Amended in Assembly July 1, 2014

Amended in Assembly June 16, 2014

Amended in Senate April 21, 2014

Senate BillNo. 1111


Introduced by Senator Lara

February 19, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

SB 1111, as amended, Lara. Pupils: involuntary transfer: county community 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, that the pupil’s educational needs will be met by the county community school, and that the parent, guardian, or responsible adult of the pupil does not expressly object to the referral based on specified reasons. The bill would authorize the school district to either address the express objections or find an alternative placement in another comprehensive or continuation school within the school district, or, after offering the pupil all other options, refer the pupil to the county community school. 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 specify the period of time during which the pupil has the right to return. The bill would allow enrollment of certain other pupils in a county community school with the consent of the pupil’s parent, guardian, or responsible adult. 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) This bill would provide a pupil who has been involuntarily enrolled in a county community 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.

(4) 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 decides 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 of the pupil 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.

(5) 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:

P3    1

SECTION 1.  

Section 1981 of the Education Code is amended
2to read:

3

1981.  

The county board of education may enroll pupils in a
4county community school who are any of the following:

5(a) Expelled from a school district for any reason other than
6those specified in subdivision (a) or (c) of Section 48915.

7(b) (1) Referred to a county community school by a school
8district as a result of the recommendation by a school attendance
P4    1review board. A pupil shall not be referred to a county community
2school by a school district pursuant to this subdivision unless the
3school district and the county office of education determine all of
4the following:

5(A) The county community school has space available to enroll
6the pupil.

7(B) The county community school meets the educational needs
8of the pupil.

9(C) (i) The parent, guardian, or responsible adult of the pupil
10has not expressly objected to the referral based on one or more of
11the following reasons:

12(I) Reasonable concerns related to the pupil’s safety.

13(II) Geographic accessibility.

14(III) Inability to transport.

15(IV) The school does not meet the pupil’s educational needs.

16(ii) The school district may require the objection to be in writing
17ifbegin delete the school district has, in writing,end deletebegin insert it hasend insert advised the parent,
18guardian, or responsible adult that they may objectbegin insert, in writing,end insert for
19one ofbegin delete the reasons described in subclauses (I) to (IV), inclusive,
20of clause (ii)end delete
begin insert these reasonsend insert.

21(2) If the county community school recommended pursuant to
22paragraph (1) is not geographically accessible to the pupil, the
23school attendance review board shall also include in its
24recommendation a school option for the pupil that is geographically
25accessible to the pupil and meets the criteria specified in paragraph
26(1).

27(3) If the parent, guardian, or responsible adult of the pupil
28objects for any of the reasons described in subclauses (I) to (IV),
29inclusive, of clausebegin delete (ii)end deletebegin insert (i)end insert of subparagraph (C) of paragraph (1),
30the school district may either address the express objection or find
31an alternative placement in another comprehensive or continuation
32school within the school district. If the school district has offered
33the pupil all other options, the school district may refer the pupil
34to the county community school.

35(4) The pupil has the right to return to his or her prior school or
36another appropriate school within his or her school district at the
37end of the semester following the semester when the acts leading
38to referral occurred. The right to return shall continue until the
39begin delete pupil turns 19 years of age,end deletebegin insert end of the pupil’s 18th year of age,end insert
40 except that a pupil with exceptional needs, consistent with Section
P5    156041 of this code and Section 1412(a)(1)(A) of Title 20 of the
2United States Code, shall have the right to return until he or she
3turns 22 years of age.

4(c) (1) (A) On probation, with or without the supervision of a
5probation officer and consistent with an order of a juvenile court,
6who are considered to be wards of the court under Sections 601
7and 602 of the Welfare and Institutions Code and ordered placed
8pursuant to Sections 725, 729.2, and 791 of, and paragraph (2) of
9subdivision (a) of Section 727 of, the Welfare and Institutions
10Code.

11(B) Under the supervision of a probation officer, with the
12consent of the minor and the minor’s parent or guardian, pursuant
13to Section 654 of the Welfare and Institutions Code.

