BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1111
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          SENATE THIRD READING
          SB 1111 (Lara)
          As Amended  July 1, 2014
          Majority vote

           SENATE VOTE  :24-11  
           
           EDUCATION           5-1         APPROPRIATIONS      12-5        
           
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          |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  








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            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,  








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            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.










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          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.  








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           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.   








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          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.








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          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 


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