AB 1729 - An Act to Amend Sections 48900 and 48900.5 of the Education Code, Relating to Pupil Rights.

An Act to Amend Sections 48900 and 48900.5 of the Education Code, Relating to Pupil Rights.

AB 1729 — 2011-2012 Legislature

Summary

Existing law provides that a pupil shall not be 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 a specified act. Existing law also authorizes a superintendent of the school district or principal to use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this provision.

This bill would instead authorize a superintendent of the school district or principal of the school to use alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior, as specified.

Existing law requires the imposition of suspension only when other means of correction fail to bring about proper conduct but authorizes the suspension of a pupil, including an individual with exceptional needs, upon a first offense if the principal or superintendent of schools determines that specified offenses were committed or that the pupil’s… More

Existing law provides that a pupil shall not be 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 a specified act. Existing law also authorizes a superintendent of the school district or principal to use his or her discretion to provide alternatives to suspension or expulsion, including, but not limited to, counseling and an anger management program, for a pupil subject to discipline under this provision.

This bill would instead authorize a superintendent of the school district or principal of the school to use alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupil’s specific misbehavior, as specified.

Existing law requires the imposition of suspension only when other means of correction fail to bring about proper conduct but authorizes the suspension of a pupil, including an individual with exceptional needs, upon a first offense if the principal or superintendent of schools determines that specified offenses were committed or that the pupil’s presence causes a danger to persons or property or threatens to disrupt the instructional process.

This bill would authorize a school district to document the other means of correction used and place that documentation in the pupil’s record. The bill would also specify that other means of correction include, but are not limited to, among other things, a positive behavior support approach with tiered interventions that occur during the schoolday on campus, a conference between school personnel, the pupil’s parent or guardian, and the pupil, participation in a restorative justice program, and after-school programs that address specific behavioral issues or expose pupils to positive activities and behaviors.

This bill would incorporate additional changes to Section 48900 of the Education Code proposed by AB 2242 that would become operative if this bill and AB 2242 are enacted, and this bill is enacted last. This bill would also incorporate changes to that section proposed by AB 1732, relating to bullying of pupils, which has been chaptered. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Sections 48900 and 48900.5 of the Education Code, Relating to Pupil Rights.

Author(s)

Tom Ammiano

Co-Authors

Subjects

• Pupil rights: suspension or expulsion: alternatives and other means of correction

Major Actions

Introduced	2/16/2012
Referred to Committee
Passed Assembly Committee on Education	4/11/2012
Passed Assembly Committee on Appropriations	5/25/2012
Passed Assembly	5/30/2012
Failed passage in Senate Committee on Education	6/27/2012
Passed Senate Committee on Education	6/27/2012
Passed Senate Committee on Education	7/03/2012
Passed Senate	8/23/2012
Passed Assembly	8/28/2012
Presented to the governor (enrolled)	9/10/2012
Became law (chaptered).	9/21/2012

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Education	Do pass as amended and be re-referred to the Committee on Appropriations.	4/11/2012	This motion PASSED the Assembly Committee on Education 6 voted YES 4 voted NO 1 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass as amended.	5/25/2012	This motion PASSED the Assembly Committee on Appropriations 12 voted YES 5 voted NO 0 voted present/not voting
select this vote	Assembly	AB 1729 AMMIANO Assembly Third Reading	5/30/2012	This bill PASSED the Assembly 53 voted YES 25 voted NO 2 voted present/not voting
select this vote	Senate Committee on Education	Do pass.	6/27/2012	This motion DID NOT PASS the Senate Committee on Education 5 voted YES 3 voted NO 3 voted present/not voting
select this vote	Senate Committee on Education	Set, first hearing. Failed passage in Committee. Reconsideration granted.	6/27/2012	This motion PASSED the Senate Committee on Education 8 voted YES 0 voted NO 3 voted present/not voting
select this vote	Senate Committee on Education	Do pass.	7/03/2012	This motion PASSED the Senate Committee on Education 6 voted YES 3 voted NO 2 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB1729 Ammiano By Price	8/23/2012	This bill PASSED the Senate 21 voted YES 14 voted NO 5 voted present/not voting
currently selected	Assembly	AB 1729 AMMIANO Concurrence in Senate Amendments	8/28/2012	This bill PASSED the Assembly 53 voted YES 27 voted NO 0 voted present/not voting

	Action	Date	Description
	Introduced	2/16/2012
		2/16/2012	Read first time. To print.
		2/17/2012	From printer. May be heard in committee March 18.
		3/01/2012	Referred to Com. on ED.
select this vote	Vote	4/11/2012	Do pass as amended and be re-referred to the Committee on Appropriations.
		4/23/2012	From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 4.) (April 11).
		4/24/2012	Read second time and amended.
		4/25/2012	Re-referred to Com. on APPR.
		5/07/2012	From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
		5/08/2012	Re-referred to Com. on APPR.
		5/16/2012	In committee: Set, first hearing. Referred to APPR. suspense file.
select this vote	Vote	5/25/2012	Do pass as amended.
		5/25/2012	From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 25). Read second time and amended. Ordered to second reading.
		5/29/2012	Read second time. Ordered to third reading.
		5/30/2012	Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 25. Page 5113.)
select this vote	Assembly Vote on Passage	5/30/2012	AB 1729 AMMIANO Assembly Third Reading
		5/31/2012	In Senate. Read first time. To Com. on RLS. for assignment.
		6/14/2012	Referred to Com. on ED.
		6/27/2012	In committee: Set first hearing. Failed passage. Reconsideration granted.
select this vote	Vote	6/27/2012	Do pass.
select this vote	Vote	6/27/2012	Set, first hearing. Failed passage in Committee. Reconsideration granted.
		7/03/2012	From committee: Do pass. (Ayes 6. Noes 3.) (July 3).
select this vote	Vote	7/03/2012	Do pass.
		7/05/2012	Read second time. Ordered to third reading.
		8/20/2012	Read third time and amended. Ordered to second reading.
		8/21/2012	Read second time. Ordered to third reading.
		8/23/2012	Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 14. Page 4750.).
select this vote	Senate Vote on Passage	8/23/2012	Assembly 3rd Reading AB1729 Ammiano By Price
		8/24/2012	In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
		8/27/2012	Assembly Rule 77 suspended. (Page 6357.)
		8/28/2012	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 27. Page 6408.).
currently selected	Assembly Vote on Passage	8/28/2012	AB 1729 AMMIANO Concurrence in Senate Amendments
		9/10/2012	Enrolled and presented to the Governor at 5:10 p.m.
		9/21/2012	Approved by the Governor.
		9/21/2012	Chaptered by Secretary of State - Chapter 425, Statutes of 2012.