Amended in Senate April 24, 2013

Amended in Senate April 10, 2013

Senate BillNo. 744


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 removebegin delete pupils who are referred as the result of the recommendation by a school attendance review board andend delete homeless children. begin insertThe bill would require the consent of the pupil’s parent or guardian for the enrollment of a pupil who is referred as the result of a recommendation by a school attendance review board. end insertThe 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 authorizebegin insert, with respect toend insert certain probation referrals to a county community schoolbegin delete to be challenged inend deletebegin insert, a parent, guardian, or responsible adult to request a hearing from theend insert juvenile court.

(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 includebegin delete, but not be limited to,end delete specified servicesbegin insert to be provided either at the school or through community organizationsend insert.

(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,begin insert being expelled,end insert being referred by a school attendance review board or other district-level referralbegin delete processend deletebegin insert process,end insert and being probation referred pursuant to specified law.

This bill would revise the list of pupils who may be involuntarilybegin delete enrolled inend deletebegin insert transferred toend insert a community day school to limit the kind of probation referralsbegin delete and remove a referral by a school attendance review board or other district level referral processend delete.begin insert The bill would impose certain conditions on the involuntary transfer of a pupil referred by the school attendance review board.end insert 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 authorizebegin insert, with respect toend insert certain probation referrals to a community day schoolbegin delete to be challenged inend deletebegin insert, a parent, guardian, or responsible adult to request a hearing from theend insert juvenile court.

(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 require individualized instruction and assessment to include specified servicesbegin insert, and would require notification of the probation officer in that regard relative to a pupil ordered placed in a community day school by court orderend insert.

(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 anotherbegin delete comprehensiveend deletebegin insert appropriateend insert school immediately afterbegin delete completion of the expulsion periodend deletebegin insert readmission from expulsionend insert 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 parentbegin delete orend deletebegin insert,end insert guardianbegin insert, or responsible adultend insert to request another schoolbegin delete optionend deletebegin insert placementend insert 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:

P3    1

SECTION 1.  

Section 1981 of the Education Code is amended
2to read:

3

1981.  

The county board of education may enroll in abegin insert county end insert
4 community school pupils who are any of the following:

P4    1(a) Expelled from a school district for any reasonbegin insert other than
2thoseend insert
specified inbegin insert subdivision (a) or (c) of end insert Section 48915.

3(b) Recommended to attend by a school attendance review board
4with the written consent of the parent or guardian. No pupil shall
5be required to attend a county community school based on the
6recommendation of the school attendance review board. That
7attendance is voluntary andbegin delete parentalend delete consent may bebegin delete revoked at
8any timeend delete
begin insert rescindedend insert.

begin delete

9 (c) Pupils whose school districts of attendance have, at the
10request of the pupil’s parent or guardian, approved the pupil’s
11enrollment in a county community school, subject to the following:

end delete
begin delete

12(1) A pupil shall not be enrolled in a county community school
13pursuant to this subdivision unless the school district has made a
14finding that such a placement will promote the educational interests
15of the pupil and provided written notice of the finding to the pupil’s
16parent or guardian, including notice that consent to that placement
17is voluntary and may be revoked at any time.

end delete
begin delete

18(2) A parent or guardian of a pupil enrolled in a county
19community school pursuant to this subdivision may revoke that
20request and consent to the placement at any time, and,
21notwithstanding subdivision (a) of Section 1981.5, the pupil shall
22be immediately reenrolled in the school that the pupil attended at
23the time of the referral, or in another comprehensive school.

end delete
begin delete

24(d)

end delete

25begin insert(c)end insert (1)  On probation, with or without the supervision of a
26probation officer and consistent with an order of a juvenile court,
27who are considered to be wards of the court under Sections 601
28and 602 of the Welfare and Institutions Code and ordered placed
29pursuant to Sections 725, 729.2, and 791 of, and paragraph (2) of
30subdivision (a) of Section 727 of, the Welfare and Institutions
31Code.

32(2) Under the supervision of a probation officer, with the consent
33of the minor and the minor’s parent or guardian, pursuant to Section
34654 of the Welfare and Institutions Code.

