BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 744
AUTHOR: Lara
AMENDED: April 24, 2013
FISCAL COMM: Yes HEARING DATE: May 1, 2013
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : Community day schools and community schools.
SUMMARY
This bill requires parental consent for referrals to a county
community school or community day school by a school attendance
review board, school district or probation department except for
situations where a student is expelled or pursuant to a court
order. This bill also establishes the right of a student to
reenroll in his or her former school or another school upon
completion of the term of involuntary transfer to a county
community school or community day school.
BACKGROUND
Alternative education
The governing board of the school district, at the time
expulsion is ordered, must ensure that an educational program is
provided to the pupil. The district or county program
(community day schools or community schools, respectively) is
the only program required to be provided to expelled pupils.
Each school district governing board may determine to provide
additional programmatic options.
(Education Code � 48916.1)
Pupils expelled from school for serious offenses such as
possessing a firearm, brandishing a knife, causing serious
physical injury, selling a controlled substance or committing a
sexual assault are prohibited from enrolling in any school other
than a community school, community day school, or juvenile court
school. (EC � 48915.2)
1) Community day school
SB 744
Page 2
The governing board of a school district is authorized to
establish one or more community day schools to serve pupils
who have been expelled for any reason, or referred by
probation or a school attendance review board. (EC � 48660
& � 48662)
2) County community school
A county board of education is authorized to maintain one or
more community schools to serve pupils who have been
expelled, referred by probation or an attendance review
board, or are homeless. (EC � 1980)
3) Juvenile court schools
Juvenile court schools are public schools or classes operated by
the county superintendent of schools in juvenile halls,
homes, day centers, ranches, camps, and youth correctional
facilities.
(EC � 48645.1 & � 48645.2)
Rehabilitation plan
The governing board is required to recommend a plan of
rehabilitation for the pupil at the time of the expulsion order,
which may include periodic review as well as assessment at the
time of review for readmission. The plan may also include
recommendations for improved academic performance, tutoring,
special education assessments, job training, counseling,
employment, community service, or other programs. (EC �
48916(b))
Readmission after expulsion
Governing boards are required to set a date, not later than the
last day of the semester following the semester in which the
expulsion occurred, when the pupil shall be reviewed for
readmission to a school within the district or the school the
pupil last attended. (EC � 48916(a))
SB 744
Page 3
Governing boards are required to set a date of one year from the
date the expulsion occurred for a pupil who has been expelled
for:
1) Possessing, selling, or furnishing a firearm.
2) Brandishing a knife at another person.
3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault.
5) Possession of an explosive. (EC � 48916(a))
Each school district is required to adopt rules and regulations
establishing a procedure for the filing and processing of
requests for readmission and the process for the required review
of all expelled pupils for readmission.
(EC � 48916(c))
The governing board of a school district may permit, after the
term of expulsion, the enrollment of a pupil expelled from
another district for one of the most serious offenses if the
board determines the pupil no longer poses a threat.
(EC � 48915.2 (b))
The governing board of a school district that receives a request
for enrollment from a pupil who has been expelled from another
school district for acts other than the most serious offenses
must hold a hearing to determine whether the individual poses a
continuing danger to pupils or employees. If the board finds
the pupil does not pose a danger, the pupil must be permitted to
enroll if the pupil has established residence in the district or
enrolled pursuant to an interdistrict agreement. (EC �
48915.1(a)(e))
Current law prohibits a pupil from being denied enrollment or
readmission to a public school solely on the basis that he or
she has had contact with the juvenile justice system, including
arrest, adjudication by a juvenile court, formal or informal
supervision by a probation officer, or detention in a juvenile
facility or enrollment in a juvenile court school. (EC �
48645.5)
Appeal to the county board of education
A pupil who has been expelled, or the pupil's parent, may,
within 30 days of the decision of the governing board to expel
SB 744
Page 4
the pupil, file an appeal to the county board of education. The
county board is required to hold a hearing to issue a decision.
(EC � 48919)
Suspend order to expel
A school district governing board, upon voting to expel a pupil,
may suspend the enforcement of the expulsion order for up to one
calendar year and may, as a condition of the suspension of the
enforcement, assign the pupil to a school, class or program that
is deemed appropriate for the rehabilitation of the pupil. Upon
satisfactory completion of the rehabilitation assignment, the
governing board must reinstate the pupil in a school within the
district and may also order the expungement of any or all
records of the expulsion proceedings.
