BILL NUMBER: SB 744 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2013
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Sections 1981, 1983, 48660.1, 48662, and 48918 of,
to add Sections 1981.5 and 48662.5 to, and to repeal Section 1981.2
of, the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 744, as amended, Lara. Pupils: involuntary transfer: county
community schools and community day schools.
(1) Existing law authorizes a county board of education to
establish and maintain one or more community schools into which the
county board of education may enroll specified pupils, including, but
not limited to, pupils who are expelled for specified reasons,
referred as the result of the recommendation by a school attendance
review board, probation referred, or homeless children.
This bill would revise the list of pupils who may be
involuntarily enrolled in a county community school to limit
the kind of probation referrals and remove pupils who are referred as
the result of the recommendation by a school attendance review board
and homeless children. The bill would allow enrollment of
certain other pupils in a county community school with the consent of
the pupil's parent or guardian. The bill would authorize
a pupil to challenge a certain
probation referral referrals to a
county community school to the be challenged
in juvenile court and request enrollment in another
school .
(2) Existing law requires a county community school to prescribe
an individually planned educational program based on an educational
assessment for each pupil. Existing law requires the course of study
of a county community school to be adopted by the county board of
education to enable each pupil to continue academic work leading to
the completion of a regular high school program.
This bill would require an individually planned educational
program to include, but not be limited to, specified services.
The bill would require a county community school to also
provide supplemental instruction to pupils who do not demonstrate
sufficient progress toward passing the high school exit examination.
(3) Existing law authorizes the governing board of a school
district to establish one or more community day schools for pupils in
any of kindergarten and grades 1 to 12, inclusive. Existing law
authorizes the governing board of a school district to assign a pupil
to a community day school only if the pupil meets specified
conditions, including, but not limited to, being referred by a school
attendance review board or other district-level referral process and
being probation referred pursuant to specified law.
This bill would revise that the list
of conditions pupils who may be
involuntarily enrolled in a community day school to limit the
kind of probation referrals and remove a referral by a school
attendance review board or other district level referral process.
The bill would allow enrollment of certain other pupils in a
community day school with the consent of the pupil's parent or
guardian. The bill would authorize a pupil to
challenge a certain probation referral
referrals to a community day school to
the be challenged in juvenile court and
request enrollment in another school .
(4) Existing law states the intent of the Legislature that
community day schools include specified program components,
including, but not limited to, individualized instruction and
assessment.
This bill would provide that require
individualized instruction and assessment includes
to include specified services and would
add an additional program component relating to courses of study
that enable each pupil to continue academic work leading to the
completion of a regular high school program .
(5) This bill would provide a pupil who is involuntarily
enrolled in a county community school or a community day school
the right to reenroll in his or her former school or another
comprehensive school no later than 6 months after initial
placement in the school, or immediately after completion of
the expulsion period, whichever comes later, as long as the
reenrollment is not inconsistent with any applicable conditions of
the pupil's probation or parole, as appropriate,
period or court-ordered placement, and would require the pupil to be
informed of that date, thereby imposing a state-mandated local
program. The bill would prohibit the pupil from being denied this
reenrollment based on his or her failure to comply with any
additional criteria imposed by a county board of education or school
district beyond the terms of the initial or subsequent
expulsion order. The bill would prohibit the county board of
education and the school district from adding additional academic or
behavioral criteria or conditions that would extend the duration of
the placement of a pupil in a county community school or a community
day school beyond the terms of the initial or subsequent
expulsion order.
(6) Existing law requires the governing board of each school
district to establish rules and regulations governing procedures for
the expulsion of pupils. Existing law requires expulsion proceedings
to be terminated and the pupil to be immediately reinstated and
permitted to return to a classroom instructional program, any other
instructional program, a rehabilitation program, or any combination
of these programs if a hearing officer or administrative panel
decides not to recommend expulsion.
This bill would require that the pupil be permitted to return only
to the classroom instructional program from which the expulsion
referral was made. The bill would allow a parent or guardian to
request another school option in writing.
(7) 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: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1981 of the Education Code is amended to read:
1981. The county board of education may enroll in a community
school pupils who are any of the following:
(a) Expelled from a school district for any reason specified in
Section 48915.
