BILL ANALYSIS �
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Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 744 (Lara) - As Amended: June 18, 2013
SENATE VOTE : 27-11
SUBJECT : County Community and Community Day Schools
SUMMARY : Amends the process for referral to and programs
offered within county community schools and community day
schools. Specifically, this bill :
1)Prohibits a school district from referring a pupil for
placement in a community school unless the community school
has space available for that pupil's enrollment.
2)Prohibits a school district from referring a pupil for
placement in a county community school unless the educational
needs of the pupil, as determined by the school district and
county office of education, can be met in the county community
school.
3)Prohibits a school district from referring a pupil for
placement in a county community school if the pupil will incur
transportation costs above and beyond those necessary to
attend his or her prior school of residence.
4)Prohibits a school district from referring a pupil for
placement in a county community school if the parent or
guardian of the pupil objects to the referral.
5)Places a restriction on the time period for which a pupil can
remain in a county community school by specifying that 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 act
leading to the referral occurred, regardless of whether the
pupil is successful at the county community school.
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6)Removes from the list of eligible pupils for referral to a
county community school, those pupils who are dependent
children of the juvenile courts, pursuant to section 300 of
the Welfare and Institutions Code.
7)Specifies that the appropriateness of placing a child in a
county community school may be examined in the judicial
hearing in which the placement is made or concerns of the
placement are raised.
8)Specifies that placement in a county community school shall be
in accordance with exiting law that prohibits a school
district from denying a pupil enrollment or readmission to a
public school based on his or her contact with the juvenile
justice system.
9)Prohibits a school district from denying 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.
10)Prohibits a school district from imposing any additional
academic or behavioral criteria or conditions that would
extend the duration of the placement of a pupil in a county
community school beyond the terms of the initial order or any
subsequent order to expel.
11)Specifies that independent study programs offered through
county community day schools shall be in accordance with all
other laws governing independent study programs.
12)Encourages county community day schools to include in their
instructional programs school credit recovery assistance and
tutorial assistance.
13)Requires county boards of education operating county
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community schools to ensure that assessments in all areas of
suspected disability and appropriate services and programs
specified in a pupil's individualized education program are
provided in compliance with existing state and federal law.
14)Requires county boards of education operating county
community schools to 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.
15)Specifies the intent of the Legislature that if an
individualized assessment shows that the pupil requires
additional educational services, supports, such as mental
health counseling, or classes, that are not available at the
community day school, the parent, guardian, or responsible
adult of the pupil, or the probation officer as appropriate,
should be informed.
16)Specifies the circumstances under which a pupil may be
involuntarily transferred to a county community school.
17)Repeals language relating to enrollment of homeless children
and youth in county community schools.
18)Reiterates existing provisions of the Welfare and
Institutions Code for the placements of pupils who are on
probation or are under the supervision of a probation officer.
19)Extend procedures established under the California Rules of
Court as they relate to the rights of children in a judicial
proceeding to the placement of a pupil in an alternative
setting by a probation officer.
20)Makes technical and non-substantive changes to these
sections.
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EXISTING LAW
1)Authorizes the governing board of a school district 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.
2)Authorizes a county board of education to maintain one or more
county community schools to serve pupils who have been
expelled, are referred by a probation officer, or are referred
by a school attendance review board.
3)Requires the governing board of the school district, at the
time expulsion is ordered, to ensure that an educational
program is provided to the pupil. The district or county
program (community day schools or county community schools,
respectively) is the only program required to be provided to
expelled pupils.
4)Permits the governing board of the school district, at the
time expulsion is ordered, to provide additional programmatic
options for the expelled pupil.
5)Prohibits 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 from enrolling in any school other
than a community school, community day school, or juvenile
court school.
6)Requires the governing board of the school district, at the
time expulsion is ordered, to recommend a plan of
rehabilitation for the pupil 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.
7)Requires the governing board of the school district, at the
time expulsion is ordered, to set a date, not later than the
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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.
