HomeMy WebLinkAboutMINUTES - 02061996 - SD10 TO BOARD OF SUPERVISORS Contra
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FROM: SUPERVISOR MARK DeSAULNIER '✓� Costa
n •s
County
DATE: January 30 199-6-
LEGISLATION:
996LEGISLATION: OPPOSE AB-7 (Conroy, et al) WHICH WOU RMIT
SUBJECT: PADDLING A MINOR ADJUDGED A WARD OF THE COURT FOR AN ACT
OF GRAFFITI
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position IN OPPOSITION TO AB-7 by Assemblyman Conroy, which would
permit paddling a minor adjudged a ward of the court for an act of graffiti.
BACKGROUND:
Existing law provides the a minor who violates the law may be made a ward of the
juvenile court. Assemblyman Mickey Conroy of Orange County has introduced AB
7 which would permit paddling a minor adjudged a ward of the court for an act of
graffiti. Specifically, as amended March 16, 1995, AB 7 would do all of the following:
0 Allow the juvenile court, in addition to any other punishment, to provide that
a minor who is adjudged a ward of the court for an act of graffiti to any public
or private property may be punished by paddling.
0 Require the court to take into account the age, condition and disposition of the
minor and all other circumstances in determining whether and to what extent
paddling shall be ordered.
0 Require that the paddling be administered in the courtroom no less than 72
hours nor more than 14 days after the minor is adjudged a ward of the court.
CONTINUED ON ATTACHMENT: YES SIGNATURE: Wwec
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON FehEi lard, 1 AAS APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISOR ON THE DATE SHOWN. //
V
ATTESTED ffl
!
Contact: PHIL BATCHELOR,CLERIGF TH BOARD OF
cc: See Page 3 SUPERVI RS AND COUNTY ADMINISTRATOR
BY C, 14111 A,I DEPUTY
sWo
0 Require the paddling to be administered by one of the minor's parents.
0 Allow the court to direct the bailiff to administer the paddling if the parent
declines or the court finds that the parent has not administered a satisfactory
paddling.
0 Require the juvenile court to disclose to any individual the names of those
minors who have been punished by paddling.
0 Provide that no person who has been provided those names is subject to civil
liability or criminal prosecution for publishing those names.
0 Provide the exact dimensions of a "paddle", namely made of hardwood %2 inch
thick, with a handle six inches long and '/2 inch wide, with a paddle area 18
inches long and six inches wide.
0 Define "paddling" as up to 10 strikes with a paddle on the buttocks, on the
outside of normal clothing.
0 Repeal the section January 1, 1999.
This bill has been opposed by child welfare advocates, the California Teachers
Association, social workers and legal experts. I believe that any move to legalize
corporal punishment is wrong and should not be tolerated by our society. The court
has any number of more appropriate punishments available to it to address the
problem of juveniles who are convicted of an act of graffiti, including the obvious one
of having the minor clean up or paint over the graffiti.
The Child Abuse Prevention Council of Contra Costa County, Inc. opposes AB-7.
I am also advised that the Board's Child Care Task Force at its regular meeting on
January 24, 1996, voted unanimously to ask the Board of Supervisors to oppose AB
7 and advise this County's legislative delegation of our opposition.
I am pleased, therefore, to join with the Child Abuse Prevention Council and the
Child Care Task Force in urging the Board of Supervisors to oppose AB 7 and to
advise our legislative delegation of our opposition.
-2-
. n
cc: County Administrator
Lois Haight, Juvenile Court Judge, Department 10
Terry Starr, County Probation Officer
Child Care Task Force (Via CAO)
The Honorable Mickey Conroy
Assemblyman, 71st District
Room 2117, State Capitol
Sacramento, CA 95814
The Honorable Daniel E. Boatwright
Senator, 7th District
Room 3086, State Capitol
Sacramento, CA 95814
The Honorable Nicholas C. Petris
Senator, 9th District
Room 5080, State Capitol
Sacramento, CA 95814
The Honorable Tom Bates
Assemblyman, 14th District
Room 3120, State Capitol
Sacramento, CA 95814
The Honorable Robert J. Campbell
Assemblyman, 11th District
Room 2163, State Capitol
Sacramento, CA 95814
The Honorable Richard K. Rainey
Assemblyman, 15th District
Room 4139, State Capitol
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-3-
Concord, CA 94520
C •'�� ��1,-;I`IVY r} 1 n �1 `Y 7���j
LA
Child Abuse Prevention Council of Contra Costa County, Inc.