(b) Recommended to attend by a school attendance review board with
the written consent of the parent or guardian. No pupil shall be
required to attend a county community school based on the
recommendation of the school attendance review board. That attendance
is voluntary and parental consent may be revoked at any time.
(b) Pupils whose
(c) Pupils whose school districts
of attendance have, at the request of the pupil's parent or
guardian, approved the pupil's enrollment in a county community
school. school, subject to the following:
(1) A pupil shall not be enrolled in a
county community school pursuant to this subdivision unless the
school district has made a finding that such a placement will promote
the educati onal interests of the pupil and provided
written notice of the finding to the pupil's parent or guardian,
including notice that consent to that placement is
voluntary and may be revoked at any time.
(2) A parent or guardian of a pupil
enrolled in a county community school pursuant to this subdivision
may revoke that request and consent to the placement at any time,
and, notwithstanding subdivision (a) of Section 1981.5, the pupil
shall be immediately reenrolled in the school that the pupil attended
at the time of the referral, or in another comprehensive school.
(c)
(d) (1) Probation referred On
probation, with or without the supervision of a probation officer and
consistent with an order of a juvenile court, who are considered to
be wards of the court under Sections 601 and 602 of the Welfare and
Institutions Code and ordered placed pursuant to Sections
602 725, 729.2, and 654
791 of , and paragraph (2) of subdivision
(a) of Section 727 of, the Welfare and Institutions Code.
(2) On probation or parole and not in attendance in any school.
(3) Referrals to a community school pursuant to this subdivision
shall be consistent with Section 48645.5. A pupil may challenge the
referral to the juvenile court and request enrollment in another
school.
(2) Under the supervision of a probation officer, with the consent
of the minor and the minor's parent or guardian, pursuant to Section
654 of the Welfare and Institutions Code.
(3) Under the supervision of a probation officer pursuant to
Section 726 and paragraph (3) of subdivision (a) of Section 727 of
the Welfare and Institutions Code with the consent of the pupil's
parent, guardian, or responsible adult appointed by the juvenile
court to make educational decisions for the pupil. The enrollment of
a minor covered by this paragraph in a county community school shall
be consistent with paragraph (2) of subdivision (c) of Section 726 of
the Welfare and Institutions Code, which provides that all
educational and school placement decisions shall seek to ensure that
the youth is in the least restrictive educational program, has access
to the academic resources, services, and extracurricular and
enrichment activities that are available to all pupils, and are based
on the best interests of the minor.
(4) Unless specifically ordered by a juvenile court, nothing in
this subdivision shall be construed to conflict with the existing
rights of a parent or guardian or responsible adult appointed by the
juvenile court pursuant to Section 726 of the Welfare and
Institutions Code to make educational placement decisions for the
minor.
(5) Enrollment in a county community school pursuant to this
subdivision shall be consistent with Section 48645.5.
(6) A parent, guardian, or responsible adult may challenge in
juvenile court any placement pursuant to paragraphs (1) to (3),
inclusive, that conflicts with the parent's, guardian's, or
responsible adult's right to make a decision to enroll or not to
enroll the pupil in a community school.
SEC. 2. Section 1981.2 of the Education Code is repealed.
SEC. 3. Section 1981.5 is added to the Education Code, to read:
1981.5. (a) A pupil who is involuntarily enrolled in a
county community school pursuant to subdivision (a)
of, or paragraph (1) of subdivision (d) of, Section 1981 shall
have the right to reenroll in his or her former school or another
comprehensive school no later than six months after initial
placement in the community school, or immediately after
completion of the expulsion period, whichever comes later,
as long as the reenrollment is not inconsistent with any applicable
conditions of the pupil's probation or parole period
or court -ordered placement . Upon enrollment
in the county community school, the pupil shall be informed of the
date when he or she may reenroll in his or her former school or
another comprehensive school and the school district shall implement
a process to transfer the pupil from the county community school,
which may include, but is not limited to, ensuring proper transfer of
credits, records, and grades.
(b) A pupil shall not be denied reenrollment in his or her former
school or another comprehensive school based on the pupil's failure
to comply with any additional criteria imposed by a county board of
education beyond the terms of an the initial
order or any subsequent order to expel issued
pursuant to Section 48916.
(c) The county board of education shall not add additional
academic or behavioral criteria or conditions that would extend the
duration of the placement of a pupil in a county community
school beyond the terms of an the initial
order or any subsequent order to expel issued
pursuant to Section 48916.
