Amended IN Assembly March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1265Introduced by Assembly Member Blanca RubioFebruary 19, 2021 An act to amend add and repeal Section 48916.5 48901.3 of the Education Code, relating to pupil discipline. LEGISLATIVE COUNSEL'S DIGESTAB 1265, as amended, Blanca Rubio. Pupil discipline: expulsion: controlled substances and alcohol. suspension.Existing law prohibits a pupil from being suspended from school or recommended for expulsion unless the school districts superintendent or the school principal in which the pupil is enrolled determines that the pupil has committed a specified act, including an act of sexual harassment, hate violence, or harassment, threats, or intimidation, as provided. Existing law prohibits a pupil enrolled in kindergarten or grades 1 to 5, inclusive, or, until July 1, 2025, a pupil enrolled in grades 6 to 8, inclusive, from being suspended for disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.This bill, until January 1, 2027, would prohibit the suspension of a pupil in kindergarten or any of grades 1 to 3, inclusive, except as specified. The bill, until January 1, 2027, would also prohibit the suspension of a pupil in any of grades 4 to 12, inclusive, if an assessment shows that the pupil performs below their grade level in English language arts or English literacy, except as specified.Existing law authorizes the governing board of a school district to require a pupil who is expelled from school for reasons relating to controlled substances or alcohol to enroll in a county-supported drug rehabilitation program before returning to school. Existing law prohibits the governing board of a school district from requiring a pupil to enroll in a rehabilitation program without the consent of the pupils parent or guardian.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 48901.3 is added to the Education Code, to read:48901.3. (a) Notwithstanding Sections 48900, 48900.2, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended.(b) Notwithstanding Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in any of grades 4 to 12, inclusive, shall not be suspended if any diagnostic assessment, high-quality assessment, summative assessment, or other assessment administered pursuant to Chapter 5 (commencing with Section 60600) or Chapter 7 (commencing with Section 60810) of Part 33 demonstrates that a pupil is performing below their grade level in English language arts or English literacy.(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SECTION 1.Section 48916.5 of the Education Code is amended to read:48916.5.The governing board of a school district may require a pupil who is expelled from school for reasons relating to controlled substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol, before returning to school to enroll in a county-supported drug rehabilitation program. A pupil shall not be required to enroll in a rehabilitation program pursuant to this section without the consent of the pupils parent or guardian. Amended IN Assembly March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1265Introduced by Assembly Member Blanca RubioFebruary 19, 2021 An act to amend add and repeal Section 48916.5 48901.3 of the Education Code, relating to pupil discipline. LEGISLATIVE COUNSEL'S DIGESTAB 1265, as amended, Blanca Rubio. Pupil discipline: expulsion: controlled substances and alcohol. suspension.Existing law prohibits a pupil from being suspended from school or recommended for expulsion unless the school districts superintendent or the school principal in which the pupil is enrolled determines that the pupil has committed a specified act, including an act of sexual harassment, hate violence, or harassment, threats, or intimidation, as provided. Existing law prohibits a pupil enrolled in kindergarten or grades 1 to 5, inclusive, or, until July 1, 2025, a pupil enrolled in grades 6 to 8, inclusive, from being suspended for disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.This bill, until January 1, 2027, would prohibit the suspension of a pupil in kindergarten or any of grades 1 to 3, inclusive, except as specified. The bill, until January 1, 2027, would also prohibit the suspension of a pupil in any of grades 4 to 12, inclusive, if an assessment shows that the pupil performs below their grade level in English language arts or English literacy, except as specified.Existing law authorizes the governing board of a school district to require a pupil who is expelled from school for reasons relating to controlled substances or alcohol to enroll in a county-supported drug rehabilitation program before returning to school. Existing law prohibits the governing board of a school district from requiring a pupil to enroll in a rehabilitation program without the consent of the pupils parent or guardian.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Amended IN Assembly March 25, 2021 Amended IN Assembly March 25, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1265 Introduced by Assembly Member Blanca RubioFebruary 19, 2021 Introduced by Assembly Member Blanca Rubio February 19, 2021 An act to amend add and repeal Section 48916.5 48901.3 of the Education Code, relating to pupil discipline. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1265, as amended, Blanca Rubio. Pupil discipline: expulsion: controlled substances and alcohol. suspension. Existing law prohibits a pupil from being suspended from school or recommended for expulsion unless the school districts superintendent or the school principal in which the pupil is enrolled determines that the pupil has committed a specified act, including an act of sexual harassment, hate violence, or harassment, threats, or intimidation, as provided. Existing law prohibits a pupil enrolled in kindergarten or grades 1 to 5, inclusive, or, until July 1, 2025, a pupil enrolled in grades 6 to 8, inclusive, from being suspended for disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties.This bill, until January 1, 2027, would prohibit the suspension of a pupil in kindergarten or any of grades 1 to 3, inclusive, except as specified. The bill, until January 1, 2027, would also prohibit the suspension of a pupil in any of grades 4 to 12, inclusive, if an assessment shows that the pupil performs below their grade level in English language arts or English literacy, except as specified.Existing law authorizes the governing board of a school district to require a pupil who is expelled from school for reasons relating to controlled substances or alcohol to enroll in a county-supported drug rehabilitation program before returning to school. Existing law prohibits the governing board of a school district from