Willful Defiance Suspension Bill Passes State Assembly

On Wednesday, the California State Assembly passed a “willful defiance” bill by Senator Nancy Skinner in a 61-13 vote.

According to Skinner, SB 274 is designed to keep students in school by eliminating the suspension of students for low-level behavior issues in schools grades TK through 12.

“SB 274 puts the needs of students first. Instead of kicking them out of school, we owe it to students to figure out what’s causing them to act out and help them fix it,” said Skinner in February when she announced the bill.

According to the bill

SB 274, as amended, Skinner. Suspensions and expulsions: willful defiance: interventions and supports.

(1) 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 an act from a list of specified acts, including, among other acts, disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. Existing law authorizes a teacher to suspend any pupil from class for any of the listed acts, including willful defiance, for the day of the suspension and the day following.

Existing law prohibits the suspension of a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, and recommending the expulsion of a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, for disrupting school activities or otherwise willfully defying the valid authority of those school personnel engaged in the performance of their duties. Existing law, until July 1, 2025, prohibits the suspension of a pupil enrolled in any of grades 6 to 8, inclusive, for those acts. Existing law applies these same provisions to charter schools.

This bill would extend the prohibition against the suspension of pupils, pupils enrolled in any of grades 6 to 8, inclusive, including those pupils enrolled in a charter school, for disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties to all grades, indefinitely, by 4 years to instead be until July 1, 2029, and, commencing July 1, 2024, would prohibit the suspension of pupils enrolled in any of grades 9 to 12, inclusive, including those pupils enrolled in a charter school, for those acts until July 1, 2029, but would retain a teacher’s existing authorization 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, as provided.

(2) Existing law authorizes suspension to be imposed only when other means of correction, including, among other things, a conference between school personnel, the pupil’s parent or guardian, and the pupil, or participation in a restorative justice program, fail to bring about proper conduct, except as provided.

This bill would authorize certificated and classified employees, including certificated and noncertificated employees at charter schools, to refer pupils to school administrators for appropriate and timely in-school interventions or supports, from the specified list of other means of correction, for willful defiance, and would require school administrators, including charter school administrators, within 5 business days, to document the actions taken and to place that documentation in the pupil’s record, as specified. The bill would also require the school administrator, by the end of the 5th business day, to inform the referring employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports. By imposing additional duties on public school administrators, the bill would impose a state-mandated local program.

(3) Existing law states the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.

This bill would instead prohibit a suspension or expulsion from being imposed against a pupil based solely on the fact that they are otherwise absent from school activities.

(4) 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.

Skinner said in a tweet, “Excellent! The CA Assembly just approved my #caleg #SB274, which will end willful defiance suspensions in K-12 public schools. These suspensions unfairly target children of color, kids with disabilities & LGBTQ+ youth. SB 274 now goes back to the Senate for a final vote.”

Feb 1: Sen. Skinner Announces Bill to Eliminate Willful Defiance Suspensions

State Sen. Nancy Skinner, D-Berkeley, today introduced SB 274, which is designed to keep students in school by eliminating the suspension of students for low-level behavior issues known as “willful defiance” in California’s public schools grades TK through 12.

Willful defiance suspensions have disproportionately impacted students of color, LGBTQ students, students who are homeless or in foster care, and those with disabilities. SB 274 would apply to both traditional public schools and charter schools. SB 274 would also bar schools from suspending or expelling students for being tardy or truant.

“SB 274 is based on a simple premise: Students belong in school. Suspending youth for low-level behavior issues leads to significant harm, including learning loss and a higher likelihood that affected students will drop out of school completely,” Sen. Skinner said. “SB 274 puts the needs of students first. Instead of kicking them out of school, we owe it to students to figure out what’s causing them to act out and help them fix it.”

SB 274 builds on Sen. Skinner’s 2019 legislation, SB 419, which was signed into law by Gov. Gavin Newsom. It permanently banned willful defiance suspensions in grades TK-5 and prohibited them in grades 6-8 until 2025. SB 274 would eliminate willful defiance suspensions completely in all grades in California public schools.

Willful defiance suspensions cover a highly subjective category of student behavior including a student not removing a hat or hoodie in class. These types of suspensions have historically targeted Black male students the most. According to the 2018 report “Get Out! Black Male Suspensions in California Public Schools,” suspensions for willful defiance represented 21% of all suspensions of Black male students in California middle schools. And in high school, it was 26%. In all, African-American male students in California schools are three times more likely to be suspended for willful defiance than the statewide average.

In recognition of the unnecessary harm caused by willful defiance suspensions, several California school districts have eliminated them entirely, including Oakland and San Francisco unified school districts, during the past decade. And a 2019 report found that after Los Angeles Unified eliminated willful defiance suspensions in grades K-8, suspensions overall plummeted by 75%.

SB 274 is also designed to help reduce dropout rates in California. According to the 2014 Johns Hopkins University study, “Sent Home and Put Off-Track,” “being suspended even once in 9th grade is associated with a two-fold increase in the risk for dropping out.”

SB 274 would also end the practice in California of suspending or expelling students because of tardiness or truancy.

“The punishment for missing school should not be to miss more school,” Sen. Skinner added. “Students, especially those with behavioral issues, need to be in school where teachers and counselors can help them succeed.”

Sen. Nancy Skinner represents the 9th Senate District and is chair of the Senate Budget Committee and the California Legislative Women’s Caucus.