Amended in Senate May 8, 2013

Amended in Senate April 24, 2013

Amended in Senate April 10, 2013

Senate Bill No. 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 remove 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, 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 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, and being probation referred pursuant to specified law.

This bill would revise the list of pupils who may be involuntarily transferred to a community day school to limit the kind of probation referrals. 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, 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 begin delete require end delete begin insert state the intent of the Legislature that, if an end insert individualized begin delete instruction and end delete assessment begin delete to include specified end delete begin insert shows that the pupil requires additional educational end insert services begin insert that are not available at the community day school, the parent, guardian, or responsible adult of the pupil should be notified end insert , and begin delete would require notification of end delete begin insert that end insert the probation officer begin delete in that regard end delete relative to a pupil ordered placed in a community day school by court order begin insert should also be notified end insert . begin insert The bill would require school districts operating community day schools to ensure that appropriate services and programs, as provided, are provided to certain pupils, as specified. end 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 another appropriate school immediately after 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, guardian, or responsible adult to request another school 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 consent may be rescinded.

(c) (1)   begin insert (A) end insert begin insert   end insert 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.

begin delete

(2)

end delete

begin insert (B) end insert  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.

begin delete

(3)

end delete

begin insert (C) end insert  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.

begin insert

(D) 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.

end insert begin insert

(E) 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 paragraph, 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.

end insert begin delete

(4)

end delete

begin insert (2) end insert  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 begin insert this end insert paragraph begin delete (1) end delete shall impact the provision of
services or funding for youth up to 25 years of age pursuant to
subdivision (b) of Section 1982.

begin delete

(5)

end delete

begin insert (3) end insert  Expelled for any of the reasons specified in subdivision (a)
or (c) of Section 48915.

begin delete

(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)

end delete

begin insert (4) end insert  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 begin insert subparagraph
(A) of end insert paragraph (1) or begin delete (5) end delete begin insert paragraph (3) end insert of subdivision (c) of,
Section 1981 shall have the right to reenroll in his or her former
school or another appropriate school immediately after readmission
from the expulsion 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
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.

(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 entry into that program 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 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, mediation,
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) County boards of education operating county community
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) County boards of education operating county community
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. begin insert If an
individualized assessment shows that the pupil 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 should be 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 should
also be notified. end insert

(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.

begin delete

(b) If an individualized assessment shows that the pupil 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 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)

end delete

begin insert (b) end insert  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.

begin delete

(d)

end delete

begin insert (c) end insert  School districts operating community day 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.

begin delete

(e)

end delete

begin insert (d) end insert  School districts operating community day 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) 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.

(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 provide that all educational
and school placement decisions shall seek to ensure that the 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.

(3) The parent or guardian of the pupil has approved or requested
the pupil’s placement in a community day school. begin delete A end delete

begin insert (4) end insert begin insert   end insert begin insert A end insert 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.

(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) With respect to a placement under paragraph (1) or (2) of
subdivision (b), 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
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
readmission from the expulsion or 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
begin delete comprehensive end delete begin insert appropriate end insert 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.

(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, guardian, or responsible adult of the
pupil requests another school 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.