SEC. 4. Section 1983 of the Education Code is amended to read:
1983. (a) Pupils enrolled in county community schools shall be
assigned to classes or programs deemed most appropriate for
reinforcing or reestablishing educational development.
(b) These classes or programs may include, but need not be limited
to, basic educational skill development, on-the-job training,
school credit recovery assistance, tutorial assistance, and
individual guidance activities.
(c) To the extent that independent study is determined to satisfy
the individually planned education program described in subdivision
(d) for a pupil attending a county community school, it shall meet
all the requirements of Section 51745 and following, including the
requirement that the program be voluntary.
(c)
(d) An individually planned educational program based
upon an educational assessment shall be prescribed for each
pupil. This program shall include, but not be limited to, all of the
following:
(1) Efforts to continue a pupil's relationships with school
personnel, including counselors from a pupil's former school.
(2) Any medical or mental health needs.
(3) Access to
appropriate services and programs specified in a pupil's
individualized education program. pupil. If the
educational assessment or rehabilitation plan shows that the pupil
needs any of the following, the pupils shall be enrolled in or have
access to these programs: counseling, mental health counseling, or
other support services, college preparatory and A-G classes, access
to services necessary to transition a pupil back to his or her prior
school or to another comprehensive school, peer mediation or
peace-building, supplemental services to assist with
passage of the high school exit examination, or extracurricular or
other enrichment activities.
(4) Efforts to address the language access needs of pupils
identified as English learners.
(d)
(e) The course of study of a county community school
shall be adopted by the county board of education and shall enable
each pupil to continue academic work leading to the completion of a
regular high school program , including access to college
preparatory classes. Supplemental instruction shall also be provided
to pupils who do not demonstrate sufficient progress toward passing
the high school exit examination required pursuant to Section 60851
.
(f) A county board of education operating a county community
school shall ensure that assessments in all areas of suspected
disability and appropriate services and programs specified in a pupil'
s individualized education program are provided in compliance with
all applicable state and federal laws and regulatory provisions.
(g) A county board of education operating a county community
school shall ensure that appropriate services and programs designed
to address the language needs of pupils identified as English
learners are provided in compliance with all applicable state and
federal laws and regulatory provisions.
SEC. 5. Section 48660.1 of the Education Code is amended to read:
48660.1. (a) It is the intent of the
Legislature that school districts operating community day schools, to
the extent possible, include the following program components:
(a)
(1) School district cooperation with the county office
of education, law enforcement, probation, and human services agencies
personnel who work with at-risk youth.
(b)
(2) Low pupil-teacher ratio.
(c)
(3) Individualized instruction and assessment,
which includes all of the following:
assessment.
(1) Any medical or mental health needs.
(2) Appropriate services and programs specified in a pupil's
individualized education program.
(3) Instruction to address the language access needs of pupils
identified as English learners.
(d)
(4) Maximum collaboration with school district support
service resources, including, but not limited to, school counselors
and psychologists, academic counselors, and pupil discipline
personnel.
(e)
(5) A course of study that enables each pupil to
continue academic work leading to the completion of a regular high
school program, including access to college preparatory
classes. Supplemental instruction should also be provided to pupils
who do not demonstrate sufficient progress toward passing the high
school exit examination required pursuant to Section 60851.
program.
(b) If the educational assessment or rehabilitation plan shows
that the pupil needs any of the following, the pupil shall be
enrolled in or have access to these programs: counseling, mental
health counseling, or other support services, college preparatory and
A-G classes, access to services necessary to transition a pupil back
to his or her prior school or to another comprehensive school, peer
mediation or peacebuilding, supplemental services to assist with
passage of the high school exit examination, or extracurricular or
other enrichment activities.
(c) A school district operating a community day school shall
ensure that assessments in all areas of suspected disability and
appropriate services and programs specified in a pupil's
individualized education program are provided in compliance with all
applicable state and federal laws and regulatory provisions.
(d) A school district operating a community day school shall
ensure that appropriate services and programs designed to address the
language needs of pupils identified as English learners are provided
in compliance with all applicable state and federal laws and
regulatory provisions.
SEC. 6. Section 48662 of the Education Code is amended to read:
48662. (a) The governing board of a school district that
establishes a community day school shall adopt policies that provide
procedures for the involuntary transfer of pupils to a community day
school.