LEGISLATIVE ALERTI
Assembly Committees Pass Corporal Punishment Bills
AB 7, Mickey Conroy (R- Orange). The "Paddling Bill" will allow minors who have been
convicted of acts of graffiti to be paddled by either their parents or a court bailiff. Passed by the
Assembly Public Safety Committee earlier this month with a 5-4 margin, the bill is scheduled to be
reviewed by the Appropriations Committee on January 24th. If passed by Appropriations, the
bill will then go to the full Assembly for a vote. This bill has been opposed by child welfare
advocates, the California Teachers Association, social workers and legal experts.
AB 101, Mickey Conroy (R-Orange). The "Corporal Punishment In Schools Bill" will eliminate the
ban on corporal punishment in public schools in California and allow school boards to adopt rules
for conduct and discipline which could include corporal punishment. Corporal punishment would
be administered by teachers, principals and other staff, including bus drivers. Passed by the
Assembly Education Committee on January 17th by a 9-8 vote, this bill has also been referred
to the Appropriations Committee but has yet to be calendared for review.
The Child Abuse Prevention Council urges you to voice your opposition to these bills.
Act now to make a difference in the lives of many children who have no voice in our legislative
system. It only takes a moment of your time to protect the welfare of a child. Phone, write or fax
immediately the following Appropriations Committee members:
(All addresses are for Sacramento, CA 95814)
Charles Poochigian,Chair(R-Fresno) Bill Morrow(R-Carlsbad) Sal Cannella(D-Modesto)
5160 Capitol Building 2111 Capitol Building 5155 Capitol Building
(916)445-2931 (916)445-7676 (916)445-8570
Fax: (916)445-3832 Fax:(916)323-8318 Fax: (916)445-8849
Valerie Brown,Vice Chair(D-Santa Rosa) Fred Agular(R-San Bernardino) Barbara Friedman(D-Los Angeles)
2130 Capitol Building 5126 Capitol Building 5150 Capitol Building
(916)445-8492 (916)445-1670 (916)445-7644
Fax:(916)322-0674 Fax:(916)445-0385) Fax: (916)323-8459
Marguerite Archie-Hudson (D-Los Angeles) Martin Gallegos(D-EI Monte)
5016 Capitol Building Jim Morrissey(R-Santa Ana) 4117 Capitol Building
(916)445-2363 448 Capitol Building (916)445-7610
Fax:(916)323-9640 (916)445-7333 Fax:(818)338-9283
Fax: (916)327-1783
Steve Baldwin(R-EI Cajon) Keith Olberg (R-Victorville) Nao Takasugi(R-Camarillo)
2176 Capitol Building 4009 Capitol Building 2016 Capitol Building
(916)445-3266 (916)445-8102 (916)445-7827
Fax:(916)323-8470 Fax: (9 16)323-7467 Fax:(916)324-6869
Marilyn Brewer(R-Irvine) George House(D-Modesto) Bruce Thompson(R-Fallbrook)
5135 Capitol Building 5144 Capitol Building 4158 Capitol Building
(916)445-7222 (916)445-7906 (916)445-1676
Fax:(916)324-3657 Fax:(916)445-7344 Fax:(916)447-4457
Tom Bordonaro,Jr. (R-San Luis Obispo) Rogan(R-Glendale) Antonio Villaraigosa (D-Los Angeles)
2188 Capitol Building
3152 Capitol Building 6017 Capitol Building
(916)445-8253 (916)445-8364 (916)445-0703
Fax: (916)324-4899 Fax: (916)322-4477 Fax:(916)445-0764
t
4:
AMENDED IN ASSEMBLY MARCH 16, 1995
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY ]BILL No. 7
Introduced by Assembly Members Conroy,
Boland, Bordonaro, Hoge, Horcher, Morrissey, Willard
Murray, Richter, Rogan, and Seten cich
(Coauthors: Senators Ayala, Haynes, Hurtt, Monteith, and
Russell)
December 5, 1994
r
An act to add and repeal Section 726.5 of the Welfare and .
