BILL ANALYSIS Ó
SB 322
Page 1
Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB
322 (Leno) - As Amended July 8, 2015
SENATE VOTE: 24-15
SUBJECT: Charter schools: pupils: suspension and expulsion:
admissions: departures.
SUMMARY: Modifies the provision for extending preferences for
charter school admissions and establishes requirements for
suspension and expulsion procedures. Specifically, this bill:
1)Authorizes other preferences for enrollment on an individual
charter school basis in accordance with all of the following:
a) Each type of preference shall be approved by the charter
school at a public hearing.
b) Preferences shall be consistent with federal law,
California Constitution, and Education Code Section 200.
c) Preferences shall not result in limiting enrollment
access for pupils with disabilities, academically
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low-achieving pupils, English learners, neglected or
delinquent pupils, homeless pupils, or pupils who are
economically disadvantaged, as determined by eligibility
for any free or reduced-price meal program.
d) Preferences shall not require mandatory parental
volunteer hours as a criterion for admission or continued
enrollment.
2)Requires a charter school petition's descriptions of
suspension and expulsion procedures to do the following:
a) Identify the list of acts for which a pupil enrolled in
a charter school may be suspended or expelled.
b) Identify suspension and expulsion procedures, including
the maximum length of time for which a pupil may be
suspended. Requires the procedures to also accommodate the
rights of pupils with disabilities, consistent with federal
law.
3)Requires charter school suspension and expulsion procedures to
meet the following minimum requirements:
a) The procedures shall comply with federal and state
constitutional due process requirements, including
providing notice and an opportunity to be heard.
b) For expulsions, the procedures shall ensure all of the
following:
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i) The pupil is entitled to a formal hearing to
determine if the pupil shall be expelled.
ii) At least 10 days before the proposed hearing date,
the pupil shall be provided written notice of the
hearing, which, at a minimum, identifies the date and
place of the hearing, a statement of specific facts and
charges upon which the proposed expulsion is based, a
copy of the disciplinary rules that relate to the alleged
violation, and the notice of the procedures that will
govern the hearing, including those specifying the right
to appear in person, have representation, inspect
documents and question witnesses.
iii) Before the hearing has commenced, the governing
board of the school district may issue subpoenas at the
request of either the charter school principal or the
charter school principal's designee or the pupil, for the
personal appearance of percipient witnesses at the
hearing. Any objection raised by the charter school
principal or the charter school principal's designee or
the pupil to the issuance of subpoenas may be considered
by the individual, panel, or board conducting the formal
hearing, if so requested by the pupil before the hearing.
Any decision by the individual, panel, or board
conducting the formal hearing in response to an objection
to the issuance of subpoenas shall be final and binding.
Service of process shall be extended to all parts of the
state and shall be served in accordance with Section 1987
of the Code of Civil Procedure. All witnesses appearing
pursuant to a subpoena, other than the parties or
officers or employees of the state or any political
subdivision of the state, shall receive fees, and all
witnesses appearing pursuant to a subpoena, except the
parties, shall receive mileage in the same amount and
under the same circumstances as prescribed for witnesses
in civil actions in a superior court. Fees and mileage
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shall be paid by the party at whose request the witness
is subpoenaed.
iv) The hearing shall be held in a forum that is closed
to the public, unless the pupil requests in writing at
least five days before the date of the hearing that the
hearing be open to the public.
v) The hearing shall be held within 30 schooldays after
the date that the charter school principal determines
that the pupil has committed any of the expellable acts
identified in the charter, unless the pupil requests in
writing that the hearing be postponed. A pupil shall be
entitled to at least one postponement of an expulsion
hearing, for a period of not more than 30 calendar days.