(EC � 48917)
Credit for coursework
Each school district and county office of education must accept
for credit full or partial coursework satisfactorily completed
by a pupil while attending a public school, juvenile court
school, or non-public school or agency. This section applies to
all pupils, whether or not they have been expelled or
incarcerated. (EC � 48645.5)
ANALYSIS
This bill requires parental consent for referrals to a county
community school or community day school by a school attendance
review board, school district or probation department except for
situations where a student is expelled or pursuant to a court
order. This bill also establishes the right of a student to
reenroll in his or her former school or another school upon
completion of the term of involuntary transfer to a county
community school or community day school. Specifically, this
bill:
1) Referrals by school attendance review boards (SARBs)
County community schools
SB 744
Page 5
a) Requires parental consent for a referral to a
county community school by a SARB (currently, a school
district can refer a student to a county community
school based upon the recommendation of a SARB without
parental consent).
b) Prohibits students from being required to attend
a county community school based on the recommendation
of a SARB.
c) Provides that attendance at a county community
school based on a recommendation of a SARB is
voluntary and allows parental consent to be rescinded.
Community day schools
d) Requires referral to a community day school by a
SARB to be with the approval of and a finding by the
school district that the community day school will
meet the educational needs of the student, including
any needs related to the referral to the SARB, and
that the community day school is accessible by the
student without incurring any transportation costs
above and beyond the costs to attend his or her school
of residence.
e) Prohibits the term of the "involuntary transfer"
from being longer then the end of the semester
following the semester during which the acts leading
to the referral occurred (up to a year, which is
consistent with current law). This cap is regardless
of whether the student is successful at the community
day school, at which time the parent may choose to
continue the student's enrollment at the community day
school.
f) Authorizes the parent to raise concerns to the
SARB and school district at any time about the
appropriateness of the community day school placement,
and requires those concerns to be taken into
consideration with regard to whether the placement is
to continue.
SB 744
Page 6
2) Referral by a probation department
a) Requires referral to a county community school or
community day school by probation of wards of the
court (delinquents), whether under the supervision of
a probation officer or not, to be consistent with an
order of a juvenile court. Currently, an order of the
juvenile court is not required for referral by
probation.
County community schools
b) Requires parental consent for referral to a
county community school by probation in situations
where probation opts not to file a petition for the
youth to be adjudicated a dependent or ward of the
court.
c) Requires parental consent (or that of the
guardian or educational rights holder) for referral to
a county community school by probation in situations
where a minor is adjudged a ward or dependents and the
court is authorized to limit the rights of the parent,
and situations where the court orders the care,
custody and control of a minor to be under the
supervision of probation who may place the minor in
out-of-home care.
d) Requires parental consent, or that of the student
if over age 18, for referral to a county community
school by probation in situations where a student is
on probation or parole and not attending school.
e) Prohibits the enrollment of a student in a county
community school, even upon request of the parent,
unless the school district first makes a finding that
placement in a community school will promote the
educational interests of the student.
f) Authorizes a parent to rescind the request for
SB 744
Page 7
the student to be enrolled in a county community
school, and requires the student to be immediately
reenrolled in the school that the student attended at
the times of the referral, or to another school with
parental consent.
g) Authorizes a parent, guardian and educational
representative or surrogate appointed by the court to
request a hearing with the juvenile court regarding
any placement in a county community school that
removes the student from the school of origin. This
bill authorizes parents to notify the juvenile court
regarding any placement that conflicts with the
provisions of this bill, with respect to the parent's
right to make a decision to enroll, or not enroll, the
student in a community school.
3) New process for "voluntary transfer" to community day
school
a) Authorizes a student to be voluntarily
transferred to a community day school only if he or
she meets one of the following conditions:
i) Under the supervision of a probation
officer, with the consent of the minor and the
parent, in situations where probation opts not to
file a petition for the youth to be adjudicated a
dependent or ward of the court.
ii) Under the supervision of a probation
officer, with the consent of the parent, guardian
or responsible adult appointed by the court, in
situations where a minor is adjudged a ward or
dependents and the court is authorized to limit
the rights of the parent, and situations where
the court orders the care, custody and control of
a minor to be under the supervision of probation
who may place the minor in out-of-home care.
iii) The parent has approved or requested
the student's placement in a community day
school. This bill authorizes the parent to
rescind the request and requires the student to
be immediately reenrolled in the school the
student attended at the time of the referral, or
SB 744
Page 8
to another appropriate school with the consent of
the parent.
iv) A district that recommends a student
attend a community day school must make a finding
that the community school will promote the
educational interests of the student. This bill
requires parental consent for this transfer, and
may rescind consent as above.
b) Authorizes a parent, guardian and educational
representative or surrogate appointed by the court to
request a hearing with the juvenile court regarding
any placement in a community day school that removes
the student from the school of origin. This bill
authorizes parents to notify the juvenile court
regarding any placement that conflicts with the
provisions of this bill, with respect to the parent's
right to make a decision to enroll, or not enroll, the
student in a community school.