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 7, as amended, Conroy. Juveniles: paddling.
Existing law provides for a minor who violates the law to be
made a ward of the juvenile court, as specified. Existing law
generally provides for the confidentiality of juvenile court
records.
This bill would provide that, in addition to any other
punishment, any minor who is adjudged a ward of the juvenile
,court for an act of graffiti to public or private property may
)be punished by paddling, as specified. The bill would impose
a state-mandated local program by increasing the penalty for
an act in the nature of a crime. The bill would also require the
juvenile court to disclose the names of minors who have been
punished by paddling to any person on request, thereby
imposing a state-mandated local program. These provisions
would be repealed by their own terms on January 1, 1999.
98
AB 7 — 2 —
e t-he state to feiffibefse,
Ieeftl ftftd seheal distr-iets fff eer-tain eests 3iiaftdftt-e,4
y, the state. Sta to s end tty-es
fakiffg that bineittdingt4e er—eation of ft She
to pft tl3e assts of a �.,
whiehde
i3et -,000,-000 st to :,a ftftd other
elaiffis whose statewide eests ^�a �
This-b44 wetild w th4 tie .. l tty-se t is eqaixe
by the ftet fer eek Bests f6f ft sperm ieasaft. b44
would a4se premie that, if the Gaffiffiis eft State A 4e r da tes
.a„�,.�.w. ,, V-1 # e# er Bests f �the
state, reiffiburseffient, fet mese eases shetil be fade pur-seant
to these ftftd- 1€ toe state._,:-'- east Mees
fiat e 100,000; skftil he Fnftde freffi the State N4an a ftte.-.
Glai Fund.
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, including the creation ofa StatE
Mandates Claims Fund to pay the costs of mandates that do
not exceed $1,000,000.
This bill would provide that with regard to certain
mandates no reimbursement is required by this act for a
specified reason.
With regard to any other mandates, this bill would provide
that, if the Commission on State Mandates determines that
the bill contains costs so mandated by the state,
reimbursement for those costs shall be made pursuant to the
statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows.
1 SECTION 1. Section 726.5 is added to the Welfare and
2 Institutions Code, to read:
3 726.5. (a) In addition to any other punishment, any
4 minor who is adjudged a ward of the court pursuant to
5 Section 602 for an act of graffiti to any public or private
6 property may be punished by paddling. The court shat.
98
-- ,3 — AB 7
1 consider the age, condition, and disposition of the minor
2 and all the attending and surrounding circumstances in
:e 3 determining whether and to what extent paddling shall
a State 4 be ordered. Paddling, if ordered; shall be administered in
deh de 5 the courtroom at a time set by the court no less than 72
fef 6 hours nor more than 14 days after the minor is adjudged
7 a ward of the court for an act of graffiti. Paddling shall be
8 administered by a parent of the minor. However, if the
ii-S " 9 parent declines to administer the paddling, or if the court
des 10 determines that the parent has not administered a
by t4l-e 11 satisfactory paddling, a bailiff shall administer the
rsttft-et 12 paddling.