requiring a pupil to enroll in a rehabilitation program without the consent of the pupils parent or guardian.This bill would make nonsubstantive changes to this provision. Existing law prohibits a pupil from being suspended from school or recommended for expulsion unless the school districts superintendent or the school principal in which the pupil is enrolled determines that the pupil has committed a specified act, including an act of sexual harassment, hate violence, or harassment, threats, or intimidation, as provided. Existing law prohibits a pupil enrolled in kindergarten or grades 1 to 5, inclusive, or, until July 1, 2025, a pupil enrolled in grades 6 to 8, inclusive, from being suspended for disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This bill, until January 1, 2027, would prohibit the suspension of a pupil in kindergarten or any of grades 1 to 3, inclusive, except as specified. The bill, until January 1, 2027, would also prohibit the suspension of a pupil in any of grades 4 to 12, inclusive, if an assessment shows that the pupil performs below their grade level in English language arts or English literacy, except as specified. Existing law authorizes the governing board of a school district to require a pupil who is expelled from school for reasons relating to controlled substances or alcohol to enroll in a county-supported drug rehabilitation program before returning to school. Existing law prohibits the governing board of a school district from requiring a pupil to enroll in a rehabilitation program without the consent of the pupils parent or guardian. This bill would make nonsubstantive changes to this provision. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 48901.3 is added to the Education Code, to read:48901.3. (a) Notwithstanding Sections 48900, 48900.2, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended.(b) Notwithstanding Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in any of grades 4 to 12, inclusive, shall not be suspended if any diagnostic assessment, high-quality assessment, summative assessment, or other assessment administered pursuant to Chapter 5 (commencing with Section 60600) or Chapter 7 (commencing with Section 60810) of Part 33 demonstrates that a pupil is performing below their grade level in English language arts or English literacy.(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SECTION 1.Section 48916.5 of the Education Code is amended to read:48916.5.The governing board of a school district may require a pupil who is expelled from school for reasons relating to controlled substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol, before returning to school to enroll in a county-supported drug rehabilitation program. A pupil shall not be required to enroll in a rehabilitation program pursuant to this section without the consent of the pupils parent or guardian. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 48901.3 is added to the Education Code, to read:48901.3. (a) Notwithstanding Sections 48900, 48900.2, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended.(b) Notwithstanding Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in any of grades 4 to 12, inclusive, shall not be suspended if any diagnostic assessment, high-quality assessment, summative assessment, or other assessment administered pursuant to Chapter 5 (commencing with Section 60600) or Chapter 7 (commencing with Section 60810) of Part 33 demonstrates that a pupil is performing below their grade level in English language arts or English literacy.(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. SECTION 1. Section 48901.3 is added to the Education Code, to read: ### SECTION 1. 48901.3. (a) Notwithstanding Sections 48900, 48900.2, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended.(b) Notwithstanding Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in any of grades 4 to 12, inclusive, shall not be suspended if any diagnostic assessment, high-quality assessment, summative assessment, or other assessment administered pursuant to Chapter 5 (commencing with Section 60600) or Chapter 7 (commencing with Section 60810) of Part 33 demonstrates that a pupil is performing below their grade level in English language arts or English literacy.(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. 48901.3. (a) Notwithstanding Sections 48900, 48900.2, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended.(b) Notwithstanding Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in any of grades 4 to 12, inclusive, shall not be suspended if any diagnostic assessment, high-quality assessment, summative assessment, or other assessment administered pursuant to Chapter 5 (commencing with Section 60600) or Chapter 7 (commencing with Section 60810) of Part 33 demonstrates that a pupil is performing below their grade level in English language arts or English literacy.(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. 48901.3. (a) Notwithstanding Sections 48900, 48900.2, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended.(b) Notwithstanding Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in any of grades 4 to 12, inclusive, shall not be suspended if any diagnostic assessment, high-quality assessment, summative assessment, or other assessment administered pursuant to Chapter 5 (commencing with Section 60600) or Chapter 7 (commencing with Section 60810) of Part 33 demonstrates that a pupil is performing below their grade level in English language arts or English literacy.(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. 48901.3. (a) Notwithstanding Sections 48900, 48900.2, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, shall not be suspended. (b) Notwithstanding Sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7, and except as provided in Section 48910 and subdivision (c) of Section 48915, a pupil enrolled in any of grades 4 to 12, inclusive, shall not be suspended if any diagnostic assessment, high-quality assessment, summative assessment, or other assessment administered pursuant to Chapter 5 (commencing with Section 60600) or Chapter 7 (commencing with Section 60810) of Part 33 demonstrates that a pupil is performing below their grade level in English language arts or English literacy. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. The governing board of a school district may require a pupil who is expelled from school for reasons relating to controlled substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol, before returning to school to enroll in a county-supported drug rehabilitation program. A pupil shall not be required to enroll in a rehabilitation program pursuant to this section without the consent of the pupils parent or guardian.