(b)
48662. (a) A pupil may be assigned
involuntarily transferred to a community day
school by a school district only if he or she meets one or
more of the following conditions:
(1) The pupil is expelled for any reason.
(2) The pupil is on probation referred
pursuant to Section 602 of the Welfare and Institutions Code. This
referral shall be consistent with Section 48645.5. A pupil may
challenge the referral to the juvenile court and request enrollment
in another school with or without the supervision of a
probation officer and consistent with an order of a juvenile court,
and is considered to be a ward of the court under Sections 601 and
602 of the Welfare and Institutions Code and is ordered placed
pursuant to Sections 725, 729.2, and 791 of, and paragraph (2) of
subdivision (a) of Section 727 of, the Welfare and Institutions Code
.
(b) A pupil may be voluntarily transferred to a community day
school only if he or she meets one of the following conditions:
(1) Recommended to attend by a school attendance review board with
the written consent of the parent or guardian. No pupil shall be
required to attend a community school based on the recommendation of
the school attendance review board. That attendance is voluntary and
parental consent may be revoked at any time.
(2) Under the supervision of a probation officer, with the consent
of the minor and the minor's parent or guardian, pursuant to Section
654 of the Welfare and Institutions Code.
(3) Under the supervision of a probation officer pursuant to
Section 726 of, and paragraph (3) of subdivision (a) of Section 727
of, the Welfare and Institutions Code with the consent of the pupil's
parent, guardian, or responsible adult appointed by the juvenile
court to make educational decisions for the pupil. The enrollment of
a minor covered by this paragraph in a community day school shall be
consistent with paragraph (2) of subdivision (c) of Section 726 of
the Welfare and Institutions Code, which provides that all
educational and school placement decisions shall seek to ensure that
the youth is in the least restrictive educational program, has access
to the academic resources, services, and extracurricular and
enrichment activities that are available to all pupils, and that the
decisions are based on the best interests of the minor.
(4) The parent or guardian of the pupil has approved or requested
the pupil's placement in a community day school.
(A) A pupil shall not be enrolled in a community day school
pursuant to this subdivision unless the school district has made a
finding that the placement will promote the educational interests of
the pupil and provided written notice of those findings to the pupil'
s parent or guardian, including notice that consent to such a
placement is voluntary and may be revoked at any time.
(B) A parent or guardian of a pupil enrolled in a community day
school pursuant to this subdivision may revoke that request and
consent to the placement at any time, and, notwithstanding
subdivision (a) of Section 48662.5, the pupil shall be immediately
reenrolled in the school the pupil attended at the time of the
referral, or in another comprehensive school.
(3)
(c) First priority for assignment to a community day
school shall be given to a pupil expelled pursuant to subdivision (d)
of Section 48915, second priority shall be given to pupils expelled
for any other reasons, and third priority shall be given for
placement to all other pupils pursuant to this section, unless there
is an agreement that the county superintendent of schools shall serve
any of these pupils.
(d) Unless specifically ordered by a juvenile court, nothing in
this section shall be construed to conflict with the existing rights
of a parent or guardian or responsible adult appointed by the
juvenile court pursuant to Section 726 of the Welfare and
Institutions Code to make educational placement decisions for the
minor.
(e) Enrollment in a community day school pursuant to this section
shall be consistent with Section 48645.5.
(f) A parent, guardian, or responsible adult may challenge in
juvenile court any placement pursuant to paragraph (2) of subdivision
(a) or paragraph (2) or (3) of subdivision (b) that conflicts with
the parent's, guardian's, or responsible adult's right to make a
decision to enroll or not to enroll the pupil in a community day
school.
SEC. 7. Section 48662.5 is added to the Education Code, to read:
48662.5. (a) A pupil who is involuntarily enrolled in a
community day school shall have the right to reenroll in his or her
former school or another comprehensive school no later than
six months after initial placement in the community day school, or
immediately after completion of the expulsion
period, whichever comes later, as long as the reenrollment is not
inconsistent with any applicable conditions of the pupil's probation
period or the court-ordered placement .
Upon that involuntary enrollment in the community day school, the
pupil shall be informed of the date when he or she may reenroll in
his or her former school or another comprehensive school and the
school district shall implement a process to transfer the pupil from
the community day school, which may include, but is not limited to,
ensuring proper transfer of credits, records, and grades.