8) Requires the governing board of the school district, at the
time expulsion is ordered, to set a date of one year from the
date the expulsion occurred for a pupil who has been expelled
for:
a) Possessing, selling, or furnishing a firearm.
b) Brandishing a knife at another person.
c) Unlawfully selling a controlled substance.
d) Committing or attempting to commit a sexual assault.
e) Possession of an explosive.
1)Requires each school district 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.
2)Prohibits a pupil from being denied enrollment or readmission
by the governing board of a school district to a school under
its jurisdiction based solely on whether the pupil 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.
3)Permits a pupil who has been expelled, or the pupil's parent,
within 30 days of the decision of the governing board to expel
the pupil, to file an appeal to the county board of education.
The county board is required to hold a hearing to issue a
decision.
4)Permits the governing board of a school district, upon voting
to expel a pupil, to suspend the enforcement of the expulsion
order for up to one calendar year and permits, as a condition
of the suspension of the enforcement, the school district to
assign the pupil to a school, class, or program that is deemed
appropriate for the rehabilitation of the pupil.
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5)Requires the governing board of a school district, upon a
pupil's satisfactory completion of the rehabilitation
assignment, to reinstate the pupil in a school within the
district and permits the governing board of the school
district to order the expungement of any or all records of the
expulsion proceedings.
6)Requires each school district and county office of education
to 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill would have the following fiscal effects:
1)County community and community day schools: Potentially
significant ongoing savings, to the extent that students that
would have enrolled in county community and community day
schools instead attend traditional schools.
2)Mandate: Expulsion procedures - This bill creates a new
mandate on LEAs by changing expulsion hearing requirements.
The long-term result is likely minor ongoing savings, but
there may be one-time reimbursable costs to change LEA
process, materials and training.
COMMENTS : California authorizes three types of alternative
schools that are targeted primarily at high school students:
continuation schools, county community schools, and community
day schools. In addition, California permits districts to
operate independent study programs for high school students as
an alternative to regular attendance at a comprehensive high
school or alternative school. These four options constitute the
range of alternatives used by most districts.<1>
---------------------------
<1> Improving Alternative Education in California; Legislative
Analyst's Office, February 2007.
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Alternative Education Settings
According to the author, this bill is needed to address the
involuntarily transfer of students to an alternative setting
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 around the placement's
educational fit for the student. Again according to the author,
these issues disproportionally affect low-income students and
students of color who make-up a majority of the schools'
populations. 2012-2013 enrollment numbers show African-American
and Latino youth comprise 68% of total county community school
enrollment and 82% of community day school enrollment. This
bill addresses three of these educational settings: county
community schools, community day schools, and independent study
programs.
County Community Schools. County community schools are
public schools that are run by county offices of education.
They educate students in kindergarten through grade twelve
who are expelled from school or who are referred because of
attendance or behavior problems. They also serve students
who are homeless, on probation or parole, and who are not
attending any school. Parents or guardians also may request
that their child attend a county community school. These
schools aim to meet individual student needs. Students
learn academic and life skills. Although students may
graduate from county community schools, the goal of these
schools is to help students re-enroll in traditional
education settings and move to other levels of education,
training, or employment.
Community Day Schools. Community day schools are schools
for students who have been expelled from school or who have
had problems with attendance or behavior. They are run by
school districts or county offices of education. The
360-minute minimum instructional day includes academic
programs that provide challenging curriculum and individual
attention to student learning modalities and abilities.
Community day schools are intended to have low
student-teacher ratios. Students benefit from learning
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support services that include school counselors and
psychologists, academic and vocational counselors, and
pupil discipline personnel. Students also receive
collaborative services from county offices of education,
law enforcement, probation, and human services agency
personnel who work with at-risk youth.
Independent Study Programs . Independent study is provided
as an alternative instructional strategy, not an
alternative curriculum. Independent study students work
independently, according to a written agreement and under
the general supervision of a credentialed teacher or
teachers. While independent study students follow the
district-adopted curriculum and meet the district
graduation requirements, independent study offers
flexibility to meet individual student needs, interests,
and styles of learning. These programs are offered by
school districts, charter schools, and county offices of
education.
