Legislation
Youth, parents, community organizers, advocates, educators, and community members continue to lead the way in shifting the conversation about school discipline, school push-out, and criminalization. Here is some of the California Legislation that is helping school communities create better places to learn:
Under current California law (SB 274, Skinner), no student can be expelled or suspended for only “defiance” or “being disruptive.” Instead, school administrators must show that the student violated the Education Code. In most cases, the school must also try other things to correct the student’s behavior before suspension, such as referrals of Positive Behavioral Support approaches.
A school administrator, such as a principal, can only suspend or expel a student for the specific reasons listed in the Education Code.
When a behavior does not fit into any specific reason, schools have sometimes suspended students under a “catch-all” category known as “Willful Defiance.” Education Code 48900 (k). The California Education Code does not explain what acts fall under this category, so schools used to decide for themselves.
Schools have suspended students for minor behaviors like talking back or forgetting homework. Schools suspend students of color, students with disabilities, and LGBTQ students more often for defiance/ disruption.
Studies show this is because teachers and administrators have unconscious and conscious biases. Due to these biases, a teacher may treat the same behavior differently depending on the student’s race, gender, class, and other characteristics.
Community fought for many years to change California law to protect students from discriminatory suspensions for only “defiance” or “disruption.”
For more information, check out:
Suspending students from school, regardless of age, fails to improve behavior and greatly increases the likelihood of students getting pushed out of school and into the juvenile justice system. SB 419 addresses school push-out by dramatically decreasing suspensions in the applicable grades for minor misbehavior. Existing law prohibits suspension of a student enrolled in kindergarten through grade 3 for “disruption/defiance.” Existing law also prohibits recommending the expulsion of any student enrolled in kindergarten through grade 12 for “disruption/defiance.”
On September 19, 2019, Gov. Gavin Newsom signed SB 419 into law. SB 419, is a bill by Senator Nancy Skinner which banned school suspensions as a result of “willful defiance” or “defiance disruption,” a catchall category undefined in the California Education Code. This law took effect on July 1, 2020, and expanded the ban against defiance/disruption to more grades. For students in grades K through 5, SB 419 permanently bans suspensions for defiance/disruption. For students in grades 6 through 8, SB 419 temporarily bans suspensions for defiance/disruption until July 1, 2025. The protection for students in 6 through 8 will end on July 1, 2025, unless the legislature decides to extend them. SB 419 permanently bans expulsions for “defiance/disruption” for students in grades K through 12. SB 419 applies to Charter Schools whose school discipline policy follow the California Education Code. Read more on SB 419 with FSD’s SB 419 Know-Your-Rights resource tool below.
More Information is on the SB 419 Fact Sheet.
You can also find resources on our Know Your Rights SB419 Document.
Student Transfers from Juvenile Court Schools
2014
This bill helps ensure that youth involved in the juvenile justice system have a successful educational transition when they return to their local schools by requiring education agencies and the probation department to implement joint transition policies. It also creates a statewide process to help share and promote best practices for this transition. It also clarifies existing law to reaffirm that students who have been in a juvenile court school have the right to immediate enrollment, partial credits, speedy record transfer, and school of origin protections.
Fact Sheet on AB 2276
Success for Involuntarily Transferred Students
2014
The bill establishes basic safeguards for children transferred to county community schools so they have the best opportunity for success. It does so by making sure that for students transferred by a School Attendance Review Board the school is geographically accessible, has an available space, and can meet the educational needs of the student. For such students, it also allows them to return to another appropriate school the semester after the semester when they enter the school. This bill will also help close the “involuntary transfer” loophole that allows students to be essentially expelled via transfer often to the same alternative schools, even after they win their case.
Fact sheet on SB 1111
Support for Homeless Students Facing Expulsion
2014
This bill requires school districts to notify and invite the homeless educational liaison for the school district to attend key meetings for a homeless student who is facing expulsion for discretionary reasons in order to provide support and resources.
Limiting School Removal for “Willful Defiance”
2014
This bill eliminates expulsions from a school district for all students and suspension for our youngest (K-3) students under Education Code 48900 (k), which deals with basic disruption and willful defiance.
Fact sheet on AB 420
Bullying Prevention Training
2014
This bill requires to the California Department of Education to develop an online training module to help everyone in the school community better understand how to address and prevent bullying.
No Incarceration for Students Who Miss School
2014
This bill will eliminate loopholes that permit the incarceration of truant youth through contempt charges, or other violations of a court order to attend school. This measure would ensure that the Legislature’s longstanding intent that truants not be incarcerated. In doing so, it will dismantle a small, but significant piece of the school to prison pipeline.
School Finance
2013
This bill establishes the Local Control Funding Formula to target resources to districts with the highest-need students and increase local discretion over funding decisions. Requires every district and county office of education to develop three-year Local Control and Accountability Plans, updated annually, which provides how they plan to address eight state priority areas, including school climate. In connection with school climate, they must specify goals and actions related to suspension and expulsion rates.
Pupil Rights: Suspension or Expulsion
2012
This bill requires that other means of correction be used prior to “in-school suspension” in addition to out-of-school suspension. Provides a comprehensive list of what is included as “other means of correction,” including parent conference meetings, positive behavior interventions and supports, and Restorative Justice.
Fact Sheet on AB 1729
Foster Children: Suspension and Expulsion
2012
Ensures that social workers and attorneys who represent a foster youth know of pending discretionary school removals for students with special needs, meetings for which an extended suspension and expulsion is contemplated, and expulsions for all students, and are invited to the key meetings/hearings regarding such removals, and can offer services and supports and tools to assist the students. Includes legislative intent language to help ensure that education rights holders are invited to all school discipline meetings.
Fact sheet on AB 1909
Pupil Discipline: Suspensions and Expulsions
2012
This bill gives additional discretion to administrators not to expel in certain circumstances and makes it clear that possession of an imitation firearms or medication for personal use are NOT zero tolerance, mandatory offenses.
School Districts: Truancy
2012
This bill aligns truancy laws with best practices by giving school districts more discretion in determining whether a pupil is truant and whether a truant youth should be referred to the Juvenile Court. Reduces court fine for truancy and prioritizes the creation of a school attendance plan with the student and parent over a referral to police.
Fact sheet on AB 2616
Pupils: Readmission
Comprehensive School Safety Plans: Mental Health Professionals and Police Role on Campus Guidelines
2013
This bill encourages schools in their required comprehensive school safety plans to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campus, if the school district uses these people. The guidelines may include primary strategies to create and maintain a positive school climate, promote school safety, and increase pupil achievement, and prioritize mental health and intervention services, restorative and transformative justice programs, and positive behavior interventions and support.
Join The Fix School Discipline Email List!
Sign up for our mailing list to hear about the latest news and resources to assist in changing the landscape of school discipline.