BILL NUMBER: AB 2145 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Alejo and Dickinson
(Coauthor: Assembly Member Perea)
FEBRUARY 23, 2012
An act to amend Sections 33126, 48273, 48900.8, 48911, and 48916.1
of the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2145, as introduced, Alejo. Pupils: expulsion and suspension.
(1) The Classroom Instructional Improvement and Accountability
Act, an initiative measure, requires the governing board of each
school maintaining an elementary or secondary school to develop and
cause to be implemented for each school in the district a school
accountability report card that includes assessments of various
school conditions, including the suspension and expulsion rates for
the most recent 3-year period. The act prohibits any change to its
provisions, except a change to further its purposes enacted by a bill
passed by a 2/3 vote of the Legislature and signed by the Governor.
This bill would require the expulsion and suspension data to be
disaggregated by race, ethnicity, special education status, English
learner status, socioeconomic status, and gender. The bill would
state findings and declarations of the Legislature that the changes
made to the act by these provisions further the purposes of the act.
(2) Existing law authorizes the establishment of county and local
school attendance review boards that may promote the use of
alternatives to the juvenile court system if available public and
private services are insufficient or inappropriate to correct school
attendance or school behavior problems. Existing law provides that
any minor pupil who is a habitual truant, is irregular in attendance
at school, or is habitually insubordinate or disorderly during
attendance at school may be referred to a school attendance review
board. Existing law requires the governing board of a school district
to adopt rules and regulations to require the appropriate officers
and employees of the district to gather and transmit to the county
superintendent of schools the number and types of referrals to school
attendance review boards and of requests for petitions to the
juvenile court.
This bill would require the number and types of referrals made to
a school attendance review board to be disaggregated by race,
ethnicity, special education status, English learner status,
socioeconomic status, and gender.
(3) Existing law requires that a school district identify each
suspension or expulsion of a pupil by offense committed for the
reporting of expulsion and suspension offenses to the State
Department of Education.
This bill would require a school district to maintain that
information, disaggregate the information by race, ethnicity, special
education status, English learner status, socioeconomic status, and
gender, and submit the information to the Superintendent of Public
Instruction on a yearly basis and would require the State Department
of Education to make this data available on its Internet Web site.
(4) Existing law limits the number of schooldays for which a pupil
may be suspended from school to 5. Existing law requires a school
employee to report the suspension of a pupil and the cause for the
suspension to the governing board of the school district or to the
school district superintendent, in accordance with regulations of the
governing board. Existing law allows the superintendent of the
school district or other person designated by the superintendent to
extend the period of suspension if the governing board of the school
district is considering expelling the pupil or the suspension is for
the balance of the semester from continuation school.
This bill would require the suspension report to be disaggregated
by race, ethnicity, special education status, English learner status,
socioeconomic status, and gender and would require the report for
suspensions that are extended and not followed by expulsion to
include the total number of days served under the extended suspension
and the location of school placement where the pupil served the
extended suspension.
(5) Existing law requires a school district to maintain specified
data regarding pupils who are recommended for expulsion.
This bill would require the data to be disaggregated by race,
ethnicity, special education status, English learner status,
socioeconomic status, and gender and would require the inclusion of
data regarding pupils whose suspension was extended before the
expulsion. The bill also would require the data to specify whether
the pupil reenrolled in a regular public school or an alternative
education placement after the period of expulsion.
By requiring school districts to maintain additional data and
disaggregate data as specified, the bill would impose a
state-mandated local program.
(6) 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: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33126 of the Education Code is amended to read:
33126. (a) The school accountability report card shall provide
data by which a parent can make meaningful comparisons between public
schools that will enable him or her to make informed decisions on
the school in which to enroll his or her children.
(b) The school accountability report card shall include, but is
not limited to, assessment of the following school conditions:
(1) (A) Pupil achievement by grade level, as measured by the
standardized testing and reporting programs pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33.
(B) After the state develops a statewide assessment system
pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6
(commencing with Section 60800) of Part 33, pupil achievement by
grade level, as measured by the results of the statewide assessment.