14(C) Under the supervision of a probation officer pursuant to
15Section 726 and paragraph (3) of subdivision (a) of Section 727
16of the Welfare and Institutions Code with the consent of the pupil’s
17parent, guardian, or responsible adult appointed by the juvenile
18court to make educational decisions for the pupil. The enrollment
19of a minor covered by this paragraph in a county community school
20shall be consistent with paragraph (2) of subdivision (c) of Section
21726 of the Welfare and Institutions Code, which provides that all
22educational and school placement decisions shall seek to ensure
23that the youth is in the least restrictive educational program, has
24 access to the academic resources, services, and extracurricular and
25enrichment activities that are available to all pupils, and are based
26on the best interests of the child.

27(D) Unless specifically ordered by a juvenile court, nothing in
28this subdivision shall be construed to conflict with the existing
29rights of a parent, guardian, or responsible adult appointed by the
30juvenile court pursuant to Section 726 of the Welfare and
31Institutions Code to make educational placement decisions for the
32minor.

33(E) With respect to a pupil’s enrollment in a county community
34school pursuant to subparagraph (B) or (C), and consistent with
35paragraph (2) of subdivision (c) of Section 726 of the Welfare and
36Institutions Code and California Rule of Court 5.651, all of the
37following shall apply:

38(i) The attorney for, or the person holding the educational rights
39of, a pupil who is under the jurisdiction of the delinquency court
40may use the procedures set forth in California Rule of Court 5.651
P6    1to address any change of placement that results in the enrollment
2of the pupil in a county community school that is not his or her
3school of origin.

4(ii) The attorney or the person holding the educational rights
5appointed by the court for a pupil who is under the jurisdiction of
6the delinquency court may, during a regularly scheduled hearing,
7raise any concerns with respect to whether the enrollment of the
8pupil in a county community school is meeting the educational
9needs of the pupil.

10(iii) Nothing in this subparagraph is intended to limit in any
11way the rights or responsibilities of any person as set forth in
12 paragraph (2) of subdivision (c) of Section 726 of the Welfare and
13Institutions Code and California Rule of Court 5.651.

14(2) On probation or parole and not in attendance at any school,
15where enrollment is with the consent of the parent, guardian, or
16responsible adult, or the pupil, if he or she is 18 years of age or
17older. Nothing in this subdivision shall impact the provision of
18services or funding for youth up to 25 years of age pursuant to
19subdivision (b) of Section 1982, as that section read on September
2025, 2013.

21(3) Expelled for any of the reasons specified in subdivision (a)
22or (c) of Section 48915.

23(4) Enrollment in a county community school pursuant to this
24subdivision shall be consistent with subdivision (b) of Section
2548645.5.

26(d) Pupils whose school districts of attendance, or, for pupils
27who do not have school districts of attendance, school districts of
28residence, have, at the request of the pupil’s parent, guardian, or
29responsible adult, approved the pupil’s enrollment in a county
30community school, subject to the following:

31(1) A pupil shall not be enrolled in a county community school
32pursuant to this subdivision unless the school district determines
33that the placement will promote the educational interests of the
34pupil and the county community school has space available to
35enroll the pupil.

36(2) A parent, guardian, or responsible adult of a pupil enrolled
37in a county community school pursuant to this subdivision may
38rescind the request for the placement, and the pupil shall be
39immediately reenrolled in the school that the pupil attended at the
P7    1time of the referral, or, with the consent of the parent, guardian,
2or responsible adult, another appropriate school.

3(e) The procedures outlined in subdivisions (b) to (e), inclusive,
4of Section 51225.2 govern the transfer of credits, records, including
5special education records, and grades required pursuant to
6subdivision (a) of Section 48645.5 and Section 49068 when the
7pupil transfers to and from the county community school.

8(f) For purposes of this section, “geographically accessible”
9means that the pupil can reasonably travel to and from the school
10and is able to pay for any transportation costs that are above and
11beyond the costs to attend his or her school of residence or prior
12school, whichever is farther away.

13

SEC. 2.  

Section 1981.2 of the Education Code is repealed.

14

SEC. 3.  

Section 1981.5 is added to the Education Code, to
15read:

16

1981.5.  

