BILL NUMBER: SB 744 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE MAY 8, 2013
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 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 certain persons, including the
attorney for a pupil who is under the jurisdiction of a delinquency
court, to take specified actions related to the enrollment of a pupil
in a county community school .
(2) Existing law requires a county community school to prescribe
an individually planned educational program based on an educational
assessment for each pupil. Existing law requires the course of study
of a county community school to be adopted by the county board of
education to enable each pupil to continue academic work leading to
the completion of a regular high school program.
This bill would require an individually planned educational
program to include 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 or other district-level referral process if there
is no 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 certain persons,
including the attorney for a pupil who is under the jurisdiction of a
delinquency court, to take specified actions related to the
enrollment of a pupil in a community day school .
(4) Existing law states the intent of the Legislature that
community day schools include specified program components,
including, but not limited to, individualized instruction and
assessment.
This bill would state the intent of the Legislature that, if an
individualized assessment shows that the pupil requires additional
educational services that are not available at the community day
school, the parent, guardian, or responsible adult of the pupil
should be notified, and that the probation officer relative to a
pupil ordered placed in a community day school by court order should
also be notified. 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.
(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
comprehensive school immediately after
readmission being readmitted from expulsion or
court-ordered placement, and would require the pupil to be
informed of that date, thereby imposing a state-mandated local
program placement . The bill would prohibit the
pupil from being denied this reenrollment
readmission to the school district of residence based on his or
her failure to comply with any additional
additionally imposed 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 from being
added .
(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 the adopted rules
and regulations to require, if a hearing officer or administrative
panel decided not to recommend expulsion, the 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 the adopted rules and regulations to
instead 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 made unless
a parent, guardian, or responsible adult to request
requests another school placement in writing.
The bill would, before the placement decision is made by the
parent, guardian, or responsible adult, require the superintendent of
schools or the superintendent's designee to consult with the parent,
guardian, or responsible adult regarding any other 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. By requiring the governing board of a school district to
establish or revise the rules and regulations governing procedures
for the expulsion of pupils, the bill would impose a state-mandated
local program.
(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) (A) 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.
(B) 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.
(C) 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.
(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.
(E) A parent, guardian, or responsible adult of a pupil
who is under the jurisdiction of the juvenile court may,
With respect to a pupil's enrollment in a county community
school pursuant to subparagraph (B) or (C), and 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. all of
the following shall apply:
(i) The attorney for, or the person holding the educational rights
of, a pupil who is under the jurisdiction of the delinquency court
may use the procedures set forth in California Rule of Court 5.651 to
address any change of placement that results in the enrollment of
the pupil in a county community school that is not his or her school
of origin.
(ii) The attorney or the person holding the educational rights
appointed by the court for a pupil who is under the jurisdiction of
the delinquency court may, during a regularly scheduled hearing,
raise any concerns with respect to whether the enrollment of the
pupil in a county community school is meeting the educational needs
of the pupil.
(iii) Nothing in this subparagraph is intended to limit in any way
the rights or responsibilities of any person as set forth in
paragraph (2) of subdivision (c) of Section 726 of the Welfare and
Institutions Code and California Rule of Court 5.651.
(2) 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 this paragraph subdivision
shall impact the provision of services or funding for youth up
to 25 years of age pursuant to subdivision (b) of Section 1982.
(3) Expelled for any of the reasons specified in subdivision (a)
or (c) of Section 48915.
(4) Enrollment in a county community school pursuant to this
subdivision shall be consistent with Section 48645.5.
(d) Pupils whose school districts of attendance , or, for
pupils who do not have school districts of attendance, school
districts of residence, 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 determines 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
(e) 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 subparagraph (A)
of paragraph (1) or paragraph (3) of subdivision (c) of, Section 1981
shall have the right to reenroll in his or her former school or
another appropriate comprehensive
school immediately after readmission being
readmitted 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
Nothing in this section is intended to limit the
school placement options that a school district may recommend for a
pupil being readmitted .
(b) A pupil shall not be denied reenrollment in his or
her former school or another comprehensive school
readmission to the school district of residence based on the
pupil's failure to comply with any additional
additionally imposed 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 Additional academic or behavioral
criteria or conditions shall not be added 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
educational 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. 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.
(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) 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
by the governing board of the school district that ordered the
expulsion to remove the condition and reflect that the service
or program is not available to the pupil.
(c) 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 .
(d) 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
, or other district-level referral process if there is no school
attendance review board, with the approval of and a
finding determination 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 or 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.
(4) 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 (3) unless
the school district has made a finding that the placement will
promote the educational interests of the pupil. The
(5) The parent, guardian, or
responsible adult of a pupil enrolled in a community day school
pursuant to this paragraph (3) 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) 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 community day school.
(c)
(d) 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)
(e) 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)
(f) Enrollment in a community day school pursuant to
this section shall be consistent with Section 48645.5.
(f)
(g) With respect to a placement
voluntary transfer 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,
and 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. all of the
following shall apply:
(1) The attorney for, or the person holding the educational rights
of, a pupil who is under the jurisdiction of the delinquency court
may use the procedures set forth in California Rule of Court 5.651 to
address any change of placement that results in the enrollment of
the pupil in a community day school that is not his or her school of
origin.
(2) The attorney or the person holding the educational rights
appointed by the court for a pupil who is under the jurisdiction of
the delinquency court may, during a regularly scheduled hearing,
raise any concerns with respect to whether the enrollment of the
pupil in a community day school is meeting the educational needs of
the pupil.
(3) Nothing in this subdivision is intended to limit in any way
the rights or responsibilities of any person as set forth in
paragraph (2) of subdivision (c) of Section 726 of the Welfare and
Institutions Code and California Rule of Court 5.651.
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 being readmitted from the expulsion
order pursuant to Section 48916 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 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 Nothing in this section is intended
to limit the school placement options that a school district may
recommend for a pupil being readmitted .
(b) A pupil shall not be denied reenrollment in his or
her former school or another comprehensive school
readmission to the school district of residence 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
Additional academic or behavioral criteria or
conditions shall not be added 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 of the school district .
(2) Within 10 schooldays after the conclusion of the hearing, the
governing board of the school district 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 of
the school district does not meet on a weekly basis, the
governing board of the school district 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 of the school
district 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 of the school
district 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 of
the school district 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 of the school district
may meet in closed session for the purpose of deliberating and
determining whether the pupil should be expelled.
(2) If the governing board of the school district 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 o f the school district 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 of the school district may also
appoint an impartial administrative panel of three or more
certificated persons, none of whom is a member of the board
governing board of the school district
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 of the school
district . 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
is 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 shall consult with the
parent, guardian, or responsible adult, recommend one or
more regarding any other 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 of the school
district . All findings of fact and recommendations shall be
based solely on the evidence adduced at the hearing. If the governing
board of the school district 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 of
the school district may order.
(2) The decision of the governing board of the school
district 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
of the school district 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 of the school district 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 of the school district 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
of the school district 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
of the school district 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 of the school district
in closed session, or in open session, if so requested by the
pupil before the meeting. Any decision by the governing board of
the school district in response to an objection to the
issuance of subpoenas shall be final and binding.
(3) If the governing board of the school district ,
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 of the school district or before a hearing officer
or administrative panel, final action to expel a pupil shall be taken
only by the governing board of the school district 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 school district
of the pupil's expulsion.
(k) (1) The governing board of the school district
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.