2024 |
| Seneca Family of Agencies | ** Support | |
| SHIELDS for Families | ** Support | |
| Small School Districts Association | ** Against | |
| St Anne's Family Services | ** Support | |
| Stanford Sierra Youth and Families | ** Support | |
| Steinberg Institute | ** Support | |
| Sycamores | ** Support | |
| The Children's Partnership | ** Support | |
| the los angeles trust for children's health | ** Support | |
| Tobacco Education and Research Oversight Committee | ** Support | |
| Tobacco-Free Kids Action Fund | ** Support | |
| Trinity Youth Services | ** Support | |
| Vista Del Mar Child and Family Services | ** Support | |
| Voices for Progress | ** Support | |
| Westcoast Children's Clinic | ** Support | |
| Young People In Recovery | ** Support | |
| Youth Leadership Institute | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2711
Author:(Ramos)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Prohibits the suspension of students enrolled in grades 1-12 who voluntarily disclose their use of a controlled substance, alcohol, an intoxicant of any kind, or tobacco, in order to seek help through services or supports. Applies this prohibition for students enrolled in charter schools.
Senate Amendments
- Remove contents of the bill.
- Prohibits the suspension of students enrolled in grades 1-12 who voluntarily disclose their use of a controlled substance, alcohol, an intoxicant of any kind, or tobacco, in order to seek help through services or supports.
- Applies this prohibition for students enrolled in charter schools.
COMMENTS
Research suggests that punitive approaches to drug use in schools are ineffective. A research paper, Beyond Zero Tolerance: A Reality-Based Approach to Drug Education and School Discipline notes "Most American high schools do not offer effective drug education, nor do they provide interventions to assist students struggling with abuse of alcohol and other drugs. Instead, they rely primarily on deterrent punishment for students who are caught violating the rules. Proponents of the "big four" consequences – exclusion from extracurricular activities, transfer to another school, suspension, and expulsion – believe that harsh consequences for those who are caught will deter other students from committing similar offenses, and too often constitute the whole of prevention. But research has shown that these punishments are not likely to change students' behavior. Ironically, rather than serving as an effective deterrent, drug education that lacks credibility and is backed by punitive measures often fosters resentment and oppositional behavior. The few secondary schools that offer drug education often repeat messages that may have had some credence for elementary school students but lack credibility for older, more experienced teenagers." (Skager, 2013)
According to the Author
"AB 2711 is an approach that aims to address drug-related infractions by requiring that schools create a public health approach instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59% of drug-related suspensions are of boys, over 83% are of socioeconomically disadvantaged students and 83% are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction."
Arguments in Support
The American Civil Liberties Union California Action writes: " AB 2711 prohibits schools from suspending students solely because that student has disclosed their use of tobacco, alcohol, controlled substances, or intoxicants as a means to seek help or treatment. This necessary protection for students will empower students to utilize their school as a resource and seek support without fearing retribution, paving the way for more youth to participate in effective prevention and early intervention services for substance use and mental health.
Students with substance use needs deserve support and treatment, not condemnation and exclusion. Substance use is a public health issue that should be addressed with a public health lens, and AB 2711 is an important step towards that goal. By implementing this approach, this bill will help stem substance use and addiction, ensuring all students receive the help they want and need, remain in school, graduate, and are able to thrive."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee:
This bill could result in one-time Proposition 98 General Fund costs for local educational agencies (LEAs) to develop and adopt a plan to address students who voluntarily disclose their use of a controlled substance. The extent of these costs would depend on the scope of each plan and the amount of staff time involved, but could be in the tens of thousands to low hundreds of thousands of dollars. LEAs may also need to modify their policies and procedures to reflect the new suspension requirements. To the extent the Commission on State Mandates determines the bill's requirements to be a reimbursable mandate, the state would need to reimburse these costs or there could be pressure to increase the K-12 Mandate Block Grant.
VOTES:
ASM EDUCATION: 6-0-1
YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, McCarty
ABS, ABST OR NV: Hoover
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Ta
ABS, ABST OR NV: Jim Patterson
ASSEMBLY FLOOR: 59-8-13
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Connolly, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO: Alanis, Davies, Vince Fong, Gallagher, Joe Patterson, Sanchez, Ta, Wallis
ABS, ABST OR NV: Calderon, Cervantes, Chen, Megan Dahle, Dixon, Essayli, Friedman, Holden, Hoover, Lackey, Mathis, Luz Rivas, Soria
SENATE FLOOR: 33-6-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO: Dahle, Grove, Jones, Nguyen, Ochoa Bogh, Seyarto
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: August 21, 2024
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004904
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2711
Author:(Ramos)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Prohibits the suspension of students enrolled in grades 1-12 who voluntarily disclose their use of a controlled substance, alcohol, an intoxicant of any kind, or tobacco, in order to seek help through services or supports. Applies this prohibition for students enrolled in charter schools.
Senate Amendments
- Remove contents of the bill.
- Prohibits the suspension of students enrolled in grades 1-12 who voluntarily disclose their use of a controlled substance, alcohol, an intoxicant of any kind, or tobacco, in order to seek help through services or supports.
- Applies this prohibition for students enrolled in charter schools.
COMMENTS
Research suggests that punitive approaches to drug use in schools are ineffective. A research paper, Beyond Zero Tolerance: A Reality-Based Approach to Drug Education and School Discipline notes "Most American high schools do not offer effective drug education, nor do they provide interventions to assist students struggling with abuse of alcohol and other drugs. Instead, they rely primarily on deterrent punishment for students who are caught violating the rules. Proponents of the "big four" consequences – exclusion from extracurricular activities, transfer to another school, suspension, and expulsion – believe that harsh consequences for those who are caught will deter other students from committing similar offenses, and too often constitute the whole of prevention. But research has shown that these punishments are not likely to change students' behavior. Ironically, rather than serving as an effective deterrent, drug education that lacks credibility and is backed by punitive measures often fosters resentment and oppositional behavior. The few secondary schools that offer drug education often repeat messages that may have had some credence for elementary school students but lack credibility for older, more experienced teenagers." (Skager, 2013)
According to the Author
"AB 2711 is an approach that aims to address drug-related infractions by requiring that schools create a public health approach instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59% of drug-related suspensions are of boys, over 83% are of socioeconomically disadvantaged students and 83% are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction."
Arguments in Support
The American Civil Liberties Union California Action writes: " AB 2711 prohibits schools from suspending students solely because that student has disclosed their use of tobacco, alcohol, controlled substances, or intoxicants as a means to seek help or treatment. This necessary protection for students will empower students to utilize their school as a resource and seek support without fearing retribution, paving the way for more youth to participate in effective prevention and early intervention services for substance use and mental health.
Students with substance use needs deserve support and treatment, not condemnation and exclusion. Substance use is a public health issue that should be addressed with a public health lens, and AB 2711 is an important step towards that goal. By implementing this approach, this bill will help stem substance use and addiction, ensuring all students receive the help they want and need, remain in school, graduate, and are able to thrive."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee:
This bill could result in one-time Proposition 98 General Fund costs for local educational agencies (LEAs) to develop and adopt a plan to address students who voluntarily disclose their use of a controlled substance. The extent of these costs would depend on the scope of each plan and the amount of staff time involved, but could be in the tens of thousands to low hundreds of thousands of dollars. LEAs may also need to modify their policies and procedures to reflect the new suspension requirements. To the extent the Commission on State Mandates determines the bill's requirements to be a reimbursable mandate, the state would need to reimburse these costs or there could be pressure to increase the K-12 Mandate Block Grant.
VOTES:
ASM EDUCATION: 6-0-1
YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, McCarty
ABS, ABST OR NV: Hoover
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Ta
ABS, ABST OR NV: Jim Patterson
ASSEMBLY FLOOR: 59-8-13
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Connolly, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO: Alanis, Davies, Vince Fong, Gallagher, Joe Patterson, Sanchez, Ta, Wallis
ABS, ABST OR NV: Calderon, Cervantes, Chen, Megan Dahle, Dixon, Essayli, Friedman, Holden, Hoover, Lackey, Mathis, Luz Rivas, Soria
UPDATED
VERSION: August 21, 2024
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0004904
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2711 |
THIRD READING
Bill No: AB 2711
Author: Ramos (D)
Amended: 8/21/24 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 6-1, 7/3/24
AYES: Newman, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
NOES: Ochoa Bogh
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/15/24
AYES: Caballero, Ashby, Becker, Bradford, Wahab
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 59-8, 5/22/24 - See last page for vote
SUBJECT: Suspensions and expulsions: voluntary disclosures
SOURCE: California Academy of Child and Adolescent Psychiatry
California Alliance of Child and Family Services
California Youth Empowerment Network
Children Now
DIGEST:
This bill specifies that a pupil who voluntarily discloses their use of a controlled substance, alcohol, tobacco product or intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
Senate Floor Amendment of 8/21/24 makes a technical amendment in relation to the implementation date of this bill.
ANALYSIS:
Existing law:
- Specifies a pupil shall not be 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 unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind. (Education Code (EC) § 48900 (c))
- Specifies a pupil shall not be 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 unlawfully offered, arranged, or negotiated to sell a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. (EC § 48900 (d))
- Specifies a pupil shall not be 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 possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupil’s own prescription products. (EC § 48900 (h))
- Specifies a pupil shall not be 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 unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia. (EC § 48900 (j))
- Specifies a pupil shall not be 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 unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (EC § 48900 (p))
This bill specifies that a pupil who voluntarily discloses their use of a controlled substance, alcohol, tobacco product or intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
Comments
- Need for the bill. According to the author, “AB 2711 is an approach that aims to address drug related infractions by ensuring students are offered a supportive approach prior to a suspension, providing a much-needed lifeline for those who may be struggling instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59 percent of drug related suspensions are of boys, over 83 percent are of socioeconomically disadvantaged students and 83 percent are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction.”
- Zero Tolerance Policies Disproportionate Effects. In 1994, Congress passed the Gun-Free Schools Act (GFSA), which required states to expel students who brought firearms to campus for at least one year. While zero tolerance policies were initially intended to ensure a safe and healthy school environment (e.g., selling drugs or engaging in gang-related fights on school grounds), policies were expanded to include minor offenses that would otherwise be seen as normal behavior. These policies inadvertently created the "School to Prison Pipeline," where youth expelled or suspended for minor offenses are funneled out of public schools and into the juvenile and criminal legal systems. The school-to-prison pipeline causes a disproportionate number of students of color to drop out of school and enter the criminal justice system, which can have life-changing adverse effects.
- Students Of Color Are Disproportionally Suspended or Expelled. A 2018 report by the U.S. Government Accountability Office (GAO) highlighted the disproportionate discipline rates for black students, boys, and students with disabilities in K-12 schools, based on Civil Rights Data Collection (CRDC) data. Despite a 2% decline in overall exclusionary discipline practices in U.S. public schools from 2015-16 to 2017-18, there was an increase in school-related arrests, expulsions with educational services, and referrals to law enforcement. According to the report, the disproportionate disciplinary actions result from implicit bias among teachers and staff, leading to differential judgment of student behaviors based on race and sex.