(a) A pupil who is involuntarily enrolled in a county
17community school pursuant to subdivision (a) of, or subparagraph
18(A) of paragraph (1) or paragraph (3) of subdivision (c) of, Section
191981 shall have the right to reenroll in his or her former school or
20another comprehensive school immediately after being readmitted
21from the expulsion order pursuant to Section 48916 or
22court-ordered placement. Nothing in this section is intended to
23limit the school placement options that a school district may
24recommend for a pupil being readmitted.

25(b) Consistent with the process and procedures set forth in
26Section 48916, only the governing board of the school district that
27issued the initial order or subsequent order to expel may extend
28the duration of an expelled pupil’s placement in a county
29community school.

30

SEC. 4.  

Section 1983 of the Education Code is amended to
31read:

32

1983.  

(a) Pupils enrolled in county community schools shall
33be assigned to classes or programs deemed most appropriate for
34reinforcing or reestablishing educational development.

35(b) These classes or programs may include, but need not be
36limited to, basic educational skill development, on-the-job training,
37school credit recovery assistance, tutorial assistance, and individual
38guidance activities.

39(c) To the extent that independent study is determined to satisfy
40the individually planned educational program described in
P8    1subdivision (d) for a pupil attending a county community school,
2it shall meet all the requirements of Article 5.5 (commencing with
3Section 51745) of Chapter 5 of Part 28 of Division 4 of Title 2,
4including the requirement that entry into that program is voluntary.

5(d) An individually planned educational program based upon
6an educational assessment shall be prescribed for each pupil.

7(e) The course of study of a county community school shall be
8adopted by the county board of education and shall enable each
9pupil to continue academic work leading to the completion of a
10regular high school program.

11(f) Pursuant to Part 30 (commencing with Section 56000) of
12Division 4 of Title 2 of this code, Chapter 33 (commencing with
13Section 1400) of Title 20 of the United States Code, and
14accompanying state and federal regulatory provisions, county
15boards of education operating county community schools shall
16ensure that assessments are administered in all areas of suspected
17disability and appropriate services and programs, as specified in
18a pupil’s individualized education program, are provided.

19(g) County boards of education operating county community
20schools shall ensure that appropriate services and programs
21designed to address the language needs of pupils identified as
22English learners are provided in compliance with all applicable
23state and federal laws and regulatory provisions.

24

SEC. 5.  

Section 48918 of the Education Code is amended to
25read:

26

48918.  

The governing board of each school district shall
27establish rules and regulations governing procedures for the
28expulsion of pupils. These procedures shall include, but are not
29necessarily limited to, all of the following:

30(a) (1) The pupil shall be entitled to a hearing to determine
31whether the pupil should be expelled. An expulsion hearing shall
32be held within 30 schooldays after the date the principal or the
33superintendent of schools determines that the pupil has committed
34any of the acts enumerated in Section 48900, unless the pupil
35requests, in writing, that the hearing be postponed. The adopted
36rules and regulations shall specify that the pupil is entitled to at
37least one postponement of an expulsion hearing, for a period of
38not more than 30 calendar days. Any additional postponement may
39be granted at the discretion of the governing board of the school
40district.

P9    1(2) Within 10 schooldays after the conclusion of the hearing,
2the governing board of the school district shall decide whether to
3expel the pupil, unless the pupil requests in writing that the decision
4be postponed. If the hearing is held by a hearing officer or an
5administrative panel, or if the governing board of the school district
6does not meet on a weekly basis, the governing board of the school
7district shall decide whether to expel the pupil within 40 schooldays
8after the date of the pupil’s removal from his or her school of
9attendance for the incident for which the recommendation for
10expulsion is made by the principal or the superintendent of schools,
11unless the pupil requests in writing that the decision be postponed.