(b) A pupil shall not be denied reenrollment in his or her former
school or another comprehensive school based on the pupil's failure
to comply with any additional criteria imposed by a school district
beyond the terms of an initial or subsequent order to
expel issued pursuant to Section 48916.
(c) The school district shall not add additional academic or
behavioral criteria or conditions that would extend the duration of
the placement of a pupil in a community day school beyond the terms
of an initial or subsequent order to expel issued pursuant
to Section 48916.
(d) Any school created for the purpose of enrolling pupils that
may be assigned to a community day school pursuant to Section 48662
shall follow the same procedures for the involuntary transfer of
pupils to a community day school set forth in this article.
SEC. 8. Section 48918 of the Education Code is amended to read:
48918. The governing board of each school district shall
establish rules and regulations governing procedures for the
expulsion of pupils. These procedures shall include, but are not
necessarily limited to, all of the following:
(a) (1) The pupil shall be entitled to a hearing to determine
whether the pupil should be expelled. An expulsion hearing shall be
held within 30 schooldays after the date the principal or the
superintendent of schools determines that the pupil has committed any
of the acts enumerated in Section 48900, unless the pupil requests,
in writing, that the hearing be postponed. The adopted rules and
regulations shall specify that the pupil is entitled to at least one
postponement of an expulsion hearing, for a period of not more than
30 calendar days. Any additional postponement may be granted at the
discretion of the governing board.
(2) Within 10 schooldays after the conclusion of the hearing, the
governing board shall decide whether to expel the pupil, unless the
pupil requests in writing that the decision be postponed. If the
hearing is held by a hearing officer or an administrative panel, or
if the governing board does not meet on a weekly basis, the governing
board shall decide whether to expel the pupil within 40 schooldays
after the date of the pupil's removal from his or her school of
attendance for the incident for which the recommendation for
expulsion is made by the principal or the superintendent, unless the
pupil requests in writing that the decision be postponed.
(3) If compliance by the governing board with the time
requirements for the conducting of an expulsion hearing under this
subdivision is impracticable during the regular school year, the
superintendent of schools or the superintendent's designee may, for
good cause, extend the time period for the holding of the expulsion
hearing for an additional five schooldays. If compliance by the
governing board with the time requirements for the conducting of an
expulsion hearing under this subdivision is impractical due to a
summer recess of governing board meetings of more than two weeks, the
days during the recess period shall not be counted as schooldays in
meeting the time requirements. The days not counted as schooldays in
meeting the time requirements for an expulsion hearing because of a
summer recess of governing board meetings shall not exceed 20
schooldays, as defined in subdivision (c) of Section 48925, and
unless the pupil requests in writing that the expulsion hearing be
postponed, the hearing shall be held not later than 20 calendar days
before the first day of school for the school year. Reasons for the
extension of the time for the hearing shall be included as a part of
the record at the time the expulsion hearing is conducted. Upon the
commencement of the hearing, all matters shall be pursued and
conducted with reasonable diligence and shall be concluded without
any unnecessary delay.
(b) Written notice of the hearing shall be forwarded to the pupil
at least 10 calendar days before the date of the hearing. The notice
shall include all of the following:
(1) The date and place of the hearing.
(2) A statement of the specific facts and charges upon which the
proposed expulsion is based.
(3) A copy of the disciplinary rules of the school district that
relate to the alleged violation.
(4) A notice of the parent, guardian, or pupil's obligation
pursuant to subdivision (b) of Section 48915.1.
(5) Notice of the opportunity for the pupil or the pupil's parent
or guardian to appear in person or to be represented by legal counsel
or by a nonattorney adviser, to inspect and obtain copies of all
documents to be used at the hearing, to confront and question all
witnesses who testify at the hearing, to question all other evidence
presented, and to present oral and documentary evidence on the pupil'
s behalf, including witnesses. In a hearing in which a pupil is
alleged to have committed or attempted to commit a sexual assault as
specified in subdivision (n) of Section 48900 or committing a sexual
battery as defined in subdivision (n) of Section 48900, a complaining
witness shall be given five days' notice before being called to
testify, and shall be entitled to have up to two adult support
persons, including, but not limited to, a parent, guardian, or legal
counsel, present during their testimony. Before a complaining witness
testifies, support persons shall be admonished that the hearing is
confidential. This subdivision shall not preclude the person
presiding over an expulsion hearing from removing a support person
whom the presiding person finds is disrupting the hearing. If one or
both of the support persons is also a witness, the provisions of
Section 868.5 of the Penal Code shall be followed for the hearing.
