BILL NUMBER: SB 744 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 24, 2013
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 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. 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 , with
respect to certain probation referrals to a county community
school to be challenged in , a parent,
guardian, or responsible adult to request a hearing from the
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 include , but not be limited to,
specified services to be provided either at the school or
through community organizations .
(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 expelled,
being referred by a school attendance review board or other
district-level referral process process,
and being probation referred pursuant to specified law.
This bill would revise the list of pupils who may be involuntarily
enrolled in transferred to 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
impose certain conditions on the involuntary transfer of a
pupil referred by the school attendance review board. 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 , with respect to certain probation
referrals to a community day school to be challenged in
, a parent, guardian, or responsible adult to request
a hearing from the 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 services , and would require notification
of the probation officer in that regard relative to a pupil ordered
placed in a community day school by court order .
(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 appropriate school immediately
after completion of the expulsion period
readmission from expulsion 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 , or responsible adult to
request another school option placement
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 county
community school pupils who are any of the following:
(a) Expelled from a school district for any reason other than
those specified in subdivision (a) or (c) of
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 rescinded .
(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, 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 educational 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.
(d)
(c) (1) 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 725, 729.2, and 791 of, and paragraph (2) of
subdivision (a) of Section 727 of, the Welfare and Institutions Code.
(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.
(4) On probation or parole and not in attendance at any school,
where enrollment is with the consent of the parent, guardian, or
responsible adult, or the pupil, if he or she is 18 years of age or
older. Nothing in paragraph (1) shall impact the provision of
services or funding for youth up to 25 years of age pursuant to
subdivision (b) of Section 1982.
(5) Expelled for any of the reasons specified in subdivision (a)
or (c) of Section 48915.
(6) Unless specifically ordered by a juvenile court, nothing in
this subdivision shall be construed to conflict with the existing
rights of a parent, 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.
(7) A parent, guardian, or responsible adult of a pupil who is
under the jurisdiction of the juvenile court may, consistent with
paragraph (2) of subdivision (c) of Section 726 of the Welfare and
Institutions Code and California Rule of Court 5.651, request a
hearing with the juvenile court regarding any placement in a county
community school that removes the pupil from the school of origin and
notify the juvenile court regarding any placement that conflicts
with this section, with respect to the parent's, guardian's, or
responsible adult's right to make a decision to enroll or not enroll
the pupil in a county community school.
(8) Enrollment in a county community school pursuant to this
subdivision shall be consistent with Section 48645.5.
(d) Pupils whose school districts of attendance have, at the
request of the pupil's parent, guardian, or responsible adult,
approved the pupil's enrollment in a county community 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 the placement will promote the educational interests of
the pupil.
(2) A parent, guardian, or responsible adult of a pupil enrolled
in a county community school pursuant to this subdivision may rescind
the request to the placement, and the pupil shall be immediately
reenrolled in the school that the pupil attended at the time of the
referral, or, with the consent of the parent, guardian, or
responsible adult, another appropriate school. The procedures
outlined in subdivisions (b) to (e), inclusive, of Section 51225.2
govern the transfer of credits, records, including special education
records, and grades required pursuant to subdivision (a) of Section
48645.5 and Section 49068 when the pupil transfers to and from the
county 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)
or (5) of subdivision (d) (c)
of, Section 1981 shall have the right to reenroll in his or her
former school or another comprehensive
appropriate school immediately after completion of
readmission from the expulsion period
order pursuant to Section 48916 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
appropriate 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 . The
procedures outlined in subdivisions (b) to (e), inclusive, of Section
51225.2 govern the transfer of credits, records, including special
education records, and grades required pursuant to subdivision (a) of
Section 48645.5 and Section 49068 when the pupil transfers to and
from the county community school.
(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 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 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 entry into that
program be is voluntary.
(d) An individually planned educational program based upon an
educational assessment shall be prescribed for each pupil. If the
educational assessment or rehabilitation plan shows that the pupil
needs any of the following, the pupils pupil
shall be enrolled in or have access to these programs
either at the school or through community organizations :
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 , conflict resolution, alternative
behavior interventions as described in subdivision (b) of Section
48900.5, supplemental services to assist with passage of the
high school exit examination, or extracurricular or other enrichment
activities. For pupils who are under an expulsion order, nothing
in this section is intended to require participation in the school
district's extracurricular or other similar programs.
(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.
