AB 2351

Bill Subjects

Abstract

(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. Existing law authorizes suspension or expulsion for one of those acts if the act is related to a school activity or school attendance occurring at any time, including while going to and coming from school. This bill, until January 1, 2028, would limit the above-described authorization for suspension or recommendation for expulsion for certain acts that occur outside of school hours by providing that when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The bill, until January 1, 2028, would prohibit a pupil from being suspended or expelled for an act that occurs outside of school hours unless other means of correction fail to bring about proper conduct, as provided. (2) Existing law also authorizes suspension or recommendation for expulsion if the superintendent or the principal of the school determines that a pupil enrolled in any of grades 4 to 12, inclusive, has committed sexual harassment, as defined; a pupil enrolled in any of grades 4 to 12, inclusive, has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined; a pupil enrolled in any of grades 4 to 12, inclusive, has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment; or a pupil, of any grade, has made terroristic threats against school officials or school property, or both. This bill, until January 1, 2028, would authorize suspension or recommendation for expulsion if the above-described acts occur during or outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, or creating an intimidating or hostile educational environment. (3) Existing law encourages, for a pupil who has been suspended, or for whom other means of correction have been implemented, for an incident of racist bullying, harassment, or intimidation, local educational agencies to have both the victim and perpetrator engage in a restorative justice practice that is found to suit the needs of both the victim and the perpetrator. This bill, until January 1, 2028, would specify that an incident of racist bullying, harassment, or intimidation may occur during or outside of school hours provided that the above-described conditions are met. (4) Existing law requires, for purposes of notification to parents, and for the reporting of expulsion or suspension offenses to the State Department of Education, each school district to specifically identify, by offense committed, in all appropriate official records of a pupil each suspension or expulsion of that pupil for the commission of specified offenses, including the above-described acts. This bill, until January 1, 2028, for the reporting of expulsion or suspension offenses to the department, would require the school district to indicate whether the expulsion or suspension was imposed for any of the above-described acts engaged in outside of the campus, as provided. To the extent the bill would impose new duties on school districts, the bill would impose a state-mandated local program. (5) 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.