New Laws Part 3: Youth Justice

In 2019, Governor Newsom signed a bill banning suspensions for the problematic catchall category of “willful defiance,” for kids elementary school-aged and younger. The bill, SB 419, by Senator Nancy Skinner (D-Berkeley), also paused suspensions for willful defiance for kids in grades 6-8 until 2025. With a new 2023 bill — also signed by Newsom — Skinner expanded the temporary ban on those suspensions to include kids in grades 6-12, with a sunset date of 2029. 

Under the new law, SB 274, when a kid engages in behavior a teacher or other school employees deems “defiant” or disruptive, the campus worker can refer the child to school administrators for “appropriate and timely in-school interventions or supports.” Administrators then have five days to document any actions they took to help the child, or to explain why they did not to provide those services.

“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. “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.”

For the full report, click here.