35(3) Under the supervision of a probation officer pursuant to
36Section 726 and paragraph (3) of subdivision (a) of Section 727
37of the Welfare and Institutions Code with the consent of the pupil’s
38parent, guardian, or responsible adult appointed by the juvenile
39court to make educational decisions for the pupil. The enrollment
40of a minor covered by this paragraph in a county community school
P5    1shall be consistent with paragraph (2) of subdivision (c) of Section
2726 of the Welfare and Institutions Code, which provides that all
3educational and school placement decisions shall seek to ensure
4that the youth is in the least restrictive educational program, has
5access to the academic resources, services, and extracurricular and
6enrichment activities that are available to all pupils, and are based
7on the best interests of the minor.

begin delete

8(4) Unless specifically ordered by a juvenile court, nothing in
9this subdivision shall be construed to conflict with the existing
10rights of a parent or guardian or responsible adult appointed by
11the juvenile court pursuant to Section 726 of the Welfare and
12Institutions Code to make educational placement decisions for the
13minor.

14(5) Enrollment in a county community school pursuant to this
15subdivision shall be consistent with Section 48645.5.

16(6) A parent, guardian, or responsible adult may challenge in
17juvenile court any placement pursuant to paragraphs (1) to (3),
18inclusive, that conflicts with the parent’s, guardian’s, or responsible
19adult’s right to make a decision to enroll or not to enroll the pupil
20in a community school.

end delete
begin insert

21(4) On probation or parole and not in attendance at any school,
22where enrollment is with the consent of the parent, guardian, or
23responsible adult, or the pupil, if he or she is 18 years of age or
24older. Nothing in paragraph (1) shall impact the provision of
25services or funding for youth up to 25 years of age pursuant to
26subdivision (b) of Section 1982.

end insert
begin insert

27(5) Expelled for any of the reasons specified in subdivision (a)
28or (c) of Section 48915.

end insert
begin insert

29(6) Unless specifically ordered by a juvenile court, nothing in
30this subdivision shall be construed to conflict with the existing
31rights of a parent, guardian, or responsible adult appointed by
32the juvenile court pursuant to Section 726 of the Welfare and
33Institutions Code to make educational placement decisions for the
34minor.

end insert
begin insert

35(7) A parent, guardian, or responsible adult of a pupil who is
36under the jurisdiction of the juvenile court may, consistent with
37paragraph (2) of subdivision (c) of Section 726 of the Welfare and
38Institutions Code and California Rule of Court 5.651, request a
39hearing with the juvenile court regarding any placement in a
40county community school that removes the pupil from the school
P6    1of origin and notify the juvenile court regarding any placement
2that conflicts with this section, with respect to the parent’s,
3guardian’s, or responsible adult’s right to make a decision to
4enroll or not enroll the pupil in a county community school.

end insert
begin insert

5(8) Enrollment in a county community school pursuant to this
6subdivision shall be consistent with Section 48645.5.

end insert
begin insert

7(d) Pupils whose school districts of attendance have, at the
8request of the pupil’s parent, guardian, or responsible adult,
9approved the pupil’s enrollment in a county community school,
10subject to the following:

end insert
begin insert

11(1) A pupil shall not be enrolled in a county community school
12pursuant to this subdivision unless the school district has made a
13finding that the placement will promote the educational interests
14of the pupil.

end insert
begin insert

15(2) A parent, guardian, or responsible adult of a pupil enrolled
16in a county community school pursuant to this subdivision may
17rescind the request to the placement, and the pupil shall be
18immediately reenrolled in the school that the pupil attended at the
19time of the referral, or, with the consent of the parent, guardian,
20or responsible adult, another appropriate school. The procedures
21outlined in subdivisions (b) to (e), inclusive, of Section 51225.2
22govern the transfer of credits, records, including special education
23records, and grades required pursuant to subdivision (a) of Section
2448645.5 and Section 49068 when the pupil transfers to and from
25the county community school.

end insert
26

SEC. 2.  

Section 1981.2 of the Education Code is repealed.

27

SEC. 3.  

Section 1981.5 is added to the Education Code, to
28read:

29

1981.5.  

(a) A pupil who is involuntarily enrolled in a county
30community school pursuant to subdivision (a) of, or paragraph (1)
31begin insert or (5)end insert of subdivisionbegin delete (d)end deletebegin insert (c)end insert of, Section 1981 shall have the right
32to reenroll in his or her former school or anotherbegin delete comprehensiveend delete
33begin insert appropriate end insert school immediately afterbegin delete completion ofend deletebegin insert readmission
34fromend insert
the expulsion begin deleteperiodend deletebegin insert order pursuant to Section 48916end insert or
35court-ordered placement. Upon enrollment in the county
36community school, the pupil shall be informed of the date when
37he or she may reenroll in his or her former school or another
38begin delete comprehensiveend deletebegin insert appropriateend insert schoolbegin delete and the school district shall
39implement a process to transfer the pupil from the county
40community school, which may include, but is not limited to,
P7    1ensuring proper transfer of credits, records, and gradesend delete
.begin insert The
2procedures outlined in subdivisions (b) to (e), inclusive, of Section
351225.2 govern the transfer of credits, records, including special
4education records, and grades required pursuant to subdivision
5(a) of Section 48645.5 and Section 49068 when the pupil transfers
6to and from the county community school.end insert

7(b) A pupil shall not be denied reenrollment in his or her former
8school or another comprehensive school based on the pupil’s failure
9to comply with any additional criteria imposed by a county board
10of education beyond the terms of the initial order or any subsequent
11order to expel issued pursuant to Section 48916.

