BILL NUMBER: AB 256	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garcia

                        FEBRUARY 7, 2013

   An act to amend Section 48900.4 of the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 256, as introduced, Garcia. Pupils: grounds for suspension and
expulsion.
   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 acts of bullying by means of an electronic
act, as defined. Existing law prohibits a pupil from being suspended
or expelled for any of those acts unless the act is related to a
school activity or school attendance occurring within a school under
the jurisdiction of the superintendent of the school district or
principal or occurring within any other school district.
   Existing law also authorizes a pupil enrolled in any of grades 4
to 12, inclusive, to be suspended from school or recommended for
expulsion if the superintendent or the principal of the school in
which the pupil is enrolled determines that the pupil has
intentionally engaged in harassment, threats, or intimidation,
directed against school district personnel or pupils, that is
sufficiently severe or pervasive to have the actual and reasonably
expected effect of materially disrupting classwork, creating
substantial disorder, and invading the rights of either school
personnel or pupils by creating an intimidating or hostile
educational environment, whether or not the act relates to a school
activity or school attendance.
   This bill would additionally authorize a pupil enrolled in any of
grades 4 to 12, inclusive, to be suspended or expelled if the
superintendent or principal of the pupil's school determines that the
pupil has intentionally engaged in bullying by means of an
electronic act, as defined, directed against school district
personnel or pupils, that is equally as severe or pervasive, whether
or not the act relates to a school activity or school attendance.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 48900.4 of the Education Code is amended to
read:
   48900.4.  In addition to the grounds specified in Sections 48900
and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive,
may be suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has intentionally engaged in
harassment, threats,  or  intimidation,  or
bullying by means of an electronic act, as defined in subdivision (r)
of Section 48900,  directed against school district personnel
or pupils, that is sufficiently severe or pervasive to have the
actual and reasonably expected effect of materially disrupting
classwork, creating substantial disorder, and invading the rights of
either school personnel or pupils by creating an intimidating or
hostile educational environment.