The Education Code – Relating to Pupil Discipline

An act to amend Sections 48902 and 48915 of the Education Code, relating to pupil discipline.

Summary

A previous law required the principal of a school to notify the appropriate law enforcement agencies of the county or city in which the school is situated of certain unlawful acts committed by a pupil that may result in suspension, expulsion, or criminal liability of the pupil. AB 2537 deletes the provision making a violation of that reporting requirement an infraction. It provides discretion for a principal or superintendent to not make a recommendation for expulsion for certain acts if the factual circumstances do not warrant it or other means of correction would address the conduct. It also clarifies that student possession of over the counter or prescription medication and possession of an imitation firearm are not offenses for which a referral for expulsion is automatic.

Status

Approved by Governor September 21, 2012. Filed Secretary of State September 21, 2012.

Our Position: Support

AB 2537 makes several common-sense changes to existing law. Mandates under existing law have restricted the discretion of school districts to utilize other means of discipline in appropriate circumstances, have resulted in the expulsion and removal of children in cases that do not warrant expulsion, and have also resulted in significant state costs, up to $10 million annually.