- Progress in California’s Suspension and Expulsion Rates, But Disproportionality Still Remains. Data from the CDE shows that while the number of suspensions and expulsions decreased over the 10-year period from 2012-13 to 2022-23, the number of African American students suspended or expelled remains significantly above their proportionate enrollment:
- Total suspensions for all offenses dropped 44%, from 609,810 to 337,507;
- African American students made up 6% of enrollment in 2012-13 and 5% in 2022-23, but received 19% of total suspensions in 2012-13 and 15% in 2022-23;
- Total expulsions dropped by 44% over the 10-year period, from 8,564 in 2012-13 to 4,750 in 2022-23; and
- African American students accounted for 13% of total expulsions in 20212-13 and 12% in 2022-23.
In recent years, other statutory provisions have been designed to limit the use of suspensions and promote alternatives, as it has been shown that zero-tolerance policies are ineffective.
- Restorative Justice in Schools. In a 2019 study conducted by WestEd, Restorative Justice in U.S. Schools, “Educators across the United States have been looking to restorative justice as an alternative to exclusionary disciplinary actions. Two significant developments have partly driven the popularity of restorative justice in schools. First, there is a growing perception that zero-tolerance policies, popular in the United States during the 1980s– 1990s, have harmed students and schools, generally, and had a particularly pernicious impact on Black students and students with disabilities. These policies, many argue, have increased the use of suspensions and other exclusionary discipline practices to ill effect. For example, researchers reviewing data from Kentucky found that, after controlling for a range of different factors, suspensions explained 1/5 of the Black-White achievement gap. Secondly, restorative justice has gained popularity as a means of addressing disproportionalities in exclusionary discipline. For example, it was found that Black students were 26.2 percent more likely to receive an out-of-school suspension for their first offense than White students.
“In this manner, restorative justice is viewed as a remedy to the uneven enforcement and negative consequences that many people associate with exclusionary punishment,” according to the study. Exclusionary discipline can leave the victim without closure and fail to resolve the harmful situation. In contrast, because restorative justice involves the victim and the community in the process, it can open the door for more communication and resolutions to problems that do not include exclusionary punishments like suspension. Unlike punitive approaches, which rely on deterrence as the sole preventative measure for misconduct, restorative justice uses community-building to improve relationships, reducing the frequency of punishable offenses while yielding a range of benefits. There are a variety of practices that fall under the restorative justice umbrella that schools may implement. These practices include victim-offender mediation conferences; group conferences; and various circles that can be classified as community-building, peace-making, or restorative.”
- Disciplinary Actions Other than Suspension of Expulsion From School. While the bill prohibits a school from recommending a student for suspension and expulsion for having possessed or used tobacco or products containing tobacco or nicotine products, this does not prohibit a school from taking disciplinary action or steps to discourage high school students from smoking and using tobacco products (EC 48901(b)). Some of these corrective behaviors include but are not limited to:
- A conference between school personnel, the pupil’s parent or guardian, and the pupil.
- Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
- 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 the pupil’s parents.
- Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973.
- Enrollment in a program for teaching prosocial behavior or anger management.
- Participation in a restorative justice program.
- A positive behavior support approach with tiered interventions that occur during the schoolday on campus.
- 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. (EC 48900.5)
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
According to the Senate Appropriations Committee analysis, “This bill could result in one-time Proposition 98 General Fund costs for local educational agencies (LEAs) to develop and adopt a plan to address students who voluntarily discloses their use if a controlled substance. The extent of these costs would depend on the scope of each plan and the amount of staff time involved, but could be in the tens of thousands to low hundreds of thousands of dollars. LEAs may also need to modify their policies and procedures to reflect the new suspension requirements. To the extent the Commission on State Mandates determines the bill’s requirements to be a reimbursable mandate, the state would need to reimburse these costs or there could be pressure to increase the K-12 Mandate Block Grant.”
SUPPORT: (Verified 8/20/24)
California Academy of Child and Adolescent Psychiatry (co-source)
California Alliance of Child and Family Services (co-source)
California Youth Empowerment Network (co-source)
Children Now (co-source)
ACLU California Action
Alliance for Children's Rights
California Association of Alcohol and Drug Program Executives
California Coalition for Youth
California Consortium of Addiction Programs and Professionals
California Federation of Teachers
California School-Based Health Alliance
California State PTA
Casa de Amparo
Children's Institute
County Health Executives Association of California
Fred Finch Youth and Family Services
Helpline Youth Counseling
Los Angeles County Office of Education
Los Angeles Unified School District
Mental Health Services Oversight and Accountability Commission
Phoenix House of California
Public Health Advocates
Racial and Ethnic Mental Health Disparities Coalition
San Diego Unified School District
Santa Clara County Office of Education
Seneca Family of Agencies
Shields for Families
Stanford Sierra Youth and Families
Steinberg Institute
Sycamores
The Children's Partnership
The Los Angeles Trust for Children's Health
Tobacco - Free Kids Action Fund
Tobacco Education and Research Oversight Committee
Trinity Youth Services
Vista Del Mar Child and Family Services
Voices for Progress
Young People in Recovery
OPPOSITION: (Verified 8/20/24)
Small School Districts Association
ARGUMENTS IN SUPPORT: According to ACLU California Action, “Currently, under California Education Code §48900, school officials possess the discretion to determine whether to suspend or expel a student for use, possession, or being under the influence of drugs, alcohol and/or tobacco on school grounds. However, programs to support youth and address the root causes of their substance use is lacking. Moreover, administrative discretion has resulted in a disproportionate impact on certain demographics: more than 59 percent of drug related suspensions involve boys, over 83 percent affect socioeconomically disadvantaged students, and approximately 82 percent involve youth of color.2 Students with substance use needs deserve support and treatment, not condemnation and exclusion. Substance use is a public health issue that should be addressed with a public health lens, and AB 2711 is an important step towards that goal. By implementing this approach, this bill will help stem substance use and addiction, ensuring all students receive the help they want and need, remain in school, graduate, and are able to thrive. For these reasons, ACLU California Action supports AB 2711.”
ARGUMENTS IN OPPOSITION: According to the Small School District Association, “We acknowledge the importance of supporting students rather than penalizing them, and we appreciate the author’s intent to get supportive services to students that need them most. However, we contend that the ability to suspend or expel a student does not mutually exclude the provision of supportive services. In fact, these disciplinary actions often act as a pivotal point for intervening and connecting affected students with necessary rehabilitation and counseling services. Further, and perhaps most importantly, the presence and use of controlled substances in schools compromise the safety of the learning environment for all students and staff. As drugs like fentanyl become more pervasive amongst recreational drugs, signaling to students that it is “okay” to possess intoxicants on campus puts the lives of all students at risk. The ability to suspend or expel serves not only as a deterrent but also as a critical measure to maintain a safe and conducive educational environment. In small school communities like ours, where our teachers, staff, and administrators are intimately familiar with our student populations, we know best what our students are going through, and what they need. While we appreciate the author’s efforts to help these students rather than penalize them, we urge you to consider the implications of AB 2711, and respectfully request your “no” vote on the measure.”
ASSEMBLY FLOOR: 59-8, 5/22/24
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Connolly, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Alanis, Davies, Vince Fong, Gallagher, Joe Patterson, Sanchez, Ta, Wallis
NO VOTE RECORDED: Calderon, Cervantes, Chen, Megan Dahle, Dixon, Essayli, Friedman, Holden, Hoover, Lackey, Mathis, Luz Rivas, Soria
Prepared by: Kordell Hampton / ED. / (916) 651-4105
8/22/24 16:10:36
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2711 |
THIRD READING
Bill No: AB 2711
Author: Ramos (D)
Amended: 7/3/24 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 6-1, 7/3/24
AYES: Newman, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk
NOES: Ochoa Bogh
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/15/24
AYES: Caballero, Ashby, Becker, Bradford, Wahab
NOES: Jones, Seyarto
ASSEMBLY FLOOR: 59-8, 5/22/24 - See last page for vote
SUBJECT: Suspensions and expulsions: voluntary disclosures
SOURCE: California Academy of Child and Adolescent Psychiatry
California Alliance of Child and Family Services
California Youth Empowerment Network
DIGEST:
- This bill specifies that a pupil who voluntarily discloses their use of a controlled substance, alcohol, tobacco product or intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
ANALYSIS:
Existing Law:
- Specifies a pupil shall not be 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 unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind. (Education Code (EC) § 48900 (c))
- Specifies a pupil shall not be 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 unlawfully offered, arranged, or negotiated to sell a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. (EC § 48900 (d))
- Specifies a pupil shall not be 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 possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupil’s own prescription products. (EC § 48900 (h))
- Specifies a pupil shall not be 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 unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia. (EC § 48900 (j))
- Specifies a pupil shall not be 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 unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (EC § 48900 (p))
This bill:
- Specifies that a pupil who voluntarily discloses their use of a controlled substance, alcohol, tobacco product or intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
Comments
- Need for the bill. According to the author, “AB 2711 is an approach that aims to address drug related infractions by ensuring students are offered a supportive approach prior to a suspension, providing a much-needed lifeline for those who may be struggling instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59 percent of drug related suspensions are of boys, over 83 percent are of socioeconomically disadvantaged students and 83 percent are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction.”
- Zero Tolerance Policies Disproportionate Effects. In 1994, Congress passed the Gun-Free Schools Act (GFSA), which required states to expel students who brought firearms to campus for at least one year. While zero tolerance policies were initially intended to ensure a safe and healthy school environment (e.g., selling drugs or engaging in gang-related fights on school grounds), policies were expanded to include minor offenses that would otherwise be seen as normal behavior. These policies inadvertently created the "School to Prison Pipeline," where youth expelled or suspended for minor offenses are funneled out of public schools and into the juvenile and criminal legal systems. The school-to-prison pipeline causes a disproportionate number of students of color to drop out of school and enter the criminal justice system, which can have life-changing adverse effects.
- Students Of Color Are Disproportionally Suspended or Expelled. A 2018 report by the U.S. Government Accountability Office (GAO) highlighted the disproportionate discipline rates for black students, boys, and students with disabilities in K-12 schools, based on Civil Rights Data Collection (CRDC) data. Despite a 2% decline in overall exclusionary discipline practices in U.S. public schools from 2015-16 to 2017-18, there was an increase in school-related arrests, expulsions with educational services, and referrals to law enforcement. According to the report, the disproportionate disciplinary actions result from implicit bias among teachers and staff, leading to differential judgment of student behaviors based on race and sex.
Progress in California’s Suspension and Expulsion Rates, But Disproportionality Still Remains.