Placement in an Alternative Education Setting
Current law permits a pupil to be involuntarily enrolled in a
county community school or community day 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).
This bill would prohibit a school district from placing a pupil
in a county community school unless the district first
determines that the county community school has space available
to enroll the pupil, the county community school meets the
educational needs of the pupils, the pupil does not incur
transportation costs above and beyond those necessary to attend
his or her prior school of residence, and the parent or guardian
has not expressly objected to the referral. These provisions
are intended to prevent an inappropriate placement of a pupil in
an educational setting that is not going to best serve the needs
of the pupil. However, the committee recommends amendments that
would require these determinations to be made in consultation
with the county office of education in order to ensure the most
accurate information regarding the program offered at the county
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community school is used in placing the pupil. The committee
also recommends language that mitigates the implications of the
current language as it relates to the pupil's transportation.
The current language prohibits transfer to a school if it would
result in any additional transportation costs. Such a
prohibition may prohibit placement of a pupil in a county
community school even when such a placement is clearly in the
best interest of the pupil. In only very limited circumstances
are districts required to provide transportation for its pupils
and this provision suggests that the district would be required
to cover any increased cost to the pupil or determine another,
and perhaps less viable, placement. Therefore, the committee
recommends language that specifies if the county community
school or community days school to which the pupil has been
referred is not geographically accessible to the pupil, the
school attendance review board, or other district-level referral
body, shall include a placement option for the pupil that is
geographically accessible to the him or her.
Readmission
This bill specifies that if a pupil is involuntarily placed in
either a county community or community day school, the pupil 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. This bill also
specifies that the school district has the discretion to place
the pupil in the most appropriate setting, whether the pupil's
prior school or another comprehensive school of the district.
The school district may also recommend continued placement in a
community day school, but this recommendation may be rejected by
the parent and his/her pupil. This language will allow the
school district to fulfill its obligation to ensure the safety
of all pupils and address the potential harm that may occur from
returning a student to the environment from which he or she was
removed. The language recognizes the author's desire that a
pupil be returned to his or her prior school or another
comprehensive school, but balances this with the obligation of a
school district to protect the safety of all pupils.
In those circumstances where a pupil has been readmitted
pursuant to the procedures set forth in section 48916, this bill
makes clear that the readmitted pupil has the right to return to
his or her prior school or another comprehensive school of the
district. The readmission process outlined in existing law
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permits the school district to retain a pupil in an alternative
placement if the pupil continues to pose a danger to campus
safety or to the other pupils or employees of the school
district. However, for those pupils who are readmitted, the
proposed language, similar to other provisions of this bill,
gives the school district the discretion to place the pupil in
the most appropriate setting, whether the pupil's prior school
or another comprehensive school of the district. The school
district may also recommend continued placement in a community
day school, but this recommendation may be rejected by the
parent and his/her pupil. This language will allow the school
district to fulfill its obligation to ensure the safety of all
pupils and address the potential harm that may occur from
returning a student to the environment from which he or she was
removed. The language recognizes the author's desire that a
pupil be returned to his or her prior school or another
comprehensive school, but balances this with the obligation of a
school district to protect the safety of all pupils.
According to the author, there are situations where the term of
an expulsion or duration of a pupil's placement in a county
community or community day school is extended when the order and
subsequent orders are modified by the county community school or
community day school. The committee recommends amendments that,
while preserving the intent of this language, clarify that while
the county community schools and community day schools may
impose disciplinary actions against a pupil as appropriate and
necessary, these schools cannot modify an order issued by the
pupil's school district.
This bill also addresses those situations in which a pupil is
placed in a county community or community day school pending an
expulsion hearing. In those instances where the expulsion order
is not upheld, this bill requires the pupil to be immediately
readmitted to his or her prior school or to another appropriate
school of the district. The committee recommends an amendment
that allows the school district to exercise its professional
judgment in placing a pupil who was found by the administrative
panel or hearing officer to have committed any of the acts in
Education Code section 48916(c) using the rules and regulations
it has adopted, pursuant to existing law, that govern the
involuntary transfer of pupils to continuation schools.