This section does not require a pupil or the pupil's parent or
guardian to be represented by legal counsel or by a nonattorney
adviser at the hearing.
(A) For purposes of this section, "legal counsel" means an
attorney or lawyer who is admitted to the practice of law in
California and is an active member of the State Bar of California.
(B) For purposes of this section, "nonattorney advisor" means an
individual who is not an attorney or lawyer, but who is familiar with
the facts of the case, and has been selected by the pupil or pupil's
parent or guardian to provide assistance at the hearing.
(c) (1) Notwithstanding Section 35145, the governing board shall
conduct a hearing to consider the expulsion of a pupil in a session
closed to the public, unless the pupil requests, in writing, at least
five days before the date of the hearing, that the hearing be
conducted at a public meeting. Regardless of whether the expulsion
hearing is conducted in a closed or public session, the governing
board may meet in closed session for the purpose of deliberating and
determining whether the pupil should be expelled.
(2) If the governing board or the hearing officer or
administrative panel appointed under subdivision (d) to conduct the
hearing admits any other person to a closed deliberation session, the
parent or guardian of the pupil, the pupil, and the counsel of the
pupil also shall be allowed to attend the closed deliberations.
(3) If the hearing is to be conducted at a public meeting, and
there is a charge of committing or attempting to commit a sexual
assault as defined in subdivision (n) of Section 48900 or committing
a sexual battery as defined in subdivision (n) of Section 48900, a
complaining witness shall have the right to have his or her testimony
heard in a session closed to the public when testifying at a public
meeting would threaten serious psychological harm to the complaining
witness and there are no alternative procedures to avoid
the threatened harm, including, but not
limited to, videotaped deposition or contemporaneous examination in
another place communicated to the hearing room by means of
closed-circuit television.
(d) Instead of conducting an expulsion hearing itself, the
governing board may contract with the county hearing officer, or with
the Office of Administrative Hearings of the State of
California pursuant to Chapter 14 (commencing with Section
27720) of Part 3 of Division 2 of Title 3 of the Government Code and
Section 35207, for a hearing officer to conduct the hearing. The
governing board may also appoint an impartial administrative panel of
three or more certificated persons, none of whom is a member of the
board or employed on the staff of the school in which the pupil is
enrolled. The hearing shall be conducted in accordance with all of
the procedures established under this section.
(e) Within three schooldays after the hearing, the hearing officer
or administrative panel shall determine whether to recommend the
expulsion of the pupil to the governing board. If the hearing officer
or administrative panel decides not to recommend expulsion, the
expulsion proceedings shall be terminated and the pupil immediately
shall be reinstated and permitted to return to the classroom
instructional program from which the expulsion referral was made
, unless the parent or guardian of the pupil requests another school
option in writing . The decision not to recommend expulsion
shall be final.
(f) (1) If the hearing officer or administrative panel recommends
expulsion, findings of fact in support of the recommendation shall be
prepared and submitted to the governing board. All findings of fact
and recommendations shall be based solely on the evidence adduced at
the hearing. If the governing board accepts the recommendation
calling for expulsion, acceptance shall be based either upon a review
of the findings of fact and recommendations submitted by the hearing
officer or panel or upon the results of any supplementary hearing
conducted pursuant to this section that the governing board may
order.
(2) The decision of the governing board to expel a pupil shall be
based upon substantial evidence relevant to the charges adduced at
the expulsion hearing or hearings. Except as provided in this
section, no evidence to expel shall be based solely upon hearsay
evidence. The governing board or the hearing officer or
administrative panel may, upon a finding that good cause exists,
determine that the disclosure of either the identity of a witness or
the testimony of that witness at the hearing, or both, would subject
the witness to an unreasonable risk of psychological or physical
harm. Upon this determination, the testimony of the witness may be
presented at the hearing in the form of sworn declarations that shall
be examined only by the governing board or the hearing officer or
administrative panel. Copies of these sworn declarations, edited to
delete the name and identity of the witness, shall be made available
to the pupil.
