California bill could change K-12 reporting on student drug dealing, violence

(The Center Square) - California Democrats are advancing a bill that would alter when schools are required to report student drug dealing and violence against staff to the police. The new bill would require police notification only for drug possession that involves bringing a firearm on campus, or violence against a staff member that results in immediate medical attention.

Advocates say existing reporting requirements create a “school-to-prison pipeline” and create “alarming disparities” especially affecting “Black students, Latino students, students of color, and students with disabilities, while opponents, including Republicans and Democratic law enforcement leaders, say the bill would erode student and teacher safety.

AB 2441 by Assemblyman Ash Kalra, D-San Jose, would end current requirements that any TK-14 staff member at a public school with knowledge of a student physical threat against or attack on a staff member must report the incident to police or face a $500 to $1,000 fine, making the reporting requirement lie solely with the attacked individual, but only if the attacked individual requires “immediate medical attention.”

It also would end the requirement that school administrators notify police if a student is found in possession of controlled or regulated substances such as alcohol or fentanyl, and only require reporting if a firearm is involved; notification is still required when the illicit substance possession involves sales, as determined by the school administrators.

The bill also exempted students enrolled at the school district from a new law making it a misdemeanor with an up to $500 fine for disturbing a public school or public school meeting.

“For far too long, the over-policing of children in our public schools has fueled the school-to-prison pipeline,” wrote Kalra in support of his bill. “ Our existing system has led to alarming disparities in the type of students who are most likely to suffer from these actions. Black students, Latino students, students of color, and students with disabilities are disproportionately referred to law enforcement, cited, and arrested.”

The State Senate Committee on Education's analysis of the bill found African American students were 5% of total national enrollment in the 2022-2023 school year, and received 15% of suspensions and 12% of expulsions that year.

Bill opponents, such as Sacramento County Sheriff Jim Cooper — a former Democratic assemblyman — say schools are already empowered to enact policies limiting police involvement, and that this would limit law enforcement power in schools to such an extent student and teacher safety will be threatened.

“School districts throughout the state have already enacted policies and procedures to curtail law enforcement’s involvement in areas which only require behavioral interventions. Currently, memorandums of understanding between the Sacramento County Sheriff’s Office and various school districts, generally limit the role of [School Resource Officers, or police assigned to schools] to investigations of criminal matters and restricts them from participating in the disciplinary and administrative process,” wrote Cooper in opposition. “Current training and policies which govern School Resource Officers have addressed the concerns the author is trying to address with this legislation. At some point, any further limits on law enforcement’s ability to investigate and respond to serious crimes will only endanger students and school employees, not protect them.”

Opponents also noted it would be difficult for school administrators to determine whether or not a student simply possesses a controlled substance, or wishes to sell it, and that by making reporting optional, more teachers and students will be at risk.

“Allowing violence against teachers or the presence of fentanyl in our schools doesn’t just fail to address safety concerns—it also deeply affects the morale of our entire community,” said State Sen. Rosalicie Ochoa Bough, R-Yucaipa, who serves as Vice Chair of the Senate Committee on Education. “We need to come together to create an environment where respect and safety are the foundation for everyone in our schools.”

The bill passed the State Assembly and now faces the Senate floor.