BILL NUMBER: SB 744 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY JUNE 18, 2013
AMENDED IN SENATE MAY 28, 2013
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, with regard to
pupils referred as the result of a recommendation by the school
attendance review board, would require that the school district
and the county office of education determine that the
county community school has space for
available to enroll the pupil, the pupil's educational needs
will be met by the placement, the pupil does not incur
transportation costs above and beyond those at his or her prior
school, county community school, and that the
parent , guardian, or responsible adult does not expressly
object to the referral. The bill would require the school
attendance review board to include a school option that is
geographically accessible, as defined, to the pupil, if the county
community school is not geographically accessible, as specified.
The bill would also provide that the pupil has the right to
return to his or her previous school, or other appropriate school, at
the end of the semester following the semester when the acts leading
to referral occurred. 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, 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 county boards of education operating
county community schools to ensure, among other things, that
appropriate services and programs specified in a pupil's
individualized education program are provided.
(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 and would
require the school attendance review board or other district-level
referral process to include a geographically accessible school option
if the community day school is not geographically accessible .
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, 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
offered at the community day school, the parent, guardian, or
responsible adult of the pupil should shall
be informed, and that the probation officer relative to a pupil
ordered placed in a community day school by court order
should shall also be informed. 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. The bill would authorize a school
district to require a pupil, with the consent of his or her parent or
guardian, to enroll in a county-supported drug rehabilitation
program pursuant to a specified provision.
(5) This bill would provide a pupil who is
has been involuntarily enrolled in a county community school
or a community day school the right to reenroll in his or her former
school or another comprehensive school immediately after being
readmitted from an expulsion order or
court-ordered placement. The bill would prohibit the pupil
from being denied readmission to the school district of residence
based on his or her failure to comply with any additionally imposed
criteria beyond the terms of the initial or subsequent expulsion
order. The bill would prohibit 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 provide that only the
governing board of the school district that issued the initial order
or subsequent order to expel may extend the duration of an expelled
pupil's placement in a county community school or a community day
school .
(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.
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 unless a parent, guardian, or responsible adult 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 school district personnel, including the
pupil's teachers, and 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 pupils in a county
community school 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) (1) Referred to a county community schools
school by a school district as a result of the
recommendation by a school attendance review board. A pupil shall not
be referred to a county community school by a school
district unless the office of education has space for
enrollment available, the school district and county board of
education determine that the county community school meets the
educational needs of the pupil, the pupil does not incur
transportation costs above and beyond those necessary to attend his
or her prior school of residence, and the parent has not expressly
objected to the referral. school district and
the county office of education determine all of the following:
(A) The county community school has space available to enroll the
pupil.
(B) The county community school meets the educational needs of the
pupil.
(C) The parent, guardian, or responsible adult of the pupil has
not expressly objected to the referral.
(2) If the county community school recommended pursuant to
paragraph (1) is not geographically accessible to the pupil, the
school attendance review board shall also include in its
recommendation a school option for the pupil that is geographically
accessible to the pupil and for which the school district and the
county office of education determine all of the following:
(A) The recommended school option has space available to enroll
the pupil.
(B) The recommended school option meets the educational needs of
the pupil.
(C) The parent, guardian, or responsible adult of the pupil has
not expressly objected to the recommended school option.
(2)
(3) The pupil has the right to return to his or her
prior school or another appropriate school within his or her school
district at the end of the semester following the semester when the
acts leading to referral occurred, regardless of whether the
pupil is successful at the county community school
occurred .
(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 child
.
(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) 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, 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 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 subdivision (b) of
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 determines
that the placement will promote the educational interests of the
pupil and the county community school has space available to
enroll 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.
(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.
(f) For purposes of this section, "geographically accessible"
means that the pupil can reasonably travel to and from the school and
is able to pay for any transportation costs that are above and
beyond the costs to attend his or her school of residence or prior
school, whichever is farther away.
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 comprehensive school immediately after being readmitted from
the expulsion order pursuant to Section 48916 or court-ordered
placement. 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 readmission to the school district
of residence based on the pupil's failure to comply with any
additionally imposed criteria beyond the terms of the initial order
or any subsequent order to expel issued pursuant to Section 48916.
(c) 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.
(b) Consistent with the process and procedures set forth in
Section 48916, only the governing board of the school district that
issued the initial order or subsequent order to expel may extend the
duration of an expelled pupil's placement in a county community
school.
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 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.
