California Assembly Bill AB1165

California 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 3/9/23
• Report Pass: 3/9/23
• Refer: 3/13/23
• Report Pass: 4/17/23
• Refer: 4/18/23
• Report Pass: 4/27/23
• Engrossed: 5/4/23
• Refer: 5/4/23
• Refer: 5/17/23
• Report Pass: 6/7/23
• Enrolled: 6/15/23
• Chaptered: 6/29/23
• Passed: 6/29/23

Caption

Pupil discipline: racist bullying, harassment, or intimidation: restorative justice practice.

Impact

The passing of AB 1165 impacts state law by reinforcing the notion that suspension or expulsion of students should be implemented only as a last resort after other correctional means are exhausted. This aligns with a growing trend towards more restorative and rehabilitative approaches in educational environments. The bill calls for educational institutions to adopt practices that not only address disciplinary issues but also promote healing and understanding among affected students, potentially leading to long-term positive changes in school culture.

Summary

Assembly Bill 1165, introduced by McCarty, amends Section 48900.5 of the Education Code to enhance protocols around pupil discipline, particularly regarding incidents of racist bullying, harassment, or intimidation. The bill encourages local educational agencies to implement restorative justice practices, involving both the victim and perpetrator, to address such issues. It also emphasizes the importance of monitoring the victim’s mental health and requires perpetrators to participate in culturally sensitive programs designed to combat racism and foster understanding.

Sentiment

The sentiment around AB 1165 appears positive, particularly amongst those advocating for anti-racist initiatives within education systems. Supporters believe that integrating restorative justice practices into the disciplinary process can reduce recurrences of bullying and create a more inclusive environment. Nonetheless, there may be concerns regarding the implementation of these practices, as they require additional training and resources, which could pose challenges for some school districts.

Contention

A notable point of contention surrounding the bill lies in the balance between discipline and restorative practices. While proponents argue that focusing on restorative justice helps confront and mitigate the root causes of bullying and racism, critics may worry that it could undermine the necessary consequences for severe behavioral issues. The effective enactment of the bill hinges on the commitment and resources that educational agencies are willing to allocate towards these restorative justice initiatives.