Legal Update Memo No. 22-2019 – AB 419 – Discipline for Student Disruption & Defiance Limited (K-12)

Download pdf: 22-2019 – AB 419 – Discipline for Student Disruption & Defiance Limited w attachment (CDC)

On September 9, 2019, the Governor approved Senate Bill (“SB”) 419, which further limits school administrators on the use of Education Code § 48900(k) for student disruption and defiance.[1]

The legislature previously limited § 48900(k) through Assembly Bill 420, effective January 1, 2015, by eliminating the ability of administrators to impose a suspension for students in kindergarten through third grade and removed the ability to expel any student if the sole basis for the expulsion was a § 48900(k) offense.

SB 419, effective July 1, 2020, will further limit § 48900(k) by eliminating the ability of administrators to impose a suspension for students in kindergarten through eighth grade.  SB 419 maintains the restriction on expelling any student if the sole basis for the expulsion was a § 48900(k) offense.  The restriction on imposing a suspension for students in sixth through eighth grades for a

  • 48900(k) offense will “sunset” (expire) on July 1, 2025, unless renewed by the Legislature. Please note that students of any grade can otherwise be suspended and expelled for other violations of §§ 48900 et seq. as applicable.

For your convenience, a copy of SB 419 showing the changes to § 48900 is included with this Legal Update.

Please contact our office with questions regarding this Legal Update or any other matter.

Legal Update written by Carl D. Corbin, General Counsel.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

© 2019 School and College Legal Services of California

All rights reserved.  However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes.

[1] AB 419 also makes various non-substantive grammar corrections/updates to § 48900.