BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1088|
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THIRD READING
Bill No: SB 1088
Author: Price (D), et al.
Amended: 4/24/12
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 3/28/12
AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price,
Simitian, Vargas
NO VOTE RECORDED: Runner, Blakeslee, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Readmission to school
SOURCE : Public Counsel Law Center
Youth Law Center
DIGEST : This bill prohibits schools from denying
enrollment to a student solely on the basis that he/she has
had contact with the juvenile justice system. This bill
also requires school districts to conduct an automatic
second review for the readmission of students who have been
expelled and denied readmission, at the request of a
parent.
ANALYSIS : Existing law requires each school district and
county office of education to accept for credit full or
partial coursework satisfactorily completed by a pupil
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while attending a public school, juvenile court school, or
nonpublic, nonsectarian school or agency. If a pupil
completes the graduation requirements of his/her school
district of residence while being detained in a juvenile
facility, as specified, the school district of residence is
required to issue to the pupil a diploma from the school
the pupil last attended before detention or, in the
alternative, the county superintendent of schools is
authorized to issue the diploma.
Existing law requires the governing board of a school
district, when it issues an order for expulsion, to set a
date when the expelled pupil is required to be reviewed for
readmission to a school maintained by the district or to
the school the pupil last attended, not later than the last
day of the semester following the semester in which the
expulsion occurred.
This bill prohibits schools from denying enrollment to a
student solely on the basis that he/she has had contact
with the juvenile justice system. This bill also requires
school districts to conduct an automatic second review for
the readmission of students who have been expelled and
denied readmission, at the request of a parent.
Specifically, this bill:
Readmission after expulsion
1. Requires school district governing boards to set a date,
before the last day of the semester after which a pupil
was denied readmission after expulsion, to reevaluate
the pupil for readmission to a regular school district
program or to the school from which the pupil was
expelled.
2. Requires the reevaluation to be conducted in the same
manner as the initial readmission procedure.
3. Requires the governing board to include in the existing
notice giving reasons for denying readmission the date
on which the pupil will be reevaluated for readmission.
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Readmission after incarceration
Prohibits a pupil from being denied enrollment or
readmission to a public school solely on the basis that
he/she has had contact with the juvenile justice system,
including but not limited to:
1. Arrest.
2. Adjudication by a juvenile court.
3. Formal or informal supervision by a probation officer.
4. Detention for any length of time in a juvenile facility
or enrollment in a juvenile court school.
Background
Existing law prohibits a pupil from being suspended or
recommended for expulsion unless the principal of the
school determines that the pupil has committed certain
acts, and gives schools the discretion to take action for
most offenses.
Existing law:
Discretion to expel
A school principal may recommend to the school district's
governing board that a pupil be expelled for violating any
number of acts, some of which include:
1. Attempting to cause or threatening to cause physical
injury to another person.
2. Being under the influence of a controlled substance.
3. Caused or attempted to cause damage to school property.
4. Possessed or used tobacco.
5. Committed an obscene act or engaged in habitual
profanity or vulgarity.
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6. Possessed, offered, arranged or negotiated to sell drug
paraphernalia.
7. Engaged in, or attempted to engage in, hazing.
8. Engaged in an act of bullying.
The governing board of a school district, upon
recommendation by the principal, may order a pupil expelled
upon finding that the pupil committed any of the following
acts:
1. Causing serious physical injury to another person,
except in self-defense.
2. Possession of any knife or other dangerous object.
3. Unlawful possession of a controlled substance, except
for the first offense for possession of not more than
one ounce of marijuana.
4. Robbery or extortion.
5. Assault or battery upon a school employee.
6. Caused, attempted to cause, or threatened to cause
physical injury to another person.
7. Possessed, sold or furnished a firearm, knife, explosive
or other dangerous object.
8. Unlawfully possessed, used, sold or furnished or been
under the influence of a controlled substance.
9. Unlawfully offered, arranged, or negotiated to sell a
controlled substance, an alcoholic beverage or an
intoxicant of any kind.
