Press Release

Gov. Newsom Signs Sen. Skinner’s Bill to Bar Willful Defiance Suspensions

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.

Governor Gavin Newsom has signed Sen. Skinner’s SB 274, which is designed to keep kids in school by prohibiting the suspension of TK through 12 students for low-level behavior issues known as “willful defiance.”

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,” and have been disproportionately directed at students of color, LGBTQ students, students who are homeless or in foster care, and those with disabilities.

“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,” said Sen. Skinner, D-Berkeley. “With Governor 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.”

SB 274, Keep Kids in School, won overwhelming approval in the state Assembly and Senate, and it takes effect July 1, 2024. SB 274 builds on Sen. Skinner’s 2019 legislation, SB 419, which was signed into law by Gov. Newsom. It permanently banned willful defiance suspensions in grades TK-5 and prohibited them in grades 6-8 until 2025. Under SB 274, willful defiance suspensions are barred in grades 6 to 12, with a sunset of July 1, 2029, in all California public schools.

In addition, 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 is 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 (Co-Sponsor; Black Parallel School Board; Community Asset Development Re-defining Education (CADRE); Congregations Organized for Prophetic Engagement (COPE); Dolores Huerta Foundation; Disability Rights California; East Bay Community Law Center; Generation Up; Mid-City Community Advocacy Network; Public Counsel; Youth Alliance; and Youth Justice Education Clinic – Loyola Law School.

For more information on SB 274, please click here.

 

Sen. Nancy Skinner represents the 9th Senate District and is chair of the Senate Budget Committee and the California Legislative Women’s Caucus.