CA AB 2711

Title: Suspensions and expulsions: tobacco: alcohol: drug paraphernalia.
Author: James C. Ramos

Summary
AB 2711, as amended, Ramos. Suspensions and expulsions: tobacco: alcohol: drug paraphernalia. Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, (2) possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel, or (3) unlawfully possessed drug paraphernalia. Existing law requires suspension to only be imposed when other means of correction, as provided, fail to bring about proper conduct and authorizes a school district to document the other means of correction used and place that documentation in the pupil’s record.This bill would, commencing July 1, 2026, require specified conditions to be met before suspending a pupil, regardless of their grade of enrollment, from school on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind or (2) having possessed or used tobacco products, as defined, and would remove unlawfully possessing drug paraphernalia from the list of acts for which a pupil may be suspended. The bill would, commencing July 1, 2026, require specified conditions to be met before suspending a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, solely on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) having possessed or used tobacco products.This bill would, commencing July 1, 2026, remove those 3 acts described above from the list of acts for which a pupil, regardless of their grade of enrollment, may be recommended for expulsion for, subject to specified exceptions. The bill would, commencing July 1, 2026, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being recommended for expulsion solely on the basis of (1) unlawfully possessing, using, or being under the influence of a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) having possessed or used tobacco products, subject to specified exceptions.The bill would instead require a school district to document the other means of correction used before suspending a pupil, and would expressly include as another means of correction the enrollment in a substance use or mental health prevention, treatment, or services program or a tobacco cessation program. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would encourage school districts, county offices of education, and charter schools to implement, among other things, campuswide programs and activities that provide mentoring and school counseling to all pupils, including pupils who are at risk of drug use and abuse.This bill would also make legislative findings and declarations relating to these provisions.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 the statutory provisions noted above.

Status
Re-referred to Com. on APPR.

Bill Documents
CA AB 2711 - 04/29/24 - Amended Assembly
04/29/24 - CA AB 2711 (04/29/24 - Amended Assembly)