12(c) The county board of education shall not add additional
13academic or behavioral criteria or conditions that would extend
14the duration of the placement of a pupil in a county community
15school beyond the terms of the initial order or any subsequent
16order to expel issued pursuant to Section 48916.

17

SEC. 4.  

Section 1983 of the Education Code is amended to
18read:

19

1983.  

(a) Pupils enrolled in county community schools shall
20be assigned to classes or programs deemed most appropriate for
21reinforcing or reestablishing educational development.

22(b) These classes or programs may include, but need not be
23limited to, basic educational skill development, on-the-job training,
24school credit recovery assistance, tutorial assistance, and individual
25guidance activities.

26(c) To the extent that independent study is determined to satisfy
27the individually planned education program described in
28subdivision (d) for a pupil attending a county community school,
29it shall meet all the requirements of Section 51745 and following,
30including the requirement thatbegin delete theend deletebegin insert entry into thatend insert programbegin delete beend deletebegin insert isend insert
31 voluntary.

32(d) An individually planned educational program based upon
33an educational assessment shall be prescribed for each pupil. If
34the educational assessment or rehabilitation plan shows that the
35pupil needs any of the following, thebegin delete pupilsend deletebegin insert pupilend insert shall be enrolled
36in or have access to these programsbegin insert either at the school or through
37community organizationsend insert
: counseling, mental health counseling,
38or other support services, college preparatory and A-G classes,
39access to services necessary to transition a pupil back to his or her
40prior school or to another comprehensive school,begin delete peerend delete mediation
P8    1begin delete or peace-buildingend delete,begin insert conflict resolution, alternative behavior
2interventions as described in subdivision (b) of Section 48900.5,end insert

3 supplemental services to assist with passage of the high school
4exit examination, or extracurricular or other enrichment activities.
5begin insert For pupils who are under an expulsion order, nothing in this
6section is intended to require participation in the school district’s
7extracurricular or other similar programs.end insert

8(e) The course of study of a county community school shall be
9adopted by the county board of education and shall enable each
10pupil to continue academic work leading to the completion of a
11regular high school program.

12(f) begin deleteA county board end deletebegin insertCounty boards end insertof education operatingbegin delete aend delete
13 county community begin deleteschoolend deletebegin insert schoolsend insert shall ensure that assessments
14in all areas of suspected disability and appropriate services and
15programs specified in a pupil’s individualized education program
16are provided in compliance with all applicable state and federal
17laws and regulatory provisions.

18(g) begin deleteA county board end deletebegin insertCounty boards end insertof education operatingbegin delete aend delete
19 county community begin deleteschoolend deletebegin insert schoolsend insert shall ensure that appropriate
20services and programs designed to address the language needs of
21pupils identified as English learners are provided in compliance
22with all applicable state and federal laws and regulatory provisions.

23

SEC. 5.  

Section 48660.1 of the Education Code is amended to
24read:

25

48660.1.  

(a) It is the intent of the Legislature that school
26districts operating community day schools, to the extent possible,
27include the following program components:

28(1) School district cooperation with the county office of
29education, law enforcement, probation, and human services
30agencies personnel who work with at-risk youth.

31(2) Low pupil-teacher ratio.

32(3) Individualized instruction and assessment.

33(4) Maximum collaboration with school district support service
34resources, including, but not limited to, school counselors and
35psychologists, academic counselors, and pupil discipline personnel.

36(5) A course of study that enables each pupil to continue
37academic work leading to the completion of a regular high school
38 program.