(2) Progress toward reducing dropout rates, including the one-year
dropout rate listed in the California Basic Educational Data System
or a successor data system for the schoolsite over the most recent
three-year period, and the graduation rate, as defined by the state
board, over the most recent three-year period when available pursuant
to Section 52052.
(3) Estimated expenditures per pupil and types of services funded.
The assessment of estimated expenditures per pupil shall reflect the
actual salaries of personnel assigned to the schoolsite. The
assessment of estimated expenditures per pupil shall be reported in
total, shall be reported in subtotal by restricted and by
unrestricted source, and shall include a reporting of the average of
actual salaries paid to certificated instructional personnel at that
schoolsite.
(4) Progress toward reducing class sizes and teaching loads,
including the distribution of class sizes at the schoolsite by grade
level and the average class size, using the California Basic
Educational Data System or a successor data system information for
the most recent three-year period.
(5) The total number of the school's fully credentialed teachers,
the number of teachers relying upon emergency credentials, the number
of teachers working without credentials, any assignment of teachers
outside their subject areas of competence, misassignments, including
misassignments of teachers of English learners, and the number of
vacant teacher positions for the most recent three-year period.
(A) For purposes of this paragraph, "vacant teacher position"
means a position to which a single-designated certificated employee
has not been assigned at the beginning of the year for an entire year
or, if the position is for a one-semester course, a position of
which a single-designated certificated employee has not been assigned
at the beginning of a semester for an entire semester.
(B) For purposes of this paragraph, "misassignment" means the
placement of a certificated employee in a teaching or services
position for which the employee does not hold a legally recognized
certificate or credential or the placement of a certificated employee
in a teaching or services position that the employee is not
otherwise authorized by statute to hold.
(6) (A) Quality and currency of textbooks and other instructional
materials, including whether textbooks and other materials meet state
standards and are adopted by the state board for kindergarten and
grades 1 to 8, inclusive, and adopted by the governing boards of
school districts for grades 9 to 12, inclusive, and the ratio of
textbooks per pupil and the year the textbooks were adopted.
(B) The availability of sufficient textbooks and other
instructional materials, as determined pursuant to Section 60119, for
each pupil, including English learners, in each of the areas
enumerated in clauses (i) to (iv), inclusive. If the governing board
determines, pursuant to Section 60119 that there are insufficient
textbooks or instructional materials, or both, it shall include
information for each school in which an insufficiency exists,
identifying the percentage of pupils who lack sufficient
standards-aligned textbooks or instructional materials in each
subject area. The subject areas to be included are all of the
following:
(i) The core curriculum areas of reading/language arts,
mathematics, science, and history/social science.
(ii) Foreign language and health.
(iii) Science laboratory equipment for grades 9 to 12, inclusive,
as appropriate.
(iv) Visual and performing arts.
(7) The availability of qualified personnel to provide counseling
and other pupil support services, including the ratio of academic
counselors per pupil.
(8) Safety, cleanliness, and adequacy of school facilities,
including any needed maintenance to ensure good repair as specified
in Section 17014, Section 17032.5, subdivision (a) of Section
17070.75, and subdivision (b) of Section 17089.
(9) The annual number of schooldays dedicated to staff development
for the most recent three-year period.
(10) Suspension and expulsion rates for the most recent three-year
period. This information shall be disaggregated by race,
ethnicity, special education status, English learner status,
socioeconomic status, and gender.
(11) For secondary schools, the percentage of graduates who have
passed course requirements for entrance to the University of
California and the California State University, including the course
requirements for high school graduation pursuant to Section 51225.3,
and the percentage of pupils enrolled in those courses, as reported
by the California Basic Educational Data System or any successor data
system.
(12) The number of advanced placement courses offered, by subject.
(13) The Academic Performance Index, including the disaggregation
of subgroups as set forth in Section 52052 and the decile rankings
and a comparison of schools.
(14) When available, the percentage of pupils, including the
disaggregation of subgroups, as set forth in Section 52052,
completing grade 12 who successfully complete the high school exit
examination, as set forth in Sections 60850 and 60851, as compared to
the percentage of pupils in the district and statewide completing
grade 12 who successfully complete the examination.
