BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 322


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          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