At the request of the author, the committee recommends an
amendment to strike the language that specifies that a pupil's
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readmission following placement in a county community school or
community day school does not depend on whether the pupil was
successful at the county community school or community day
school.
Instructional Programs with Alternative Educational Settings
This bill is intended to provide assistance to those pupils who
are enrolled in alternative educational programs by ensuring
that each pupil is provided with appropriate instruction and
services.
Independent Study
This bill specifies that independent study programs offered
through county community schools and community day schools
must comply with all other laws governing independent study
programs.
Instructional Content
This bill encourages, but does not require, county
community schools and community day schools to include
credit recovery assistance and tutoring services within
their programs. For example, a county community school or
community day school could assign a student who has failed
courses or is at risk of falling behind on graduation
credits, credit recovery courses. Additionally, any student
who is identified as at-risk of failing could be required
to attend tutoring and/and or be assigned an academic
advisor during his or her enrollment in the county
community school or community day school.
Appropriate Services
This bill emphasizes the need for county community schools
and community day schools to ensure that pupils enrolled it
these settings are provided the appropriate assessments in
all areas of suspected disability and appropriate services
and programs specified in a pupil's individualized
education program are provided in compliance with existing
state and federal law. While this is not a new requirement,
this ensures that for programs that rely on distinct
portions of the Education Code to govern their programs,
these requirements are clearly and easily identified.
Similarly, this bill requires school districts and county
boards of education operating community and community day
schools, as applicable, to ensure that appropriate services
and programs designed to address the language needs of
pupils identified as English learners are provided in
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compliance with all applicable state and federal laws.
Because the pupils enrolled in these alternative education
settings are often receiving a multitude of services
through multiple agencies, the coordinated efforts of these
service providers is critical to the success of the pupil.
Therefore, this bill specifies the intent of the
Legislature that if an individualized assessment shows that
the pupil requires additional educational services and
supports, such as mental health counseling, or classes,
that are not available at the community day school, the
parent, guardian, or responsible adult of the pupil, or the
probation officer as appropriate, should be informed.
Rehabilitation Plan
Under existing law the school district, upon issuing an
expulsion order, must recommend a rehabilitation plan for the
expelled pupil. This bill specifies that if a particular
service or program is prescribed by the school district, the
school district is either required to make that service or
program available to the pupil free of cost or the school
district shall amend the rehabilitation plan to remove the
condition and reflect that the service or program is not
available to the pupil. The committee recommends an amendment
that instead retains the authority of the school district to
identify the services or programs that best address the
student's needs, however, would also require the district to
assist the pupils in identifying such services or programs. In
recognition of those pupils who are unable to access services or
programs due to circumstances beyond their control such as
financial hardship or geographic inaccessibility of the program
or service location, the committee recommends language that
would prohibit a school district from denying a pupil
readmission to the district based solely on his or her failure
to meet a the service or program requirement of his or her
rehabilitation plan if that failure was due to circumstances
beyond his or her control. The committee also recommends an
amendment that recognizes existing provisions of Education Code
which expressly permit a school district to require a pupil who
is expelled for reasons relating to controlled substances, as
defined, to enroll in a county-supported drug rehabilitation
program before returning to school, and makes clear that a
pupil's participation in such a cost-based program does not
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require the district to pay for or reimburse the pupil for the
cost of the program.
Homeless Children and Youth
This bill repeals language that allows districts and county
offices of education to enroll pupils in county community
schools or community day schools on the basis of the pupil's
status as homeless. The federal McKinney-Vento Homeless
Education Act of 2002 requires homeless children and youth to be
educated as part of a school's regular academic program. The
United States Department of Education has published
non-regulatory guidance that makes clear districts must provide
homeless children and youth with services through "programs and
mechanisms that integrate homeless children and youth with their
non-homeless counterparts ? [and] must expand upon or improve
services provided as part of the regular school program."
Repealing this language brings California into compliance with
this federal requirement.
