Will Fewer Police Reports Mean Safer Schools?

A California bill seeks to change the circumstances of when student violence and drug possession are reported to law enforcement.

Assembly Bill 2441, authored by Assemblymember Ash Kalra (D-San Jose), seeks to amend existing laws that mandate schools to report a range of student offenses to law enforcement agencies.

Assemblymember Kalra argues that it will disrupt the “school-to-prison pipeline” – a phenomenon where students, disproportionately students of color and students with disabilities, are channeled into the criminal justice system through disciplinary actions at school.

“AB 2441 will empower educators to determine when law enforcement intervention is necessary, a practical and evidence-based solution to ensure that students can learn and grow in a supportive and safe classroom,” said Kalra in a press release.

This bill poses the question of when police involvement is necessary and beneficial in a school setting. Current California law requires school officials to report a wide range of student misconduct to law enforcement.

These mandatory reporting requirements encompass:

• Possession of controlled substances: School administrators are required to notify police if a student is found possessing controlled or regulated substances, including alcohol or fentanyl.
• Physical threats or attacks on staff: Any school staff member with knowledge of a student’s physical threat or attack on a staff member must report the incident to the police. Failure to comply with this requirement can result in a fine.
• Firearms and weapons possession: Schools must report to law enforcement any instance of a student possessing a firearm or weapon on school grounds.
• Other serious offenses: California law also mandates reporting for offenses like selling controlled substances, brandishing a knife, committing sexual assault and possessing explosives.
• AB 2441 aims to narrow the scope of these mandatory reporting requirements, granting school officials greater discretion in determining when to involve law enforcement.

The bill, as amended, retains the mandatory reporting requirement for cases where a student assaults or threatens a teacher but previously sought to change mandatory reporting for assaults on teachers.

An earlier iteration of the bill made the mandatory reporting requirement for violence against staff apply only if the victim required “immediate medical attention.”

However, it proposes significant changes in drug possession and “willful disturbances.”

The bill seeks to eliminate the mandatory reporting requirement for student possession or use of alcohol or controlled substances unless a firearm is involved. Schools would still be required to report if they determine the possession involves intent to sell.

AB 2441 clarifies that the existing law, which makes “willful disturbance” of a public school or meeting a misdemeanor punishable by a fine, would not apply to students enrolled in the school district.

A willful disturbance is any intentional action or behavior significantly disrupting the learning environment or school activities. It’s an act done intentionally knowing that it will likely cause a disruption.

Proponents of AB 2441 argue that mandatory reporting requirements have “exacerbated academic disparities” instead of addressing the issues behind a student’s behavior.

They point to research indicating that students who interact with law enforcement, even for minor offenses, are more likely to experience adverse academic outcomes, such as dropping out of high school, are at a higher risk of future involvement with the criminal justice system.

Assemblymember Kalra, in his arguments supporting the bill, highlights the contrasts in school discipline, stating, “Black students, Latino students, students of color and students with disabilities are disproportionately referred to law enforcement, cited and arrested.”

He contends that the bill empowers educators to address student misbehavior through alternative approaches, such as “restorative justice” practices, fostering a safer and more supportive learning environment.

Restorative justice is a philosophy and approach to addressing harm and conflict that prioritizes repairing relationships and restoring community over traditional punitive measures such as facilitating conversations between those involved.

Disability Rights California emphasizes the bill’s potential to mitigate the disproportionate impact of school discipline on students with disabilities, who are more likely to be arrested or referred to law enforcement than their peers without disabilities.

The American Civil Liberties Union of California argues that the bill’s amendments are “positive and commonsense changes,” providing educators with greater flexibility to respond to student behavior in a way that prioritizes support and rehabilitation over punishment.

They emphasize that AB 2441 does not prohibit schools from contacting law enforcement when deemed necessary; instead, it removes the mandate, allowing educators to exercise their professional judgment.

However, AB 2441 faces opposition from law enforcement agencies who raise concerns about school safety and the potential for underreporting of serious offenses.

Sacramento County Sheriff Jim Cooper, a former Democratic assemblymember, argues that schools already have the authority to implement policies that limit police involvement and that AB 2441 would unnecessarily hinder law enforcement’s ability to address criminal activity on school grounds.

He contends that further restricting police involvement could jeopardize the safety of both students and school staff.

Opponents also express concerns about the bill’s practicality and potential to create ambiguity for school administrators. For instance, determining whether a student possesses a controlled substance for personal use or with the intent to sell can be challenging and critics worry that making reporting optional in such cases could put more students at risk.

The Peace Officers’ Research Association of California (PORAC) argues that mandatory reporting requirements are crucial for ensuring accountability and deterring student misconduct, suggesting that the bill could lead to more severe incidents on campuses.

They express concern that removing the requirement to report assaults on teachers, even without mandatory arrest, sends a message that such behavior will be tolerated.

The bill is headed to the Senate floor.

For any inquiries or further information, please contact Jose Cervantes at JoseC.Press@pm.me