(f) A county board County boards of
education operating a county community
school schools 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 County boards of
education operating a county community
school schools 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:
(1) School district cooperation with the county office of
education, law enforcement, probation, and human services agencies
personnel who work with at-risk youth.
(2) Low pupil-teacher ratio.
(3) Individualized instruction and assessment.
(4) Maximum collaboration with school district support service
resources, including, but not limited to, school counselors and
psychologists, academic counselors, and pupil discipline personnel.
(5) A course of study that enables each pupil to continue academic
work leading to the completion of a regular high school program.
(b) If the educational an individualized
assessment or rehabilitation plan shows that
the pupil needs any of the following
requires additional educational services, supports, such as mental
health counseling, or classes, such as college preparatory classes,
that are not available at the community day school , the
parent, guardian, or responsible adult of 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
notified . If the pupil has been placed pursuant to a
court order as described in paragraph (2) of subdivision (a) of
Section 48662, the probation officer shall also be notified.
(c) For an expelled pupil, if the plan of rehabilitation required
pursuant to subdivisions (b) and (c) of Section 48916 requires access
to a particular service or program for the pupil to meet its
conditions, that service or program shall be made available to the
pupil free of cost or the rehabilitation plan shall be amended to
remove the condition and reflect that the service or program is not
available to the pupil.
(c) A school district operating a
(d) School districts operating
community day school schools 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
(e) School districts operating
community day school schools 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) A pupil may be 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 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.
(3) The pupil is referred by the school attendance review board
with the approval of and a finding by the school district that the
proposed placement will meet the educational needs of the pupil,
including any needs related to the referral to the school attendance
review board in the first instance, and that the proposed placement
is accessible by the pupil without incurring any transportation costs
above and beyond the costs to attend his or her school of residence.
The term for an involuntary transfer under this paragraph shall be
no longer than the end of the semester following the semester during
which the acts leading to the referral occurred, regardless of
whether the pupil is successful at the placement, at which time the
parent, guardian, or responsible adult may choose whether to continue
the pupil's enrollment at the community day school or to return the
pupil to the prior school or another appropriate school. If the
parent, guardian, or responsible adult has concerns at any time about
the appropriateness of the proposed placement, he or she may raise
those concerns with the school attendance review board and the school
district, and those concerns shall be taken into consideration with
regard to whether the placement shall continue.
(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)
(1) 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)
(2) 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 and subdivision
(h) of Section 48853 , which provides
provide that all educational and school placement decisions
shall seek to ensure that the youth minor
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)
(3) The parent or guardian of the pupil has approved or
requested the pupil's placement in a community day school. A
pupil who is recommended to attend a community day school by a school
district shall not be enrolled in a community day school pursuant to
this paragraph unless the school district has made a finding that
the placement will promote the educational interests of the pupil.
The parent, guardian, or responsible adult of a pupil
enrolled in a community day school pursuant to this paragraph may
rescind the request to the placement, and the pupil shall be
immediately reenrolled in the school the pupil attended at the time
of the referral, or, with the consent of the parent, guardian, or
responsible adult, in another appropriate 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.
(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 With respect to a
placement under paragraph (1) or (2) of subdivision (b), a
parent, guardian, or responsible adult may challenge in
of a pupil who is under the jurisdiction of the
juvenile court may, consistent with paragraph (2) of subdivision
(c) of Section 726 of the Welfare and Institutions Code and
California Rule of Court 5.651, request a hearing with the juven
ile court regarding any placement pursuant
to paragraph (2) of subdivision (a) or paragraph (2) or (3) of
subdivision (b) that conflicts in a community day
school that removes the pupil from the school of origin and notify
the juvenile court regarding any placement that conflicts with
paragraph (1) or (2) of subdivision (b) with respect to
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 immediately after
completion of the readmission from the expulsion
period or the court-ordered
placement pursuant to Section 48916 . 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 . The procedures outlined in
subdivisions (b) to (e), inclusive, of Section 51225.2 govern the
transfer of credits, records, including special education
records, and grades required pursuant to subdivision (a)
of Section 48645.5 and Section 49068 .
(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 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 ,
or responsible adult of the pupil requests another school
option placement in writing.
Before the placement decision being made by the parent, guardian, or
responsible adult, the superintendent of schools or the
superintendent's designee may, after consultation with school
district personnel, including the pupil's teacher, and the parent,
guardian, or responsible adult, recommend one or more school
placement options for the pupil in addition to the option to return
to his or her classroom instructional program from which the
expulsion referral was made. 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.