BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1088|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1088
          Author:   Price (D), et al.
          Amended:  8/20/12
          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

           SENATE FLOOR  :  38-0, 5/29/12
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Cannella, 
            Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson, 
            Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff, 
            Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete 
            McLeod, Padilla, Pavley, Price, Rubio, Simitian, 
            Steinberg, Strickland, Vargas, Walters, Wolk, Wright, 
            Wyland, Yee
          NO VOTE RECORDED:  Calderon, Runner

           ASSEMBLY FLOOR  :  76-2, 8/22/12 - See last page for vote


           SUBJECT  :    Pupils:  readmission

           SOURCE :     Public Counsel Law Center 
                      Youth Law Center

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           DIGEST  :    This bill specifies that a pupil shall not be 
          denied enrollment or readmission to a public school solely 
          on the basis that he/she had been arrested, adjudicated by 
          a juvenile court, had been formally or informally 
          supervised by a probation officer, or was detained for any 
          length of time in a juvenile facility or was enrolled in a 
          juvenile court school.

           Assembly Amendments  delete the provisions that require the 
          governing board of the school district, if it denies the 
          readmission of an expelled pupil and the pupil or the 
          pupil's parent or guardian requests a reevaluation, to set 
          a date not later than the last day of the semester 
          following the semester in which the readmission was denied 
          to reevaluate the pupil for readmission to a regular school 
          district program or to the school the pupil last attended 
          before the expulsion, subject to specified requirements. 

           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 
          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.

          This bill prohibits a public school from denying enrollment 
          or readmission to a pupil solely on the basis that he/she 
          has had contact with the juvenile justice system, as 
          specified.

           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.  

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           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.

          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.


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          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 
             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 

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          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:

          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 

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          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 
          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  

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             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 
             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  
           

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          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.  

          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. 
           

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

          According to the Assembly Appropriations Committee, minor, 
          absorbable General Fund/Proposition 98 costs to school 
          districts.  

           SUPPORT  :   (Verified  5/24/12) (Unable to verify at time of 
          writing)

          Public Counsel Law Center (co-source)
          Youth Law Center (co-source)
          ACLU of California
          Advancement Project
          Alliance for Children's Rights
          Arthur Consulting
          Books Not Bars
          California Catholic Conference, Inc.

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          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
          Lawyers Committee for Civil Rights of the San Francisco Bay 
          Area
          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
          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 
          of Education, 24% of youth leaving juvenile detention do 
          not enroll in their local school district within 30 

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          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."


           ASSEMBLY FLOOR  :  76-2, 8/22/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Block, Blumenfield, Bonilla, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, 
            Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie 
            Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. 
            Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NOES:  Donnelly, Morrell
          NO VOTE RECORDED:  Bill Berryhill, Roger Hernández


          PQ:k  8/22/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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