AB1884 - Interscholastic athletics: drug testing: suspensions: nicotine use.

Amended IN Assembly April 09, 2026 Amended IN Assembly March 19, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1884 Introduced by Assembly Member Hadwick Members Hadwick and Sharp-Collins February 12, 2026 An act to amend Sections 35160.5, 44049, and 48900 of the Education Code, relating to pupil discipline. LEGISLATIVE COUNSEL'S DIGEST AB 1884, as amended, Hadwick. Interscholastic athletics: drug testing: suspensions: nicotine use. Existing law authorizes public and private secondary schools to participate in interscholastic sports, and authorizes schools to enter into associations or consortia to enact and enforce rules relating to eligibility for, and participation in, these activities. Existing law requires the governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, to establish a policy regarding participation in extracurricular and cocurricular activities by pupils in those grades as a condition for the receipt of specified school funding allocations. Existing law requires the policy to condition pupil participation in extracurricular and cocurricular activities upon satisfactory educational progress in the previous grading period. This bill would require authorize the governing board of a school district to adopt, as part of the above-described policy regarding participation in extracurricular and cocurricular activities, provisions establishing a drug testing program for pupils in grades 7 to 12, inclusive. The bill would require the an adopted program to include nicotine testing for athletic extracurricular activities, and authorize the program to (1) include testing for alcohol and controlled substances, and (2) apply to other, nonathletic extracurricular activities. substances. The bill would, among other things, require the basis for testing to be random and suspicionless, unless the school has a reasonable suspicion that a pupil used nicotine, or, if applicable, alcohol or a controlled substance. The bill would require the authorize an adopted drug testing program to condition the voluntary participation in athletic extracurricular activities, and, if applicable, other extracurricular activities, activities on participation in the drug testing program, as provided. The bill would prohibit the results of these drug tests from being made available to criminal or juvenile authorities, except as provided, and would require the results to be shared with the superintendent of the school district or their designee, the coach of the extracurricular athletic team, or, if applicable, adult leader of the other extracurricular activity, team, and the pupil’s parents or other person having legal custody, as provided. Upon the third cumulative instance of a positive drug test, the bill would prohibit a pupil from participating in athletic extracurricular activities for the remainder of that athletic season, as provided. The bill would authorize a pupil drug testing program to require a pupil to participate in a diversion program as a condition of continuing to participate in athletic extracurricular activities upon at least 3 cumulative instances of a positive drug test. Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products. Existing law prohibits the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a controlled substance, alcohol, intoxicants of any kind, tobacco, products containing tobacco, or nicotine products solely for that disclosure. This bill would additionally prohibit the suspension of a pupil who tests positive for a controlled substance, alcohol, intoxicants of any kind, tobacco, products containing tobacco, or nicotine products pursuant to the an adopted pupil drug testing program from being suspended solely for that positive test. Existing law authorizes a principal or the principal’s designee who, in their professional capacity, has knowledge of or observes a pupil whom they know, or reasonably suspect as evidenced by the pupil’s apparent intoxication, has consumed an alcoholic beverage or abused a controlled substance, to report the known or suspected instance of alcohol or controlled substance abuse to the parent or parents, or other person having legal custody, of the pupil. Existing law prohibits a principal or principal’s designee who so reports from being subject to civil or criminal liability, except as specified. This bill would extend the above-described authorization to report to the parent or parents, or other person having legal custody, and related liability protections, to a principal or the principal’s designee who knows or reasonably suspects that a pupil has used nicotine, as provided. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the California Student-Athlete Drug Abuse Prevention Act. SEC. 2. (a) The Legislature finds and declares all of the following: (1) The health, safety, and welfare of pupils are fundamental responsibilities of school districts in California. (2) Drugs, alcohol, performance enhancing drugs, other controlled substances, and nicotine products, including electronic cigarettes and other vaping devices, pose significant risks to the physical health, mental health, and academic success of pupils. (3) Nicotine is a highly addictive substance and early exposure during adolescence increases the likelihood of long-term addiction and adverse health outcomes. (4) The use of drugs, alcohol, or nicotine by pupils participating in school-sponsored athletics or extracurricular activities may impair judgment, increase the risk of injury, and negatively affect the safety of other pupils. (5) In Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls (2002) 536 U.S. 822 and Vernonia School Dist. 47J v. Acton (1995) 515 U.S. 646, the United States Supreme Court held that drug testing of pupils who voluntarily participate in extracurricular activities and random suspicionless drug testing of pupils who voluntarily participate