Amended in Assembly September 3, 2013

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

Senate Bill No. 744

Introduced by Senator Lara

February 22, 2013

An act to amend Sections 1981, 1983, 48660.1, 48662, and 48918 of, to add Sections 1981.5 and 48662.5 to, and to repeal Section 1981.2 of, the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

SB 744, as amended, Lara. Pupils: involuntary transfer: county community schools and community day schools.

(1) Existing law authorizes a county board of education to establish and maintain one or more community schools into which the county board of education may enroll specified pupils, including, but not limited to, pupils who are expelled for specified reasons, referred as the result of the recommendation by a school attendance review board, probation referred, or homeless children.

This bill would revise the list of pupils who may be involuntarily enrolled in a county community school to limit the kind of probation referrals and remove homeless children. The bill, 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 available to enroll the pupil, the pupil’s educational needs will be met by the 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 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 offered at the community day school, the parent, guardian, or responsible adult of the pupil shall be informed, and that the probation officer relative to a pupil ordered placed in a community day school by court order 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 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 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 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 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.

(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.

(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 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) 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) 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.

(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 offered at the community day school, the
parent, guardian, or responsible adult of the pupil 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 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, 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) 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.

(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, 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. 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.

(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 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.

(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.

(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 (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 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 pursuant to Section 48916 from an expulsion
order 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) 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.

(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 begin delete advisor” end delete begin insert adviser” end insert
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, begin insert no end insert evidence to expel shall begin delete not end delete 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 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.