Minors Who Are Within the Jurisdiction of the Juvenile Court
This bill provides detailed guidance for placements of those
pupils who are on probation or are under the supervision of a
probation officer. This bill references existing requirements
under the Welfare and Institutions Code that requires the
educational rights holder, when placing these pupils, to place
the child in the least restrictive educational programs,
consider whether the child has access to the academic resources,
services, and extracurricular and enrichment activities that are
available to all pupils, and ensure that all "school placement
decisions ? [are] based on the best interests of the child."
This bill extend procedures established under the California
Rules of Court as they relate to the rights of children in a
judicial proceeding to the placement of a pupil even when
outside of a court proceeding. The procedure set forth in the
rules of court require the court to consider a number of
specified factors when placing the pupil and require the court
to identify a plan for meeting those needs, and provide a clear,
written statement to that end. The Rules of Court also require
written reports with specified information from the pupil's
social worker and probation officer. In this context, a
probation officer's decision to place a pupil in a county
community school would be affected even when made outside of a
court setting. This bill would permit the educational rights
holder to require the school district and probation officer to
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follow the complex processes set forth in the Rules of Court.
Because of the tremendous burden this language would impose and
the imposition of rules and procedures deigned only for use in
judicial hearings, the committee may wish to consider removing
all of subparagraph E, of paragraph 1, of subsection c, of
section 1981 of this bill.
The committee also recommends a number of technical and
clarifying amendments.
Arguments in Support.
While county community and community day schools were designed
to help at-risk students get back on educational track, recent
studies have highlighted gaps in the ability of these schools to
effectively help students reach their academic goals. One such
gap exists in the lack of clarity and information given to
students and parents during the transfer process.
Unfortunately, too many students are being involuntarily placed
into county community and community day schools without
receiving information about their educational rights and with no
clear understanding of their ability to return to a traditional
school setting. Additionally students are being "pushed out" of
their current school without a process for ensuring that the new
school placement fits his or her educational needs. This bill
will establish a transfer process with built in safeguards that
help ensure due process for students, re-establish the role of
these schools as temporary rehabilitative placements, and ensure
that students and parents have a meaningful say in choosing a
school that is the best educational fit for the student.
Arguments in Opposition.
While the opponents are respectful of the author's desire to
protect the due process and educational rights of pupils, they
are concerned that the language of this bill is far too
restrictive of the districts' authority to appropriately place
the pupils for whom they are responsible. Additionally,
opponents of this bill contend that the authority of the school
attendance review board (SARB) is unnecessarily compromised and
would, in effect, register that body powerless. The absence or
ineffectiveness of the SARB, would make enforcement of
California's compulsory attendance laws nearly impossible.
REGISTERED SUPPORT / OPPOSITION :
Support
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American Civil Liberties Union (ACLU) of California (Sponsor)
Youth Justice Coalition (Co-Sponsor)
Advancement Project
Brothers, Sons, Selves Coalition
California County Superintendents Educational Services
Association
California Families to Abolish Solitary Confinement
California Latino School Boards Association
California Rural Legal Assistance
Californians United for a Responsible Budget
Centro C.H.A., Inc.
Children's Defense Fund, California
Children Now
Community Asset Development Redefining Education
Critical Resistance
Families in Good Health
Fight Crime, Invest in Kids
Gay and Lesbian Community Services Center of Orange County
Gay-Straight Alliance Network
Humboldt County Office of Education
Individuals
Justice Now
Labor/Community Strategy Center's Community Rights Campaign
Legal Advocates for Children and Youth
Legal Services for Children
Legal Services for Prisoners with Children
Liberty Hill Foundation
Los Angeles Community Action Network
Los Angeles Unified School District (Support if amended)
Mills Legal Clinic of Stanford University School of Law
National Center for Lesbian Rights
National Center for Youth Law
National Juvenile Justice Network
Orange County Department of Education
Policy Link
Public Counsel
Public Interest Law Firm
Violence Prevention Coalition of Greater Los Angeles
W. Haywood Burns Institute
Weingart East Los Angeles YMCA
Youth Law Center
Youth Leadership Institute
Many individuals
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Opposition
Association of California School Administrators (Oppose Unless
Amended)
California School Boards Association (Oppose Unless Amended)
An individual
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087