Any additional postponement may be granted at the
discretion of the charter school. If compliance by the
charter school with the time requirement for conducting
the expulsion hearing is impracticable during the school
year, the charter school may, for good cause, extend the
time period for the holding of the expulsion hearing for
an additional five schooldays. If compliance with the
time requirement for conducting the expulsion hearing is
impractical due to a recess of more than two weeks, the
days during the recess period shall not be counted as
schooldays in meeting the time requirements, except that
the total number of schooldays not counted toward the
time requirements shall not exceed 20 schooldays, and
unless the pupil requests in writing that the expulsion
hearing be postponed, the hearing shall be held not later
than 20 calendar days before the first day of school for
the school year.
vi) At the hearing, the pupil or the pupil's parent or
guardian, or the pupil's educational rights holder if the
pupil is a foster child or youth or a homeless child or
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youth, has a right to appear in person or to be
represented by an attorney licensed to practice law in
California or by a nonattorney adviser, to inspect and
obtain copies of all documents to be used at the hearing,
to confront and question all witnesses who testify at the
hearing, to question all other evidence presented, and to
present oral and documentary evidence on the pupil's
behalf, including through witnesses. A record of the
hearing shall be made so that a reasonably accurate and
complete written transcription of the proceedings can be
made.
vii) Within 10 schooldays after the conclusion of the
formal hearing, the charter school shall decide whether
to expel the pupil, unless the pupil requests in writing
that the decision be postponed.
viii) If the individual, panel, or board conducting the
formal hearing determines that the pupil shall be
expelled, the individual, panel, or board shall issue a
written decision identifying the basis for the decision,
including all facts in support of the decision, which
shall be based upon substantial evidence relevant to the
charges adduced at the formal hearing and shall not
consist solely of hearsay evidence.
ix) Written notice of any decision to expel shall be
sent by the charter school to the pupil or the pupil's
parent or guardian, or the pupil's educational rights
holder if the pupil is a foster child or youth or a
homeless child or youth, and shall include notice of the
right to appeal the expulsion to the county board of
education and notice of the educational placement to be
provided to the pupil during the time of expulsion.
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x) A pupil may appeal the expulsion to the county board
of education with jurisdiction in the county in which the
charter school is located, and the appeal shall be
governed by Education Code Section 48919, except that the
pupil shall submit a written request for a copy of the
written transcripts and supporting documents related to
the expulsion and expulsion hearing to the charter school
and the charter school shall provide the pupil with the
transcripts, supporting documents, and records within 10
schooldays after the pupil's written request.
xi) The charter school shall ensure no loss of
instructional days for the pupil pending final
determination of the expulsion, including an appeal, if
one is filed, by providing the pupil access to
educational programming.
xii) Upon final determination to expel a pupil, the
charter school shall ensure the pupil is provided access
to educational programing until the charter school has
confirmed the pupil has been provided a suitable
educational placement.
4)Specifies that a pupil shall not be removed, involuntarily
dismissed, disenrolled, or terminated from a charter school
unless the charter school has complied with all of the
expulsion procedures specified in this bill.
5)Specifies that nothing in this bill is intended to restrict or
otherwise limit the rights available to pupils in charter
schools under other federal and state law. All such
protections shall apply with full force and effect.
6)Deletes the provision specifying that if a pupil is expelled
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or leaves the charter school without graduating or completing
the school year for any reason, the charter school shall
notify the superintendent of the school district of the
pupil's last known address within 30 days and shall provide
that school district with a copy of the cumulative record of
the pupil, including a transcript of grades or report card,
health information, and the reason for the pupil's departure.
7)Specifies that a charter school may encourage parental
involvement, but shall notify the parents and guardians of
applicant pupils and currently enrolled pupils that parental
involvement is not a requirement for acceptance to, or
continued enrollment at, the charter school.