12(3) If compliance by the governing board of the school district
13with the time requirements for the conducting of an expulsion
14hearing under this subdivision is impracticable during the regular
15school year, the superintendent of schools or the superintendent’s
16designee may, for good cause, extend the time period for the
17holding of the expulsion hearing for an additional five schooldays.
18If compliance by the governing board of the school district with
19the time requirements for the conducting of an expulsion hearing
20under this subdivision is impractical due to a summer recess of
21governing board meetings of more than two weeks, the days during
22the recess period shall not be counted as schooldays in meeting
23the time requirements. The days not counted as schooldays in
24meeting the time requirements for an expulsion hearing because
25of a summer recess of governing board meetings shall not exceed
2620 schooldays, as defined in subdivision (c) of Section 48925, and
27unless the pupil requests in writing that the expulsion hearing be
28postponed, the hearing shall be held not later than 20 calendar days
29before the first day of school for the school year. Reasons for the
30extension of the time for the hearing shall be included as a part of
31the record at the time the expulsion hearing is conducted. Upon
32the commencement of the hearing, all matters shall be pursued
33and conducted with reasonable diligence and shall be concluded
34without any unnecessary delay.

35(b) Written notice of the hearing shall be forwarded to the pupil
36at least 10 calendar days before the date of the hearing. The notice
37shall include all of the following:

38(1) The date and place of the hearing.

39(2) A statement of the specific facts and charges upon which
40the proposed expulsion is based.

P10   1(3) A copy of the disciplinary rules of the school district that
2relate to the alleged violation.

3(4) A notice of the parent, guardian, or pupil’s obligation
4pursuant to subdivision (b) of Section 48915.1.

5(5) Notice of the opportunity for the pupil or the pupil’s parent
6or guardian to appear in person or to be represented by legal
7counsel or by a nonattorney adviser, to inspect and obtain copies
8of all documents to be used at the hearing, to confront and question
9all witnesses who testify at the hearing, to question all other
10evidence presented, and to present oral and documentary evidence
11on the pupil’s behalf, including witnesses. In a hearing in which
12a pupil is alleged to have committed or attempted to commit a
13sexual assault as specified in subdivision (n) of Section 48900 or
14to have committed a sexual battery as defined in subdivision (n)
15of Section 48900, a complaining witness shall be given five days’
16notice before being called to testify, and shall be entitled to have
17up to two adult support persons, including, but not limited to, a
18parent, guardian, or legal counsel, present during his or her
19testimony. Before a complaining witness testifies, support persons
20shall be admonished that the hearing is confidential. This
21subdivision shall not preclude the person presiding over an
22expulsion hearing from removing a support person whom the
23presiding person finds is disrupting the hearing. If one or both of
24the support persons is also a witness, the provisions of Section
25868.5 of the Penal Code shall be followed for the hearing. This
26section does not require a pupil or the pupil’s parent or guardian
27to be represented by legal counsel or by a nonattorney adviser at
28the hearing.

29(A) For purposes of this section, “legal counsel” means an
30attorney or lawyer who is admitted to the practice of law in
31California and is an active member of the State Bar of California.

32(B) For purposes of this section, “nonattorney adviser” means
33an individual who is not an attorney or lawyer, but who is familiar
34with the facts of the case, and has been selected by the pupil or
35pupil’s parent or guardian to provide assistance at the hearing.

36(c) (1) Notwithstanding Section 35145, the governing board of
37the school district shall conduct a hearing to consider the expulsion
38of a pupil in a session closed to the public, unless the pupil
39requests, in writing, at least five days before the date of the hearing,
40that the hearing be conducted at a public meeting. Regardless of
P11   1whether the expulsion hearing is conducted in a closed or public
2session, the governing board of the school district may meet in
3closed session for the purpose of deliberating and determining
4whether the pupil should be expelled.

5(2) If the governing board of the school district or the hearing
6officer or administrative panel appointed under subdivision (d) to
7conduct the hearing admits any other person to a closed deliberation
8session, the parent or guardian of the pupil, the pupil, and the
9counsel of the pupil also shall be allowed to attend the closed
10deliberations.

11(3) If the hearing is to be conducted at a public meeting, and
12there is a charge of committing or attempting to commit a sexual
13assault as defined in subdivision (n) of Section 48900 or to commit
14a sexual battery as defined in subdivision (n) of Section 48900, a
15complaining witness shall have the right to have his or her
16testimony heard in a session closed to the public when testifying
17at a public meeting would threaten serious psychological harm to
18the complaining witness and there are no alternative procedures
19to avoid the threatened harm, including, but not limited to,
20videotaped deposition or contemporaneous examination in another
21place communicated to the hearing room by means of closed-circuit
22television.

