BILL ANALYSIS Ó SB 1111 Page 1 SENATE THIRD READING SB 1111 (Lara) As Amended July 1, 2014 Majority vote SENATE VOTE :24-11 EDUCATION 5-1 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Buchanan, Gonzalez, |Ayes:|Gatto, Bocanegra, | | |Nazarian, Weber, Williams | |Bradford, Ian Calderon, | | | | |Campos, Eggman, Gomez, | | | | |Holden, Pan, Quirk, | | | | |Ridley-Thomas, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Chávez |Nays:|Bigelow, Donnelly, Jones, | | | | |Linder, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Amends the process for referral to and programs offered within county community schools. Specifically, this bill : 1)Prohibits a school district upon the recommendation of a school attendance review board (SARB), from referring a pupil for placement in a county community school unless the school district and county office of education make a determination using specified criteria. 1)Requires, if the county community school to which a pupil has been referred is not geographically accessible to the pupil, the SARB to include in its recommendation a school option for the pupil that is geographically accessible and meets the same criteria as set forth in the previous paragraph and defines the term "geographically accessible." 2)Specifies that if a parent, guardian, or responsible adult of the pupil objects to the placement recommended by the school district, as specified, the school district may either address SB 1111 Page 2 the express objection or find an alternative placement in another comprehensive or continuation school within the school district; the bill further specifies that if the school district has offered the pupil all other options, the school district may refer the pupil to the county community school. This bill also permits the school district to require such objections to be in writing, as specified. 3)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, as specified. 4)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. 5)Repeals language that allows districts and county offices of education to enroll pupils in county community schools on the basis of the pupil's status as homeless, and the language that defines "homeless children." 6)Specifies the conditions that apply when a pupil is voluntarily placed in a community day school. 7)States that pupils who have been involuntarily transferred to county community school, as specified, shall have the right to reenroll in his or her former school or another comprehensive school immediately after being readmitted from the expulsion order but clarifies that nothing in this section is intended to limit the school placement options that a school district may recommend for a pupil being readmitted. 8)Restates and specifies existing provisions of law, including provisions relating to independent study, the extension of an expelled pupil's placement in a county community school, SB 1111 Page 3 assessments in areas of suspected disabilities, appropriate services and programs for English learners, and the inclusion of school credit recovery assistance. 9)Changes the requirement that in the instance where a hearing officer or administrative panel decides not to recommend expulsion. Current law requires the pupil be 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 instead requires the pupil be reinstated and permitted to return to the classroom instructional program from which the expulsion referral was made, unless the parent, guardian, or responsible adult of the pupil requests another school placement in writing. If a parent requests another placement, this measure requires 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. 10)Specifies that if the hearing officer or administrative panel finds that the pupil committed specified acts, including but not limited to, possessing a firearm, brandishing a knife, and selling a controlled substance, but does not recommend expulsion, the pupil shall be immediately reinstated but may be referred to his or her school, another comprehensive school, or a continuation school of the school district. 11)Makes technical and non-substantive changes to these sections. EXISTING LAW : 1)Authorizes the county board of education to establish and maintain one or more community schools. SB 1111 Page 4 2)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, recommend a plan of rehabilitation for the pupil, and set a date when the pupils will be reviewed for readmission. The district is the only program required to be provided to expelled pupils but permits the governing board of the school district, at the time expulsion is ordered, to provide additional programmatic options for the expelled pupil. 3)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. 4)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. 5)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. 6)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. 7)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. SB 1111 Page 5 FISCAL EFFECT : According to the Assembly Appropriations Committee, there are potential state reimbursable mandated General Fund/Proposition 98 costs, likely in the low hundreds of thousands of dollars, for school districts and County Offices of Education (COEs) to meet the requirements of this bill. The majority of the requirements in this bill are clarifying, to provide a nexus between pupils being adjudicated in a court and their educational placement decisions. However, to the extent school districts and COEs need to alter their current pupil referral processes, including revision of the rules and regulations governing procedures for the expulsion of pupils, costs will be incurred. 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. 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. 2012-13 enrollment numbers show African-American and Latino youth comprise 68% of total county community school enrollment. Readmission: This bill specifies that if a pupil is involuntarily placed in a county community 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. SB 1111 Page 6 The school district may also recommend continued placement in a county community school, but a pupil's parent, guardian, or responsible adult, may object to this placement. However, the ultimate placement decision rests with the school district. 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. 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 must comply with all other laws governing independent study programs. Instructional Content: This bill encourages, but does not require, county community schools to include credit recovery assistance within their programs. For example, a county community school could assign a student who has failed courses or is at risk of falling behind on graduation credits, credit recovery courses. Appropriate Services: This bill emphasizes the need for county community schools to ensure that pupils enrolled in 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 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 county boards of education operating community schools 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. SB 1111 Page 7 Homeless Children and Youth: This bill repeals language that allows districts and county offices of education to enroll pupils in county community 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. Analysis Prepared by : Jill Rice / ED. / (916) 319-2087 FN: 0004782