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New CA Law Stops Suspension of Certain Students, But Critics Push Back—Know Your Student’s Rights

Posted by Joseph D. Lento | Dec 12, 2023 | 0 Comments

California lawmakers have taken notable steps to protect students' reputations, but critics of new legislation suggest that rights violations could be imminent.

California Senate Bill 274 (SB274) will take effect on July 1, 2024. The law will make it illegal for educators in the state to suspend students in grades six through 12 for “willful defiance.” The bill characterizes willful defiance as acts including but not limited to talking back to teachers, breaking the dress code, and using a phone in the classroom.

There is no guarantee that educators will respect this law once it hits the books. Furthermore, many months will pass before SB274 becomes law, during which period countless rights violations will occur. Call the Lento Law Firm today at 888.535.3686 or contact us online if you or your student face unjust discipline from an educator or administrator.

Senate Bill 274 (and Similar Legislation) Affords Greater Protection from Unjust Suspensions

While critics will characterize SB274 as a move that neuters educators and subjects them to abuse, it is not a wholesale prohibition of suspensions. It is merely raising the bar on behaviors that warrant a move as drastic as suspension—a form of punishment that can have severe, long-ranging consequences for a student.

Educators in California still have the right to suspend a student who:

  • Perpetrates violence upon other students or administrators
  • Possesses drugs or alcohol on school property
  • Possesses any weapon on school grounds
  • Engages in any other behavior that endangers others' safety

Proponents of SB274 suggest that banning suspensions for less serious offenses could reduce dropout rates while prompting adults to identify and treat the root of a student's behavioral issues.

Vocal Criticism of the Law Suggests Some Educators May Not Comply

Not everyone is on board with SB274, either in theory or practice. Critics complain that educators are already overwhelmed by behavioral issues in schools, and this legislation only erodes their protections further.

While we understand and empathize with these arguments, students' rights and futures must be paramount in an educational setting. The early pushback to SB274 suggests to us that some educators and administrators may not comply with the law.

If your student experiences an unfair suspension, they may be more likely to drop out, fall behind in their studies, fail to earn the marks they deserve, and suffer other consequences that diminish their future opportunities.

Call the Lento Law Firm Whenever a Student's Rights Are Violated

Whether your student experiences a violation of their rights under SB274 or suffers any other type of overzealous punishment, the Lento Law Firm can help.

Our Student Defense Team operates nationwide, helping students overcome disciplinary errors by educators and administrators. Call the Lento Law Firm today at 888.535.3686 or contact us online about your case.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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