BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1088| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 1088 Page 2 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. CONTINUED SB 1088 Page 3 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. CONTINUED SB 1088 Page 4 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 CONTINUED SB 1088 Page 5 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 CONTINUED SB 1088 Page 6 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 CONTINUED SB 1088 Page 7 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 CONTINUED SB 1088 Page 8 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. CONTINUED SB 1088 Page 9 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 CONTINUED SB 1088 Page 10 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 **** END **** CONTINUED