(15) Contact information pertaining to organized opportunities for
parental involvement.
(16) Career technical education data measures, including all of
the following:
(A) A list of programs offered by the school district in which
pupils at the school may participate and that are aligned to the
model curriculum standards adopted pursuant to Section 51226, and
program sequences offered by the school district. The list should
identify courses conducted by a regional occupational center or
program, and those conducted directly by the school district.
(B) A listing of the primary representative of the career
technical advisory committee of the school district and the
industries represented.
(C) The number of pupils participating in career technical
education.
(D) The percentage of pupils that complete a career technical
education program and earn a high school diploma.
(E) The percentage of career technical education courses that are
sequenced or articulated between a school and institutions of
postsecondary education.
(c) If the Commission on State Mandates finds a school district is
eligible for a reimbursement of costs incurred complying with this
section, the school district shall be reimbursed only if the
information provided in the school accountability report card is
accurate, as determined by the annual audit performed pursuant to
Section 41020. If the information is determined to be inaccurate, the
school district remains eligible for reimbursement if the
information is corrected by May 15.
(d) It is the intent of the Legislature that schools make a
concerted effort to notify parents of the purpose of the school
accountability report cards, as described in this section, and ensure
that all parents receive a copy of the report card; to ensure that
the report cards are easy to read and understandable by parents; to
ensure that local educational agencies with access to the Internet
make available current copies of the report cards through the
Internet; and to ensure that administrators and teachers are
available to answer any questions regarding the report cards.
SEC. 2. Section 48273 of the Education Code is amended to read:
48273. The governing board of each school district shall adopt
rules and regulations to require the appropriate officers and
employees of the district to gather and transmit to the county
superintendent of schools the number and types of referrals to school
attendance review boards and of requests for petitions to the
juvenile court pursuant to Section 48263. The referrals shall be
disaggregated by race, ethnicity, special education status, English
learner status, socioeconomic status, and gender. The county
superintendent of schools shall submit this data to the department
annually. The department shall make this data available on its
Internet Web site.
SEC. 3. Section 48900.8 of the Education Code is amended to read:
48900.8. (a) For purposes of notification
to parents, and for the reporting of expulsion or suspension offenses
to the department, each school district shall specifically identify,
by offense committed, in all appropriate official records of a pupil
each suspension or expulsion of that pupil for the commission of any
of the offenses set forth in Section 48900, 48900.2, 48900.3,
48900.4, 48900.7, or 48915.
(b) The school district shall maintain the information required
pursuant to subdivision (a), disaggregate that information by race,
ethnicity, special education status, English learner status,
socioeconomic status, and gender, and submit the information to the
Superintendent on a yearly basis in the manner prescribed by the
Superintendent. The department shall make this data available on its
Internet Web site.
SEC. 4. Section 48911 of the Education Code is amended to read:
48911. (a) The principal of the school, the principal's designee,
or the superintendent of schools may suspend a pupil from the school
for any of the reasons enumerated in Section 48900, and pursuant to
Section 48900.5, for no more than five consecutive schooldays.
(b) Suspension by the principal, the principal's designee, or the
superintendent of schools shall be preceded by an informal conference
conducted by the principal or the principal's designee or the
superintendent of schools between the pupil and, whenever
practicable, the teacher, supervisor, or school employee who referred
the pupil to the principal, the principal's designee, or the
superintendent of schools. At the conference, the pupil shall be
informed of the reason for the disciplinary action and the evidence
against him or her and shall be given the opportunity to present his
or her version and evidence in his or her defense.
(c) A principal, the principal's designee, or the superintendent
of schools may suspend a pupil without affording the pupil an
opportunity for a conference only if the principal, the principal's
designee, or the superintendent of schools determines that an
emergency situation exists. "Emergency situation," as used in this
article, means a situation determined by the principal, the principal'
s designee, or the superintendent of schools to constitute a clear
and present danger to the life, safety, or health of pupils or school
personnel. If a pupil is suspended without a conference
prior to before suspension, both the parent and
the pupil shall be notified of the pupil's right to a conference and
the pupil's right to return to school for the purpose of a
conference. The conference shall be held within two schooldays,
unless the pupil waives this right or is physically unable to attend
for any reason, including, but not limited to, incarceration or
hospitalization. The conference shall then be held as soon as the
pupil is physically able to return to school for the conference.
