SB 274 — Suspensions and expulsions: willful defiance: interventions and supports.

Summary

(1) Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts, including, among other acts, disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. Existing law authorizes a teacher to suspend any pupil from class for any of the listed acts, including willful defiance, for the day of the suspension and the day following. Existing law prohibits the suspension of a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, and recommending the expulsion of a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, for disrupting school activities or otherwise willfully defying the valid authority of those school personnel engaged in the performance of their duties. Existing law, until July 1, 2025, prohibits the suspension of a pupil enrolled in any of grades 6 to 8, inclusive, for those acts. Existing law applies these same provisions to charter schools. This bill would extend the prohibition against the suspension of pupils enrolled in any of grades 6 to 8, inclusive, including those pupils enrolled in a charter school, for disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties to all grades, by 4 years to instead be until July 1, 2029, and, commencing July 1, 2024, would prohibit the suspension of pupils enrolled in any of grades 9 to 12, inclusive, including those pupils enrolled in a charter school, for those acts until July 1, 2029, but would retain a teacher's existing authorization to suspend any pupil in any grade from class for any of the listed acts, including willful defiance, for the day of the suspension and the day following, as provided. (2) Existing law authorizes suspension to be imposed only when other means of correction, including, among other things, a conference between school personnel, the pupil's parent or guardian, and the pupil, or participation in a restorative justice program, fail to bring about proper conduct, except as provided. This bill would authorize certificated and classified employees, including certificated and noncertificated employees at charter schools, to refer pupils to school administrators for appropriate and timely in-school interventions or supports, from the specified list of other means of correction, for willful defiance, and would require school administrators, including charter school administrators, within 5 business days, to document the actions taken and to place that documentation in the pupil's record, as specified. The bill would also require the school administrator, by the end of the 5th business day, to inform the referring 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. By imposing additional duties on public school administrators, the bill would impose a state-mandated local program. (3) Existing law states the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. This bill would instead prohibit a suspension or expulsion from being imposed against a pupil based solely on the fact that they are otherwise absent from school activities. (4) 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.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 08/14/23 - Amended Assembly pdf August 14, 2023
• Amended 07/03/23 - Amended Assembly pdf July 03, 2023
• Amended 04/10/23 - Amended Senate pdf April 10, 2023
• Introduced 02/01/23 - Introduced pdf February 01, 2023
• SB274 View text html

Action History

1. October 08, 2023

   Chaptered by Secretary of State. Chapter 597, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 13, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 07, 2023

   Assembly amendments concurred in. (Ayes 32. Noes 6. Page 2467.) Ordered to engrossing and enrolling.

5. September 06, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 06, 2023

   Read third time. Passed. (Ayes 61. Noes 13. Page 2959.) Ordered to the Senate.

7. September 05, 2023

   Read second time. Ordered to third reading.

8. September 01, 2023

   From committee: Do pass. (Ayes 12. Noes 3.) (September 1).

9. September 01, 2023

   Coauthors revised.

10. August 23, 2023

    August 23 set for first hearing. Placed on suspense file.

11. August 14, 2023

    Read second time and amended. Re-referred to Com. on APPR.

12. July 17, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 12).

13. July 03, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

14. June 20, 2023

    June 28 hearing postponed by committee.

15. May 18, 2023

    Referred to Com. on ED.

16. May 11, 2023

    In Assembly. Read first time. Held at Desk.

17. May 11, 2023

    Read third time. Passed. (Ayes 36. Noes 3. Page 1049.) Ordered to the Assembly.

18. April 20, 2023

    Read second time. Ordered to third reading.

19. April 19, 2023

    From committee: Do pass. (Ayes 7. Noes 0. Page 789.) (April 19).

20. April 10, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

21. April 10, 2023

    Set for hearing April 19.

22. April 05, 2023

    April 12 set for first hearing canceled at the request of author.

23. March 21, 2023

    Set for hearing April 12.

24. February 09, 2023

    Referred to Com. on ED.

25. February 02, 2023

    From printer. May be acted upon on or after March 4.

26. February 01, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Skinner · Primary
• Susan Rubio · Cosponsor

Votes

Subjects