Suspensions and expulsions: tobacco.

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 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, vaping products, and betel. This bill would, commencing July 1, 2025, remove having 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, vaping products, and betel from the list of acts for which a pupil, regardless of their grade of enrollment, may be suspended or recommended for expulsion for. The bill would, commencing July 1, 2025, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being suspended or recommended for expulsion solely on the basis of those acts. Existing law requires the principal or superintendent of schools to recommend the expulsion of a pupil for certain acts committed at school or at a school activity off school grounds, including, among others, the unlawful possession of certain controlled substances, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct. This bill, commencing July 1, 2025, would instead no longer require the principal or superintendent of schools to recommend the expulsion of a pupil for the unlawful possession of certain controlled substances under any circumstance. This bill would require the State Department of Education, on or before July 1, 2025, to develop and make available a model policy for a public health approach to addressing pupil possession and use of illicit drugs on school property, as specified. The bill would require the department to collaborate with stakeholders, including treatment providers, local educational agencies, and community-based organizations in the development of the model policy. The bill would require local educational agencies, as defined, to adopt, on or before July 1, 2025, a plan to address pupils who possess or use drugs on school property. The bill would require the plan to be youth-informed, reduce criminalization, and to include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance abuse. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill would also make Legislative findings and declarations relating to these provisions, make conforming changes, and delete obsolete 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.