4) Readmission
Upon decision not to expel
a) Upon the decision of a hearing officer or
administrative panel not to expel a student, requires
a student to be permitted to return to the classroom
instructional program from which the expulsion
referral was made, unless the parent, guardian or
responsible adult requests another school placement in
writing. (Current law requires the student to be
permitted to return to a classroom instructional
program, another instructional program, a
rehabilitation program, or any combination of those
programs).
b) Authorizes the superintendent of the county or
district to recommend one or more school placement
options before the parent makes the decision about the
educational placement
Upon completion of term of involuntary transfer
c) This bill establishes identical provisions for
SB 744
Page 9
students attending county community schools or
community days schools regarding readmission to their
school or origin or another appropriate school:
d) Provides that a student who is involuntarily
enrolled in a county community school due to expulsion
or referred by court order (both without parental
consent), or involuntarily enrolled in a community day
school due to expulsion or referral by court order or
a school attendance review board (SARB) (all without
parental consent), has the right to reenroll in his or
her
former school or another appropriate school immediately
after readmission from the expulsion order or
court-ordered placement.
e) Requires a student to be informed, upon
enrollment, of the date when he or she may reenroll in
his or her former school or another appropriate
school.
f) Prohibits a student from being denied
re-enrollment in his or her former school or another
comprehensive school based on the student's failure to
comply with any additional criteria imposed by a
county board of education or school district beyond
the terms of the initial or subsequent expulsion
order.
g) Prohibits a county board of education or school
district from adding additional academic or behavioral
criteria or conditions that would extend the duration
of the placement of a student in a county community
school or community day school beyond the terms of the
initial or subsequent expulsion order.
5) Coursework
County community schools
a) Requires, based on the educational assessment or
rehabilitation plan of a student, the student to be
enrolled in or have access to programs either at the
SB 744
Page 10
school or through community organizations:
i) Counseling.
ii) Mental health counseling or other
support services.
iii) College preparatory and A-G classes.
iv) Access to services necessary to
transition the student back to his or her prior
school or to another comprehensive school.
v) Mediation, conflict resolution, or
alternative behavior interventions.
vi) Supplemental services to assist with
passage of the high school exit exam.
vii) Extracurricular or other enrichment
activities.
b) Requires independent study assigned to a student
enrolled in a community school to meet the existing
requirements for independent study requirements and
provides that independent study is voluntary for
students enrolled in a community school.
c) Adds "school credit recovery assistance" to the
list of authorized classes or programs of community
schools.
Community day schools
d) Requires community day schools to offer a course
of study that enables students to continue academic
work leading to the completion of a regular high
school program.
e) Requires community day schools to make available
free of cost to a student who has been expelled any
service or program identified in the student's
rehabilitation plan. This bill requires, if a service
or program cannot be provided at no cost, the
rehabilitation plan to be amended to remove the
required service or program and reflect that it is not
SB 744
Page 11
available to the student.
f) Requires community day schools to notify the
parent to be notified if an individualized assessment
shows that the student requires additional educational
services, supports (mental health counseling) or
classes (college preparatory) that are not available
at the community day school. This bill requires the
probation officer to be notified as well if the
student has been placed in the community day school
pursuant to a court order.
Both county community schools and community day schools
g) Requires school districts operating community day
schools and county offices of education operating
community schools to ensure that assessments in all
areas of suspected disability and appropriate services
and programs specified in the student's individualized
education program (IEP) are provided in compliance
with all applicable state and federal laws and
regulatory provisions.
h) Requires school districts operating community day
schools and county offices of education operating
community schools to ensure that appropriate services
and programs designed to address the language needs of
students identified as English learners are provided
in compliance with all applicable state and federal
laws and regulatory provisions.
i) Requires any school created for the purpose of
enrolling students that may be assigned to a community
day school (involuntarily) to follow the same
procedures for the involuntary transfer of students as
required by this bill.
j) Provides that the current procedures for the
transfer of coursework and credits for foster youth
also apply when a student transfers to and from a
county community school or community day school.
6) Miscellaneous
SB 744
Page 12
a) Requires enrollment in a county community school
or community day school to be consistent with current
law regarding juvenile court schools (public schools
must accept for credit full or partial coursework, and
must not deny enrollment to a student solely because
the student has had contact with the juvenile justice
system).
b) Provides that, unless specifically ordered by a
juvenile court, this bill does not conflict with the
existing rights of parents or educational rights
holders to make educational placement decisions for a
student.
c) Deletes the definition of "homeless children."
STAFF COMMENTS
1) Need for the bill . According to the author, "Currently,
students are involuntarily transferred to county community
and community day schools without due process, without
ensuring that a parent or guardian's right to choose a
school for their child is protected and with minimal
consideration as to whether the placement is the
appropriate educational fit for the educational needs of
the student."
