BILL NUMBER: SB 1411	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Runner

                        FEBRUARY 19, 2016

   An act to add  Sections   Section 
32261.5  and 48901.3  to the Education Code,
relating to pupil  discipline.   safety. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1411, as amended, Runner. Pupil  discipline:
suspensions and expulsions: bullying: investigations: notifications.
  safety: notification: pupil victimization reporting.

   Existing law, the Interagency School Safety Demonstration Act of
1985, requires school districts and county offices of education to be
responsible for the overall development of comprehensive school
safety plans for its schools operating kindergarten or any of grades
1 to 12, inclusive. The act establishes the School/Law Enforcement
Partnership, comprised of the Superintendent of Public Instruction
and the Attorney General, whose duties include, among others, the
development of programs and policies necessary to implement the
provisions of the Education Code relating to school safety plans.
 Existing law prohibits the suspension, or recommendation for
expulsion, of a pupil from school unless the superintendent of the
school district or the principal of the school determines that the
pupil has committed any of various specified acts, including, but not
limited to, engaging in an act of bullying or willfully using force
or violence upon the person of another unless in self-defense. For a
pupil subject to such discipline, existing law authorizes a
superintendent of the school district or principal to use his or her
discretion to provide alternatives to suspension or expulsion that
are age appropriate and designed to address and correct the pupil's
specific misbehavior. 
   This bill would  authorize the Superintendent to
investigate complaints of bullying or other cases of pupil
victimization at his or her discretion, and would authorize the
Superintendent to share that information with state or local law
enforcement agencies. The bill also would, by no later than January
1, 2018,  require the principal of each public 
school  school, by no later than January 1, 2018, 
to ensure that a conspicuous notice, as specified and relating to
pupil victimization reporting, that is accessible to all pupils is
posted in a common area of the school. By imposing additional duties
on school officials, the bill would impose a state-mandated local
program.  The bill also would specifically prohibit a pupil
from being suspended, recommended for expulsion, or otherwise
punished if the pupil only responded with reasonable force to an
unjustified physical attack upon himself or herself, or upon another
pupil. 
    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.
   This bill 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32261.5 is added to the Education Code, to
read: 
   32261.5.  (a) The Superintendent may investigate complaints of
bullying or other cases of pupil victimization at his or her
discretion, and may share that information with state or local law
enforcement agencies.


   (b) 
    32261.5.   The principal of each public school shall, by
no later than January 1, 2018, ensure that a conspicuous notice that
is accessible to all pupils is posted in a common area of the
school, as follows: 
   (1)
    (a)  The first line of the notice shall include only the
words "Respect for All." 
   (2) 
    (b)  Under the first line of the notice there shall be
 five   four  bulleted notifications, as
follows: 
   (A) 
    (1)  "All students are entitled to a fear-free learning
environment." 
   (B) 
    (2)  "Any student who has been the victim of
discrimination, harassment, intimidation, bullying, or cyberbullying
by another student should report the incident to a teacher or other
school employee." 
   (C) 
    (3)  "A student, parent, teacher, or other concerned
party may report incidents of bullying or other cases of student
victimization to the  Superintendent of Public Instruction."
  district superintendent of schools or the county
superintendent of schools."  
   (D) "The Superintendent of Public Instruction has the authority to
investigate complaints of bullying or other cases of student
victimization at his or her discretion, and may share that
information with state or local law enforcement agencies. 

   (E) 
    (4)  "A student found to have threatened, intimidated,
or bullied another student may be subject to suspension or
recommended for expulsion pursuant to Section 48900 of the Education
Code, or to criminal prosecution." 
  SEC. 2.    Section 48901.3 is added to the
Education Code, to read:
   48901.3.  Notwithstanding any other provision of this article, a
pupil who only responds with reasonable force to an unjustified
physical attack upon himself or herself, or upon another pupil, shall
not be suspended or recommended for expulsion pursuant to Section
48900 or otherwise punished pursuant to this article. 
   SEC. 3.   SEC. 2.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.