23(d) Instead of conducting an expulsion hearing itself, the
24governing board of the school district may contract with the county
25hearing officer, or with the Office of Administrative Hearings
26pursuant to Chapter 14 (commencing with Section 27720) of Part
273 of Division 2 of Title 3 of the Government Code and Section
2835207 of this code, for a hearing officer to conduct the hearing.
29The governing board of the school district may also appoint an
30impartial administrative panel of three or more certificated persons,
31none of whom is a member of the governing board of the school
32district or employed on the staff of the school in which the pupil
33is enrolled. The hearing shall be conducted in accordance with all
34of the procedures established under this section.

35(e) Within three schooldays after the hearing, the hearing officer
36or administrative panel shall determine whether to recommend the
37expulsion of the pupil to the governing board of the school district.
38If the hearing officer or administrative panel decides not to
39recommend expulsion, the expulsion proceedings shall be
40terminated and the pupil immediately shall be reinstated and
P12   1permitted to return to the classroom instructional program from
2which the expulsion referral was made, unless the parent, guardian,
3or responsible adult of the pupil requests another school placement
4in writing. Before the placement decision is made by the parent,
5guardian, or responsible adult, the superintendent of schools or
6the superintendent’s designee shall consult with school district
7personnel, including the pupil’s teachers, and the parent, guardian,
8or responsible adult regarding any other school placement options
9for the pupil in addition to the option to return to his or her
10classroom instructional program from which the expulsion referral
11was made. If the hearing officer or administrative panel finds that
12the pupil committed any of the acts specified in subdivision (c) of
13Section 48915, but does not recommend expulsion, the pupil shall
14be immediately reinstated and may be referred to his or her prior
15school or another comprehensive school, or, pursuant to the
16procedures set forth in Section 48432.5, a continuation school of
17the school district. The decision not to recommend expulsion shall
18be final.

19(f) (1) If the hearing officer or administrative panel recommends
20expulsion, findings of fact in support of the recommendation shall
21be prepared and submitted to the governing board of the school
22district. All findings of fact and recommendations shall be based
23solely on the evidence adduced at the hearing. If the governing
24board of the school district accepts the recommendation calling
25for expulsion, acceptance shall be based either upon a review of
26the findings of fact and recommendations submitted by the hearing
27officer or panel or upon the results of any supplementary hearing
28conducted pursuant to this section that the governing board of the
29school district may order.

30(2) The decision of the governing board of the school district
31to expel a pupil shall be based upon substantial evidence relevant
32to the charges adduced at the expulsion hearing or hearings. Except
33as provided in this section, no evidence to expel shall be based
34solely upon hearsay evidence. The governing board of the school
35district or the hearing officer or administrative panel may, upon a
36finding that good cause exists, determine that the disclosure of
37either the identity of a witness or the testimony of that witness at
38the hearing, or both, would subject the witness to an unreasonable
39risk of psychological or physical harm. Upon this determination,
40the testimony of the witness may be presented at the hearing in
P13   1the form of sworn declarations that shall be examined only by the
2governing board of the school district or the hearing officer or
3administrative panel. Copies of these sworn declarations, edited
4to delete the name and identity of the witness, shall be made
5available to the pupil.

6(g) A record of the hearing shall be made. The record may be
7maintained by any means, including electronic recording, so long
8as a reasonably accurate and complete written transcription of the
9proceedings can be made.

10(h) (1) Technical rules of evidence shall not apply to the
11hearing, but relevant evidence may be admitted and given probative
12effect only if it is the kind of evidence upon which reasonable
13persons are accustomed to rely in the conduct of serious affairs.
14A decision of the governing board of the school district to expel
15shall be supported by substantial evidence showing that the pupil
16committed any of the acts enumerated in Section 48900.