�t Flew 13 (b) Notwithstanding any other provision of law, the
Fidates 14 court shall disclose the names of minors who have been
15 punished by paddling pursuant to this section to any
2burse 16 person on request. No person who has requested and
tdated 17 received the names of minors pursuant to this subdivision
-es for 18 shall be subject to civil liability or criminal prosecution for
i State' 19 publishing those nam-nes.
hat do 20 (c) For purposes of this section:
21 (1) A ``paddle" shall be made of hardwood that is aX
-ertain 22 one-half inch thick. The handle of-the paddle shall be six
for a 23 inches long and one and 4-X.2 one-half inches wide. The
24 paddle area shall be 18 inches long and six inches wide.
rovide 25 (2) "Paddling" means up to 10 strikes with a paddle on
:s that 26 the buttocks of the minor administered on the outside of
state, 27 normal apparel, as determined by the court.
to the 28 (d) This section shall remain in effect only until
29 January 1, 1999, and as of that date is repealed, unless a
e: yes. 30 later.enacted statute, which is enacted before January 1,
31 1999, deletes or extends that date.
32 SEG. -2- Ne b r t i-s reetttired by erf_4
�_110 ws: 33 pttr-sttant tre Seetien 6 of Ar-� X414 $ of the n
34 geese eests .t ffifty be �n by it
re and 35 leeal ageiiey a seheel dict beeattse ae+ efeates -a
36 e of 3N r- }: t, ela�es� �4 a
t, any 37 e - ififfaetieft-, eltatges the pe-i+ fe'- a ewe e -
:ant to 38 {rr aet e - ,-,l;-.r.:n ftt e e� r,,,-.tia
)rivate 39 Seeti$n 176104 t e G e n
shal 40re ae 8� e ���. rw,:r„s
98 98
AB 7 — 4 —
1 the she,
2 ffi b r-Re fft R+ to heal & e eieftnA se steel di 4et-s
ffti-
3 these eests shall be tyle pest to -7 _
4 with Seetient X 503} of Pivisie 4 of Title 2 of 4e
5 C;eve -fttt fie: If the ste e ,:,a eest of the ehaffi #er-
6 ..r..latt-f clues ffet, emeeeEl ene ffAllieft lis
7 ($1,000,000), fftbt w.s,-.....,e t shall be ffiade fiFeffi Oe
8 State N4etndats ai 3s Fund. Seetieft
9 17580 of the C;e er-f ...tom et
10 speei iei-e 04s aet-, the of this ftet shag beeefe
I 1 epee eft the see cue the aet meg e€€eet
12 ptir-suetnt to the Gali�r-niff
13 SEC. 2. No reimbursement is required by this act
14 pursuant to Section 6 of Article XIII B of the California
15 Constitution for certain costs that may be incurred by a
16 local agency or school district because in that regard this
17 act creates a new crime or infraction, eliminates a crime
18 or infraction, or changes the penalty for a crime or
19 infraction, within the meaning of Section 17556 of the
20 Government Code, or changes the definition of a crime
21 within the meaning of Section. 6 of Article XIII B of the
22 California Constitution.
23 however, notwithstanding Section 17610 of the
24 Government Code, if the Commission on State Mandates
25 determines that this act contains other costsmandated by
26 the state, reimbursement to local agencies and school
27 districts fol- those costs shall be made pursuant to Part 7
28 (commencing with. Section 17500) of Division 4 of Title
29 2 of the Government Code. If the statewide cost of the
30 claim for reimbursement does not exceed one million
31 dollars ($1,000,000), reimbursement shall be made .from
32 the State Mandates Claims Fund.
33 Notwithstanding Section 17580 of the Government 1
34 Code, unless otherwise specified, the provisions of this act
35 shall become operative on the same date that the act
36 takes effect pursuant to the California Constitution.
p
94
"TO: ' BOARD OF SUPERVISORS sE t Contra
1.
FROM: SUPERVISOR MARK DeSAULNIER ' Costa
County
DATE: January 30, 1996
LEGISLATION: OPPOSE AB-101 (Conroy, et al) WHICH WOULD THORIZE
SUBJECT: SCHOOL BOARDS TO ADOPT RULES PERMITTING THE USE OF CORPORAL
PUNISHMENT BY TEACHERS, PRINCIPALS AND OTHER SCHOOL STAFF
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position IN OPPOSITION TO ABA 01 by Assemblyman Conroy, which would
authorize school boards to adopt rules permitting the use of corporal punishment by
teachers, principals and other school staff.