(d) At the time of suspension, a school employee shall make a
reasonable effort to contact the pupil's parent or guardian in person
or by telephone. Whenever a pupil is suspended from school, the
parent or guardian shall be notified in writing of the suspension.
(e) (1) A school employee shall report the
suspension of the pupil, including the cause therefor, to the
governing board of the school district or to the school district
superintendent in accordance with the regulations of the governing
board. For suspensions extended pursuant to subdivision (g) that
are not followed by expulsion, the report shall include the total
number of days served under that extended suspension and the location
of school placement where the pupil served the extended suspension.
(2) The information reported pursuant to paragraph (1) shall be
disaggregated by race, ethnicity, special education status, English
learner status, socioeconomic status, and gender. The county
superintendent of schools shall submit this data to the department
annually. The department shall make this data available on its
Internet Web site.
(f) (1) The parent or guardian of any pupil
shall respond without delay to any request from school officials to
attend a conference regarding his or her child's behavior.
No
(2) No penalties may be imposed
on a pupil for failure of the pupil's parent or guardian to attend a
conference with school officials. Reinstatement of the suspended
pupil shall not be contingent upon attendance by the pupil's parent
or guardian at the conference.
(g) In a case where If expulsion from
any school or suspension for the balance of the semester from
continuation school is being processed by the governing board, the
school district superintendent or other person designated by the
superintendent in writing may extend the suspension until the
governing board has rendered a decision in the action. However, an
extension may be granted only if the school district superintendent
or the superintendent's designee has determined, following a meeting
in which the pupil and the pupil's parent or guardian are invited to
participate, that the presence of the pupil at the school or in an
alternative school placement would cause a danger to persons or
property or a threat of disrupting the instructional process. If the
pupil or the pupil's parent or guardian has requested a meeting to
challenge the original suspension pursuant to Section 48914, the
purpose of the meeting shall be to decide upon the extension of the
suspension order under this section and may be held in conjunction
with the initial meeting on the merits of the suspension.
(h) (1) For the purposes of this section, a
"principal's designee" is any one or more administrators at the
schoolsite specifically designated by the principal, in writing, to
assist with disciplinary procedures.
In the event that
(2) If there is not an
administrator in addition to the principal at the schoolsite, a
certificated person at the schoolsite may be specifically designated
by the principal, in writing, as a "principal's designee," to assist
with disciplinary procedures. The principal may designate only one
person at a time as the principal's primary designee for the school
year.
An
(3) An additional person meeting
the requirements of this subdivision may be designated ,
in writing, by the principal , in writing,
to act for the purposes of this article when both the
principal and the principal's primary designee are absent from the
schoolsite. The name of the person, and the names of any person or
persons designated as "principal's designee," shall be on file in the
principal's office.
This section is not an exception to, nor does it place any
limitation on, Section 48903.
SEC. 5. 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 school 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 suspension preceding the expulsion was extended
pursuant to subdivision (g) of Section 48911.
(E) If the suspension was extended pursuant to subdivision (g) of
Section 48911.
(F) The location of school placement where the pupil served the
extended suspension if the suspension was extended pursuant to
subdivision (g) of Section 48911.
(D)
(G) Whether the expulsion order was suspended.
(E)
(H) The type of referral made after the expulsion.
(F)
(I) The disposition of the pupil after the end of the
period of expulsion , including whether the pupil reenrolled in
a regular public school or an alternative educational placement
.
(2) The school district shall disaggregate the information
maintained pursuant to paragraph (1), by race, ethnicity, special
education status, English learner status, socioeconomic status, and
gender, and submit the information to the Superintendent on a yearly
basis in the manner prescribed by the Superintendent. The department
shall make this data available on its Internet Web site.
(2)
(3) The Superintendent also 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. 6. The Legislature finds and declares that the changes made
to Section 33126 of the Education Code by Section 1 of this act
further the purposes of the Classroom Instructional Improvement and
Accountability Act.
SEC. 7. 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.