Bill Text: CA AB3076 | 2019-2020 | Regular Session | Introduced


Bill Title: School employees: exercise of control over pupils.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-24 - Referred to Com. on ED. [AB3076 Detail]

Download: California-2019-AB3076-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3076


Introduced by Assembly Member Blanca Rubio

February 21, 2020


An act to amend Section 44807 of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 3076, as introduced, Blanca Rubio. School employees: exercise of control over pupils.
Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies throughout the state provide instruction in kindergarten and grades 1 to 12, inclusive, at the schoolsites operated by these agencies. Existing law requires teachers in the public schools to hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. Existing law provides that teachers, vice principals, principals, and other certificated employees of a school district are not subject to criminal prosecution or criminal penalties for the exercise, during the performance of their duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise, as specified.
This bill, notwithstanding that provision, would prohibit school employees from compelling pupils to sign documents that are intended to bind or otherwise affect the behavior, disciplinary status, or treatment of that pupil. The bill would also prohibit school employees from imposing any discipline or restriction on a pupil because of that pupil’s refusal to sign such a document.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 44807 of the Education Code is amended to read:

44807.
 (a) Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. A No teacher, vice principal, principal, or any other certificated employee of a school district, shall not district shall be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his their duties, of the same degree of physical control over a pupil that a parent the pupil’s parent or legal guardian would be legally privileged to exercise exercise, but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. The provisions of this section are in addition to and do not supersede the provisions of Section 49000.
(b) Notwithstanding subdivision (a), no school employee shall compel a pupil to sign a document that is intended to bind or otherwise affect the behavior, disciplinary status, or treatment of that pupil, and no school employee shall impose any discipline or restriction on a pupil because of that pupil’s refusal to sign such a document.

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