BACKGROUND:
Existing law prohibits the use of corporal punishment upon a pupil by any person
employed by a public school. Assemblyman Mickey Conroy of Orange County has
introduced AB 101 which would repeal those provisions of law and instead authorize
school boards to adopt rules permitting the use of corporal punishment by teachers.
Specifically, as amended January 3, 1996, AB 101 would do all of the following:
0 Authorize the governing board of each school district to adopt rules governing pupil
conduct and discipline, including the use of corporal punishment, and require that
they make available codes of pupil conduct.
0 Provide that, subject to law and the rules of the governing board of each school
district, each teacher or other member of the staff of any school district shall have
the authority for the control and discipline of pupils as assigned by the principal or
principal's designated representative.
CONTINUED ON ATTACHMENT: YES SIGNATURE: �V
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): February 6, 1996
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISOR N THE DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR,CdNTY
K OF THE BOARD OF
cc: SUPERVIS RS AND ADMINISTRATOR
See Page 3
BY DEPUTY
r
5D. o
0 When a teacher believes that corporal punishment is necessary, require that at
least the following procedures be followed:
• The use of corporal punishment must be approved in principle by the
principal before it is used, although approval for each specific instance is not
required.
• Require the principal to prepare guidelines for administering punishment that
identifies the types of punishable offenses, the conditions under which the
punishment shall be administered and the specific personnel on the school
staff authorized to administer the punishment.
• A teacher or principal may administer corporal punishment only in the
presence of another adult who is informed beforehand and in the pupil's
presence of the reason for the punishment.
• A teacher or principal who has administered corporal punishment shall, upon
request, provide the pupil's parent or guardian with a written explanation of
the reason for the punishment and the name of the other adult who was
present.
0 Provide that a teacher, principal, principal's designated representative or bus driver
is not civilly or criminally liable for any action carried out in conformity with the rules
adopted by the school board regarding control and discipline of pupils, except in the
case of excessive force or cruel and unusual punishment.
0 Define "corporal punishment" for the purposes of this bill as the moderate use of
physical force or physical contact by a teacher or principal as may be necessary to
maintain discipline or to enforce school rules.
0 Exclude from the definition of corporal punishment the use of reasonable force by
a teacher, principal or other members of the staff of a school as may be necessary
to protect the teacher, principal, members of the staff or other pupils from disruptive
pupils.
I believe that any move to legalize corporal punishment is wrong and should not be
tolerated by our society. Schools have any number of more appropriate means available
to punish pupils and maintain discipline without the use of a vague punishment such as
"...the moderate use of physical force or physical contact...". Children who are beaten as
children turn to domestic violence as a way of solving problems as adults.
The Child Abuse Prevention Council of Contra Costa County, Inc. opposes AB-101. 1 am
also advised that the Board's Child Care Task Force at its regular meeting on January 24,
1996, voted unanimously to ask the Board of Supervisors to oppose AB 101 and advise
this County's legislative delegation of our opposition.
I am pleased, therefore, to join with the Child Abuse Prevention Council and the Child Care
Task Force in urging the Board of Supervisors to oppose AB 101 and to advise our
legislative delegation of our opposition.
-2-
cc: County Administrator
Ronald L. Stewart, Ed.D.