39(b) Ifbegin delete the educationalend deletebegin insert an individualizedend insert assessmentbegin delete or
40rehabilitation planend delete
shows that the pupilbegin delete needs any of the followingend delete
P9    1begin insert requires additional educational services, supports, such as mental
2health counseling, or classes, such as college preparatory classes,
3that are not available at the community day schoolend insert
, thebegin insert parent,
4guardian, or responsible adult of theend insert
pupil shall bebegin delete enrolled in or
5have access to these programs: counseling, mental health
6counseling, or other support services, college preparatory and A-G
7classes, access to services necessary to transition a pupil back to
8his or her prior school or to another comprehensive school, peer
9mediation or peacebuilding, supplemental services to assist with
10passage of the high school exit examination, or extracurricular or
11other enrichment activitiesend delete
begin insert notifiedend insert.begin insert If the pupil has been placed
12pursuant to a court order as described in paragraph (2) of
13subdivision (a) of Section 48662, the probation officer shall also
14be notified.end insert

begin insert

15(c) For an expelled pupil, if the plan of rehabilitation required
16pursuant to subdivisions (b) and (c) of Section 48916 requires
17access to a particular service or program for the pupil to meet its
18conditions, that service or program shall be made available to the
19pupil free of cost or the rehabilitation plan shall be amended to
20remove the condition and reflect that the service or program is
21not available to the pupil.

end insert
begin delete

22(c) A school district operating a

end delete

23begin insert(d)end insertbegin insertend insertbegin insertSchool districts operatingend insert community daybegin delete schoolend deletebegin insert schoolsend insert
24 shall ensure that assessments in all areas of suspected disability
25and appropriate services and programs specified in a pupil’s
26individualized education program are provided in compliance with
27all applicable state and federal laws and regulatory provisions.

begin delete

28(d)  A school district operating a

end delete

29begin insert(e)end insertbegin insertend insertbegin insertSchool districts operatingend insert community daybegin delete schoolend deletebegin insert schoolsend insert
30 shall ensure that appropriate services and programs designed to
31address the language needs of pupils identified as English learners
32are provided in compliance with all applicable state and federal
33laws and regulatory provisions.

34

SEC. 6.  

Section 48662 of the Education Code is amended to
35read:

36

48662.  

(a) A pupil may be involuntarily transferred to a
37community day school by a school district only if he or she meets
38one or more of the following conditions:

39(1) The pupil is expelled for any reason.

P10   1(2) The pupil is on probation with or without the supervision
2of a probation officer and consistent with an order of a juvenile
3court, and is considered to be a ward of the court under Sections
4601 and 602 of the Welfare and Institutions Code and is ordered
5placed pursuant to Sections 725, 729.2, and 791 of, and paragraph
6(2) of subdivision (a) of Section 727 of, the Welfare and Institutions
7Code.

begin insert

8(3) The pupil is referred by the school attendance review board
9with the approval of and a finding by the school district that the
10proposed placement will meet the educational needs of the pupil,
11including any needs related to the referral to the school attendance
12review board in the first instance, and that the proposed placement
13is accessible by the pupil without incurring any transportation
14costs above and beyond the costs to attend his or her school of
15residence. The term for an involuntary transfer under this
16paragraph shall be no longer than the end of the semester following
17the semester during which the acts leading to the referral occurred,
18regardless of whether the pupil is successful at the placement, at
19which time the parent, guardian, or responsible adult may choose
20whether to continue the pupil’s enrollment at the community day
21 school or to return the pupil to the prior school or another
22appropriate school. If the parent, guardian, or responsible adult
23has concerns at any time about the appropriateness of the proposed
24placement, he or she may raise those concerns with the school
25attendance review board and the school district, and those
26concerns shall be taken into consideration with regard to whether
27the placement shall continue.

end insert

28(b) A pupil may be voluntarily transferred to a community day
29school only if he or she meets one of the following conditions:

begin delete

30(1) Recommended to attend by a school attendance review board
31with the written consent of the parent or guardian. No pupil shall
32be required to attend a community school based on the
33recommendation of the school attendance review board. That
34attendance is voluntary and parental consent may be revoked at
35any time.

end delete
begin delete

36(2)

end delete

37begin insert(1)end insert Under the supervision of a probation officer, with the consent
38of the minor and the minor’s parent or guardian, pursuant to Section
39654 of the Welfare and Institutions Code.

begin delete

40(3)

end delete

P11   1begin insert(2)end insert Under the supervision of a probation officer pursuant to
2Section 726 of, and paragraph (3) of subdivision (a) of Section
3727 of, the Welfare and Institutions Code with the consent of the
4pupil’s parent, guardian, or responsible adult appointed by the
5juvenile court to make educational decisions for the pupil. The
6enrollment of a minor covered by this paragraph in a community
7day school shall be consistent with paragraph (2) of subdivision
8(c) of Section 726 of the Welfare and Institutions Codebegin insert and
9subdivision (h) of Section 48853end insert
, which begin deleteprovidesend deletebegin insert provideend insert that all
10educational and school placement decisions shall seek to ensure
11that thebegin delete youthend deletebegin insert minorend insert is in the least restrictive educational program,
12has access to the academic resources, services, and extracurricular
13and enrichment activities that are available to all pupils, and that
14the decisions are based on the best interests of the minor.

