BILL NUMBER: AB 110	CHAPTERED  07/18/05

	CHAPTER  69
	FILED WITH SECRETARY OF STATE  JULY 18, 2005
	APPROVED BY GOVERNOR  JULY 18, 2005
	PASSED THE SENATE  JULY 1, 2005
	PASSED THE ASSEMBLY  MAY 16, 2005
	AMENDED IN ASSEMBLY  APRIL 12, 2005
	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member Ruskin

                        JANUARY 12, 2005

   An act to amend Section 48916.1 of, and to repeal Sections 42103.3
and 56137 of, the Education Code, and to repeal Section 628.4 of the
Penal Code, relating to public education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 110, Ruskin  Public education: reporting requirements.
   Existing law requires the Superintendent of Public Instruction and
the Commission on Teacher Credentialing to compile certain reports
relating to various matters involving pupils.
   This bill would provide the intent of the Legislature with regard
to these reports. The bill would delete certain reporting
requirements contained in existing law, and would modify procedures
that apply to data collection relating to pupil expulsions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature to accomplish all
of the following:
    (a) Promote good data management practices with respect to
education data.
    (b) Support the efforts of the State Department of Education to
minimize data redundancy, maximize data value, and reduce the
reporting burden on local educational agencies by:
    (1) Referring to the department's Data Resource Guide prior to
collecting data in order to determine if the data sought is already
collected.
    (2) Utilizing the preferred variation for data elements
referenced in the department's common data architecture.
    (3) Allowing data collection to occur within windows specified by
the Superintendent of Public Instruction.
    (c) Providing sufficient lead time for local educational agencies
and the department to collect new data elements within existing
collection procedures.
  SEC. 2.  Section 42103.3 of the Education Code is repealed.
  SEC. 3.  Section 48916.1 of the Education Code is amended to read:

   48916.1.  (a) At the time an expulsion of a pupil is ordered, the
governing board of the school district shall ensure that an
educational program is provided to the pupil who is subject to the
expulsion order for the period of the expulsion. Except for pupils
expelled pursuant to subdivision (d) of Section 48915, the governing
board of a school district is required to implement the provisions of
this section only to the extent funds are appropriated for this
purpose in the annual Budget Act or other legislation, or both.
   (b) Notwithstanding any other provision of law, any educational
program provided pursuant to subdivision (a) may be operated by the
school district, the county superintendent of schools, or a
consortium of districts or in joint agreement with the county
superintendent of schools.
   (c) Any educational program provided pursuant to subdivision (b)
may not be situated within or on the grounds of the school from which
the pupil was expelled.
   (d) If the pupil who is subject to the expulsion order was
expelled from any of kindergarten or grades 1 to 6, inclusive, the
educational program provided pursuant to subdivision (b) may not be
combined or merged with educational programs offered to pupils in any
of grades 7 to 12, inclusive. The district or county program is the
only program required to be provided to expelled pupils as determined
by the governing board of the school district. This subdivision, as
it relates to the separation of pupils by grade levels, does not
apply to community day schools offering instruction in any of
kindergarten and grades 1 to 8, inclusive, and established in
accordance with Section 48660.
   (e) (1) Each school district shall maintain the following data:
   (A) The number of pupils recommended for expulsion.
   (B) The grounds for each recommended expulsion.
   (C) Whether the pupil was subsequently expelled.
   (D) Whether the expulsion order was suspended.
   (E) The type of referral made after the expulsion.
   (F) The disposition of the pupil after the end of the period of
expulsion.
   (2) The Superintendent may require a school district to report
this data as part of the coordinated compliance review. If a school
district does not report outcome data as required by this
subdivision, the Superintendent may not apportion any further money
to the school district pursuant to Section 48664 until the school
district is in compliance with this subdivision. Before withholding
the apportionment of funds to a school district pursuant to this
subdivision, the Superintendent shall give written notice to the
governing board of the school district that the school district has
failed to report the data required by paragraph (1) and that the
school district has 30 calendar days from the date of the written
notice of noncompliance to report the requested data and thereby
avoid the withholding of the apportionment of funds.
   (f) If the county superintendent of schools is unable for any
reason to serve the expelled pupils of a school district within the
county, the governing board of that school district may enter into an
agreement with a county superintendent of schools in another county
to provide education services for the district's expelled pupils.
  SEC. 4.  Section 56137 of the Education Code is repealed.
  SEC. 5.  Section 628.4 of the Penal Code is repealed.