When originally introduced in 2013, Assembly member Nora Campos’ bill related to pupil discipline and bullying. In the first amendments taken on this bill nearly one year later, the Assembly Committee on Education gutted and amended the content of the bill to address a different type of pupil discipline, relating to suspension and expulsion for hate violence.
There are two main elements to AB 148:
(1) Existing law prohibits a pupil from being suspended from school or recommended for expulsion unless the superintendent of the school district or principal of the school determines that the pupil has committed any of various specified acts. Existing law further provides that a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommend for expulsion if the superintendent of the school district or principal of the school determines that the pupil caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined.
AB 1216 would additionally provide that a pupil in any of grades 4 to 12, inclusive, may also be suspended from school or recommended for expulsion if the superintendent of the school district or principal of the school determines that the pupil, by force or threat of force, willfully injured, intimidated, interfered with, oppressed, or threatened any other pupil because of the other pupil’s actual or perceived familial status, socioeconomic status, or weight. To the extent the bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
(2) 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.
AB 1216 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 these statutory provisions.
The Assembly Committee proposed to amend Education Code § 48900.3 to designate part of the original language as new subdivision (a), with changes thereto, and to add a new subdivision (b) as a reason for pupil expulsion:
(b) The pupil, by force or threat of force, willfully injured, intimidated, interfered with, oppressed, or threatened any other pupil because of one or more of the following actual or perceived characteristics of the victim:
(1) Familial status, as defined in Section 12955.2 of the Government Code.
(2) Socioeconomic status.
(3) Weight.
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