(December 12, 2019, 9:25 p.m.) -- As of June 1, 2020, your child's school will lose its ability to suspend a student in grades 4-8 for disrupting school activities or otherwise willfully defying the valid authority of those school personnel engaged in the performance of their duties.
That's the net effect of SB 419, a Sacramento bill authored by state Senator Nancy Skinner (D, Berkeley). The bill's major provisions are summarized in a state Senate legislative analysis at this link. Starting July 1, 2020, SB 419 extends the existing permanent prohibition against suspending a pupil enrolled in kindergarten or any of grades 1 to 3 for disrupting school activities or otherwise willfully defied the valid authority of school staff to include grades 4 and 5 permanently; and to include grades 6 to 8, inclusive, until July 1, 2025; and applies these prohibitions to charter schools," it says. Among those supporting the bill was the CA State PTA, the Ass'n of CA School Administrators. tje ACLU of California and the Los Angeles County Office of Educaton. SB 419 advanced to passage earlier this year without opposition by LBUSD's policy setting elected school boardmembers. Two of them are exiting in 2020 and voters will decide their replacements in March 2020 elections. SB 419 passed with the "yes" votes of Assemblyman Patrick O'Donnell (D, LB/Avalon/San Pedro, who chairs the Assembly Education Committee), Assembly Speaker Anthony Rendon (D, NLB-Paramount), Assemblyman Mike Gipson (D, NLB-Caron), state Senator Lena Gonzalez (D, LB-SE LA county) and state Senator Tom Umberg (D, SE LB-west OC). Asssemblymembers O'Donnell, Rendon, Gipson and state Senator Gonzalez will also be seeking re-election in March 2020. (For the complete state Senate and Assembly recorded votes on SB 419, click here.) [Scroll down for further.] |
In 2018, Governor Brown (D) vetoed a similar bill (SB 607) by the same author, stating in pertinent part in his veto message: Teachers and principals are on the front lines educating our children and are in the best position to make decisions about order and discipline in the classroom. That's why I vetoed a similar bill in 2012. In addition, I just approved $15 million in the 2018 Budget Act to help local schools improve their disciplinary practices. Let's give educators a chance to invest that money wisely before issuing any further directives from the state. A year later in September 2019, Governor Gavin Newsom (D) signed SB 419 into law.
LBUSD's elected school board members (who set policy for CA's third largest school district) took no position pro or con on SB 419, effectively letting it advance to passage without opposition. Two current LB school board members are retiring and voters in two parts of LB will choose their replacements in March 2020 elections (with runoffs in November if necessary.) Seeking to replace Jon Meyer (SE LB) are Nancy Valencia, Davina Keiser and Doug Otto. Exiting incumbent Schoolboard member Meyer has endorsed Otto as has Assemblyman O'Donnell (who voted for SB 419) and the LB teachers union (TALB). . Seeking to replace Dr. Felton Williams (Central LB) are Erik Miller, John Matthews II and Tonia Reyes Uranga. Exiting incumbent Williams has endorsed Mattjews (a proponent of policies supporters describe as "justice reforms.") Mr. Miller is endorsed by the LB teachers union. Ms. Reyes Uranga (retired 7th dist. Councilwoman (2002-2010) whose spouse Roberto is LB's incumbent 7th dist. Councilman) is endorsed by (among others) former Mayor Beverly O'Neill, state Senator Gonzalez and Assembly Speaker Anthony Rendon (the latter two having voted for SB 419.)..
Current (soon to be former) state law prohibits suspending a pupil or recommending him/her expulsion unless the district Superintendent or school principal determines that the pupil committed a specified act disrupting school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators or other school personnel. Effective July 1, 2020, SB 419 eliminates that level of local control check and balance on disruptive activities in grades 4-8. SB 419 does allow some authority for teachers to continue to suspend from class for up to two days a pupil in any grade who disrupts school activities or otherwise willfully defies the valid authority of supervisors, teachers, administrators, school officials, or other school personnel. LBUSD also has a discipline policy which calls for preventive measures and conflict resolution techniques whenever possible; it's not immediately clear if it will be tweaked or amended in view of SB 419. It can be viewed on LBUSD's website at this link.
A state Senate legislative analysis of the bill summarized the rationale for the bill: Need for the bill. According to the author, "Students in grades 4 through 12 may be suspended from school for minor misbehaviors, such as refusing to take off a hat, talking back, or falling asleep in class. These needless suspensions are referred to as willful defiance an often occur without consideration of the root of the students’ actions." Further, according to the author, "An overwhelming body of research confirms that suspending students at any age fails to improve student behavior and greatly increases the likelihood that the student will fail, be pushed out of school, and/or have contact with the juvenile justice system. SB 419 helps keep students in school, increases student success rates, and increase high school graduation rates." SB 419's supporters included (source: State Senate Legislative Analysis, Aug. 20, 2019, final passage): :
State Senate staff's analysis listed SB 419's sole opponent as the Charter School Development Center.
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