BILL NUMBER: SB 744 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Sections 1981, 1983, 48660.1, 48662, and 48918 of,
to add Sections 1981.5 and 48662.5 to, and to repeal Section 1981.2
of, the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 744, as introduced, Lara. Pupils: involuntary transfer: county
community schools and community day schools.
(1) Existing law authorizes a county board of education to
establish and maintain one or more community schools into which the
county board of education may enroll specified pupils, including, but
not limited to, pupils who are expelled for specified reasons,
referred as the result of the recommendation by a school attendance
review board, probation referred, or homeless children.
This bill would revise the list of pupils who may be enrolled in a
county community school to limit the kind of probation referrals and
remove pupils who are referred as the result of the recommendation
by a school attendance review board and homeless children. The bill
would authorize a pupil to challenge a probation referral to a county
community school to the juvenile court and request enrollment in
another school.
(2) Existing law requires a county community school to prescribe
an individually planned educational program based on an educational
assessment for each pupil. Existing law requires the course of study
of a county community school to be adopted by the county board of
education to enable each pupil to continue academic work leading to
the completion of a regular high school program.
This bill would require an individually planned educational
program to include, but not be limited to, specified services. The
bill would require a county community school to also provide
supplemental instruction to pupils who do not demonstrate sufficient
progress toward passing the high school exit examination.
(3) Existing law authorizes the governing board of a school
district to establish one or more community day schools for pupils in
any of kindergarten and grades 1 to 12, inclusive. Existing law
authorizes the governing board of a school district to assign a pupil
to a community day school only if the pupil meets specified
conditions, including, but not limited to, being referred by a school
attendance review board or other district-level referral process and
being probation referred pursuant to specified law.
This bill would revise that list of conditions to limit the kind
of probation referrals and remove a referral by a school attendance
review board or other district level referral process. The bill would
authorize a pupil to challenge a probation referral to a community
day school to the juvenile court and request enrollment in another
school.
(4) Existing law states the intent of the Legislature that
community day schools include specified program components,
including, but not limited to, individualized instruction and
assessment.
This bill would provide that individualized instruction and
assessment includes specified services and would add an additional
program component relating to courses of study that enable each pupil
to continue academic work leading to the completion of a regular
high school program.
(5) This bill would provide a pupil enrolled in a county community
school or a community day school the right to reenroll in his or her
former school or another comprehensive school no later than 6 months
after initial placement in the school, or immediately after
completion of the expulsion period, whichever comes later, as long as
the reenrollment is not inconsistent with any applicable conditions
of the pupil's probation or parole, as appropriate, thereby imposing
a state-mandated local program. The bill would prohibit the pupil
from being denied this reenrollment based on his or her failure to
comply with any additional criteria imposed by a county board of
education or school district beyond the terms of the expulsion order.
The bill would prohibit the county board of education and the school
district from adding additional academic or behavioral criteria or
conditions that would extend the duration of the placement of a pupil
in a county community school or a community day school beyond the
terms of the expulsion order.
(6) Existing law requires the governing board of each school
district to establish rules and regulations governing procedures for
the expulsion of pupils. Existing law requires expulsion proceedings
to be terminated and the pupil to be immediately reinstated and
permitted to return to a classroom instructional program, any other
instructional program, a rehabilitation program, or any combination
of these programs if a hearing officer or administrative panel
decides not to recommend expulsion.
This bill would require that the pupil be permitted to return only
to the classroom instructional program from which the expulsion
referral was made.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1981 of the Education Code is amended to read:
1981. The county board of education may enroll in a community
school pupils who are any of the following:
(a) Expelled from a school district for any reason other
than those specified in subdivision (a) or (c) of
Section 48915.
(b) Referred to county community schools by a school
district as a result of the recommendation by a school attendance
review board or pupils Pupils whose
school districts of attendance have, at the request of the pupil's
parent or guardian, approved the pupil's enrollment in a county
community school.
(c) (1) Probation-referred Probation
referred pursuant to Sections 300, 601, 602,
602 and 654 of the Welfare and Institutions Code.
(2) On probation or parole and not in attendance in any school.
(3) Expelled for any of the reasons specified in subdivision (a)
or (c) of Section 48915.
(d) Homeless children.
(3) Referrals to a community school pursuant to this subdivision
shall be consistent with Section 48645.5. A pupil may challenge the
referral to the juvenile court and request enrollment in another
school.
SEC. 2. Section 1981.2 of the Education Code is repealed.