8)Expresses the intent of the Legislature to ensure the
following:
a) Equal access to interested pupils at charter schools and
practices that discourage enrollment or disproportionately
push out segments of already enrolled pupils are
prohibited;
b) That charter school discipline policies are fair and
transparent; and,
c) That charter schools operate within the system of common
schools by remaining "? free, nonsectarian and open to all
students?,";
EXISTING LAW:
1)Establishes the Charter Schools Act of 1992 which authorizes a
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school district, a county board of education or the state
board of education (SBE) to approve or deny a petition for a
charter school to operate independently from the existing
school district structure as a method of accomplishing, among
other things, improved student learning. (Education Code (EC)
Sections 47600 and 47601)
2)Requires a charter school to admit all pupils who wish to
attend the school. Specifies that if the number of pupils who
wish to attend the charter school exceeds the school's
capacity, attendance, except for existing pupils of the
charter school, shall be determined by a public random
drawing. Specifies that preference shall be extended to
pupils currently attending the charter school and pupils who
reside in the county except as provided for in the Charter
School Facility Grant Program. Specifies that other
preferences may be permitted by the chartering authority on an
individual school basis and only if consistent with the law.
(EC Section 47605)
3)Requires a governing board of a school district to hold a
public hearing on the provisions of the charter no later than
30 days after receiving a petition and either grant or deny
the charter within 60 days of receipt of the petition.
Specifies that the governing board of a school district shall
not deny a petition for the establishment of a charter school
unless it makes written factual findings setting forth
specific facts to support the findings, including the
following, among others:
a) The petition does not contain reasonably comprehensive
description of the procedures by which pupils can be
suspended or expelled. (EC Section 47605)
4)Specifies that a charter school shall comply with charter
school laws but is otherwise exempt from the laws governing
school districts, except for all of the following:
a) Teacher participation in the State Teachers' Retirement
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System (STRS) and the Public Employees' Retirement System
(PERS) if the charter chooses to offer coverage in either
or both of those systems.
b) Access to loans from the Charter School Revolving Loan
Fund.
c) All laws establishing minimum age for public school
attendance.
d) The California Building Standards Code. (EC Section
47610)
5)Authorizes or requires a principal or a superintendent of
schools to suspend or expel a student committing any of a
number of specified acts. (EC Sections 48900, 48900.2,
48900.3, 48900.4, 48900.7, 48915)
6)Specifies the number of days a suspension can occur, the
procedures for notifying parents or guardians and the
requirement to hold a conference. (EC Section 48903, 48911)
7)Specifies the process for expulsion, the requirement for the
governing board to recommend a plan of rehabilitation for the
pupil at the time of the expulsion order, the process for
readmission, the requirement for the governing board to
establish rules and regulations for expulsions, the right of a
pupil to have a hearing, the timeline for the hearing, and the
process for appealing an expulsion. (EC Sections 48916,
48916.1, 48918, 48918.5, 48919, 48919.5, 48920, 48921, 48922,
48923, and 48924)
FISCAL EFFECT: Unknown
COMMENTS: This bill addresses both entry into and exits from
charter schools. Background. Charter schools are authorized by
school district governing boards, county boards of education or
the SBE. Charter schools must comply with charter school
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provisions of law and are generally exempt from most laws
governing school districts, with the exception of the following:
1)Teacher participation in the STRS and PERS if the charter
chooses to offer coverage in either or both of those systems.
2)Access to loans from the Charter School Revolving Loan Fund.
3)All laws establishing minimum age for public school
attendance.
4)The California Building Standards Code.
As part of its request for approval of charter status, a charter
petition must include "reasonably comprehensive" descriptions of
specified information, including, among others, a description of
the educational program of the school, the governance structure
of the school, qualifications required by individuals to be
hired at the school, the manner by which annual, independent
financial audits will be conducted, the manner by which the
school's staff will be covered by the teachers' retirement
systems or federal social security and federal social security,
the procedures the school will follow to ensure the health and
safety of pupils and staff (including any employee criminal
record), and the procedures by which pupils can be suspended or
expelled.
According to the CDE, as of 2013-14, there were 1,125 charter
schools enrolling approximately 514,000 of the state's 6.2
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million students.
