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Senate Bill 496 (Presley-1979)

Chapter 1149, Statutes of 1979 - SB 496

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Education Code sections 48909 and 48910, relating to school violence and vandalism, were amended with the passage of Senate Bill 496 of 1979.  (See Exhibit #1i)  These were the only two sections affected by this bill.  (Id.) Senator Presley introduced this measure on March 5, 1979 on behalf of the California Teacher’s Association.  (See Exhibits #1a; #4, document SP-1; and #11, document PE-6)

 

Senate Bill 496 was assigned to the Senate Committee on Education and the Assembly Committee on Education where policy issues raised by the bill were considered.  (See Exhibits #3 and #7)  The fiscal ramifications of the bill were considered by the Senate Committee on Finance and the Assembly Committee on Ways and Means.  (See Exhibits #2 and #8)  Eight amendments were made to Senate Bill 496.  (See Exhibits #1b through #1i and #2)  Subsequent to legislative approval, Governor Edmund G. Brown, Jr. signed the bill on September 28, 1979, and it was recorded by the Secretary of State on September 29, 1979 as Chapter 1149 of the Statutes of 1979.  (See Exhibits #1j and #2)

 


An Enrolled Bill Memorandum dated September 9, 1979, summarized Senate Bill 496 as follows:

 

This bill would provide that a parent or guardian of a minor whose willful misconduct has caused injury or death to a pupil, employee or volunteer of a private school, or whose willful misconduct damages private school property, is liable for the damage so caused.

 

This bill would in addition impose liability on a parent or guardian of a minor whose willful misconduct has caused damage to the personal property of a public or private school employee.

 

This bill would authorize any school district whose property has been damaged by a pupil to withhold the pupil’s grades, diploma or transcripts until the pupil or pupil’s parent or guardian has paid for the damages.

 

This bill would increase to $5,000 the amount for which a parent or guardian could be held liable for the acts of willful misconduct of a minor.

(See Exhibit #11, document PE-2)