1981.2. For purposes of this chapter, the term "homeless children"
means either of the following:
(a) A schoolaged child who lacks a fixed, regular, and adequate
nighttime residence.
(b) A schoolaged child who has a primary nighttime residence that
is any of the following:
(1) A supervised publicly or privately operated shelter designed
to provide temporary living accommodations.
(2) An institution that provides a temporary residence for
individuals intended to be institutionalized.
(3) A temporary, makeshift arrangement in the accommodations of
other persons.
(4) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
SEC. 3. Section 1981.5 is added to the Education Code, to read:
1981.5. (a) A pupil who is enrolled in a community school shall
have the right to reenroll in his or her former school or another
comprehensive school no later than six months after initial placement
in the community school, or immediately after completion of the
expulsion period, whichever comes later, as long as the reenrollment
is not inconsistent with any applicable conditions of the pupil's
probation or parole.
(b) A pupil shall not be denied reenrollment in his or her former
school or another comprehensive school based on the pupil's failure
to comply with any additional criteria imposed by a county board of
education beyond the terms of an order to expel issued pursuant to
Section 48916.
(c) The county board of education shall not add additional
academic or behavioral criteria or conditions that would extend the
duration of the placement of a pupil in a community school beyond the
terms of an order to expel issued pursuant to Section 48916.
SEC. 4. Section 1983 of the Education Code is amended to read:
1983. (a) Pupils enrolled in county community schools shall be
assigned to classes or programs deemed most appropriate for
reinforcing or reestablishing educational development.
(b) Such These classes or programs
may include, but need not be limited to, basic educational skill
development, on-the-job training, tutorial assistance,
independent study requirements, and individual guidance
activities.
(c) An individually planned educational program based upon an
educational assessment shall be prescribed for each pupil. This
program shall include, but not be limited to, all of the following:
(1) Efforts to continue a pupil's relationships with school
personnel, including counselors from a pupil's former school.
(2) Any medical or mental health needs.
(3) Access to appropriate services and programs specified in a
pupil's individualized education program.
(4) Efforts to address the language access needs of pupils
identified as English learners.
(d) The course of study of a county community school shall be
adopted by the county board of education and shall enable each pupil
to continue academic work leading to the completion of a regular high
school program , including access to college
preparatory classes. Supplemental instruction shall also be provided
to pupils who do not demonstrate sufficient progress toward passing
the high school exit examination required pursuant to Section 60851
.
SEC. 5. Section 48660.1 of the Education Code is amended to read:
48660.1. It is the intent of the Legislature that school
districts operating community day schools , to the extent
possible , include the following program components:
(a) School district cooperation with the county office of
education, law enforcement, probation, and human services agencies
personnel who work with at-risk youth.
(b) Low pupil-teacher ratio.
(c) Individualized instruction and assessment.
assessment, which includes all of the following:
(1) Any medical or mental health needs.
(2) Appropriate services and programs specified in a pupil's
individualized education program.
(3) Instruction to address the language access needs of pupils
identified as English learners.
(d) Maximum collaboration with school district support service
resources, including, but not limited to, school counselors and
psychologists, academic counselors, and pupil discipline personnel.
(e) A course of study that enables each pupil to continue academic
work leading to the completion of a regular high school program,
including access to college preparatory classes. Supplemental
instruction should also be provided to pupils who do not demonstrate
sufficient progress toward passing the high school exit examination
required pursuant to Section 60851.
SEC. 6. Section 48662 of the Education Code is amended to read:
48662. (a) The governing board of a school district that
establishes a community day school shall adopt policies that provide
procedures for the involuntary transfer of pupils to a community day
school.
(b) A pupil may be assigned to a community day school only if he
or she meets one or more of the following conditions:
(1) The pupil is expelled for any reason.
(2) The pupil is probation referred pursuant to Sections
300 and Section 602 of the Welfare and
Institutions Code. This referral shall be consistent with
Section 48645.5. A pupil may challenge the referral to the juvenile
court and request enrollment in another school.
(3) The pupil is referred to a community day school by a school
attendance review board or other district level referral process.
(4)
(3) First priority for assignment to a community day
school shall be given to a pupil expelled pursuant to subdivision (d)
of Section 48915, second priority shall be given to pupils expelled
for any other reasons, and third priority shall be given for
placement to all other pupils pursuant to this section, unless there
is an agreement that the county superintendent of schools shall serve
any of these pupils.