Preferences for admission: This bill authorizes charter school
admissions preferences as long as the preferences are approved
by the charter school at a public hearing; preferences are
consistent with state law, federal law and Education Code
Section 200; preferences do not result in limiting enrollment
access to specified pupil groups; and, preferences do not
require mandatory parental volunteer hours. These requirements
clarify that charter school admissions preferences must be fair,
transparent and must ensure that the school's preferences do not
result in limiting enrollment access to students with
disabilities, academically low-achieving students, English
learners, neglected or delinquent students, homeless students,
or students who are economically disadvantaged, as determined by
eligibility for any free or reduced-price meal program. These
requirements essentially codify other parts of existing law and
current practice.
Supporters of the bill state that charter schools across the
state have been found to have selective admissions criteria,
including requiring parent volunteer hours as a condition of
enrollment. As an example, supporters state that a charter
school in San Diego requires 30 parent volunteer hours per year.
Parents that do not meet the required hours in specified jobs
are given "probation." After two probations, a parent may be
asked to meet with the governing board to determine the future
enrollment of the pupil at the school.
Suspensions and expulsions: Under existing law, a principal or
a superintendent may suspend or recommend expulsion of a pupil
for committing any of a number of specified acts. For
expulsions, current law specifies three categories: 1) acts
committed by a pupil that result in immediate suspension and
recommendation for expulsion; 2) acts committed by a pupil for
which a principal or superintendent must recommend expulsion,
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unless the principal or superintendent finds that expulsion is
inappropriate, due to the particular circumstance; and 3) acts
committed by a pupil for which a principal or superintendent
have discretion to determine expulsion.
Upon a recommendation of expulsion of a pupil, a school district
governing board is required to hold a hearing and provide a
student and his or her parents or legal guardians written notice
that includes the charges upon which a proposed expulsion is
based, within specified timelines. The governing board may meet
in closed session, but the final action to expel a pupil must be
made in a public session. A pupil who is expelled may file an
appeal to the county board of education.
What does this bill do? Charter schools are required in their
petition for a charter to describe the procedures by which
pupils can be suspended or expelled, but are not required to
comply with the suspension and expulsion policies and procedures
under current law. This bill establishes procedures that are
very similar, although not identical, to the procedures
established under Education Code Section 48918 governing the
expulsion process for school districts.
The bill requires a charter petition to identify the acts for
which a pupil may be suspended or expelled and the length of
time for which a pupil may be suspended. This bill allows a
charter school to determine the actions subject to suspensions
and expulsions and the length of suspensions. This bill also
requires a charter to ensure that its expulsion procedures
provide a pupil with specified rights, including the right to
receive and appear at a formal hearing, the right to have an
attorney or nonlegal advisor and the right to inspect documents
and question witnesses. At least 10 days before a hearing, the
charter must also provide a written notice of the hearing that
includes specific facts and charges for which a proposed
expulsion is based, the disciplinary rules that relate to the
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violation, and the procedures governing the hearing. The
hearing shall be closed to the public, unless the pupil requests
in writing for the hearing to be public. The charter school is
required to make a decision on whether to expel the pupil within
10 schooldays after the conclusion of the hearing. If the
individual, panel or board conducting the formal hearing decides
to expel the pupil, the individual, panel or board must issue a
written decision identifying the basis and facts in support of
the expulsion. The charter school must also make a record of
the hearing. A pupil may appeal the expulsion to the county
board of education with jurisdiction in which the charter school
is located. Until an expelled pupil is in a suitable
educational placement, the charter school must ensure that the
pupil is provided access to an educational program.
Supporters state that pupils have a constitutional right to due
process. Yet, pupils attending charter schools have been
subject to expulsions due to repeated minor actions (e.g., using
profanity), are not provided a hearing or are not informed about
the right to a hearing, and once expelled, can be dropped from
the education system for an indefinite amount of time. The
provisions in this bill are not as prescriptive as those
established in current law applying to school districts;
however, they are very similar and consistent. Opponents argue
that charter schools should be able to design their own
expulsion procedures to accommodate the needs of the schools and
the population at a school as long as they ensure that students
have due process rights. The Committee may wish to consider
whether ensuring all charter school pupils have consistent and
equal due process protections is good policy. The right to
appeal to the county board of education, which is the appeal
body for traditional public school students, will ensure that a
pupil did receive a hearing. The bill specifies that the county
board of education handling the appeal shall be the board with
jurisdiction in the county in which the charter is located to
ensure that students and their families are able to attend
appeals hearing, in the event the charter school is not located
in the same area as the charter authorizer. Finally, once
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expelled, ensuring that a pupil is able to continue to receive
an educational program until an educational placement is
determined will ensure that pupils are not dropped from the
educational system.
