SB 1309,
as amended, Leyva. Pupil discipline:begin delete suspension andend delete expulsion hearings: county schools.
Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils including, but not limited to, an expulsion hearing and a right to appeal.
This bill would prohibit a school operated by a county office of education frombegin delete suspending, expelling, or otherwise denying attendance toend deletebegin insert expellingend insert a pupil accused of certain offensesbegin delete without a hearing beforeend deletebegin insert unless the county board of education contracts with the Office
of Administrative Hearings or appointsend insert an impartial administrativebegin delete panel.end deletebegin insert panel for purposes of an expulsion hearing, as specified.end insert The bill would authorize a pupilbegin delete suspended from, expelled from, or otherwise denied attendance to aend deletebegin insert expelled from aend insert school operated by a county office of education to appeal thebegin insert hearing officer’s or the impartialend insert administrative panel’s decisionbegin insert to expelend insert to the
county board of education. By imposing new duties upon county boards of education, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 48928 is added to the Education Code,
2to read:
(a) A pupil enrolled in a school operated by a county
4office of education who is accused of committing an act as defined
5pursuant to any of subdivisions (a) to (r), inclusive, of Section
648900 shall not be suspended from, expelled from, or otherwise
7denied attendance at the school, unless both of the following occur:
8(1) (A) The principal of the school recommends the pupil for
9removal to an impartial administrative panel of three or more
10certificated persons appointed by the county board of education.
11(B) Section 27722 of the Government Code applies to a hearing
12by the impartial administrative panel and, for purposes of this
13section, the term “hearing officer” in Section 27722
of the
14Government Code means an impartial administrative panel.
15(C) A member of the administrative hearing panel shall not be
16a member of the county board of education, nor be employed by
17the school from which the pupil is enrolled.
18(2) The impartial administrative panel determines that the pupil
19has committed an act pursuant to any of subdivisions (a) to (r),
20inclusive, of Section 48900.
21(b) A pupil enrolled in a school operated by a county office of
22education who has been suspended from, expelled from, or
23otherwise denied attendance at the school pursuant to this section
24may, within 30 days following the administrative panel’s decision,
25file an appeal to the county board of education which shall hold a
26hearing on the matter and render a decision. The appeal hearing
27shall be held in the same manner and have the same
effect as an
28appeal hearing held pursuant to Section 48919.
begin insertSection 48928 is added to the end insertbegin insertEducation Codeend insertbegin insert,
30to read:end insert
(a) A pupil enrolled in school operated by a county
2office of education shall not be recommended for expulsion unless
3the principal of the school in which the pupil is enrolled or his or
4her designee determines that the pupil has committed an act defined
5pursuant to any of subdivisions (a) to (r), inclusive, of Section
648900, subject to all of the following:
7
(1) If a principal or his or her designee recommends expulsion,
8the county board of education shall do either of the following:
9
(A) Contract with the Office of Administrative Hearings for a
10hearing officer to conduct the expulsion hearing.
11
(B) Appoint an impartial administrative panel consisting of
12three or more certificated persons, none of whom is a member of
13the county board of education or employed on
the staff of the school
14in which the pupil is enrolled, to conduct the expulsion hearing.
15
(2) (A) The hearing officer or the impartial administrative
16panel, whichever is selected pursuant to paragraph (1), if the
17decision is to expel, shall prepare and submit to the county board
18of education findings of fact in support of the decision to expel.
19
(B) The findings of fact shall be based solely on the evidence
20presented at the expulsion hearing.
21
(b) A pupil enrolled in a school operated by a county office of
22education who has been expelled from school pursuant to this
23section or his or her parent of guardian may, within 30 days
24following the hearing officer’s or the impartial administrative
25panel’s decision, file an appeal to the county board of education,
26which shall hold a hearing on the matter and render a decision.
27The appeal hearing shall be held in the same manner and have
28the same effect as an appeal
hearing held pursuant to Section
2948919.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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