SEC. 7. Section 48662.5 is added to the Education Code, to read:
48662.5. (a) A pupil who is enrolled in a community day school
shall have the right to reenroll in his or her former school or
another comprehensive school no later than six months after initial
placement in the community day school, or immediately after
completion of the expulsion period, whichever comes later, as long as
the reenrollment is not inconsistent with any applicable conditions
of the pupil's probation.
(b) A pupil shall not be denied reenrollment in his or her former
school or another comprehensive school based on the pupil's failure
to comply with any additional criteria imposed by a school district
beyond the terms of an order to expel issued pursuant to Section
48916.
(c) The school district shall not add additional academic or
behavioral criteria or conditions that would extend the duration of
the placement of a pupil in a community day school beyond the terms
of an order to expel issued pursuant to Section 48916.
(d) Any school created for the purpose of enrolling pupils that
may be assigned to a community day school pursuant to Section 48662
shall follow the same procedures for the involuntary transfer of
pupils to a community day school set forth in this article.
SEC. 8. Section 48918 of the Education Code is amended to read:
48918. The governing board of each school district shall
establish rules and regulations governing procedures for the
expulsion of pupils. These procedures shall include, but are not
necessarily limited to, all of the following:
(a) (1) The pupil shall be entitled to a
hearing to determine whether the pupil should be expelled. An
expulsion hearing shall be held within 30 schooldays after the date
the principal or the superintendent of schools determines that the
pupil has committed any of the acts enumerated in Section 48900,
unless the pupil requests, in writing, that the hearing be postponed.
The adopted rules and regulations shall specify that the pupil is
entitled to at least one postponement of an expulsion hearing, for a
period of not more than 30 calendar days. Any additional postponement
may be granted at the discretion of the governing board.
Within
(2) Within 10 schooldays after
the conclusion of the hearing, the governing board shall decide
whether to expel the pupil, unless the pupil requests in writing that
the decision be postponed. If the hearing is held by a hearing
officer or an administrative panel, or if the district
governing board does not meet on a weekly basis, the
governing board shall decide whether to expel the pupil within 40
schooldays after the date of the pupil's removal from his or her
school of attendance for the incident for which the recommendation
for expulsion is made by the principal or the superintendent, unless
the pupil requests in writing that the decision be postponed.
If
(3) If compliance by the
governing board with the time requirements for the conducting of an
expulsion hearing under this subdivision is impracticable during the
regular school year, the superintendent of schools or the
superintendent's designee may, for good cause, extend the time period
for the holding of the expulsion hearing for an additional five
schooldays. If compliance by the governing board with the time
requirements for the conducting of an expulsion hearing under this
subdivision is impractical due to a summer recess of governing board
meetings of more than two weeks, the days during the recess period
shall not be counted as schooldays in meeting the time requirements.
The days not counted as schooldays in meeting the time requirements
for an expulsion hearing because of a summer recess of governing
board meetings shall not exceed 20 schooldays, as defined in
subdivision (c) of Section 48925, and unless the pupil requests in
writing that the expulsion hearing be postponed, the hearing shall be
held not later than 20 calendar days prior to
before the first day of school for the school year.
Reasons for the extension of the time for the hearing shall be
included as a part of the record at the time the expulsion hearing is
conducted. Upon the commencement of the hearing, all matters shall
be pursued and conducted with reasonable diligence and shall be
concluded without any unnecessary delay.
(b) Written notice of the hearing shall be forwarded to the pupil
at least 10 calendar days prior to before
the date of the hearing. The notice shall include all of the
following:
(1) The date and place of the hearing.
(2) A statement of the specific facts and charges upon which the
proposed expulsion is based.
(3) A copy of the disciplinary rules of the school
district that relate to the alleged violation.
(4) A notice of the parent, guardian, or pupil's obligation
pursuant to subdivision (b) of Section 48915.1.
(5) Notice of the opportunity for the pupil or the pupil's parent
or guardian to appear in person or to be represented by legal counsel
or by a nonattorney adviser, to inspect and obtain copies of all
documents to be used at the hearing, to confront and question all
witnesses who testify at the hearing, to question all other evidence
presented, and to present oral and documentary evidence on the pupil'
s behalf, including witnesses. In a hearing in which a pupil is
alleged to have committed or attempted to commit a sexual assault as
specified in subdivision (n) of Section 48900 or committing a sexual
battery as defined in subdivision (n) of Section 48900, a complaining
witness shall be given five days' notice before being called to
testify, and shall be entitled to have up to two adult support
persons, including, but not limited to, a parent, guardian, or legal
counsel, present during their testimony. Before a complaining witness
testifies, support persons shall be admonished that the hearing is
confidential. Nothing in this This
subdivision shall not preclude the person presiding over
an expulsion hearing from removing a support person whom the
presiding person finds is disrupting the hearing. If one or both of
the support persons is also a witness, the provisions of Section
868.5 of the Penal Code shall be followed for the hearing. This
section does not require a pupil or the pupil's parent or guardian to
be represented by legal counsel or by a nonattorney adviser at the
hearing.