Superintendent of Schools
77 Santa Barbara Road
Pleasant Hill, CA 94523
Child Care Task Force (Via CAO)
The Honorable Mickey Conroy
Assemblyman, 71 st District
Room 2117, State Capitol
Sacramento, CA 95814
The Honorable Daniel E. Boatwright
Senator, 7th District
Room 3086, State Capitol
Sacramento, CA 95814
The Honorable Nicholas C. Petris
Senator, 9th District
Room 5080, State Capitol
Sacramento, CA 95814
The Honorable Tom Bates
Assemblyman, 14th District
Room 3120, State Capitol
Sacramento, CA 95814
The Honorable Robert J. Campbell
Assemblyman, 11 th District
Room 2163, State Capitol
Sacramento, CA 95814
The Honorable Richard K. Rainey
Assemblyman, 15th District
Room 4139, State Capitol
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-3-
. Concord, CA 94520 v
J I.J
-
Child Abuse Prevention Council of Contra Costa County, Inc,
LEGISLATIVE ALERTI
Assembly Committees Pass Corporal Punishment Bills
AB 7, Mickey Conroy (R- Orange). The "Paddling Bill" will allow minors who have been
convicted of acts of graffiti to be paddled by either their parents or a court bailiff. Passed by the
Assembly Public Safety Committee earlier this month with a 5-4 margin, the bill is scheduled to be
reviewed by the Appropriations Committee on January 24th. If passed by Appropriations, the
bill will then go to the full Assembly for a vote. This bill has been opposed by child welfare
advocates, the California Teachers Association, social workers and legal experts.
AB 101, Mickey Conroy (R-Orange). The "Corporal Punishment In Schools Bill" will eliminate the
ban on corporal punishment in public schools in California and allow school boards to adopt rules
for conduct and discipline which could include corporal punishment. Corporal punishment would
be administered by teachers, principals and other staff, including bus drivers. Passed by the
Assembly Education Committee on January 17th by a 9-8 vote, this bill has also been referred
to the Appropriations Committee but has yet to be calendared for review.
The Child Abuse Prevention Council urges you to voice your opposition to these bills.
Act now to make a difference in the lives of many children who have no voice in our legislative
system. It only takes a moment of your time to protect the welfare of a child. Phone, write or fax
immediately the following Appropriations Committee members:
�t
(All addresses are for Sacramento, CA 95814)
Charles Poochigian,Chair(R-Fresno) Bill Morrow(R-Carlsbad) Sal Cannella(D-Modesto)
5160 Capitol Building - 2111 Capitol Building 5155 Capitol Building
( (916)445-2931 (916)445-7676 (916)445-8570
Fax: (916)445-3832 Fax:(916)323-8318 Fax: (916)445-8849
Valerie Brown,Vice Chair(D-Santa Rosa) Fred Agular(R-San Bernardino) Barbara Friedman(D-Los Angeles)
2130 Capitol Building 5126 Capitol Building 5150 Capitol Building
(916)445-8492 (916)445-1670 (916)445-7644
Fax:(916)322-0674 Fax: (916)445-0385) Fax: (916)323-8459
Marguerite Archie-Hudson (D-Los Angeles) Martin Gallegos(D-EI Monte)
5016 Capitol Building Jim Morrissey(R-Santa Ana) 4117 Capitol Building
(916)445-2363 448 Capitol Building (916)445-7610
Fax:(916)323-9640 (916)445-7333 Fax:(818)338-9283
Fax: (916)327-1783
Steve Baldwin(R-EI Cajon) Keith Olberg (R -Victorville) Nao Takasugi(R-Camarillo)
2176 Capitol Building 4009 Capitol Building 2016 Capitol Building
(916)445-3266 (916)445-8102 (916)445-7827
Fax:(916)323-8470 Fax: (§16)323-7467 Fax:(916)324-6869
Marilyn Brewer(R-Irvine) George House(D-Modesto) Bruce Thompson(R-fallbrook)
5135 Capitol Building 5144 Capitol Building 4158 Capitol Building
(916)445-7222 (916)445-7906 (916)445-1676
Fax:(916)324-3657 Fax:(9 16)445-7344 Fax: (916)447-4457
Tom Bordonaro,Jr. (R-San Luis Obispo) Rogan(R-Glendale) Antonio Villaraigosa(D-Los Angeles)
3152 Capitol Building 6017 Capitol Building 2188 Capitol Building
(916)445-8253 (916)445-8364 (916)445-0703
Fax:(916)324-4899 Fax: (916)322-4477 Fax: (916)445-0764
}
1
i`
AMENDED IN ASSEMBLY JANUARY 3, 1996
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY-BILL No. 101
Introduced by Assembly Member Conroy
(Coauthors: Assembly Members Bordonaro, Granlund,
Harvey, House, Morrow, and Mogan)
(Coauthors: Senators Kopp and Monteith)
January 9, 1995
An act to repeal and add Article 5 (commencing with
Section 49000) to Chapter 6 of Part 27 of the Education Code,
relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 101, as amended, Conroy. Pupils: corporal
punishment.
