BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 1111
AUTHOR: Lara
AMENDED: April 21, 2014
FISCAL COMM: Yes HEARING DATE: April 24, 2014
URGENCY: No CONSULTANT:Lenin Del Castillo
SUBJECT : County community schools.
SUMMARY
This bill amends the process for referrals to a county community
school and 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.
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)
Community day school
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)
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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 et. seq.)
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.
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
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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 inter-district 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
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
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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 amends the process for referrals to a county community
school and 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.
Specifically, this bill:
1) Prohibits a school district from referring a pupil for
placement in a county community school unless the school
district, in consultation with the county community school,
determines the following:
a) The county community school has space available
for that pupil's enrollment.
b) 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.
c) The parent, guardian, or responsible adult of the
pupil has not expressly objected to the referral.
2) Requires the school attendance review board (SARB) to
include in its recommendation a placement option for the
pupil that is geographically accessible to him or her if
the pupil is referred for placement in a county community
school that is not geographically accessible to that pupil.
3) Restricts 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
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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.
4) Removes from the list of eligible pupils for referral to
a county community school, those pupils who are dependent
children of the juvenile courts, as specified.
5) Specifies that a child's placement in a county community
school may be examined in a judicial hearing in which the
placement is made or concerns of the placement are raised,
as specified.
6) Provides that if a pupil who is involuntarily enrolled
in a county community school, the pupil has 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.
7) Adds "school credit recovery assistance" to the list of
authorized classes or programs of community schools.
8) 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.
9) Requires 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.
10) Requires 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
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with all applicable state and federal laws and regulatory
provisions.
11) 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, a rehabilitation program, or any
combination of those programs).
12) 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.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
students are involuntarily transferred to county community
and community day schools with minimal consideration as to
whether the placement is the appropriate educational fit
for the student or whether there is even space for the
student. This may occur without due process and without
ensuring that a parent or guardian's right to choose a
school for their child is protected.
2) Arguments in support . Sponsors of the bill indicate that
the bill is intended to establish a clear and transparent
transfer process with built-in safeguards to reduce
improper transfers and ensure that both students and
parents have a meaningful say in the student's academic
success. The confusion around the transfer process and
lack of safeguards for students who desire to return to a
traditional school has resulted in too many students either
leaving school altogether or attending a school that cannot
meet their educational needs. Such transfers
disproportionally affect students of color who make up a
majority of these schools' populations. According to the
sponsors, while county community schools are only supposed
to be short-term placements, students who have been
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involuntarily transferred are either prohibited from
returning to a comprehensive school or are faced with
hurdles to returning to a district school.
3) Appropriate educational fit . 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 prohibits the referral of a student to
a county community school unless the school district and
county office of education make certain determinations,
including whether the county community school meets the
educational needs of the student and if there is space
available. These determinations may help ensure placements
are the appropriate educational fits for these students.
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 a court
order. The right of re-enrollment pursuant to this bill is
to the student's former school or another comprehensive
school immediately after readmission from the expulsion
order or court-ordered placement.
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 school
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. School districts are
also 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 establishes the right for a student to reenroll
in his or her former school, 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.
5) Previous related legislation . SB 744 (Lara), introduced in
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2013, is substantially similar to this measure. SB 744
passed this Committee on a 7-1 vote but was eventually
vetoed by the Governor with the following message:
"This bill imposes new and rather specific
requirements on the way local schools handle
disruptive students.
The recently enacted Local Control Funding Formula has
created a new regime of greater equity and increased
accountability at the local level. I'm putting my
trust in the skill and good faith of local educators
to manage the issues that are the subject of this bill
in a caring and responsible way."
Unlike SB 744, the provisions of SB 1111 do not apply to
community day schools. It is unclear whether this change
would address the concerns raised in the Governor's veto
message.
6) Local Control Funding Formula . The Local Control Funding
Formula (LCFF), enacted as part of the 2013-14 Budget Act,
is a significant reform to the state's system of financing
K-12 public schools. The LCFF replaces the prior system of
revenue limits and restricted funding for a multitude of
categorical programs with a funding formula that provides
base funding for the core educational needs of all students
and supplemental funding for the additional educational
needs of low-income students, English learners, and foster
youth. Under the LCFF, there are limited spending
restrictions and local education agencies (LEAs) have
considerable flexibility to direct resources to best meet
their students' needs.
Although LEAs have considerably more flexibility in how
they spend their resources under LCFF compared to the
previous funding system, the law requires an LEA:
"...to increase or improve services for unduplicated
pupils [low-income
students, English learners, and foster youth] in proportion
to the increase in
funds apportioned on the basis of the number and
concentration of
unduplicated pupils in the school district, county office
of education, or
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charter school."
Under the previous system, revenue limits provided LEAs
with discretionary (unrestricted) funding for general
education purposes, and categorical program (restricted)
funding was provided for specialized purposes, with each
program having unique allocation and spending requirements.
Revenue limits made up about two-thirds of state funding
for schools, while categorical program funding made up the
remaining one-third portion.
SUPPORT
Advancement Project
American Civil Liberties Union (sponsor)
Black Parallel School Board
Centro CHA, Inc.
Children Now (co-sponsor)
Children's Defense Fund-California
Families in Good Health
Gay-Straight Alliance Network
Labor/Community Strategy Center
Legal Services for Children
National Association of Social Workers
Peace Over Violence
San Francisco Counsel for Families and Children
W. Haywood Burns Institute
Youth and Education Law Project, Mills Legal Clinic
Youth Justice Coalition (co-sponsor)
Youth Law Center (co-sponsor)
Letter from an individual
OPPOSITION
None on file.