(A) For purposes of this section, "legal counsel" means an
attorney or lawyer who is admitted to the practice of law in
California and is an active member of the State Bar of California.
(B) For purposes of this section, "nonattorney advisor" means an
individual who is not an attorney or lawyer, but who is familiar with
the facts of the case, and has been selected by the pupil or pupil's
parent or guardian to provide assistance at the hearing.
(c) (1) Notwithstanding Section
54593 of the Government Code and Section 35145, the
governing board shall conduct a hearing to consider the expulsion of
a pupil in a session closed to the public, unless the pupil requests,
in writing, at least five days before the date of the hearing, that
the hearing be conducted at a public meeting. Regardless of whether
the expulsion hearing is conducted in a closed or public session, the
governing board may meet in closed session for the purpose of
deliberating and determining whether the pupil should be expelled.
If
(2) If the governing board or the
hearing officer or administrative panel appointed under subdivision
(d) to conduct the hearing admits any other person to a closed
deliberation session, the parent or guardian of the pupil, the pupil,
and the counsel of the pupil also shall be allowed to attend the
closed deliberations.
If
(3) If the hearing is to be
conducted at a public meeting, and there is a charge of committing or
attempting to commit a sexual assault as defined in subdivision (n)
of Section 48900 or committing a sexual battery as defined in
subdivision (n) of Section 48900, a complaining witness shall have
the right to have his or her testimony heard in a session closed to
the public when testifying at a public meeting would threaten serious
psychological harm to the complaining witness and there are no
alternative procedures to avoid the threatened harm, including, but
not limited to, videotaped deposition or contemporaneous examination
in another place communicated to the hearing room by means of
closed-circuit television.
(d) Instead of conducting an expulsion hearing itself, the
governing board may contract with the county hearing officer, or with
the Office of Administrative Hearings of the State of California
pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of
Division 2 of Title 3 of the Government Code and Section 35207, for a
hearing officer to conduct the hearing. The governing board may also
appoint an impartial administrative panel of three or more
certificated persons, none of whom is a member of the board or
employed on the staff of the school in which the pupil is enrolled.
The hearing shall be conducted in accordance with all of the
procedures established under this section.
(e) Within three schooldays after the hearing, the hearing officer
or administrative panel shall determine whether to recommend the
expulsion of the pupil to the governing board. If the hearing officer
or administrative panel decides not to recommend expulsion, the
expulsion proceedings shall be terminated and the pupil immediately
shall be reinstated and permitted to return to a
the classroom instructional program , any other
instructional program, a rehabilitation program, or any combination
of these programs. Placement in one or more of these programs shall
be made by the superintendent of schools or the superintendent's
designee after consultation with school district personnel, including
the pupil's teachers, and the pupil's parent or guardian
from which the expulsion referral was made . The decision
not to recommend expulsion shall be final.
(f) (1) If the hearing officer or
administrative panel recommends expulsion, findings of fact in
support of the recommendation shall be prepared and submitted to the
governing board. All findings of fact and recommendations shall be
based solely on the evidence adduced at the hearing. If the governing
board accepts the recommendation calling for expulsion, acceptance
shall be based either upon a review of the findings of fact and
recommendations submitted by the hearing officer or panel or upon the
results of any supplementary hearing conducted pursuant to this
section that the governing board may order.
The
(2) The decision of the governing
board to expel a pupil shall be based upon substantial evidence
relevant to the charges adduced at the expulsion hearing or hearings.
Except as provided in this section, no evidence to expel shall be
based solely upon hearsay evidence. The governing board or the
hearing officer or administrative panel may, upon a finding that good
cause exists, determine that the disclosure of either the identity
of a witness or the testimony of that witness at the hearing, or
both, would subject the witness to an unreasonable risk of
psychological or physical harm. Upon this determination, the
testimony of the witness may be presented at the hearing in the form
of sworn declarations which that shall
be examined only by the governing board or the hearing officer or
administrative panel. Copies of these sworn declarations, edited to
delete the name and identity of the witness, shall be made available
to the pupil.