Existing law prohibits the infliction of corporal punishment,
as defined, upon a pupil by any person employed by or
engaged in a public school.
This bill would repeal these existing provisions and instead
authorize the governing board of any school district to adopt
rules governing pupil conduct and discipline, including the
use of corporal punishment. This bill would permit teachers
to administer corporal punishment, as defined, if the use of
corporal punishment is approved by the principal, if another
adult, who is informed of the reason for the punishment, is
present, and if, upon request, the pupil's parent or guardian
is provided with a written explanation of the reason for the
punishment and the name of the other adult who was present.
98
AB 101 — 2 —
This
2 —This bill would also provide that a teacher, principal, or other
staff member shall not be civilly or criminally liable for any
action carried out in conformity with the rules adopted by the
governing board of the school district pertaining to control
and discipline of pupils.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows.-
1 SECTION 1. Article 5 (commencing with Section
2 49000) of Chapter 6 of Part 27 of the Education Code is
3 repealed.
4 SEC. 2. Article 5 (commencing with Section 49000) is
5 added to Chapter 6 of Part 27 of the Education Code, to
6 . read:
7
8 Article 5. Corporal Punishment
9
10 49000. This article may be cited as the "School
11 Discipline Act of 1996."
12 49001. (a) The governing board of each school
13 district is authorized to adopt rules governing pupil
14 conduct and discipline, including the use of corporal
15 punishment, and shall make available codes of pupil
16 conduct.
17 (b) Subject to law and to the rules of the governing
18 board of each school district, each teacher or other
19 member of the staff of any school shall have authority for
20 the control and discipline of pupils as may be assigned by
21 the principal or the principal's designated representative
22 and shall keep good order in the classroom and in other
23 places in which the teacher or staff member is assigned
24 to be in charge of pupils. If a teacher believes that
25 corporal punishment is necessary, at least the following
26 procedures shall be followed:
27 (1) The use of corporal punishment shall be approved
28 in principle by the principal before it is used,but approval
29 is not necessary for each specific instance in which it is
30 used. The principal shall prepare guidelines for
98
- 3 — AB 101
her 1 administering punishment that identify the types of
my 2 punishable offenses, the conditions under which the
the 3 punishment shall be administered, and the specific
=rot 4 personnel on the school staff authorized to administer the
5 punishment.
yes. 6 (2) A teacher or principal may administer corporal
7 punishment only in the presence of another adult who is
8 informed beforehand and, in the pupil's presence, of the
�,S• 9 reason for the punishment.
10 (3) A teacher or principal who has administered
ion 11 corporal punishment shall, upon request, provide the
e is 12 pupil's parent or guardian with a written explanation of
13 the reason for the punishment and the name of the other
is 14 adult who was present.
to 15 49002. Except in the case of excessive force or cruel
16 and unusual punishment, a teacher or other member of
17 the instructional staff, a principal or the principal's
18 designated representative, or a bus driver shall not be
19 civilly or_ criminally liable for any action carried out in
,.00l 20 conformity with the rules adopted by the governing
21 board of the school district regarding control and
.00l 22 discipline of pupils.
tpil 23 49003. For the purposes of this article, the term
)ral 24 "corporal punishment" means the moderate use of
ipil 25 physical force or physical contact by a teacher or
26 principal as may be necessary to maintain discipline or to
ing 27 enforce school rules. The term "corporal punishment"
her 28 does not include the use of reasonable force by a teacher,
for 29 principal, or other members of the staff of any school as
by 30 may be necessary to protect the teacher, principal,
:ive 31 member of the staff of the school, or other pupils from
her 32 disruptive pupils.
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98 98