Senate Republicans Blast School Law Enforcement Limitation Bill

Senate Republicans spoke out against a bill on Tuesday that would, if passed, no longer require schools notify law enforcement if an employee is attacked or threatened, with police only being called if the attack caused bodily harm that requires medical attention.

Assembly Bill 2441, authored by Assemblyman Ash Kalra (D-San Jose), would expressly authorize, instead of require an employee who is physically threatened by a pupil to report the incident, would eliminate the duty of a person under whose direction or supervision the employee is employed who has knowledge of the incident to report it, and would make conforming changes. AB 2441 instead would require, whenever an employee is subject to an attack by a pupil that causes bodily harm sufficient to require immediate medical attention, the employee to notify specified law enforcement authorities and would eliminate the duty of a person under whose direction or supervision the employee is employed who has knowledge of the incident to report it.

In short, AB 2441 would eliminate the requirement that schools notify law enforcement regarding instances involving the possession of narcotics or a controlled substance by a student if it does not include a firearm. It would also the requirement that schools notify law enforcement if an employee is attacked, assaulted, or physically threatened by a student, and instead only requires law enforcement to be notified when an attack causes bodily harm sufficient to require immediate medical attention. Finally, it would also exempt currently enrolled students from being charged with a misdemeanor or being fined up to $500 for willful disturbance at a public school or public school meeting.

Kalra wrote the bill to decrease law enforcement involvement in student behavioral issues at school and provide educators “flexibility” to respond appropriately to student behavior.

“In partnership with our dedicated sponsor coalition, AB 2441 has overcome a significant legislative hurdle. With all the known negative impacts of using law enforcement to discipline students, we aim to empower teachers and administrators to make decisions that prioritize the success and safety of their students in the classroom,” said Kalra in a statement earlier this year. “AB 2441 will bring California closer to utilizing evidence-based approaches to address student misbehavior and combatting the school-to-prison pipeline.

“Current law mandates educators to involve law enforcement in various student behavior incidents, leading to unnecessary calls and negative outcomes for students. Studies show student interactions with law enforcement can harm academic success and increase involvement in the criminal legal system. Further, studies have demonstrated school police presence does not decrease student crime rates and may lead to more student misconduct.”

A critical decision on AB 2441

Republican and more centrist Democrats quickly came out against AB 2441, charging that the bill would negatively impact safety at schools, questioned how principals and other authority figures at schools would deal with issues like drugs with officers, and would lead to more violent issues down the road because of a lack of consequences for students.

The debate quickly spilled over in to Committees, where AB 2441 has become one of the most divisive bills of the year. This includes barely passing the Assembly in May, where the final tally was 41-22 with 17 not voting. Should the not voting lawmakers gone directly to no, the bill would have passed by a single vote. With committees in the Senate showing a strong opposition to the bill, many in the Senate hope they can stop it, or that Governor Gavin Newsom, who has remained non-committed to passing the bill, veto it. With the bill reaching a breaking point, Senate Republicans spoke out against the bill on Tuesday, hoping for it to be swayed towards being voted down in the Senate vote.

“This bill is a lose-lose for students, teachers, parents, and law enforcement, making it harder to ensure the safety and well-being of our children,” said Senator Rosilicie Ochoa Bogh (R-Yucaipa), on Tuesday. “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. We need to come together to create an environment where respect and safety are the foundation for everyone in our schools.”

Others in the capitol are simply waiting, to see if AB 2441 has enough to go past the final 2 major hurdles, as well as get past opposition from both parties, law enforcement groups, teacher groups, and parent organizations.

“This is going to be a very close bill,” added Capitol staffer “Dana” to the Globe. “Even if it passes the Senate, there is no guarantee Newsom will sign it. Remember, he is more and more image conscious and has been being more broad recently as his political star rises. As for the Senate, there may not be enough progressives to push this through, especially with so many tougher on crime laws coming through. It can go either way, which is something you don’t often hear about bills like this.”

A Senate vote on AB 2441 is expected soon.