begin delete

15(4)

end delete

16begin insert(3)end insert The parent or guardian of the pupil has approved or requested
17the pupil’s placement in a community day school.begin insert A pupil who is
18recommended to attend a community day school by a school district
19shall not be enrolled in a community day school pursuant to this
20paragraph unless the school district has made a finding that the
21placement will promote the educational interests of the pupil. The
22 parent, guardian, or responsible adult of a pupil enrolled in a
23community day school pursuant to this paragraph may rescind the
24request to the placement, and the pupil shall be immediately
25reenrolled in the school the pupil attended at the time of the
26referral, or, with the consent of the parent, guardian, or responsible
27adult, in another appropriate school. end insert

begin delete

28(A) A pupil shall not be enrolled in a community day school
29pursuant to this subdivision unless the school district has made a
30finding that the placement will promote the educational interests
31of the pupil and provided written notice of those findings to the
32 pupil’s parent or guardian, including notice that consent to such a
33placement is voluntary and may be revoked at any time.

34(B) A parent or guardian of a pupil enrolled in a community
35day school pursuant to this subdivision may revoke that request
36and consent to the placement at any time, and, notwithstanding
37subdivision (a) of Section 48662.5, the pupil shall be immediately
38reenrolled in the school the pupil attended at the time of the
39referral, or in another comprehensive school.

end delete

P12   1(c) First priority for assignment to a community day school shall
2be given to a pupil expelled pursuant to subdivision (d) of Section
348915, second priority shall be given to pupils expelled for any
4other reasons, and third priority shall be given for placement to all
5other pupils pursuant to this section, unless there is an agreement
6that the county superintendent of schools shall serve any of these
7pupils.

8(d) Unless specifically ordered by a juvenile court, nothing in
9this section shall be construed to conflict with the existing rights
10of a parent or guardian or responsible adult appointed by the
11juvenile court pursuant to Section 726 of the Welfare and
12Institutions Code to make educational placement decisions for the
13minor.

14(e) Enrollment in a community day school pursuant to this
15section shall be consistent with Section 48645.5.

16(f) begin deleteA end deletebegin insertWith respect to a placement under paragraph (1) or (2)
17of subdivision (b), a end insert
parent, guardian, or responsible adultbegin delete may
18challenge inend delete
begin insert of a pupil who is under the jurisdiction of the end insert juvenile
19courtbegin insert may, consistent with paragraph (2) of subdivision (c) of
20Section 726 of the Welfare and Institutions Code and California
21Rule of Court 5.651, request a hearing with the juvenile court
22regardingend insert
any placementbegin delete pursuant to paragraph (2) of subdivision
23(a) or paragraph (2) or (3) of subdivision (b) that conflictsend delete
begin insert in a
24community day school that removes the pupil from the school of
25origin and notify the juvenile court regarding any placement that
26conflicts with paragraph (1) or (2) of subdivision (b)end insert
withbegin insert respect
27toend insert
the parent’s, guardian’s, or responsible adult’s right to make a
28decision to enroll or not to enroll the pupil in a community day
29school.

30

SEC. 7.  

Section 48662.5 is added to the Education Code, to
31read:

32

48662.5.  

(a) A pupil who is involuntarily enrolled in a
33community day school shall have the right to reenroll in his or her
34former school or another comprehensive school immediately after
35begin delete completion of theend deletebegin insert readmission from theend insert expulsion begin deleteperiodend delete or begin deletetheend delete
36 court-ordered placementbegin insert pursuant to Section 48916end insert. Upon that
37involuntary enrollment in the community day school, the pupil
38shall be informed of the date when he or she may reenroll in his
39or her former school or another comprehensive schoolbegin delete and the
40school district shall implement a process to transfer the pupil from
P13   1the community day school, which may include, but is not limited
2to, ensuring properend delete
begin insert. The procedures outlined in subdivisions (b)
3to (e), inclusive, of Section 51225.2 govern the end insert
transfer of credits,
4records,begin insert including special education records,end insert and gradesbegin insert required
5pursuant to subdivision (a) of Section 48645.5 and Section 49068end insert
.

6(b) A pupil shall not be denied reenrollment in his or her former
7school or another comprehensive school based on the pupil’s failure
8to comply with any additional criteria imposed by a school district
9beyond the terms of an initial or subsequent order to expel issued
10pursuant to Section 48916.