in athletics are consistent with the Fourth Amendment to the United States Constitution and the California Constitution. (6) School districts in California have adopted drug testing policies consistent with these rulings, exercising their authority pursuant to the following statutory provisions: (A) Section 35160.5 of the Education Code, which allows districts to adopt policies and rules regarding participation in extracurricular and cocurricular activities. (B) Section 44049 of the Education Code, related to known or suspected alcohol or controlled substance abuse by pupils. (C) Section 48900 of the Education Code, related to grounds for suspension or expulsion. (D) Section 48900.5 of the Education Code, related to limitations on imposing suspensions. (b) It is the intent of the Legislature to expressly authorize school districts to establish a pupil drug testing program and program, require school districts that establish these programs to test student-athletes for nicotine use as a use, and authorize these programs to condition of voluntary participation in athletic extracurricular activities, activities on participation in these programs, in order to promote pupil health, safety, and welfare. SEC. 3. Section 35160.5 of the Education Code is amended to read: 35160.5. (a) The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period. (1) For purposes of this subdivision, “extracurricular activity” means a program that has all of the following characteristics: (A) The program is supervised or financed by the school district. (B) Pupils participating in the program represent the school district. (C) Pupils exercise some degree of freedom in either the selection, planning, or control of the program. (D) The program includes both preparation for performance and performance before an audience or spectators. (2) For purposes of this subdivision, an “extracurricular activity” is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time. (3) For purposes of this subdivision, a “cocurricular activity” is defined as a program that may be associated with the curriculum in a regular classroom. (4) A teacher-graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this subdivision. (5) For purposes of this subdivision, “satisfactory educational progress” shall include, but not be limited to, both of the following: (A) Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale. (B) Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board. (6) For purposes of this subdivision, “previous grading period” does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, “previous grading period” means the grading period immediately before the grading period or periods excluded pursuant to this paragraph. (7) A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this subdivision. (8) (A) The governing board of a school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period. (B) Notwithstanding subparagraph (A), the governing board of each school district may adopt a policy that would allow a probationary period to exceed one semester in length through the completion of the 2020–21 school year due to the impact of COVID-19. (9) This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145. (10) (A) (i) The governing board of a school district shall may adopt, as part of its policy established pursuant to this subdivision, a pupil drug testing program. The (ii) A pupil drug testing program adopted pursuant to clause (i) shall include, at minimum, a nicotine testing program for pupils in grades 7 to 12, inclusive, applicable to athletic extracurricular activities. The A pupil drug testing program adopted pursuant to clause (i) may also include testing for alcohol and controlled substances, as listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, for pupils in grades 7 to 12, inclusive. The pupil drug testing program may also apply to other extracurricular activities. (B) The basis for testing pursuant to the pupil drug testing program adopted pursuant to subparagraph (A) shall be random and suspicionless, unless the school has a reasonable suspicion that a pupil used nicotine or, if applicable, alcohol or a controlled substance as listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (C) The pupil drug testing program adopted pursuant to subparagraph (A) shall may condition the voluntary participation in athletic extracurricular activities, and if, applicable, other extracurricular activities, activities on participation in the pupil drug testing program, and program. If the pupil drug testing program includes such a condition, the school district shall obtain the written consent to participate in the pupil drug testing program from all pupils participating in athletic extracurricular activities, and if applicable, other extracurricular activities, activities and their parents or guardians. (D) A pupil drug testing program adopted pursuant to subparagraph (A) shall not apply to a cocurricular activity. (E) (D) The results of a pupil’s drug test pursuant to a pupil drug testing program adopted pursuant to subparagraph (A) shall not be made available to criminal or juvenile authorities unless compelled by a valid and binding subpoena or other legal process. The results shall be made available to the superintendent of the school district or the superintendent’s designated representative, the coach of the extracurricular athletic team or, if applicable, the adult leader of the other extracurricular activity, team, and the parents or other person having legal custody of the pupil, and shall not be made available to any other person. (F) (E) The governing board of a school district that establishes a pupil drug testing program pursuant to subparagraph (A) on or after January 1, 2027, shall do so at a meeting open to the public pursuant to Section 35145. (G) (F) A pupil drug testing program adopted pursuant to sub [Text truncated for display. Full text available on Congress.gov.]