17(2) In hearings that include an allegation of committing or
18attempting to commit a sexual assault as defined in subdivision
19(n) of Section 48900 or to commit a sexual battery as defined in
20subdivision (n) of Section 48900, evidence of specific instances,
21of a complaining witness’ prior sexual conduct is to be presumed
22inadmissible and shall not be heard absent a determination by the
23person conducting the hearing that extraordinary circumstances
24exist requiring the evidence be heard. Before the person conducting
25the hearing makes the determination on whether extraordinary
26circumstances exist requiring that specific instances of a
27complaining witness’ prior sexual conduct be heard, the
28complaining witness shall be provided notice and an opportunity
29to present opposition to the introduction of the evidence. In the
30hearing on the admissibility of the evidence, the complaining
31witness shall be entitled to be represented by a parent, guardian,
32legal counsel, or other support person. Reputation or opinion
33evidence regarding the sexual behavior of the complaining witness
34is not admissible for any purpose.

35(i) (1) Before the hearing has commenced, the governing board
36of the school district may issue subpoenas at the request of either
37the superintendent of schools or the superintendent’s designee or
38the pupil, for the personal appearance of percipient witnesses at
39the hearing. After the hearing has commenced, the governing board
40 of the school district or the hearing officer or administrative panel
P14   1may, upon request of either the county superintendent of schools
2or the superintendent’s designee or the pupil, issue subpoenas. All
3subpoenas shall be issued in accordance with Sections 1985,
41985.1, and 1985.2 of the Code of Civil Procedure. Enforcement
5of subpoenas shall be done in accordance with Section 11455.20
6of the Government Code.

7(2) Any objection raised by the superintendent of schools or the
8superintendent’s designee or the pupil to the issuance of subpoenas
9may be considered by the governing board of the school district
10in closed session, or in open session, if so requested by the pupil
11before the meeting. Any decision by the governing board of the
12school district in response to an objection to the issuance of
13subpoenas shall be final and binding.

14(3) If the governing board of the school district, hearing officer,
15or administrative panel determines, in accordance with subdivision
16(f), that a percipient witness would be subject to an unreasonable
17risk of harm by testifying at the hearing, a subpoena shall not be
18issued to compel the personal attendance of that witness at the
19hearing. However, that witness may be compelled to testify by
20means of a sworn declaration as provided for in subdivision (f).

21(4) Service of process shall be extended to all parts of the state
22and shall be served in accordance with Section 1987 of the Code
23of Civil Procedure. All witnesses appearing pursuant to subpoena,
24other than the parties or officers or employees of the state or any
25political subdivision of the state, shall receive fees, and all
26 witnesses appearing pursuant to subpoena, except the parties, shall
27receive mileage in the same amount and under the same
28circumstances as prescribed for witnesses in civil actions in a
29superior court. Fees and mileage shall be paid by the party at whose
30request the witness is subpoenaed.

31(j) Whether an expulsion hearing is conducted by the governing
32board of the school district or before a hearing officer or
33administrative panel, final action to expel a pupil shall be taken
34only by the governing board of the school district in a public
35session. Written notice of any decision to expel or to suspend the
36enforcement of an expulsion order during a period of probation
37shall be sent by the superintendent of schools or his or her designee
38to the pupil or the pupil’s parent or guardian and shall be
39accompanied by all of the following:

P15   1(1) Notice of the right to appeal the expulsion to the county
2board of education.

3(2) Notice of the education alternative placement to be provided
4to the pupil during the time of expulsion.

5(3) Notice of the obligation of the parent, guardian, or pupil
6under subdivision (b) of Section 48915.1, upon the pupil’s
7enrollment in a new school district, to inform that school district
8of the pupil’s expulsion.

9(k) (1) The governing board of the school district shall maintain
10a record of each expulsion, including the cause for the expulsion.
11Records of expulsions shall be nonprivileged, disclosable public
12records.

13(2) The expulsion order and the causes for the expulsion shall
14be recorded in the pupil’s mandatory interim record and shall be
15forwarded to any school in which the pupil subsequently enrolls
16upon receipt of a request from the admitting school for the pupil’s
17school records.

18

SEC. 6.  

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.



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