11(c) The school district shall not add additional academic or
12behavioral criteria or conditions that would extend the duration of
13the placement of a pupil in a community day school beyond the
14terms of an initial or subsequent order to expel issued pursuant to
15Section 48916.

16(d) Any school created for the purpose of enrolling pupils that
17may be assigned to a community day school pursuant to Section
1848662 shall follow the same procedures for the involuntary transfer
19of pupils to a community day school set forth in this article.

20

SEC. 8.  

Section 48918 of the Education Code is amended to
21read:

22

48918.  

The governing board of each school district shall
23establish rules and regulations governing procedures for the
24expulsion of pupils. These procedures shall include, but are not
25necessarily limited to, all of the following:

26(a) (1) The pupil shall be entitled to a hearing to determine
27whether the pupil should be expelled. An expulsion hearing shall
28be held within 30 schooldays after the date the principal or the
29superintendent of schools determines that the pupil has committed
30any of the acts enumerated in Section 48900, unless the pupil
31requests, in writing, that the hearing be postponed. The adopted
32rules and regulations shall specify that the pupil is entitled to at
33least one postponement of an expulsion hearing, for a period of
34not more than 30 calendar days. Any additional postponement may
35be granted at the discretion of the governing board.

36(2) Within 10 schooldays after the conclusion of the hearing,
37the governing board shall decide whether to expel the pupil, unless
38the pupil requests in writing that the decision be postponed. If the
39hearing is held by a hearing officer or an administrative panel, or
40if the governing board does not meet on a weekly basis, the
P14   1governing board shall decide whether to expel the pupil within 40
2schooldays after the date of the pupil’s removal from his or her
3school of attendance for the incident for which the recommendation
4for expulsion is made by the principal or the superintendent, unless
5the pupil requests in writing that the decision be postponed.

6(3) If compliance by the governing board with the time
7requirements for the conducting of an expulsion hearing under this
8subdivision is impracticable during the regular school year, the
9superintendent of schools or the superintendent’s designee may,
10for good cause, extend the time period for the holding of the
11expulsion hearing for an additional five schooldays. If compliance
12by the governing board with the time requirements for the
13conducting of an expulsion hearing under this subdivision is
14impractical due to a summer recess of governing board meetings
15of more than two weeks, the days during the recess period shall
16not be counted as schooldays in meeting the time requirements.
17The days not counted as schooldays in meeting the time
18requirements for an expulsion hearing because of a summer recess
19of governing board meetings shall not exceed 20 schooldays, as
20defined in subdivision (c) of Section 48925, and unless the pupil
21requests in writing that the expulsion hearing be postponed, the
22hearing shall be held not later than 20 calendar days before the
23first day of school for the school year. Reasons for the extension
24of the time for the hearing shall be included as a part of the record
25at the time the expulsion hearing is conducted. Upon the
26commencement of the hearing, all matters shall be pursued and
27conducted with reasonable diligence and shall be concluded without
28any unnecessary delay.

29(b) Written notice of the hearing shall be forwarded to the pupil
30at least 10 calendar days before the date of the hearing. The notice
31shall include all of the following:

32(1) The date and place of the hearing.

33(2) A statement of the specific facts and charges upon which
34the proposed expulsion is based.

35(3) A copy of the disciplinary rules of the school district that
36relate to the alleged violation.

37(4) A notice of the parent, guardian, or pupil’s obligation
38pursuant to subdivision (b) of Section 48915.1.

39(5) Notice of the opportunity for the pupil or the pupil’s parent
40or guardian to appear in person or to be represented by legal
P15   1counsel or by a nonattorney adviser, to inspect and obtain copies
2of all documents to be used at the hearing, to confront and question
3all witnesses who testify at the hearing, to question all other
4evidence presented, and to present oral and documentary evidence
5on the pupil’s behalf, including witnesses. In a hearing in which
6a pupil is alleged to have committed or attempted to commit a
7sexual assault as specified in subdivision (n) of Section 48900 or
8committing a sexual battery as defined in subdivision (n) of Section
948900, a complaining witness shall be given five days’ notice
10before being called to testify, and shall be entitled to have up to
11two adult support persons, including, but not limited to, a parent,
12guardian, or legal counsel, present during their testimony. Before
13a complaining witness testifies, support persons shall be
14admonished that the hearing is confidential. This subdivision shall
15not preclude the person presiding over an expulsion hearing from
16removing a support person whom the presiding person finds is
17disrupting the hearing. If one or both of the support persons is also
18a witness, the provisions of Section 868.5 of the Penal Code shall
19be followed for the hearing. This section does not require a pupil
20or the pupil’s parent or guardian to be represented by legal counsel
21or by a nonattorney adviser at the hearing.