2) Referrals other than for expulsion or by court order .
Current law authorizes probation departments, school
districts (based on recommendation of the school attendance
review board (SARB) or through other district processes)
and parents to refer students to county community schools
and community day schools.
This bill requires parental consent for referrals to county
community schools based on the recommendation of a SARB.
If the parent refuses consent, or does not appear at the
SARB hearing, the SARB could alternatively refer the
student to a community day school, in which case the
district would be required to make a finding that the
community day school meets the student's educational needs
(without parental consent).
This bill prohibits the referral of a student to a county
SB 744
Page 13
community school or community day school by a school
district, even upon parental request, unless the district
makes a finding that the county community school will
promote the educational interests of the student or the
community day school meets the educational needs of the
student. Staff recommends an amendment to require the
request of the parent to be granted if the parent chooses
to enroll the student in the school after the school
district provides information to the parent about other
educational options.
This bill requires parental consent for referrals to county
community schools and community day schools by a probation
department except when the student is a ward of the court
or the referral is pursuant to a court order. In
situations where the student is not a ward of the court, is
it possible, or appropriate, for a probation department
petition the juvenile court to order the transfer of the
student to a county community school or community day
school?
3) Reconsideration by SARB . This bill authorizes parents to
raise concerns to the SARB and school district at any time
about the appropriateness of a community day school
placement, and requires those concerns to be taken into
consideration with regard to whether the placement is to
continue. Each SARB has its own meeting schedule and each
district creates its own process. Could this bill be
interpreted to require SARBs to reconsider referrals at any
time? Should reconsideration be allowed only after the
student has been enrolled in the school for a minimum
amount of time, or if specific educational needs are not
being met?
4) Readmission . This bill grants the right of re-enrollment
to a student who was involuntarily enrolled in a county
community school due to expulsion or referred by court
order (both without parental consent), or involuntarily
enrolled in a community day school due to expulsion or
referral by court order or a SARB (all without parental
consent). The right of re-enrollment pursuant to this bill
is to the student's former school or another appropriate
school immediately after readmission from the expulsion
order or court-ordered placement.
SB 744
Page 14
Students who are expelled are required to have a plan of
rehabilitation with recommendations for improved academic
performance, tutoring, job training, counseling, or other
rehabilitative programs. Current law requires districts to
adopt rules and regulations establishing a process for the
filing and processing of requests for readmission, and the
process for the required review of all expelled students
for readmission. Districts are required to readmit the
student upon completion of the readmission process unless
the district finds that the student has not met the
conditions of the rehabilitation plan or continues to pose
a danger.
This bill grants students the right to reenroll in their former
schools, while current law provides a readmission process
for students who have been expelled in which those students
must request review for readmission by the school district.
While this bill does not change the readmission process
for students who have been expelled, granting the right of
re-enrollment appears to conflict with the current
authority of school districts to make a finding that a
student who has been expelled did not meet the requirements
of the rehabilitation plan or continues to pose a danger.
5) Unintended consequence ? This bill requires, upon the
decision of a hearing officer or administrative panel not
to expel a student, a student to be permitted to return to
the classroom instructional program from which the
expulsion referral was made, unless the parent, guardian or
responsible adult requests another school placement in
writing. (Current law requires the student to be permitted
to return to a classroom instructional program, another
instructional program, a rehabilitation program, or any
combination of those programs). Could this have the
unintended consequence of leading districts to choose to
expel students when the district would otherwise choose not
to expel but to refer the student to an alternative school?
6) Author's amendments . The author has identified drafting
errors that should be corrected.
7) Related legislation . AB 570 (Jones-Sawyer) requires the
SB 744
Page 15
school districts that operate continuation high schools to
adopt policies and procedures for the identification,
placement, and intake of pupils who voluntarily enroll in
them.
SB 570 is pending in the Assembly Appropriations Committee.
SUPPORT
American Civil Liberties Union
American GI Forum Women of California
Black Organizing Project
Brothers, Sons, Selves Coalition
California County Superintendents Educational Services
Association
Center on Juvenile and Criminal Justice
Children Now
Children's Defense Fund-California
Community Asset Development Redefining Education
Fight Crime: Invest in Kids California
Gay & Lesbian Community Services Center of Orange County
Gay-Straight Alliance Network
Humboldt County Office of Education
Labor/Community Strategy Center's Community Rights Campaign
Legal Services for Children
Legal Services for Prisoners with Children
Liberty Hill Foundation
Mills Legal Clinic
National Juvenile Justice Network
Orange County Department of Education
PolicyLink
Public Counsel
San Jose State University
Stanford Law School
W. Haywood Burns Institute
Youth & Education Law Project
Youth Law Center
Youth Leadership Institute
OPPOSITION
None on file.
SB 744
Page 16