Data from the CDE shows that while the number of suspensions and expulsions decreased over the 10-year period from 2012-13 to 2022-23, the number of African American students suspended or expelled remains significantly above their proportionate enrollment:
- Total suspensions for all offenses dropped 44%, from 609,810 to 337,507;
- African American students made up 6% of enrollment in 2012-13 and 5% in 2022-23, but received 19% of total suspensions in 2012-13 and 15% in 2022-23;
- Total expulsions dropped by 44% over the 10-year period, from 8,564 in 2012-13 to 4,750 in 2022-23; and
- African American students accounted for 13% of total expulsions in 20212-13 and 12% in 2022-23.
In recent years, other statutory provisions have been designed to limit the use of suspensions and promote alternatives, as it has been shown that zero-tolerance policies are ineffective.
- Restorative Justice in Schools. In a 2019 study conducted by WestEd, Restorative Justice in U.S. Schools, “Educators across the United States have been looking to restorative justice as an alternative to exclusionary disciplinary actions. Two significant developments have partly driven the popularity of restorative justice in schools. First, there is a growing perception that zero-tolerance policies, popular in the United States during the 1980s– 1990s, have harmed students and schools, generally, and had a particularly pernicious impact on Black students and students with disabilities. These policies, many argue, have increased the use of suspensions and other exclusionary discipline practices to ill effect. For example, researchers reviewing data from Kentucky found that, after controlling for a range of different factors, suspensions explained 1/5 of the Black-White achievement gap. Secondly, restorative justice has gained popularity as a means of addressing disproportionalities in exclusionary discipline. For example, it was found that Black students were 26.2 percent more likely to receive an out-of-school suspension for their first offense than White students.
“In this manner, restorative justice is viewed as a remedy to the uneven enforcement and negative consequences that many people associate with exclusionary punishment,” according to the study. Exclusionary discipline can leave the victim without closure and fail to resolve the harmful situation. In contrast, because restorative justice involves the victim and the community in the process, it can open the door for more communication and resolutions to problems that do not include exclusionary punishments like suspension. Unlike punitive approaches, which rely on deterrence as the sole preventative measure for misconduct, restorative justice uses community-building to improve relationships, reducing the frequency of punishable offenses while yielding a range of benefits. There are a variety of practices that fall under the restorative justice umbrella that schools may implement. These practices include victim-offender mediation conferences; group conferences; and various circles that can be classified as community-building, peace-making, or restorative.”
- Disciplinary Actions Other than Suspension of Expulsion From School. While the bill prohibits a school from recommending a student for suspension and expulsion for having possessed or used tobacco or products containing tobacco or nicotine products, this does not prohibit a school from taking disciplinary action or steps to discourage high school students from smoking and using tobacco products (EC 48901(b)). Some of these corrective behaviors include but are not limited to:
- A conference between school personnel, the pupil’s parent or guardian, and the pupil.
- Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
- 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 the pupil’s parents.
- Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973.
- Enrollment in a program for teaching prosocial behavior or anger management.
- Participation in a restorative justice program.
- A positive behavior support approach with tiered interventions that occur during the schoolday on campus.
- 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. (EC 48900.5)
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
According to the Senate Appropriations Committee analysis, “This bill could result in one-time Proposition 98 General Fund costs for local educational agencies (LEAs) to develop and adopt a plan to address students who voluntarily discloses their use if a controlled substance. The extent of these costs would depend on the scope of each plan and the amount of staff time involved, but could be in the tens of thousands to low hundreds of thousands of dollars. LEAs may also need to modify their policies and procedures to reflect the new suspension requirements. To the extent the Commission on State Mandates determines the bill’s requirements to be a reimbursable mandate, the state would need to reimburse these costs or there could be pressure to increase the K-12 Mandate Block Grant.”
SUPPORT: (Verified 8/15/24)
California Academy of Child and Adolescent Psychiatry (co-source)
California Alliance of Child and Family Services (co-source)
California Youth Empowerment Network (co-source)
ACLU California Action
Alliance for Children's Rights
California Association of Alcohol and Drug Program Executives
California Coalition for Youth
California Consortium of Addiction Programs and Professionals
California Federation of Teachers
California School-Based Health Alliance
California State PTA
Casa de Amparo
Children's Institute
County Health Executives Association of California
Fred Finch Youth and Family Services
Helpline Youth Counseling
Los Angeles County Office of Education
Los Angeles Unified School District
Mental Health Services Oversight and Accountability Commission
Phoenix House of California
Public Health Advocates
Racial and Ethnic Mental Health Disparities Coalition
San Diego Unified School District
Santa Clara County Office of Education
Seneca Family of Agencies
Shields for FamiliesF
Stanford Sierra Youth and Families
Steinberg Institute
Sycamores
The Children's Partnership
The Los Angeles Trust for Children's Health
Tobacco - Free Kids Action Fund
Tobacco Education and Research Oversight Committee
Trinity Youth Services
Vista Del Mar Child and Family Services
Voices for Progress
Young People in Recovery
OPPOSITION: (Verified 8/15/24)
Small School Districts Association
ARGUMENTS IN SUPPORT: According to ACLU California Action, “Currently, under California Education Code §48900, school officials possess the discretion to determine whether to suspend or expel a student for use, possession, or being under the influence of drugs, alcohol and/or tobacco on school grounds. However, programs to support youth and address the root causes of their substance use is lacking. Moreover, administrative discretion has resulted in a disproportionate impact on certain demographics: more than 59 percent of drug related suspensions involve boys, over 83 percent affect socioeconomically disadvantaged students, and approximately 82 percent involve youth of color.2 Students with substance use needs deserve support and treatment, not condemnation and exclusion. Substance use is a public health issue that should be addressed with a public health lens, and AB 2711 is an important step towards that goal. By implementing this approach, this bill will help stem substance use and addiction, ensuring all students receive the help they want and need, remain in school, graduate, and are able to thrive. For these reasons, ACLU California Action supports AB 2711.”
ARGUMENTS IN OPPOSITION: According to the Small School District Association, “We acknowledge the importance of supporting students rather than penalizing them, and we appreciate the author’s intent to get supportive services to students that need them most. However, we contend that the ability to suspend or expel a student does not mutually exclude the provision of supportive services. In fact, these disciplinary actions often act as a pivotal point for intervening and connecting affected students with necessary rehabilitation and counseling services. Further, and perhaps most importantly, the presence and use of controlled substances in schools compromise the safety of the learning environment for all students and staff. As drugs like fentanyl become more pervasive amongst recreational drugs, signaling to students that it is “okay” to possess intoxicants on campus puts the lives of all students at risk. The ability to suspend or expel serves not only as a deterrent but also as a critical measure to maintain a safe and conducive educational environment. In small school communities like ours, where our teachers, staff, and administrators are intimately familiar with our student populations, we know best what our students are going through, and what they need. While we appreciate the author’s efforts to help these students rather than penalize them, we urge you to consider the implications of AB 2711, and respectfully request your “no” vote on the measure.”
ASSEMBLY FLOOR: 59-8, 5/22/24
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Connolly, Flora, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Alanis, Davies, Vince Fong, Gallagher, Joe Patterson, Sanchez, Ta, Wallis
NO VOTE RECORDED: Calderon, Cervantes, Chen, Megan Dahle, Dixon, Essayli, Friedman, Holden, Hoover, Lackey, Mathis, Luz Rivas, Soria
Prepared by: Kordell Hampton / ED. / (916) 651-4105
8/18/24 11:47:26
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2711 (Ramos) - Suspensions and expulsions: voluntary disclosures
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would prohibit a pupil who voluntarily discloses their use of a controlled substance, alcohol, tobacco product or intoxicant of any kind in order to seek help through services or supports from being suspended solely for that disclosure.
Fiscal Impact:
This bill could result in one-time Proposition 98 General Fund costs for local educational agencies (LEAs) to develop and adopt a plan to address students who voluntarily discloses their use if a controlled substance. The extent of these costs would depend on the scope of each plan and the amount of staff time involved, but could be in the tens of thousands to low hundreds of thousands of dollars. LEAs may also need to modify their policies and procedures to reflect the new suspension requirements. To the extent the Commission on State Mandates determines the bill’s requirements to be a reimbursable mandate, the state would need to reimburse these costs or there could be pressure to increase the K-12 Mandate Block Grant.
Background:
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 unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance, as defined, an alcoholic beverage, or an intoxicant of any kind.
Existing law specifies a pupil shall not be 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 unlawfully offered, arranged, or negotiated to sell a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
Existing law specifies a pupil shall not be 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 possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupil’s own prescription products.
Existing law specifies that a pupil shall not be 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 unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia.
Proposed Law:
This bill provides that a pupil who voluntarily discloses their use of a controlled substance, alcohol, tobacco product or intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
Related Legislation:
AB 599 (Ward, 2023) would have prohibited a pupil from being suspended or expelled from school for possessing or using tobacco or nicotine products beginning July 1, 2025. This bill was held in Senate Appropriations Committee.
AB 274 (Skinner, Chapter 597, Statutes of 2023) extends the prohibition against the suspension and expulsion of students in grades K-8, to K-12, for disrupting school activities or willfully defying the valid authority of school personnel to all grades indefinitely but retains a teacher’s existing authorization to suspend any student from class for willful defiance and prohibits the suspension or expulsion of a student based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
SB 419 (Skinner, Chapter 279, Statutes of 2019) extends the prohibition against suspending a pupil enrolled in kindergarten or any of grades 1 to 3 for disrupting school activities or otherwise willfully defied the valid authority of school staff to include grades 4 and 5 permanently; and to have grades 6 to 8, inclusive, until July 1, 2025.
Staff Comments:
Current law allows a school administrator to suspend of expel a student for certain acts, including a determination that a student has unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, and smokeless tobacco, or unlawfully possessed drug paraphernalia. This bill would prohibits schools from suspending students for such infractions.
According to the author. “AB 2711 is an approach that aims to address drug related infractions by ensuring students are offered a supportive approach prior to a suspension, providing a much-needed lifeline for those who may be struggling instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59 percent of drug related suspensions are of boys, over 83 percent are of socioeconomically disadvantaged students and 83 percent are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction.”
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: July 3, 2024
Author: | Ramos | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
Requires schools, commencing, July 1, 2026, to document other means of correction, as specified, before suspending a student from school on the basis of unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or having possessed or used tobacco products and remove these acts from the list of acts for which a student may be recommended for expulsion, with certain exceptions, as specified.
BACKGROUND
Existing Law:
Education Code (EC)
- Specifies a pupil shall not be 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 specified acts in subdivision (a) – (r). (EC § 48900)
- Specifies a pupil shall not be 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 unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind. (EC § 48900 (c))
- Specifies a pupil shall not be 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 unlawfully offered, arranged, or negotiated to sell a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. (EC § 48900 (d))
- Specifies a pupil shall not be 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 possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupil’s own prescription products. (EC § 48900 (h))
- Specifies a pupil shall not be 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 unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia. (EC § 48900 (j))
- Specifies a pupil shall not be 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 unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (EC § 48900 (p))
- Specifies that other means of correction include, but are not limited to:
- A conference between school personnel, the pupil’s parent or guardian, and the pupil.
- Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
- 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 their parents.
- Referral for a comprehensive psychosocial or psychoeducational assessment, including creating an individualized education program or a 504 plan.
- Enrollment in a program for teaching prosocial behavior or anger management.
- Participation in a restorative justice program.
- A positive behavior support approach with tiered interventions that occur during the school day on campus.
- 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.
- Community service, as specified. (EC § 48900.5)
ANALYSIS
This bill:
Requires Access to Resources Prior to Being Suspended For Unlawfully Possessing, Using, or Being Under the Influence of a Controlled Substance, Alcoholic Beverage, or an Intoxicant.
- Requires all of the following changes for schools, beginning July 1, 2026, related to grounds for suspension for unlawfully possessing, using, or being under the influence of a controlled substance, alcoholic beverage, or an intoxicant.
- Requires a pupil that has unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, to be offered access to available supportive interventions, as specified in 3), before being suspended if documented means of correction have failed to bring about proper conduct. However, if it is determined that a pupil unlawfully possessed a controlled substance presents an imminent risk of harm to other pupils or school staff, a pupil may be suspended for that act without being offered access to available supportive interventions.
- Prohibits a pupil from being suspended solely for disclosing their use of a controlled substance, alcohol, or an intoxicant of any kind when seeking help through services or supports.
- Prohibits a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, from being recommended for expulsion for having unlawfully possessed, used, sold, or otherwise furnished, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, unless the pupil has committed an act that provides grounds for expulsion, as specified.
- Clarifies that a school retains the ability to remove a pupil from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind.
- Clarifies a) does not prohibit the use or possession by a pupil of the pupil’s own prescription products.
- Removes possession of drug paraphernalia as grounds for suspension, but retains a schools ability to suspend a pupil for having unlawfully offered, arranged, or negotiated to sell drug paraphernalia.
Requires Access to Resources Prior to Being Suspended For Unlawfully Possessing or Using
Tobacco Products
- Requires all of the following changes for schools, beginning July 1, 2026, related to grounds for suspension for unlawfully possessing or using tobacco products of a pupil:
- Requires a pupil that has unlawfully possessed or tobacco products used, sold, or otherwise furnished, or been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, be offered access to available supportive interventions, which may include, but are not limited to, other means of correction, as specified in 3), before being suspended if documented means of correction have failed to bring about proper conduct
- Prohibits a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, from being recommended for expulsion for possessing or using tobacco products.
- Prohibits a pupil from being suspended solely for disclosing their use of a tobacco product when seeking help through services or supports.
Adds Additional Means of Correction Before Suspension Related to Substance and Tobacco Use
- Adds to the list of other means of correction before suspension, enrollment in a substance use or mental health prevention, treatment, or services program and a tobacco cessation program.
Encourages Professional Development
- Encourages local educational agencies (LEA), county offices of education (COE), and charter schools to implement all of the following, and does not affect a parent’s or legal guardian’s rights relating to the care, custody, and control of their minor child:
- Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. This training shall include best practices that are socially and culturally relevant and trauma informed.
- Evidence-based drug prevention activities and programs that educate on the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs.
- Campus wide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.
General Provisions
- Makes technical changes.
- Makes findings and declarations related to youth substance abuse and tobacco rates and need for intervention rather than expulsion.
STAFF COMMENTS
- Need for the bill. According to the author. “AB 2711 is an approach that aims to address drug related infractions by ensuring students are offered a supportive approach prior to a suspension, providing a much-needed lifeline for those who may be struggling instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59 percent of drug related suspensions are of boys, over 83 percent are of socioeconomically disadvantaged students and 83 percent are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction.”
- Zero Tolerance Policies Disproportionate Effects. In 1994, Congress passed the Gun-Free Schools Act (GFSA), which required states to expel students who brought firearms to campus for at least one year. While zero tolerance policies were initially intended to ensure a safe and healthy school environment (e.g., selling drugs or engaging in gang-related fights on school grounds), policies were expanded to include minor offenses that would otherwise be seen as normal behavior. These policies inadvertently created the "School to Prison Pipeline," where youth expelled or suspended for minor offenses are funneled out of public schools and into the juvenile and criminal legal systems. The school-to-prison pipeline causes a disproportionate number of students of color to drop out of school and enter the criminal justice system, which can have life-changing adverse effects.
- Students Of Color Are Disproportionally Suspended or Expelled. A 2018 report by the U.S. Government Accountability Office (GAO) highlighted the disproportionate discipline rates for black students, boys, and students with disabilities in K-12 schools, based on Civil Rights Data Collection (CRDC) data. Despite a 2% decline in overall exclusionary discipline practices in U.S. public schools from 2015-16 to 2017-18, there was an increase in school-related arrests, expulsions with educational services, and referrals to law enforcement. According to the report, the disproportionate disciplinary actions result from implicit bias among teachers and staff, leading to differential judgment of student behaviors based on race and sex.
Progress in California’s Suspension and Expulsion Rates, But Disproportionality Still Remains.
Data from the CDE shows that while the number of suspensions and expulsions decreased over the 10-year period from 2012-13 to 2022-23, the number of African American students suspended or expelled remains significantly above their proportionate enrollment:
- Total suspensions for all offenses dropped 44%, from 609,810 to 337,507;
- African American students made up 6% of enrollment in 2012-13 and 5% in 2022-23, but received 19% of total suspensions in 2012-13 and 15% in 2022-23;
- Total expulsions dropped by 44% over the 10-year period, from 8,564 in 2012-13 to 4,750 in 2022-23; and
- African American students accounted for 13% of total expulsions in 20212-13 and 12% in 2022-23.
The CDE data from 2022-23 school year, identifies a total of 63,270 or 19% of all suspensions and 1,043 or 22%, of all expulsions were illicit drug-related.
Ethnicity | Percentage of total statewide enrollment | Percentage of illicit drug expulsions | Percentage of illicit drug suspensions |
African American | 5.1% | 4.2% | 7.2% |
Hispanic or Latino | 56.1% | 75.0% | 67.3% |
White | 20.5% | 13.6% | 17.0% |
Source: CDE DataQuest 2022-23
In recent years, other statutory provisions have been designed to limit the use of suspensions and promote alternatives, as it has been shown that zero-tolerance policies are ineffective.
- Restorative Justice in Schools. In a 2019 study conducted by WestEd, Restorative Justice in U.S. Schools, “Educators across the United States have been looking to restorative justice as an alternative to exclusionary disciplinary actions. Two significant developments have partly driven the popularity of restorative justice in schools. First, there is a growing perception that zero-tolerance policies, popular in the United States during the 1980s– 1990s, have harmed students and schools, generally, and had a particularly pernicious impact on Black students and students with disabilities. These policies, many argue, have increased the use of suspensions and other exclusionary discipline practices to ill effect. For example, researchers reviewing data from Kentucky found that, after controlling for a range of different factors, suspensions explained 1/5 of the Black-White achievement gap. Secondly, restorative justice has gained popularity as a means of addressing disproportionalities in exclusionary discipline. For example, it was found that Black students were 26.2 percent more likely to receive an out-of-school suspension for their first offense than White students.
“In this manner, restorative justice is viewed as a remedy to the uneven enforcement and negative consequences that many people associate with exclusionary punishment,” according to the study. Exclusionary discipline can leave the victim without closure and fail to resolve the harmful situation. In contrast, because restorative justice involves the victim and the community in the process, it can open the door for more communication and resolutions to problems that do not include exclusionary punishments like suspension. Unlike punitive approaches, which rely on deterrence as the sole preventative measure for misconduct, restorative justice uses community-building to improve relationships, reducing the frequency of punishable offenses while yielding a range of benefits. There are a variety of practices that fall under the restorative justice umbrella that schools may implement. These practices include victim-offender mediation conferences; group conferences; and various circles that can be classified as community-building, peace-making, or restorative.”
- Disciplinary Actions Other than Suspension of Expulsion From School. While the bill prohibits a school from recommending a student for suspension and expulsion for having possessed or used tobacco or products containing tobacco or nicotine products, this does not prohibit a school from taking disciplinary action or steps to discourage high school students from smoking and using tobacco products (EC 48901(b)). Some of these corrective behaviors include but are not limited to:
- A conference between school personnel, the pupil’s parent or guardian, and the pupil.
- Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling.
- 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 the pupil’s parents.
- Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973.
- Enrollment in a program for teaching prosocial behavior or anger management.
- Participation in a restorative justice program.
- A positive behavior support approach with tiered interventions that occur during the schoolday on campus.
- 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. (EC 48900.5)
- Committee Amendments. Committee staff recommends the following amendment:
- Removes and recast the provisions of AB 2711 to instead specify that a pupil who voluntarily discloses their use of a controlled substance, alcohol, tobacco product or intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
- Related Legislation.
AB 599 (Ward, 2023) would have prohibited a pupil from being suspended or expelled from school for possessing or using tobacco or nicotine products beginning July 1, 2025. This bill also requires the California Department of Education (CDE) to develop and make available a model policy for a public health approach to addressing student possession and use of drugs on school property by July 1, 2025. This bill was held in Senate Appropriations Committee.
AB 274 (Skinner, Chapter 597, Statutes of 2023) extends the prohibition against the suspension and expulsion of students in grades K-8, to K-12, for disrupting school activities or willfully defying the valid authority of school personnel to all grades indefinitely but retains a teacher’s existing authorization to suspend any student from class for willful defiance and prohibits the suspension or expulsion of a student based solely on the fact that they are truant, tardy, or otherwise absent from school activities.
SB 419 (Skinner, Chapter 279, Statutes of 2019) commencing July 1, 2020, extends the permanent prohibition against suspending a pupil enrolled in kindergarten or any of grades 1 to 3 for disrupting school activities or otherwise willfully defied the valid authority of school staff to include grades 4 and 5 permanently; and to have grades 6 to 8, inclusive, until July 1, 2025; and applies these prohibitions to charter schools.
AB 420 (Dickerson, Chapter 660, Statutes of 2014) eliminated the option to suspend or recommend for expulsion a pupil who disrupted school activities or otherwise willfully defied the authority of school officials and instead authorizes schools to suspend a pupil in grades 6-12 who has substantially disrupted school activities or substantially prevented instruction from occurring.
SUPPORT
California Academy of Child and Adolescent Psychiatry (Co-Sponsor)
ACLU California Action
Alliance for Children's Rights
American Cancer Society Cancer Action Network INC.
American Heart Association
American Lung Association in California
California Alliance of Child and Family Services
California Association of Alcohol and Drug Program Executives, INC.
California Consortium of Addiction Programs and Professionals
California School-based Health Alliance
California State PTA
Children's Institute
County Health Executives Association of California
Fred Finch Youth and Family Services
Helpline Youth Counseling, INC.