22(A) For purposes of this section, “legal counsel” means an
23attorney or lawyer who is admitted to the practice of law in
24California and is an active member of the State Bar of California.

25(B) For purposes of this section, “nonattorney advisor” means
26an individual who is not an attorney or lawyer, but who is familiar
27with the facts of the case, and has been selected by the pupil or
28pupil’s parent or guardian to provide assistance at the hearing.

29(c) (1) Notwithstanding Section 35145, the governing board
30shall conduct a hearing to consider the expulsion of a pupil in a
31session closed to the public, unless the pupil requests, in writing,
32at least five days before the date of the hearing, that the hearing
33be conducted at a public meeting. Regardless of whether the
34expulsion hearing is conducted in a closed or public session, the
35governing board may meet in closed session for the purpose of
36deliberating and determining whether the pupil should be expelled.

37(2) If the governing board or the hearing officer or administrative
38panel appointed under subdivision (d) to conduct the hearing admits
39any other person to a closed deliberation session, the parent or
P16   1guardian of the pupil, the pupil, and the counsel of the pupil also
2shall be allowed to attend the closed deliberations.

3(3) If the hearing is to be conducted at a public meeting, and
4there is a charge of committing or attempting to commit a sexual
5assault as defined in subdivision (n) of Section 48900 or
6committing a sexual battery as defined in subdivision (n) of Section
748900, a complaining witness shall have the right to have his or
8her testimony heard in a session closed to the public when
9testifying at a public meeting would threaten serious psychological
10harm to the complaining witness and there are no alternative
11procedures to avoid the threatened harm, including, but not limited
12to, videotaped deposition or contemporaneous examination in
13another place communicated to the hearing room by means of
14closed-circuit television.

15(d) Instead of conducting an expulsion hearing itself, the
16governing board may contract with the county hearing officer, or
17with the Office of Administrative Hearings pursuant to Chapter
1814 (commencing with Section 27720) of Part 3 of Division 2 of
19Title 3 of the Government Code and Section 35207, for a hearing
20officer to conduct the hearing. The governing board may also
21appoint an impartial administrative panel of three or more
22certificated persons, none of whom is a member of the board or
23employed on the staff of the school in which the pupil is enrolled.
24The hearing shall be conducted in accordance with all of the
25procedures established under this section.

26(e) Within three schooldays after the hearing, the hearing officer
27or administrative panel shall determine whether to recommend the
28expulsion of the pupil to the governing board. If the hearing officer
29or administrative panel decides not to recommend expulsion, the
30expulsion proceedings shall be terminated and the pupil
31immediately shall be reinstated and permitted to return to the
32classroom instructional program from which the expulsion referral
33was made, unless the parentbegin delete orend deletebegin insert,end insert guardianbegin insert, or responsible adultend insert of
34the pupil requests another schoolbegin delete optionend deletebegin insert placementend insert in writing.
35begin insert Before the placement decision being made by the parent, guardian,
36or responsible adult, the superintendent of schools or the
37 superintendent’s designee may, after consultation with school
38district personnel, including the pupil’s teacher, and the parent,
39guardian, or responsible adult, recommend one or more school
40placement options for the pupil in addition to the option to return
P17   1to his or her classroom instructional program from which the
2expulsion referral was made.end insert
The decision not to recommend
3expulsion shall be final.

4(f) (1) If the hearing officer or administrative panel recommends
5expulsion, findings of fact in support of the recommendation shall
6be prepared and submitted to the governing board. All findings of
7fact and recommendations shall be based solely on the evidence
8adduced at the hearing. If the governing board accepts the
9recommendation calling for expulsion, acceptance shall be based
10either upon a review of the findings of fact and recommendations
11submitted by the hearing officer or panel or upon the results of
12any supplementary hearing conducted pursuant to this section that
13the governing board may order.

14(2) The decision of the governing board to expel a pupil shall
15be based upon substantial evidence relevant to the charges adduced
16at the expulsion hearing or hearings. Except as provided in this
17section, no evidence to expel shall be based solely upon hearsay
18evidence. The governing board or the hearing officer or
19administrative panel may, upon a finding that good cause exists,
20determine that the disclosure of either the identity of a witness or
21the testimony of that witness at the hearing, or both, would subject
22the witness to an unreasonable risk of psychological or physical
23harm. Upon this determination, the testimony of the witness may
24 be presented at the hearing in the form of sworn declarations that
25shall be examined only by the governing board or the hearing
26officer or administrative panel. Copies of these sworn declarations,
27edited to delete the name and identity of the witness, shall be made
28available to the pupil.