(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 Pursuant to Part
30 (commencing with Section 56000) of Division 4 of Title
2 of this code, Chapter 33 (commencing with Section 1400) of Title 20
of the United States Code, and accompanying state and federal
regulatory provisions, county boards of education operating
county community schools shall ensure that assessments are
administered in all areas of suspected disability and
appropriate services and programs as specified in a pupil'
s individualized education program are provided in
compliance with Section 56000 and following of the Education Code and
Section 1400 and following of Title 20 of the United States Code,
and accompanying 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, that are not available offered
at the community day school, the parent, guardian, or responsible
adult of the pupil should shall be
informed. 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 shall also be
informed.
(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) (1) 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. the school district shall assist the pupil in
identifying those services or programs. The school district shall not
deny a pupil readmission to the school district for the sole reason
of not completing the service or program required by his or her
rehabilitation plan if the pupil was unable to complete that service
or program due to factors outside of his or her control, including,
but not limited to, being unable to find a service or program that is
free of cost, or that is geographically accessible.
(2) Pursuant to Section 48916.5, the governing board of a school
district may require a pupil to enroll in a county-supported drug
rehabilitation program, except that a pupil shall not be required to
enroll in a county-supported drug rehabilitation program without the
consent of his or her parent or guardian. If a parent or guardian
opts to enroll his or her pupil in a county-supported drug
rehabilitation program for a fee pursuant to Section 48916.5, the
school district shall not be liable for the cost of the program.
(c) School Pursuant to Part 30 (commencing
with Section 56000) of Division 4 of Title 2 of this code, Chapter
33 (commencing with Section 1400) of Title 20 of the United States
Code, and accompanying state and federal regulatory provisions,
school districts operating community day schools shall ensure
that assessments are administered in all areas of
suspected disability and appropriate services and programs specified
in a pupil's individualized education program are provided
in compliance with Section 56000 and following of the Education Code
and Section 1400 and following of Title 20 of the United States Code,
and accompanying 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) (A) 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 determination by the school district that
the proposed school 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
school is geographically accessible by the pupil without the pupil
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 or the school district, and those
concerns shall be taken into consideration with regard to whether the
placement shall continue. instance. If the community
day school is not geographically accessible to the pupil, the school
attendance review board or other district-level referral process
shall include a school option for the pupil that is geographically
accessible to the pupil. For purposes of this paragraph,
"geographically accessible" means that the pupil can reasonably
travel to and from the school and is able to pay for any
transportation costs that are above and beyond the costs to attend
his or her school of residence or prior school, whichever is farther
away.
(B) 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
or the school district, and those concerns shall be taken into
consideration with regard to whether the placement shall continue.
(C) 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, at
which time the pupil shall have the right to reenroll in his or her
prior school or another comprehensive school of the school district.
This section is not intended to limit the school placement options
that a school district may recommend. This section is not intended to
limit a pupil or the parent or guardian of a pupil from making a
request that the pupil continue his or her enrollment at the
community day school.
(b) 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 other
reasons, and third priority for placement shall be given to all other
pupils pursuant to this section, unless there is an agreement that
the county superintendent of schools shall serve these pupils.
(b)
(c) 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 child
.
(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 paragraph (3) unless the school district determines that
the placement will promote the educational interests of the pupil.
(5) The parent, guardian, or responsible adult of a pupil enrolled
in a community day school pursuant to paragraph (3) may rescind the
request for placement at the beginning of the semester or as soon
thereafter as possible, 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)
(d) 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.
(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 other
reasons, and third priority for placement shall be given to all other
pupils pursuant to this section, unless there is an agreement that
the county superintendent of schools shall serve these pupils.
(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.
(f) Enrollment in a community day school pursuant to this section
shall be consistent with subdivision (b) of Section
48645.5.
(g) With respect to a voluntary transfer under paragraph (1) or
(2) of subdivision (b), (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,
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 has been
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 being readmitted from
the pursuant to Section 48916 from an expulsion
order pursuant to Section 48916 or court-ordered
placement. 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 readmission to the school district
of residence based on the pupil's failure to comply with any
additional criteria imposed beyond the terms of an initial or
subsequent order to expel issued pursuant to Section 48916.
(c) 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.
(b) Consistent with the process and procedures set forth in
Section 48916, only the governing board of the school district that
issued the initial order or subsequent order to expel may extend the
duration of an expelled pupil's placement in a community day school.
(d)
(c) 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 to have committed 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 his or her 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 of 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 of
this code, 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 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 is made by the parent, guardian, or responsible
adult, the superintendent of schools or the superintendent's designee
shall consult with school district personnel, including the pupil's
teachers, and 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. If the hearing officer or
administrative panel finds that the pupil committed any of the acts
specified in subdivision (c) of Section 48915, but does not recommend
expulsion, the pupil shall be immediately reinstated but may be
referred to his or her prior school, or, pursuant to the procedures
set forth in Section 48432.5, a continuation school of the school
district. 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 not 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, of the state,
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.