Existing law establishes who and when pupils may be expelled or suspended for willful defiance. Currently, and until July 1, 2025, a pupil in grade 6 to 8 may not be suspended for disrupting school activities or willful defiance. SB 274 extends this prohibition for an additional four years (until July 1, 2029).
SB 274 amends existing law to prohibit the suspension of pupils enrolled in any of grades 9 to 12, beginning July 1, 2024 and through July 1, 2029, for disrupting school activities or willful defiance. However, the bill provides that a teacher retains the authority to suspend any pupil in any grade from class for any of the listed acts, including willful defiance for the day of the suspension and the day following.
The bill provides that classified and certificated, including certificated and noncertificated employees at charter schools may refer pupils to school administrators for appropriate and timely in-school interventions and supports for willful defiance, and requires that school administrators within five business days document the action taken and place the documentation in the pupil’s record. At the end of the fifth business day, the administrator is required to notify the referring employee, verbally or in writing, what actions were taken, and if none, the rationale used for not providing any interventions or supports.
SB 274 amends existing law to prohibit a suspension or expulsion from being imposed on a pupil based solely on the fact that the pupil is truant, tardy, or absent from school activities.
This bill applies to school districts and charter schools.
(SB 274 amends Sections 48900 and 48901.1 of the Education Code.)