Los Angeles County Office of Education
Los Angeles Unified School District
Mental Health Services Oversight and Accountability Commission
Phoenix House of California
Public Health Advocates
San Diego Unified School District
Santa Clara County Office of Education
Seneca Family of Agencies
Shields for Families
Stanford Sierra Youth and Families
Steinberg Institute
Sycamores
The Children's Partnership
The Los Angeles Trust for Children's Health
Tobacco - Free Kids Action Fund
Tobacco Education and Research Oversight Committee
Trinity Youth Services
Vista Del Mar Child and Family Services
Young People in Recovery
OPPOSITION
Small School Districts Association
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2711
Author:(Ramos)
As Amended Ver:April 29, 2024
Majority vote
SUMMARY
Requires schools, commencing July 1, 2026, to document other means of correction, such as enrollment in a substance use or mental health program, before suspending a student from school on the basis of unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or having possessed or used tobacco products. The bill would also remove these acts from the list of acts for which a student may be recommended for expulsion, with certain exceptions. The bill adds enrollment in a substance use or mental health prevention, treatment, or services program or a tobacco cessation program to the list of alternate means of correction. Encourages schools to implement professional development and training for school staff on drug prevention and related topics, campus-wide programs and activities that provide mentoring and school counseling, including to students at risk of drug use and abuse, and evidence-based drug prevention activities and programs.
Major Provisions
- Requires that a student who possesses, uses, or is under the influence of a controlled substance, alcohol, or an intoxicant be offered access to available supportive interventions, prior to a suspension, which may include, but is not limited to substance use prevention and treatment, mental health counseling, or other supports.
- Authorizes a student to be suspended for these acts only when other documented means of correction fail to bring about proper conduct or it is determined that the student's possession of a controlled substance presents an imminent risk of harm to other students or school staff;
- Prohibits a student from being recommended for expulsion for these acts, except as specified;
- Authorizes the removal of a student from campus for the day due to being under the influence of a controlled substance, alcohol, or an intoxicant; and
- Prohibits a student who discloses their use of a controlled substance or alcohol when seeking help from being suspended solely for that disclosure.
- Defines tobacco products as is defined in subdivision (d) of Section 22950.5 of the Business and Professions Code, which includes vaping devices.
- Requires that a student who possesses or uses tobacco be offered access to available supportive interventions prior to a suspension and prohibits a student who discloses their use of tobacco when seeking help from being suspended solely for that disclosure.
- Removes possession of drug paraphernalia from the offenses subject to suspension or expulsion.
- Requires, rather than authorizes, a school to document other means of correction that are offered to a student prior to a suspension and to place the information in the student's records.
- Adds "enrollment in a substance use or mental health prevention, treatment, or services program" and "enrollment in a tobacco cessation program" to the other means of correction to be employed prior to suspending a student.
- Requires that a pupil enrolled in a charter school who possesses, uses, or is under the influence of a controlled substance, alcohol, or an intoxicant, or the possession or use of tobacco products be offered access to available school-based or community-based supportive interventions, which may include, but are not limited to substance use or mental health prevention, treatment, and services programs, and tobacco cessation programs.
- Authorizes a charter school to suspend a student for these acts only if the supportive interventions offered have failed to bring about proper conduct; and
- Authorizes the removal of a student from a charter school campus for the day due to being under the influence of a controlled substance, alcohol, or an intoxicant.
- Prohibits a student enrolled in a charter school who discloses their use of tobacco, a controlled substance, or alcohol when seeking help from being suspended solely for that disclosure.
- Prohibits a student enrolled in a charter school from being expelled on the basis of possessing, using, or being under the influence of a controlled substance, alcohol, or an intoxicant, except if it is determined that the student's possession of the controlled substance presents an imminent risk of harm to other pupils or school staff.
- Encourages school districts, county offices of education (COEs), and charter schools to implement professional development and training for school staff on drug prevention, education, early identification, intervention, mentoring, recovery support services, and rehabilitation referral, using best practices that are socially and culturally relevant and trauma-informed.
- Encourages school districts, COEs, and charter schools to provide evidence-based drug prevention activities and programs, as well as campus-wide programs and activities that provide mentoring and school counseling to all students, including those at risk of drug use and abuse.
COMMENTS
California suspensions and expulsions have declined, but disproportionality remains. Data from the CDE shows that while the number of suspensions and expulsions decreased over the 10-year period from 2012-13 to 2022-23, the number of African American students suspended or expelled remains significantly above their proportionate enrollment. CDE data from 2022-23, identifies a total of 63,270 or 19% of all suspensions and 1,043 or 22%, of all expulsions were illicit drug-related. The data does not differentiate between possession, use, or sale of drugs. The suspensions and expulsions were disproportionately imposed on students of color.
Impact of punitive discipline policies on substance use. Researchers note that punitive school discipline policies and inadequate resources can undermine efforts to provide prevention, early intervention, and treatment services to youth in need in schools. In addition, inequities may persist if youth of color continue to disproportionately face punishment, rather than treatment, for substance use, as has historically been the case. (Allen, 2022)
One author suggests that "The long-standing stigma around people who develop substance or opioid use disorders contributes to the lack of attention to and investment in comprehensive, developmentally appropriate, and culturally and linguistically effective youth substance use services. Youth are often left to figure out on their own whether they might have a substance use problem or how to solve it, with little support and understanding from adults in their lives for fears of disappointing their parents or facing negative consequences at school. Schools and communities can become more nurturing and positive spaces that promote the overall health and wellness of youth and have the knowledge and resources to respond with kindness, support, and evidence-informed and equity-focused health approaches before substance use turns into a chronic, life-altering disorder." (Allen, 2022)
Addressing substance use disorders in school settings. According to the California School-Based Health Alliance, "School-based health centers and wellness centers are ideal places to identify youth using substances and provide evidence-based services that inform them about the health risks associated with alcohol and drug use, motivate them to change their behaviors, and support them in addressing the concerns that may be underlying their substance use. School health providers are concerned about youth substance use because it impacts a student's long-term health outcomes and their academic performance. Substance use is linked to lower grades, student absenteeism, and higher rates for high school dropout. Adolescent substance use is also highly predictive of adult substance abuse because the adolescent brain is still developing making it more susceptible to addiction. Nine out of ten people meeting the clinical criteria for a substance use disorder began using one or more addictive substances before the age of 18. Schools, school-based health programs, and school support services are ideally positioned to educate, prevent, and intervene early in youth substance use, preventing experimentation from escalating to misuse or addiction."
According to the Author
"AB 2711 is an approach that aims to address drug-related infractions by requiring that schools create a public health approach instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59% of drug-related suspensions are of boys, over 83% are of socioeconomically disadvantaged students and 83% are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction."
Arguments in Support
Children Now, a co-sponsor of the bill, writes, "Youth alcohol, tobacco, and other drug use is a significant public health concern linked to a wide range of academic, social, and health problems. Adolescent substance use is highly predictive of adult substance abuse because the adolescent brain is still developing, making it more susceptible to addiction.
Research notes that schools can and should cultivate a positive environment in which youth feel supported, cared for, and have a safe place to rely on for help. Unfortunately, current school policies regarding drugs are largely punitive and tend reduce feelings of school connectedness, leaving students to feel less like the adults and peers in school care about their learning and health. For students who encounter drug infractions, suspension and expulsion has proven to be ineffective and can have long-lasting consequences like increasing dropout rates and accelerating delinquency in students, exacerbating the school-to-prison pipeline.
Schools, school-based health programs, and community-based support services are ideally positioned to educate, prevent, and intervene early in youth substance use, preventing experimentation from escalating to misuse or addiction. AB 2711 would limit the ability of educators to suspend or expel due to illicit drug infractions at school by instead requiring a school district, county office of education, or charter school to establish a public health framework. This public health approach would include identifying and referring youth with substance use needs to community-based services, including mechanisms for screening and referral, education on overdose risk and training for school staff, and making connections with community-based support service providers."
Arguments in Opposition
The Small School Districts Association writes, "We acknowledge the importance of supporting students rather than penalizing them, and we appreciate the author's recent amendments to allow suspension after two interventions. However, we contend that the ability to suspend or expel a student does not mutually exclude the provision of support services. In fact, these disciplinary actions often act as a pivotal point for intervening and connecting affected students with necessary rehabilitation and counseling services.
We would further argue that this bill sends the wrong message to our students. Allowing students two "do-overs" before schools would have the authority to expel or suspend students for these serious offenses might give students the wrong ideas regarding the severity of drug and alcohol use. More and more in California, we are asking schools to address the whole child in preparing them for life in our society. We feel this measure runs counter to that goal by removing consequences for these offenses.
Lastly and perhaps most importantly, the presence and use of controlled substances in schools compromise the safety of the learning environment for all students and staff. As drugs like fentanyl become more pervasive amongst recreational drugs, signaling to students that it is "okay" to possess intoxicants on campus puts the lives of all students at risk. The ability to suspend or expel serves not only as a deterrent but also as a critical measure to maintain a safe and conducive educational environment."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- One-time and ongoing Proposition 98 General Fund costs, of an unknown amount, to instruct staff on the new requirements of this bill and to document means of correction for students as it relates to controlled substances. Costs to include the documentation on an ongoing basis likely would be minor, as schools routinely document various items relating to students. While the costs of these requirements are likely minor, costs could exceed $150,000 as the state has over 10,000 schools and just under six million students.
If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.
- Ongoing Proposition 98 General Fund cost pressures of a potentially significant amount, to schools to implement professional development, campus-wide programs and activities that provide mentoring and school counseling to students, and drug prevention activities and programs. This bill encourages schools to implement these activities.
VOTES
ASM EDUCATION: 6-0-1
YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, McCarty
ABS, ABST OR NV: Hoover
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Ta
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: April 29, 2024
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0003126
Date of Hearing: May 15, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2711
Author:(Ramos) – As Amended Ver:April 29, 2024
Policy Committee: | Education | Vote: | 6 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill places restrictions on the conditions under which a school may suspend or expel a student as it relates to controlled substances. The bill also encourages schools to implement campuswide programs and activities that provide mentoring and school counseling to students.
Specifically, this bill, commencing July 1, 2026, requires schools to document other means of correction, such as enrollment in a substance use or mental health program, before suspending a student from school on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind or (2) having possessed or used tobacco products. The bill, commencing July 1, 2026, would also remove these acts from the list of acts for which a student may be recommended for expulsion, with certain exceptions. The bill requires a school to instead document other means of correction used before suspending a student, and adds enrollment in a substance use or mental health prevention, treatment, or services program or a tobacco cessation program to the list of means of correction.
In addition, the bill encourages schools to implement professional development and training for school staff on drug prevention and related topics, campuswide programs and activities that provide mentoring and school counseling, including to students at risk of drug use and abuse, and evidence-based drug prevention activities and programs.
FISCAL EFFECT:
- One-time and ongoing Proposition 98 General Fund costs, of an unknown amount, to instruct staff on the new requirements of this bill and to document means of correction for students as it relates to controlled substances. Costs to include the documentation on an ongoing basis likely would be minor, as schools routinely document various items relating to students. While the costs of these requirements are likely minor, costs could exceed $150,000 as the state has over 10,000 schools and just under six million students.