10.Committed or attempted to commit robbery or extortion.
The decision to expel for any of the acts above must be
based on a finding of one or both of the following:
1. Other means of correction are not feasible or have
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repeatedly failed to bring about proper conduct.
2. Due to the nature of the act, the presence of the pupil
causes a continuing danger to the physical safety of the
pupil or others.
The governing board of a school district, upon
recommendation by the principal, may order a pupil expelled
for various offenses, including damaging school property,
committing an obscene act, possession of drug
paraphernalia, disruption and defiance, upon finding either
of the following:
1. Other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
2. Due to the nature of the violation, the presence of the
pupil causes a continuing danger to the physical safety
of the pupil or others.
Mandatory expulsion
The federal Gun-Free School Act, as a condition of funding
pursuant to the Elementary and Secondary Education Act,
requires states to require the expulsion for one year of a
pupil who brings a firearm to school.
State law requires school principals to immediately
suspend, and recommend expulsion of, a pupil who has
committed any of the following acts:
1. Possessing, selling, or furnishing a firearm.
2. Brandishing a knife at another person.
3. Unlawfully selling a controlled substance.
4. Committing or attempting to commit a sexual assault.
5. Possession of an explosive.
School principals are required to recommend that a pupil be
expelled for any of the following acts, unless the
principal finds that expulsion is inappropriate:
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1. Causing serious physical injury to another person,
except in self-defense.
2. Possession of any knife or other dangerous object.
3. Unlawful possession of a controlled substance, except
for the first offense for possession of not more than
one ounce of marijuana.
4. Robbery or extortion.
5. Assault or battery upon a school employee.
The governing board of a school district is required to
order a pupil expelled upon finding that the pupil
committed an act listed above, and must refer that pupil to
a program of study that meets specified conditions.
Order to expel
Governing boards of school districts are required to
conduct a hearing to consider the expulsion of a pupil in a
closed session, and may meet in closed session to
deliberate and determine whether the pupil should be
expelled. The decision of the governing board must be
based upon substantial evidence relevant to the charges.
Final action to expel a pupil must be taken in a public
session.
Appeal to the county board of education
A pupil who has been expelled, or the pupil's parent, may,
within 30 days of the decision of the governing board to
expel the pupil, file an appeal to the county board of
education. The county board is required to hold a hearing
to issue a decision.
Suspend order to expel
A school district governing board, upon voting to expel a
pupil, may suspend the enforcement of the expulsion order
for up to one calendar year and may, as a condition of the
suspension of the enforcement, assign the pupil to a
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school, class or program that is deemed appropriate for the
rehabilitation of the pupil. Upon satisfactory completion
of the rehabilitation assignment, the governing board must
reinstate the pupil in a school within the district and may
also order the expungement of any or all records of the
expulsion proceedings.
Alternative education
The governing board of the school district, at the time
expulsion is ordered, must ensure that an educational
program is provided to the pupil. The district or county
program (community day schools or community schools) is the
only program required to be provided to expelled pupils.
Each school district governing board may determine to
provide additional programmatic options.
Pupils expelled from school for serious offenses such as
possessing a firearm, brandishing a knife, causing serious
physical injury, selling a controlled substance or
committing a sexual assault are prohibited from enrolling
in any school other than a community school, community day
school, or juvenile court school.
1. Community day school
The governing board of a school district is authorized
to establish one or more community day schools to serve
pupils who have been expelled for any reason, or
referred by probation or a school attendance review
board.
2. County community school
A county board of education is authorized to maintain
one or more community schools to serve pupils who have
been expelled (except for the most serious offenses),
referred by an attendance review board or probation, or
are homeless.
3. Juvenile court schools
Juvenile court schools are public schools or classes
operated by the county superintendent of schools in
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juvenile halls, homes, day centers, ranches, camps, and
youth correctional facilities.
Credit for coursework
Each school district and county office of education must
accept for credit full or partial coursework satisfactorily
completed by a pupil while attending a public school,
juvenile court school, or non-public school or agency.