29(g) A record of the hearing shall be made. The record may be
30maintained by any means, including electronic recording, so long
31as a reasonably accurate and complete written transcription of the
32proceedings can be made.

33(h) (1) Technical rules of evidence shall not apply to the
34hearing, but relevant evidence may be admitted and given probative
35effect only if it is the kind of evidence upon which reasonable
36persons are accustomed to rely in the conduct of serious affairs.
37A decision of the governing board to expel shall be supported by
38substantial evidence showing that the pupil committed any of the
39acts enumerated in Section 48900.

P18   1(2) In hearings that include an allegation of committing or
2attempting to commit a sexual assault as defined in subdivision
3(n) of Section 48900 or committing a sexual battery as defined in
4subdivision (n) of Section 48900, evidence of specific instances,
5of a complaining witness’ prior sexual conduct is to be presumed
6inadmissible and shall not be heard absent a determination by the
7person conducting the hearing that extraordinary circumstances
8exist requiring the evidence be heard. Before the person conducting
9the hearing makes the determination on whether extraordinary
10circumstances exist requiring that specific instances of a
11complaining witness’ prior sexual conduct be heard, the
12complaining witness shall be provided notice and an opportunity
13to present opposition to the introduction of the evidence. In the
14hearing on the admissibility of the evidence, the complaining
15witness shall be entitled to be represented by a parent, guardian,
16legal counsel, or other support person. Reputation or opinion
17evidence regarding the sexual behavior of the complaining witness
18is not admissible for any purpose.

19(i) (1) Before the hearing has commenced, the governing board
20may issue subpoenas at the request of either the superintendent of
21schools or the superintendent’s designee or the pupil, for the
22personal appearance of percipient witnesses at the hearing. After
23the hearing has commenced, the governing board or the hearing
24officer or administrative panel may, upon request of either the
25county superintendent of schools or the superintendent’s designee
26or the pupil, issue subpoenas. All subpoenas shall be issued in
27accordance with Sections 1985, 1985.1, and 1985.2 of the Code
28of Civil Procedure. Enforcement of subpoenas shall be done in
29accordance with Section 11455.20 of the Government Code.

30(2) Any objection raised by the superintendent of schools or the
31superintendent’s designee or the pupil to the issuance of subpoenas
32may be considered by the governing board in closed session, or in
33open session, if so requested by the pupil before the meeting. Any
34decision by the governing board in response to an objection to the
35issuance of subpoenas shall be final and binding.

36(3) If the governing board, hearing officer, or administrative
37panel determines, in accordance with subdivision (f), that a
38percipient witness would be subject to an unreasonable risk of
39harm by testifying at the hearing, a subpoena shall not be issued
40to compel the personal attendance of that witness at the hearing.
P19   1However, that witness may be compelled to testify by means of a
2sworn declaration as provided for in subdivision (f).

3(4) Service of process shall be extended to all parts of the state
4and shall be served in accordance with Section 1987 of the Code
5of Civil Procedure. All witnesses appearing pursuant to subpoena,
6other than the parties or officers or employees of the state or any
7political subdivision thereof, shall receive fees, and all witnesses
8appearing pursuant to subpoena, except the parties, shall receive
9mileage in the same amount and under the same circumstances as
10prescribed for witnesses in civil actions in a superior court. Fees
11and mileage shall be paid by the party at whose request the witness
12is subpoenaed.

13(j) Whether an expulsion hearing is conducted by the governing
14board or before a hearing officer or administrative panel, final
15action to expel a pupil shall be taken only by the governing board
16in a public session. Written notice of any decision to expel or to
17suspend the enforcement of an expulsion order during a period of
18probation shall be sent by the superintendent of schools or his or
19her designee to the pupil or the pupil’s parent or guardian and shall
20be accompanied by all of the following:

21(1) Notice of the right to appeal the expulsion to the county
22board of education.

23(2) Notice of the education alternative placement to be provided
24to the pupil during the time of expulsion.

25(3) Notice of the obligation of the parent, guardian, or pupil
26under subdivision (b) of Section 48915.1, upon the pupil’s
27enrollment in a new school district, to inform that district of the
28pupil’s expulsion.

29(k) (1) The governing board shall maintain a record of each
30expulsion, including the cause for the expulsion. Records of
31expulsions shall be a nonprivileged, disclosable public record.

32(2) The expulsion order and the causes for the expulsion shall
33be recorded in the pupil’s mandatory interim record and shall be
34forwarded to any school in which the pupil subsequently enrolls
35upon receipt of a request from the admitting school for the pupil’s
36school records.

37

SEC. 9.  

If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P20   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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