Amendments:
1)On page 10, lines 28 and 29, correct a drafting error by
striking "governing board of the school district" and insert
"charter school." The bill was drafted incorrectly by
allowing the governing board of a school district to issue
subpoenas at the request of a charter school principal.
2)The author requests reinstatement of the provision on page 12,
lines 32 through 40, which was inadvertently struck in the
July 8th version of the bill.
Arguments in support. The author states, "Unfortunately, some
charter schools establish admission requirements and preferences
designed to allow only the most 'desirable' students and to
screen out students who may have lower standardized test scores.
Examples of discriminatory admission policies include mandatory
parental volunteer hours, minimum English proficiency
requirements of a minimum GPA. Additionally, some students are
'counseled out' during the school year in order to boost test
scores.
"A charter school is not required to delineate in detail its
policies for suspending or expelling pupils in its petition to
become a charter school. Section 47605(b)(5)(J) does require
that '[t]he procedures by which pupils can be suspended or
expelled.' However, this does not necessarily ensure that the
constitutional due process required by the US Supreme Court for
student is being respected. Charter schools are exempted from
following the existing statutory due process protections
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relating to the suspension and expulsion of students at public
schools?.As a result, charter school students can be denied
their right to due process."
Arguments in opposition. The California Charter Schools
Association Advocates (CCSAA) states that this bill "would strip
away a charter schools' ability to establish their own
suspension and expulsion practices and apply new far-reaching
code that prescribes strictly detailed steps a charter school
must take when suspending or expelling a student." CCSAA
further states, "The author asserts that charter schools are not
required to delineate their expulsion and suspension policies.
That is simply not true. Education Code 47605 lists all 16
elements of a petition that must be approved by the authorizer,
including "The procedures by which pupils can be suspended or
expelled." If these procedures are not included or if the
school district has objections, the petition can be denied or
the district can work with the petitioner to refine the
procedures to the district's satisfaction."
Prior related legislation. AB 2032 (Mendoza), held in the
Assembly Appropriations Committee suspense file in 2012, would
have required charter school suspension and expulsion procedures
to identify a list of acts for which a pupil may be suspended or
expelled, the length of time a pupil may be suspended, and the
procedures a pupil and parents and guardians will be informed
about their due process rights, including the right to a
hearing.
AB 1034 (Gatto), vetoed by the Governor in 2011, makes changes
to the requirements for charter schools regarding student
admissions requirements that are similar to those proposed by
this bill. The veto message stated:
"Charter schools are established to encourage the widest
possible range of innovation and creativity. Their
governing charters reflect the ideas and aspirations of
those willing to undertake this profoundly difficult
challenge. It is critical that they have the flexibility to
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set admission criteria and parent involvement practices
that are consistent with the school's mission."
SB 433 (Liu), which, among others, would have required charter
schools to comply with the provisions governing the suspension
and expulsion of pupils. The bill was held in the Senate
Education Committee in 2011.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union (co-sponsor)
California Federation of Teachers (co-sponsor)
California Labor Federation
California School Employees Association (co-sponsor)
California State PTA
California Teachers Association (co-sponsor)
GSA Network of California
John Muir Charter School
Public Advocates
Public Counsel
San Francisco Unified School District
SIATech
YouthBuild Charter School
Opposition
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California Charter Schools Association Advocates
Charter Schools Development Center
EdVoice Board of Directors
Analysis Prepared by:Sophia Kwong Kim and Chelsea Kelley / ED. /
(916) 319-2087