This section applies to all pupils, whether or not they
have been expelled or incarcerated.
Rehabilitation plan
The governing board is required to recommend a plan of
rehabilitation for the pupil at the time of the expulsion
order, which may include periodic review as well as
assessment at the time of review for readmission. The plan
may also include recommendations for improved academic
performance, tutoring, special education assessments, job
training, counseling, employment, community service, or
other programs.
Readmission after expulsion
Governing boards are required to set a date, not later than
the last day of the semester following the semester in
which the expulsion occurred, when the pupil shall be
reviewed for readmission to a school within the district or
the school the pupil last attended.
Governing boards are required to set a date of one year
from the date the expulsion occurred for a pupil who has
been expelled for:
Possessing, selling, or furnishing a firearm.
Brandishing a knife at another person.
Unlawfully selling a controlled substance.
Committing or attempting to commit a sexual assault.
Possession of an explosive.
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Each school district is required to adopt rules and
regulations establishing a procedure for the filing and
processing of requests for readmission and the process for
the required review of all expelled pupils for readmission.
The governing board of a school district may permit, after
the term of expulsion, the enrollment of a pupil expelled
from another district for one of the most serious offenses
if the board determines the pupil no longer poses a threat.
The governing board of a school district that receives a
request for enrollment from a pupil who has been expelled
from another school district for acts other than the most
serious offenses must hold a hearing to determine whether
the individual poses a continuing danger to pupils or
employees. If the board finds the pupil does pose a
danger, the pupil must be permitted to enroll if the pupil
has established residence in the district or enrolled
pursuant to an interdistrict agreement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Readmission after expulsion: Increased annual mandate
costs of $500,000 - $1.4 million for existing
suspension/expulsion reimbursable mandate.
Readmission after incarceration: Unknown costs /
off-setting savings, depending on the choices of
affected students and their families.
SUPPORT : (Verified 5/24/12)
Youth Law Center (co-source)
Public Counsel Law Center (co-source)
ACLU of California
Advancement Project
Arthur Consulting
Books Not Bars
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California Catholic Conference, Inc.
California County Superintendents Educational Services
Association
California Public Defenders Association
California Rural Legal Assistance Foundation
California School Board Association
California State Parent Teacher Association
California Teachers Association
Californians for Justice Education Fund
Center on Juvenile and Criminal Justice
Children's Defense Fund
Coleman Advocates For Children and Youth
Community Asset Development Re-defining Education
Disability Rights Legal Center
East Bay Children's Law Offices
Friends Committee on Legislation of California
Gay Straight Alliance Network
Girls and Gangs
Legal Services for Children (San Francisco)
Legal Services for Prisoners with Children
Los Angeles County District Attorney's Office
Los Angeles County Office of Education
Mentoring Center (Oakland)
Mexican American Legal Defense and Educational Fund
National Association for the Advancement of Colored People
National Association of Social Workers- California Chapter
National Center for Youth Law
New America Foundation
Office of Restorative Justice of the Archdiocese of Los
Angeles
PICO California
Prison Law Office
The Alliance for Children's Rights
The Lawyers Committee for Civil Rights of the San Francisco
Bay Area
The W. Haywood Burns Institute
ARGUMENTS IN SUPPORT : According to the author, "Across
California, juvenile justice youth often face imposing
barriers to school enrollment. Without any assessment or
educational justification, many of these youth, once
released, are subject to be denied enrollment at their
neighborhood school of attendance and too often are forced
to attend alternative schools. According to the Department
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of Education, 24% of youth leaving juvenile detention do
not enroll in their local school district within 30
calendar days. Youth who have had contact with the
juvenile justice system are often referred to dropout
recovery schools, county and community day schools,
independent study and continuation high schools which
graduate a lower percentage of students than traditional
public schools. Some students are unable to find an
appropriate school because they are denied enrollment at
multiple schoolsites; frustrated and alienated, they are
more likely to drop out. African American and Latino
students have suffered disproportionally from this
practice."
PQ:kc 5/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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