If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.
- Ongoing Proposition 98 General Fund cost pressures of a potentially significant amount, to schools to implement professional development, campuswide programs and activities that provide mentoring and school counseling to students, and drug prevention activities and programs. This bill encourages schools to implement these activities.
COMMENTS:
- Purpose. According to the author:
AB 2711 is an approach that aims to address drug-related infractions by requiring that schools create a public health approach instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59% of drug-related suspensions are of boys, over 83% are of socioeconomically disadvantaged students and 83% are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction.
- Background. Current law allows a school administrator to suspend of expel a student for certain acts, including a determination that a student (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, or (3) unlawfully possessed drug paraphernalia.
This bill places restrictions on the conditions under which a school may suspend or expel a student as it relates to controlled substances.
- Related Legislation. AB 2351 (Lowenthal) authorizes, until January 1, 2028, a student to be suspended from school or recommended for expulsion on the basis of specified acts taking place outside of school hours, if certain conditions are met. The bill is pending in this committee.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 24, 2024
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 2711 (
Author:Ramos) – As Amended Ver:April 15, 2024
SUBJECT: Suspensions and expulsions: controlled substances: tobacco: alcohol: plans and protocols
SUMMARY: As of July 1, 2026, removes the possession of tobacco products and controlled substances on school grounds or at a school activity as bases for suspension from school, unless two documented unsuccessful interventions have been provided; authorizes the removal of a student from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant, provided that the student is excused due to illness; prohibits a student from being recommended for expulsion for possession, use or being under the influence of a controlled substance, alcohol, an intoxicant, or possession or use of tobacco products; prohibits disciplinary actions for students who disclose their use of tobacco, a controlled substance, or alcohol, or who are seeking help for services or supports; requires local educational agencies (LEAs) to develop a plan for students who possess or use tobacco, a controlled substance, or alcohol on school property, in collaboration with specified individuals; specifying appropriate supports and interventions for students; requires schools to refer students for supports and interventions and to review these with the student and their parents or guardians after four to six weeks to determine if further supports are required; and encourages schools to provide school-wide education and prevention activities. Specifically, this bill:
- As of July 1, 2026, authorizes a student to be suspended from school on the basis of unlawful possession, use, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, only under the following conditions:
- The student is provided with two opportunities for supportive interventions, as specified in the school’s adopted plan;
- After two documented unsuccessful interventions, the student may be suspended; and
- A student may be removed from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, provided that the student is excused due to illness.
- As of July 1, 2026, authorizes a student to be suspended from school on the basis of possession or use of tobacco or products containing tobacco or nicotine, only under the conditions in (1) above.
- Prohibits a student in kindergarten through 12th grade from being recommended for expulsion for unlawful possession, use, or being under the influence of a controlled substance, an alcoholic beverage, an intoxicant of any kind, or possession or use of tobacco, or products containing tobacco or nicotine.
- Prohibits a student enrolled in a charter school in kindergarten through 12th grade from being suspended or recommended for expulsion solely based upon the possession or use of tobacco or products containing tobacco or nicotine, or the possession, use, or being under the influence of a controlled substance, as specified, an alcoholic beverage, or an intoxicant of any kind, as of July 1, 2026.
- As of July 1, 2026, authorizes a student in a charter school in kindergarten through 12th grade to be suspended from school on the basis of unlawful possession, use, or being under the influence of a controlled substance, as defined, an alcoholic beverage, or an intoxicant of any kind, only under the following conditions:
- The student is provided with two opportunities for supportive interventions, as specified in the school’s adopted plan;
- After two documented unsuccessful interventions, the student may be suspended; and
- A student may be removed from campus for the day who is under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind provided that the student is excused due to illness.
- Removes the requirement that a principal or superintendent of schools recommend the expulsion of a student for unlawful possession of any controlled substance (other than first offense of one ounce of marijuana) committed at school or at a school activity off school grounds unless they determine that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct.
- Removes the authority of a governing board of a school district to order a student expelled upon finding that the student, at school or at a school activity off school grounds, possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
- Requires each school district, county office of education (COE), and charter school to adopt a plan by July 1, 2026, to address students who possess or use tobacco, a controlled substance, or alcohol on school property, and to include all of the following requirements:
- Be youth-informed;
- Include information on where, on campus and in the community, students can receive education, treatment, or support for substance use; and
- Be developed in consultation with the appropriate staff, which may include school staff, youth behavioral health staff, the COE, community-based organizations, health providers, local child welfare agencies, institutions of higher education, businesses, clinical experts, managed care plans, county behavioral health departments, or other public and private entities; and
- Include appropriate supports and interventions for students, including the use of prevention and intervention planning, implementation, and evaluation for students.
- Requires the plan to include all of the following protocols after an incident involving a student using or in possession of tobacco, a controlled substance, or alcohol on school property occurs:
- The principal, or designee, consults with the student and the student’s parents or legal guardians, but the parent or guardian’s unwillingness to consult must not prevent the school from attempting to provide interventions and supports for the student;
- Prohibits disciplinary actions for students who disclose their use of tobacco, a controlled substance, or alcohol, or who are seeking help for services or supports;
- Requires the principal, or designee, after collaboration with the student, their parents or legal guardians, and internal and external staff, to select or refer, with the student’s consent, the appropriate supports and interventions, which may include prevention and intervention programs and activities to support the student, including but not limited to the following:
- School-based and school-linked mental health services, including early identification of drug use and referrals to counseling services or partnerships with public or private healthcare entities that have qualified mental and behavioral health professionals;
- Academic intervention and mentoring within the community;
- A physical health assessment;
- After school programs; and
- Other appropriate community resources.
- Requires the principal, or designee, in conjunction with relevant teachers and school staff, to document and record confirmation of the student’s receipt of the selected prevention or intervention program and supports, including any internal or external supports or interventions, and any care coordination support.
- Requires, after four to six weeks, the principal or designee to review the plan with the student and the parents or legal guardians, to assess the extent to which each goal has been met, and to, with the student’s consent, determine whether to maintain, intensify, or phase out the interventions or supports. Requires that the student and parents or guardians be informed in writing of progress and any changes made to the intervention plans. If the student’s parents or guardians did not participate in the student’s initial consultation, a school may determine whether it is appropriate to include those parents or guardians in the review of the plan.
- Requires the school, in order to best inform their policies, to maintain records of the number of times the protocols required by this measure were initiated during a school year, including the following information for each student:
- The outcome;
- Age;
- Sex;
- Race and ethnicity;
- Foster youth status; and
- Home language.
- Encourages LEAs to implement all of the following:
- Professional development and training for school staff, specialized instructional support personnel, and interested community members on drug prevention, education, early identification, intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral. Requires training to include best practices that are socially and culturally relevant and trauma-informed;
- Evidence-based drug prevention activities and programs that educate against the use of alcohol, marijuana, tobacco, cannabis, smokeless tobacco products, electronic cigarettes, vaporizer devices, and other illicit drugs;
- Campus-wide programs and activities that provide mentoring and school counseling to all students, including those who are at risk of drug use and abuse.
- States that this section does not affect a parent’s or legal guardian’s rights relating to the care, custody, and control of their minor child.
- Defines the following terms for these purposes:
- “Controlled substance” as a controlled substance listed in Chapter 2, Division 10, Section 11053 of the Health and Safety Code; and
- “Local educational agency” as a school district, COE, or charter school.
- Expresses the intent of the Legislature to do all of the following:
- Provide teachers and school administrators with the means to foster safe and supportive learning environments for all children in California:
- Reduce the number of suspensions and expulsions experienced by students due to illicit drug use and possession in schools;
- Require LEAs to take a supportive approach when dealing with pupils who use or possess drugs on campus; and
- Ensure that students who transfer between multiple classrooms, taught by multiple teachers, be allowed to attend all remaining classes for which they have not been removed for disciplinary purposes.
- Technical and clarifying changes.
EXISTING LAW:
- Prohibits a student from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school determines that the student has committed any of the following offenses:
- Causing, attempting to cause, or threatening to cause physical injury to another person, or willfully using force or violence upon another person, except in self-defense;
- Possessing, selling, or otherwise furnishing a firearm, knife, explosive, or other dangerous object, unless the student had obtained prior written permission to possess the item;
- Unlawfully possessing, using, selling, or otherwise furnishing a controlled substance;
- Unlawfully offering, arranging, or negotiating to sell a controlled substance, an alcoholic beverage, or an intoxicant of any kind;
- Committing or attempting to commit robbery or extortion;
- Causing or attempting to cause damage to school property or private property;
- Stealing or attempting to steal school property or private property;
- Possessing or using tobacco or products containing tobacco or nicotine products;
- Committing an obscene act or engaging in habitual profanity or vulgarity;
- Unlawfully possessing or unlawfully offering, arranging, or negotiating to sell drug paraphernalia;
- Knowingly receiving stolen school property or private property;
- Possessing an imitation firearm;
- Committing or attempting to commit a sexual assault or sexual battery;
- Harassing, threatening, or intimidating a student who is a complaining witness or a witness in a school disciplinary proceeding in order to prevent the student from being a witness or retaliating against that student for being a witness, or both;
- Unlawfully offering, arranging to sell, or negotiating to sell the prescription drug Soma;
- Engaging in or attempting to engage in hazing;
- Engaging in the act of bullying, including bullying committed by means of an electronic act;
- Committing sexual harassment (grades 4 through 12 only);
- Causing or attempting to cause, threatening to cause, or participating in an act of hate violence (grades 4 through 12 only);
- Engaging in harassment, threats, or intimidation against school district personnel or students that have the effect of disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or students by creating an intimidating or hostile educational environment (grades 4 through 12 only); and,
- Making a terroristic threat against school officials, school property, or both.
(Education Code (EC) Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7)
- Requires the principal or superintendent of schools to recommend the expulsion of a student for any of the following acts committed at school or at a school activity off school grounds, unless it is determined that the expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct:
- 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 student;
- Unlawful possession of any controlled substance, as specified;
- Robbery or extortion; and
- Assault or battery, as defined, upon any school employee. (EC 48915)
- Prohibits a student in kindergarten through 5th grade from being suspended for disrupting school activities or otherwise willfully defying the valid authority of school personnel, and prohibits these acts from being grounds for any student from kindergarten through 12th grade to be recommended for expulsion. (EC 48900).