(g) A record of the hearing shall be made. The record may be
maintained by any means, including electronic recording, so long as a
reasonably accurate and complete written transcription of the
proceedings can be made.
(h) (1) Technical rules of evidence shall
not apply to the hearing, but relevant evidence may be admitted and
given probative effect only if it is the kind of evidence upon which
reasonable persons are accustomed to rely in the conduct of serious
affairs. A decision of the governing board to expel shall be
supported by substantial evidence showing that the pupil committed
any of the acts enumerated in Section 48900.
In
(2) In hearings which
that include an allegation of committing or
attempting to commit a sexual assault as defined in subdivision (n)
of Section 48900 or committing a sexual battery as defined in
subdivision (n) of Section 48900, evidence of specific instances, of
a complaining witness' prior sexual conduct is to be presumed
inadmissible and shall not be heard absent a determination by the
person conducting the hearing that extraordinary circumstances exist
requiring the evidence be heard. Before the person conducting the
hearing makes the determination on whether extraordinary
circumstances exist requiring that specific instances of a
complaining witness' prior sexual conduct be heard, the complaining
witness shall be provided notice and an opportunity to present
opposition to the introduction of the evidence. In the hearing on the
admissibility of the evidence, the complaining witness shall be
entitled to be represented by a parent, guardian, legal counsel, or
other support person. Reputation or opinion evidence regarding the
sexual behavior of the complaining witness is not admissible for any
purpose.
(i) (1) Before the hearing has commenced, the governing board may
issue subpoenas at the request of either the superintendent of
schools or the superintendent's designee or the pupil, for the
personal appearance of percipient witnesses at the hearing. After the
hearing has commenced, the governing board or the hearing officer or
administrative panel may, upon request of either the county
superintendent of schools or the superintendent's designee or the
pupil, issue subpoenas. All subpoenas shall be issued in accordance
with Sections 1985, 1985.1, and 1985.2 of the Code of Civil
Procedure. Enforcement of subpoenas shall be done in accordance with
Section 11455.20 of the Government Code.
(2) Any objection raised by the superintendent of schools or the
superintendent's designee or the pupil to the issuance of subpoenas
may be considered by the governing board in closed session, or in
open session, if so requested by the pupil before the meeting. Any
decision by the governing board in response to an objection to the
issuance of subpoenas shall be final and binding.
(3) If the governing board, hearing officer, or administrative
panel determines, in accordance with subdivision (f), that a
percipient witness would be subject to an unreasonable risk of harm
by testifying at the hearing, a subpoena shall not be issued to
compel the personal attendance of that witness at the hearing.
However, that witness may be compelled to testify by means of a sworn
declaration as provided for in subdivision (f).
(4) Service of process shall be extended to all parts of the state
and shall be served in accordance with Section 1987 of the Code of
Civil Procedure. All witnesses appearing pursuant to subpoena, other
than the parties or officers or employees of the state or any
political subdivision thereof, shall receive fees, and all witnesses
appearing pursuant to subpoena, except the parties, shall receive
mileage in the same amount and under the same circumstances as
prescribed for witnesses in civil actions in a superior court. Fees
and mileage shall be paid by the party at whose request the witness
is subpoenaed.
(j) Whether an expulsion hearing is conducted by the governing
board or before a hearing officer or administrative panel, final
action to expel a pupil shall be taken only by the governing board in
a public session. Written notice of any decision to expel or to
suspend the enforcement of an expulsion order during a period of
probation shall be sent by the superintendent of schools or his or
her designee to the pupil or the pupil's parent or guardian and shall
be accompanied by all of the following:
(1) Notice of the right to appeal the expulsion to the county
board of education.
(2) Notice of the education alternative placement to be provided
to the pupil during the time of expulsion.
(3) Notice of the obligation of the parent, guardian, or pupil
under subdivision (b) of Section 48915.1, upon the pupil's enrollment
in a new school district, to inform that district of the pupil's
expulsion.
(k) (1) The governing board shall maintain a
record of each expulsion, including the cause therefor
for the expulsion . Records of expulsions shall
be a nonprivileged, disclosable public record.
The
(2) The expulsion order and the
causes therefor for the expulsion shall
be recorded in the pupil's mandatory interim record and shall be
forwarded to any school in which the pupil subsequently enrolls upon
receipt of a request from the admitting school for the pupil's school
records.
SEC. 9. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.