(g) A record of the hearing shall be made. The record may be
maintained by any means, including electronic recording, so long as a
reasonably accurate and complete written transcription of the
proceedings can be made.
(h) (1) Technical rules of evidence shall not apply to the
hearing, but relevant evidence may be admitted and given probative
effect only if it is the kind of evidence upon which reasonable
persons are accustomed to rely in the conduct of serious affairs. A
decision of the governing board to expel shall be supported by
substantial evidence showing that the pupil committed any of the acts
enumerated in Section 48900.
(2) In hearings that include an allegation of committing or
attempting to commit a sexual assault as defined in subdivision (n)
of Section 48900 or committing a sexual battery as defined in
subdivision (n) of Section 48900, evidence of specific instances, of
a complaining witness' prior sexual conduct is to be presumed
inadmissible and shall not be heard absent a determination by the
person conducting the hearing that extraordinary circumstances exist
requiring the evidence be heard. Before the person conducting the
hearing makes the determination on whether extraordinary
circumstances exist requiring that specific instances of a
complaining witness' prior sexual conduct be heard, the complaining
witness shall be provided notice and an opportunity to present
opposition to the introduction of the evidence. In the hearing on the
admissibility of the evidence, the complaining witness shall be
entitled to be represented by a parent, guardian, legal counsel, or
other support person. Reputation or opinion evidence regarding the
sexual behavior of the complaining witness is not admissible for any
purpose.
(i) (1) Before the hearing has commenced, the governing board may
issue subpoenas at the request of either the superintendent of
schools or the superintendent's designee or the pupil, for the
personal appearance of percipient witnesses at the hearing. After the
hearing has commenced, the governing board or the hearing officer or
administrative panel may, upon request of either the county
superintendent of schools or the superintendent's designee or the
pupil, issue subpoenas. All subpoenas shall be issued in accordance
with Sections 1985, 1985.1, and 1985.2 of the Code of Civil
Procedure. Enforcement of subpoenas shall be done in accordance with
Section 11455.20 of the Government Code.
(2) Any objection raised by the superintendent of schools or the
superintendent's designee or the pupil to the issuance of subpoenas
may be considered by the governing board in closed session, or in
open session, if so requested by the pupil before the meeting. Any
decision by the governing board in response to an objection to the
issuance of subpoenas shall be final and binding.
(3) If the governing board, hearing officer, or administrative
panel determines, in accordance with subdivision (f), that a
percipient witness would be subject to an unreasonable risk of harm
by testifying at the hearing, a subpoena shall not be issued to
compel the personal attendance of that witness at the hearing.
However, that witness may be compelled to testify by means of a sworn
declaration as provided for in subdivision (f).
(4) Service of process shall be extended to all parts of the state
and shall be served in accordance with Section 1987 of the Code of
Civil Procedure. All witnesses appearing pursuant to subpoena, other
than the parties or officers or employees of the state or any
political subdivision thereof, shall receive fees, and all witnesses
appearing pursuant to subpoena, except the parties, shall receive
mileage in the same amount and under the same circumstances as
prescribed for witnesses in civil actions in a superior court. Fees
and mileage shall be paid by the party at whose request the witness
is subpoenaed.
(j) Whether an expulsion hearing is conducted by the governing
board or before a hearing officer or administrative panel, final
action to expel a pupil shall be taken only by the governing board in
a public session. Written notice of any decision to expel or to
suspend the enforcement of an expulsion order during a period of
probation shall be sent by the superintendent of schools or his or
her designee to the pupil or the pupil's parent or guardian and shall
be accompanied by all of the following:
(1) Notice of the right to appeal the expulsion to the county
board of education.
(2) Notice of the education alternative placement to be provided
to the pupil during the time of expulsion.
(3) Notice of the obligation of the parent, guardian, or pupil
under subdivision (b) of Section 48915.1, upon the pupil's enrollment
in a new school district, to inform that district of the pupil's
expulsion.
(k) (1) The governing board shall maintain a record of each
expulsion, including the cause for the expulsion. Records of
expulsions shall be a nonprivileged, disclosable public record.
(2) The expulsion order and the causes for the expulsion shall be
recorded in the pupil's mandatory interim record and shall be
forwarded to any school in which the pupil subsequently enrolls upon
receipt of a request from the admitting school for the pupil's school
records.
SEC. 9. 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.