BY JENNA PETERSON | CalMatters
During Zuleima Baquedano’s first year as a teacher, she faced an important choice.
One of her students had difficulty controlling her emotions. One day, she had a meltdown and kicked Baquedano down.
The principal asked Baquedano if she wanted to call the police, because the incident legally counted as assault. But not long before, the student had moved in with her family after being in and out of foster care, was beginning the diagnostic process for her disability and had been working with Baquedano on coping mechanisms.
“Any contact with police would have really put all of that in jeopardy,” Baquedano said. “Calling the police, getting Child Protective Services involved and all that would have completely just ruined any kind of progress she’d made.”
Baquedano decided against calling the police. “I’m never going to regret advocating for her, despite the fact that several teachers told me I couldn’t let her get away with it, and that she did this on purpose when they didn’t even know her,” she said.
She had a choice because she worked at a charter school in Los Angeles. Staff at traditional public schools don’t have the same freedom: Under California law, they are required to make a police report if a student assaults them — and can be prosecuted if they don’t.
A bill before the Legislature in its final week would change that.
But what supporters see as a common sense bill, opponents see as going too far, raising partisan tensions in an election year in which crime and education are top of mind for many voters.
A difficult path to the Senate
Assemblymember Ash Kalra, a San Jose Democrat, has been trying to get similar legislation passed for four years.
“The data very clearly shows that when law enforcement is required to come onto campus, those that they choose to arrest are disproportionately people with disabilities and students of color,” Kalra said in an interview.
A 2021 study by the ACLU of Southern California found that students with disabilities make up 26% of school arrests, despite being 11% of total enrollment. According to a 2024 report by the California Racial and Identity Profiling Advisory Board, students of color are handcuffed by police at a disproportionate rate — 20% of Black students compared to 9% of white students.
“This bill is really a turning point in addressing issues around school climate,” said Oscar Lopez, an associate managing attorney at Disability Rights California, a sponsor of the bill.
Assemblymember Ash Kalra at the state Capitol in Sacramento on June 13, 2023. Photo by Semantha Norris, CalMatters
This is the first time Kalra’s bill has made it to the Senate, and it wasn’t easy. It barely squeaked out of the Assembly by a vote of just 41-22, with seven Democrats voting “no.”
“It’s unfortunate that a common sense bill like this has struggled so hard to make it through the Legislature,” Kalra said.
And opposition is organizing.
Last week, Senate Republicans released their own bill analysis, listing concerns about school safety, drug possession and the relationship between schools and law enforcement.
“The bottom line is this is going to make our school campuses less safe,” Senate GOP Leader Brian Jones of San Diego told CalMatters. “It’s going to endanger our students, teachers, administrators and even the law enforcement professionals who have to serve on these campuses.”
Law enforcement officials worry that AB 2441 could open the door to eliminating school resource officers.
“School officials and law enforcement should work together, especially when it comes to pupils whose behavior violates the law and puts school safety in jeopardy,” said Cory Salzillo, legislative director of the California State Sheriffs’ Association. “Removing requirements just runs counter to that notion.”
If AB 2441 were to pass, there would still still be times when staff are required to call the police. Under federal law, local education agencies must call law enforcement if a student has a firearm or is caught selling controlled substances.
Some opponents have also raised concerns about school administrators’ ability to discern between students who are selling controlled substances or just possessing them — a task they think should be left to law enforcement, particularly amid the fentanyl crisis.
“Schools are not isolated in the community, so when there are crimes being committed, even if it’s simple possession of a controlled substance, that’s something that law enforcement should be aware of,” Salzillo said.
The California Department of Public Health plans to announce a new fentanyl education campaign on Wednesday.
“Fentanyl is so dangerous that we need to be all hands on deck on dealing with that crisis on our school campuses,” Jones said. “Removing this requirement of reporting is just unbelievable to me at this point in time.”
Because of an amendment to the bill, staff would also need to notify law enforcement if someone needed immediate medical attention.
After the Senate Republican Caucus released its analysis — and sent it to its entire press list for the first time — supporters of the bill accused them of fear mongering and spreading misinformation.
“There’s been a lot of untruths shared and promoted by the opposition to this bill,” said Rachel Bhagwat, legislative advocate at ACLU California Action, a bill sponsor.
Jones denied that’s what’s happening.
“California voters and taxpayers are fed up with the criminal justice system in California right now,” he said. “They’re fed up with the progressive wing that’s continuing to decriminalize crime.”
Preventing the school-to-prison pipeline
Research has shown that when young people face severe discipline at school — such as police interaction, suspension or expulsion — they are less likely to graduate high school and more likely to go to prison.
“The interpretation of normal, age-appropriate behaviors as being threatening and criminal and dangerous is leading to a situation where young people are not getting educational opportunities in school, and they’re being funneled into further criminal contact and the criminal system,” Bhagwat said.
Under current state law, staff are required to try other methods — such as meeting with parents, speaking with a psychologist, creating an individualized education plan or restorative justice programs — before resorting to something more severe.
“Between counseling and other programs, there are methods to use that don’t involve punitive consequences such as a misdemeanor crime,” Naj Alikhan, senior director of marketing and communications for the Association of California School Administrators, wrote in a statement to CalMatters.
The bill would also get rid of a clause that makes it a crime to “willfully disturb” public schools and meetings. Under this provision, students could be criminally prosecuted for running in hallways or knocking on doors.
“It’s somewhat of a vague term,” Kalra said, “and it’s been used against students who might have behavior issues. There’s a lot of different reasons why a student may be causing a disturbance and we want to give schools the ability to decide how they want to handle those situations.”
An amendment to the bill would make it an infraction for someone to prevent a school staff member from calling the police.
Baquedano — who testified on the bill before the Senate education committee in July and now teaches in Santa Ana — said that if the bill passes, there are serious situations, like having a deadly weapon or being in possession of drugs, where she would still call.
“There’s an assumption that we’re going to stop calling the police, and that’s not the case,” she said. “The idea that we wouldn’t have that common sense is a little insulting.”
It’s a decision Baquedano said teachers deserve to have.
“People should trust us — the professionals in the situation, who’ve been trained, who’ve gone through education to do this — they should be trusting our judgment,” she said. “We’re the ones who best know our students. We spend all these hours with them a year, sometimes more than parents do.”
Kalra remains optimistic that AB 2441 will pass the Senate this week and make it to Gov. Gavin Newsom’s desk.
“You would hope,” he said, “that legislators would understand the need for us to support all students, and I’m hopeful that at least we can get this bill through to see that it’s not going to create some doomsday outcome.”
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