- Prohibits a student in 6th through 8th grade from being suspended for disrupting school activities or otherwise willfully defying the valid authority of school personnel until July 1, 2025. (EC 48900)
- Requires that a suspension only be imposed when other means of correction fail to bring about proper conduct. Specifies that other means of correction may include, but are not limited to, the following:
- A conference between school personnel, the student's parent or guardian, and the student;
- Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support personnel for case management and counseling;
- 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 student and his or her parents;
- Referral for a comprehensive psychosocial or psychoeducational assessment;
- Enrollment in a program for teaching prosocial behavior or anger management;
- Participation in a restorative justice program;
- A positive behavior support approach with tiered interventions that occur during the schoolday on campus; and
- After school programs that address specific behavioral issues or expose students to positive activities and behaviors. (EC 48900.5)
- Defines Chapter 2 controlled substances as including, but not limited to:
- Opiates;
- Opium derivatives;
- Hallucinogenic substances;
- Depressants; and
- Any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its isomers: Cocaine base, Fenethylline, including its salts, and N-Ethylamphetamine, including its salts. (Health and Safety Code (HSC) 11054)
- Defines tobacco products as any of the following:
- A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;
- An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah
- Any component, part, or accessory of a tobacco product, whether or not sold separately. (Business and Professions Code (BPC) 22950.5)
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. According to the author, “AB 2711 is an approach that aims to address drug-related infractions by requiring that schools create a public health approach instead of relying on suspensions and expulsions. This would ensure that we arm the students with the necessary tools to address the drug use in order to reduce the likelihood of them becoming long-term drug users. Over 59% of drug-related suspensions are of boys, over 83% are of socioeconomically disadvantaged students and 83% are of youth of color. These numbers are alarming and in order to better protect our youth, we must look at addressing the health needs of students in these situations to reduce the likelihood of future substance abuse and addiction.”
Drug, alcohol, and tobacco use among secondary students. The Seventeenth Biennial State California Healthy Kids Survey (CHKS) which was administered to a randomly selected, representative state sample of secondary students in grades seven, nine, and eleven between fall 2017 and spring 2019, includes the following findings as compared to previous iterations of the survey:
- Little improvement has occurred in most engagement measures, including school connectedness, academic motivation, and self-reported grades. In 11th grade, only 53% were classified as being connected to the school, compared to 62% in 7th grade.
- Lifetime marijuana use was reported by 6%, 17%, and 29% of students by ascending grade. Trends varied, increasing by two points in 7th grade, stable in 9th, and down almost three points in 11th after large declines in 2015-17.
- Current use of prescription drugs to get “high” declined slightly in 9th and 11th grades, by 1.5 points to 2% in both grades, continuing its decline since 2013-15. There was little change in current inhalant use in any grade, which remained below 2%.
- Current heavy drug use was reported by 2%, 6%, and 10% of 7th, 9th, and 11th graders, respectively, remaining unchanged from 2015-17. Heavy drug use has declined by between two and five percentage points since 2013-15.
- Current alcohol and other drug use on school property increased slightly in all grades (to 4%, 7%, and 8%) after declining since 2011-13. The uptick occurred primarily due to the increase in marijuana use at school.
- The percentage of high school students who were ever drunk or “high” on drugs on school property was stable in 9th grade at 8% but declined two points in 11th to 12%. The rate has steadily declined since 2011-13, by about half in all grades.
The authors of the CHKS report contend that using alcohol or other drugs at school is an indicator of both heavy substance use and disengagement from school and learning.
California suspensions and expulsions have declined, but disproportionality remains. Data from the CDE shows that while the number of suspensions and expulsions decreased over the 10-year period from 2012-13 to 2022-23, the number of African American students suspended or expelled remains significantly above their proportionate enrollment:
- Total suspensions for all offenses dropped 44%, from 609,810 to 337,507;
- African American students made up 6% of enrollment in 2012-13 and 5% in 2022-23, but received 19% of total suspensions in 2012-13 and 15% in 2022-23; and
- Total expulsions dropped by 44% over the 10-year period, from 8,564 in 2012-13 to 4,750 in 2022-23; and
- African American students accounted for 13% of total expulsions in 20212-13 and 12% in 2022-23.
CDE data from 2022-23, identifies a total of 63,270 or 19% of all suspensions and 1,043 or 22%, of all expulsions were illicit drug-related. The data does not differentiate between possession, use, or sale of drugs. The suspensions and expulsions were disproportionately imposed on students of color, as shown in the table below:
Ethnicity | % of total statewide enrollment | % of illicit drug expulsions | % of illicit drug suspensions |
African American | 5.1% | 4.2% | 7.2% |
Hispanic or Latino | 56.1% | 75.0% | 67.3% |
White | 20.5% | 13.6% | 17.0% |
Source: CDE DataQuest 2022-23
Research suggests that punitive approaches to drug use in schools are ineffective. A research paper, Beyond Zero Tolerance: A Reality-Based Approach to Drug Education and School Discipline notes,“Most American high schools do not offer effective drug education, nor do they provide interventions to assist students struggling with abuse of alcohol and other drugs. Instead, they rely primarily on deterrent punishment for students who are caught violating the rules. Proponents of the “big four” consequences – exclusion from extracurricular activities, transfer to another school, suspension, and expulsion – believe that harsh consequences for those who are caught will deter other students from committing similar offenses, and too often constitute the whole of prevention. But research has shown that these punishments are not likely to change students’ behavior. Ironically, rather than serving as an effective deterrent, drug education that lacks credibility and is backed by punitive measures often fosters resentment and oppositional behavior. The few secondary schools that offer drug education often repeat messages that may have had some credence for elementary school students but lack credibility for older, more experienced teenagers.” (Skager, 2013)
Impacts of exclusionary discipline policies. One study, Educational and Criminal Justice Outcomes 12 Years After School Suspension, notes that “school suspensions aim to obtain better behavior from the punished student and maintain school norms by removing students. Suspension removes disruptive students from schools temporarily and may improve school climate by reducing peer influences to engage in deviant behavior.” The study goes on to note that a body of research has found that suspended students are more likely to:
- Engage in antisocial behavior;
- Have involvement with the criminal justice system;
- Be arrested both during the month of suspension and within a year of suspension; and
- Use marijuana and tobacco.
The study also cites various longitudinal research findings, including:
- Youth suspended in ninth grade were less likely to graduate high school, graduate on time, and enroll in postsecondary education; and
- Twelve years after suspension, suspended youth were less likely to have earned degrees or high school diplomas and were more likely to have been arrested or on probation. (Rosenbaum 2018)
Some researchers conclude that “suspensions may act more as a reinforcer than a punisher for inappropriate behavior. Others raise doubts as to whether harsh school discipline has a deterrent value. Frequent use of suspension alone has no measurable positive deterrent or academic benefit to either the students who are suspended or to non-suspended students.” (Losen, 2011). The American Academy of Pediatrics states, “Without the services of trained professionals, such as pediatricians, mental health professionals, and school counselors, and without a parent at home during the day, students with out-of-school suspensions and expulsions are far more likely to commit crimes.”
Researchers have pointed out that “many suspended students find school to be challenging and experience suspension from school as a reward. Suspensions may be reinforcing and even incentivizing the very behavior they are meant to correct.” (Rumberger, 2017).
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.”
Disparities in the rate of school suspensions. The disproportionate incidence of suspensions and expulsions among certain populations of students, including African American students, has gained nationwide attention in recent years. A 2018 report by the U.S. Government Accountability Office (GAO), K-12 Education: Discipline Disparities for Black Students, Boys, and Students with Disabilities, found that black students, boys, and students with disabilities were disproportionately disciplined in K-12 schools, based upon an analysis of the Civil Rights Data Collection (CRDC).
CRDC data show that there was an overall 2% decline in the use of exclusionary discipline practices in public schools in the U.S. from the 2015-16 school year to the 2017-18 school year. However, there was an increase during this period of school-related arrests, expulsions with educational services, and referrals to law enforcement. The data also shows a continued disproportionality in exclusionary practices during the 2017-18 school year:
- Black students accounted for 15.1% of total student enrollment in the U.S. and received 38.8% of expulsions with educational services and 33.3% of expulsions without educational services;
- Students with disabilities represented 13.2% of enrollment and received 23.3% of expulsions with educational services and 14.8% of expulsions without educational services;
- Boys accounted for 51.4% of enrollment and received 69.5% of in-school suspensions, and 70.5% of out-of-school suspensions;
- 31.4% of Black students received one or more in-school suspensions, and 38.2% received one or more out-of-school suspensions;
- 20.5% of students with disabilities received one or more in-school suspensions, and 24.5% received one or more out-of-school suspensions;
- Black students with disabilities represent 2.3% of student enrollment, 6.2% received one or more in-school suspensions and 8.8% received one or more out-of-school suspensions; and
- Black students accounted for 28.7% of all students referred to law enforcement and 31.6% of all students arrested at school or during a school-related activity.
The GAO report review of research on the topic of disproportionate disciplinary actions suggests that “implicit bias on the part of teachers and staff may cause them to judge students’ behaviors differently based on the students’ race and sex. Teachers and staff sometimes have discretion to make case-by-case decisions about whether to discipline, and the form of discipline to impose in response to student behaviors, such as disobedience, defiance, and classroom disruption.” (GAO, 2018)
Research on student behavior, race, and discipline has found no evidence that African American overrepresentation in school suspension is due to higher rates of misbehavior. African American students were referred more often for behaviors that seem to require more subjective judgment on the part of the person making the referral (e.g., disrespect, excessive noise, threatening behavior, and loitering). (Losen, 2011)
Holding schools accountable for suspension and expulsion rates. California’s Local Control Funding Formula (LCFF) and Local Control and Accountability Plan (LCAP) requirements include school climate as one of the eight state priorities. All California school districts, COEs, and charter schools are required to report and examine student suspension and expulsion rates on their LCAP and annual updates. It has been suggested that this requirement to clearly report disciplinary actions, in the aggregate as well as by subgroup, increases the pressure on schools to employ alternatives to suspension and expulsion.
Addressing substance use disorders in school settings. According to the California School-Based Health Alliance, “School-based health centers (SBHCs) and wellness centers (WCs) are ideal places to identify youth using substances and provide evidence-based services that inform them about the health risks associated with alcohol and drug use, motivate them to change their behaviors, and support them in addressing the concerns that may be underlying their substance use. School health providers are concerned about youth substance use because it impacts a student’s long-term health outcomes and their academic performance. Substance use is linked to lower grades, student absenteeism, and higher rates for high school dropout. Adolescent substance use is also highly predictive of adult substance abuse because the adolescent brain is still developing making it more susceptible to addiction. Nine out of ten people meeting the clinical criteria for a substance use disorder began using one or more addictive substances before the age of 18. Schools, school-based health programs, and school support services are ideally positioned to educate, prevent, and intervene early in youth substance use, preventing experimentation from escalating to misuse or addiction.”
A review of research confirms the importance of expanding substance use services for youth in school. According to recent estimates, more than two-thirds of American adolescents reported that the pandemic had negative effects on their mental health. Co-occurring mental health and substance use problems were common among youth before the pandemic and the pandemic’s negative impacts on youth psychological well-being can lead to unhealthy coping strategies such as substance use. Studies examining changes in youth substance use during the pandemic have found mixed results, including decreases in alcohol use, increases in unhealthy use of nicotine and prescription drugs, and no change in the use of marijuana or binge drinking alcohol among 12th grade students. Experimentation or self-medication with alcohol and other drugs during adolescence can have particularly detrimental effects on social and emotional well-being and brain development, and it can increase the risk of chronic mental and behavioral health conditions, including substance use disorders. (Allen, 2022)
As schools have direct contact with youth, they have been considered a prime setting for delivering health education and healthcare to students. However, schools have also struggled to effectively provide mental health and substance use services for a variety of reasons. Only 10% of U.S. public schools today have SBHCs on campus. SBHCs have traditionally focused on primary care and have not often been a source of mental health or substance abuse care.
