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Backpacks stewn in a hallway at Ellen Fletcher Middle School in Palo Alto on Nov. 17, 2021. Photo by Magali Gauthier.
Backpacks stewn in a hallway at Ellen Fletcher Middle School in Palo Alto on Nov. 17, 2021. Photo by Magali Gauthier.

By July of next year, it will be illegal for public schools in California to suspend students for low-level behavior issues after Gov. Gavin Newsom signed legislation banning “willful defiance” suspensions among TK through 12th grade students throughout the state.

Newsom on Oct. 8 approved Senate Bill 274, which takes effect July 1, 2024. Under SB 274, introduced by state Sen. Nancy Skinner, D-Berkeley, willful defiance suspensions are barred in grades 6-12, with a sunset of July 1, 2029, in all California public schools.

According to Skinner’s office, SB 274 builds on Skinner’s 2019 legislation, Senate Bill 419, which was signed into law by Newsom and permanently banned willful defiance suspensions in grades TK to 5 and prohibited them in grades 6 to 8 until 2025.

“Since my start in the state Senate in 2016, I’ve worked to end willful defiance suspensions in our public schools. The reason is simple: Suspending students, no matter the age, doesn’t improve student behavior, and it greatly increases the likelihood that the student will fail or drop out,” Skinner said in a statement Monday, Oct. 9.

“With Gov. Newsom’s signing of SB 274, California is putting the needs of students first. No more kicking kids out of school for minor disruptions. Students belong in school where they can succeed,” she added.

Historically, in California and around the nation, willful defiance suspensions have typically been levied for low-level disruptions, such as a student wearing a hat backward, falling asleep in class, or “talking back to a teacher,” Skinner’s office said.

Willful defiance suspensions have been disproportionately directed at students of color, LGBTQ students, students who are homeless or in foster care, and those with disabilities, the senator’s office said.

Under SB 274, teachers would be able to remove a student from a specific class for unruly behavior, but the youth would not be suspended from school. Instead, it would be up to school administrators to determine appropriate and timely in-school interventions or support for the student.

SB 274 was supported by a coalition of more than 60 organizations and sponsored by State Superintendent of Public Instruction Tony Thurmond, American Civil Liberties Union California Action, Alliance for Boys and Men of Color, Congregations Organized for Prophetic Engagement, Dolores Huerta Foundation and Disability Rights California, among others.

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3 Comments

  1. Totally misguided.
    No punishment in school for misbehavior or ‘willful defiance’… no consequences for your actions.
    These kids grow up and have little/no punishment/consequences for theft and other crime.
    And we wonder why we have retail theft and other crimes.

  2. @Longtime: misstatement of Facts.
    California public school teachers and administrators can / and will / continue to remove such problem students from the classroom / when they disrupt! Not from-the-school for days and not for multiple periods or long parts of days.

    Principals and Superintendents need to Reinforce Teacher appropriate discipline. ONE Rare But Drastic method is to Require Parent Attendance in the classroom where their student has been disrupting. (part of Ed Code – state law). This is disruptive of a parent’s life – but their kids can be disrupting dozens of students’ Opportunity To Learn. Support teachers’ discipline – at the school and district level / competent, fair and strict in-school displine. [no public school kids – roaming around in the community]

  3. There is nothing in the article or bill to indicate that students will not be held accountable. There are many effective ways to work in the school with students who demonstrate inappropriate behavior.

    Suspending a student does nothing to help the student or school – it just pushes the problem out the door.

    Most students who are acting out or being defiant may learn to curb their behaviors and/ or may need help dealing with family or personal issues. Listening to and partnering with students can do a lot to foster change. Yes there are those who won’t or cannot change, but they are the exceptions.

    “Spare the rod and spoil the *human or animal* ” has been the cry of those who chose to demean, disrespect, and sometimes abuse or enslave others. Let’s not be “those persons”. We all have the option to be better than that!

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