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AB 420 – Willful Defiance

As previously written, Education Code section 48900, subdivision (k) allows students to be suspended or expelled for “willful defiance” of teachers or administrative staff.  At the beginning of 2015, this will no longer be allowed in many cases.

As of January 1, 2015, students in kindergarten or grades 1 through 3 may no longer be suspended or expelled for willful defiance.  Students in grades 4 through 12 may still be suspended for willful defiance, but may not be expelled.

Teachers may still suspend students from their class(es), as discussed in Education Code section 48910, for willful defiance.  Section 48910’s limited suspension permits teachers to suspend students from class for the remainder of the current day, and all of the following day.  Teachers that suspend students in this way must immediately notify the principal and send the suspended student to the principal’s office, in addition to other requirements.

If you have any questions about these changes, or about any legal issue affecting your school district, please contact Kingsley Bogard.

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