In California, 377 SBHCs are serving more than 340,000 students, but this is a small portion of the over 10,000 schools and over 5.8 million students. 79% of the SBHCs in California provide mental health services, but data is not readily available on how many SBHCs provide substance abuse services. (California School-Based Health Alliance)
Impact of punitive discipline policies on substance use. Researchers note that punitive school discipline policies and inadequate resources can undermine efforts to provide prevention, early intervention, and treatment services to youth in need in schools. In addition, inequities may persist if youth of color continue to disproportionately face punishment, rather than treatment, for substance use, as has historically been the case. (Allen, 2022)
One author suggests that “The long-standing stigma around people who develop substance or opioid use disorders contributes to the lack of attention to and investment in comprehensive, developmentally appropriate, and culturally and linguistically effective youth substance use services. Youth are often left to figure out on their own whether they might have a substance use problem or how to solve it, with little support and understanding from adults in their lives for fears of disappointing their parents or facing negative consequences at school. Schools and communities can become more nurturing and positive spaces that promote the overall health and wellness of youth and have the knowledge and resources to respond with kindness, support, and evidence-informed and equity-focused health approaches before substance use turns into a chronic, life-altering disorder.” (Allen, 2022)
Recommended Committee Amendments. Staff recommend that the bill be amended as follows:
- Requires that a pupil who possesses, uses, or is under the influence of a controlled substance, alcohol, or an intoxicant be offered access to available supportive interventions, prior to a suspension, which may include, but are not limited to substance use prevention and treatment, mental health counseling, or other supports from the list specified in subdivision (b) of Section 48900.5.
- Authorizes a pupil to be suspended for these acts only when other documented means of correction fail to bring about proper conduct or it is determined that the pupil’s possession of a controlled substance present an imminent risk of harm to other pupils or school staff.
- Prohibits a pupil from being recommended for expulsion for these acts, except as provided pursuant to Section 48915.
- Authorizes the removal of a pupil from campus for the day due to being under the influence of a controlled substance, alcohol, or an intoxicant, but removes reference to this being recorded as an excused absence.
- Prohibits a pupil who disclose their use of a controlled substance or alcohol when seeking help from being suspended solely for that disclosure.
- Defines tobacco products as is defined in subdivision (d) of Section 22950.5 of the Business and Professions Code, which includes vaping devices.
- Requires that a pupil who possesses or uses tobacco be offered access to available supportive interventions prior to a suspension, which may include, but are not limited to supports from the list specified in subdivision (b) of Section 48900.5.
- Prohibits a pupil who disclose their use of tobacco when seeking help from being suspended solely for that disclosure.
- Removes possession of drug paraphernalia from the offenses subject to suspension or expulsion.
- Removes the provision that a pupil be provided with two opportunities for supportive interventions prior to being suspended.
- Requires, rather than authorizes, a school to document other means of correction that are offered to a student prior to a suspension and to place the information in the pupil’s records.
- Adds “enrollment in a substance use or mental health prevention, treatment, or services program” and “enrollment in a tobacco cessation program” to the other means of correction to be employed prior to suspending a student.
- Requires that a pupil enrolled in a charter school who possesses, uses, or is under the influence of a controlled substance, alcohol, or an intoxicant, or the possession or use of tobacco products be offered access to available school-based or community-based supportive interventions, which may include, but are not limited to substance use or mental health prevention, treatment, and services programs, and tobacco cessation programs.
- Authorizes a charter school to suspend a pupil for these acts only if the supportive interventions offered have failed to bring about proper conduct.
- Authorizes the removal of a pupil from a charter school campus for the day due to being under the influence of a controlled substance, alcohol, or an intoxicant, but removes reference to this being recorded as an excused absence.
- Prohibits a pupil enrolled in a charter school who disclose their use of tobacco, a controlled substance, or alcohol when seeking help from being suspended solely for that disclosure.
- Prohibits a pupil enrolled in a charter school from being expelled on the basis of possessing, using, or being under the influence of a controlled substance, alcohol, or an intoxicant, except if it is determined that the pupil’s possession of the controlled substance presents an imminent risk of harm to other pupils or school staff.
- Removes the requirement that LEAs adopt a plan to address pupils who possess or use tobacco, a controlled substance, or alcohol on school property.
- Reinstates current law which requires that a principal or superintendent recommend the expulsion of a pupil for the unlawful possession of a controlled substance, (other than for the first offense of no more than one ounce of marijuana or the pupil’s own medication) that presents an imminent risk of harm to pupils or staff of the school, 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.
Arguments in support. Children Now, a co-sponsor of the bill, writes, “Youth alcohol, tobacco, and other drug use is a significant public health concern linked to a wide range of academic, social, and health problems. Adolescent substance use is highly predictive of adult substance abuse because the adolescent brain is still developing, making it more susceptible to addiction.
Research notes that schools can and should cultivate a positive environment in which youth feel supported, cared for, and have a safe place to rely on for help. Unfortunately, current school policies regarding drugs are largely punitive and tend reduce feelings of school connectedness, leaving students to feel less like the adults and peers in school care about their learning and health. For students who encounter drug infractions, suspension and expulsion has proven to be ineffective and can have long-lasting consequences like increasing dropout rates and accelerating delinquency in students, exacerbating the school-to-prison pipeline.
Schools, school-based health programs, and community-based support services are ideally positioned to educate, prevent, and intervene early in youth substance use, preventing experimentation from escalating to misuse or addiction. AB 2711 would limit the ability of educators to suspend or expel due to illicit drug infractions at school by instead requiring a school district, county office of education, or charter school to establish a public health framework. This public health approach would include identifying and referring youth with substance use needs to community-based services, including mechanisms for screening and referral, education on overdose risk and training for school staff, and making connections with community-based support service providers.”
Arguments in opposition. The Small School Districts Association writes, “We acknowledge the importance of supporting students rather than penalizing them, and we appreciate the author’s recent amendments to allow suspension after two interventions. However, we contend that the ability to suspend or expel a student does not mutually exclude the provision of support services. In fact, these disciplinary actions often act as a pivotal point for intervening and connecting affected students with necessary rehabilitation and counseling services.
We would further argue that this bill sends the wrong message to our students. Allowing students two “do-overs” before schools would have the authority to expel or suspend students for these serious offenses might give students the wrong ideas regarding the severity of drug and alcohol use. More and more in California, we are asking schools to address the whole child in preparing them for life in our society. We feel this measure runs counter to that goal by removing consequences for these offenses.
Lastly and perhaps most importantly, the presence and use of controlled substances in schools compromise the safety of the learning environment for all students and staff. As drugs like fentanyl become more pervasive amongst recreational drugs, signaling to students that it is “okay” to possess intoxicants on campus puts the lives of all students at risk. The ability to suspend or expel serves not only as a deterrent but also as a critical measure to maintain a safe and conducive educational environment.”
Related legislation. AB 599 (Ward) of the 2023-24 Session would have prohibited a pupil from being suspended or expelled from school for possessing or using tobacco or nicotine products beginning July 1, 2025. This bill would also have required the CDE to develop and make available a model policy for a public health approach to addressing student possession and use of drugs on school property by July 1, 2025. This bill was held in the Senate Appropriations Committee.
AB 1919 (Weber) of the 2023-24 Session would require a school district to document any alternative means of correction used prior to the suspension of a student and requires LEAs to adopt at least one of the best practices for restorative justice implementation developed by the CDE.
AB 2441 (Kalra) of the 2023-24 Session would eliminate criminal penalties for “willful disturbance” of a school or school meeting by students and grant a school principal discretion to report specified incidents, including drug infractions, to law enforcement if it does not include a firearm, as specified.
SB 274 (Skinner), Chapter 597, Statutes of 2023, prohibits the suspension or expulsion of a student enrolled in 6th through 12th grade in a public school on the basis of willful defiance until July 1, 2029, authorizes employees to refer students to school administrators for in-school interventions or supports, and requires that administrators document the actions taken in the student’s record and inform the referring employee of those actions.
AB 2598 (Akilah Weber), Chapter 914, Statutes of 2022, requires the CDE to develop and post on its website by June 1, 2024, evidence-based best practices for restorative justice practices for LEAs to implement to improve campus culture and climate.
SB 419 (Skinner), Chapter 279, Statutes of 2019, commencing July 1, 2020, permanently extends the prohibition against suspending a student enrolled in kindergarten through grade 3 for disrupting school activities or otherwise willfully defying the valid authority of school staff to include grades 4 and 5 permanently; and to include grades 6 to 8, until July 1, 2025; and applies these prohibitions to charter schools.
AB 420 (Dickinson) Chapter 660, Statutes of 2014, eliminated the authority to suspend a student enrolled in kindergarten through 3rd grade, and the authority to recommend for expulsion a student enrolled in grades kindergarten through 12th grade for disrupting school activities or otherwise willfully defying the valid authority of school personnel engaged in the performance of their duties. The bill sunset on July 1, 2018.
REGISTERED SUPPORT / OPPOSITION:
Support
ACLU California Action |
Aldea Children & Family Services |
Alliance for Children's Rights |
Association of Community Human Service Agencies |
California Academy of Child and Adolescent Psychiatry |
California Alliance of Caregivers |
California Community Foundation |
California Consortium for Urban Indian Health |
California Public Defenders Association |
California School-based Health Alliance |
California Youth Empowerment Network |
Children Now |
Children's Institute |
Communities United for Restorative Youth Justice |
Community Solutions for Children, Families and Individuals |
Didi Hirsch Mental Health Services |
Helpline Youth Counseling |
Hillsides Pasadena |
Lincoln Families |
Mental Health America of California |
National Center for Youth Law |
Oakland Unified School District |
Progress Ranch Treatment Services |
Psychiatric Physicians Alliance of California |
Redwood Community Services |
Seneca Family of Agencies |
St Anne's Family Services |
Stanford Sierra Youth and Families |
Steinberg Institute |
Sycamores |
The Children's Partnership |
The Los Angeles Trust for Children's Health |
Trinity Youth Services |
Westcoast Children's Clinic |
Youth Leadership Institute 2 individuals |
Opposition
Kern County Superintendent of Schools Office
Small School Districts Association
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
Discussed in Hearing
4MIN
Assembly Floor
2MIN
Senate Floor
28SEC
Senate Standing Committee on Appropriations
13MIN
Senate Standing Committee on Education
2MIN
Assembly Floor
11MIN
Assembly Standing Committee on Education
Bill Author
Bill Co-Author(s):