Amended in Assembly June 29, 2016

Amended in Senate April 27, 2016

Amended in Senate April 11, 2016

Senate Bill No. 1309

Introduced by Senator Leyva

February 19, 2016

An act to begin insert amend Section 48926 of, and to end insert add Section 48928 begin delete to end delete begin insert to, end insert the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

SB 1309, as amended, Leyva. Pupil discipline: 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. begin insert end insert begin insert Existing law requires the county superintendent of schools in counties that operate community schools, in conjunction with superintendents of the school districts within the county, to develop a plan for providing education services to all expelled pupils in that county. end insert

This bill would prohibit a school operated by a county office of education from expelling a pupil accused of certain offenses unless the county board of education contracts with the Office of Administrative Hearings or appoints an impartial administrative panel for purposes of an expulsion hearing, as specified. begin insert The bill would require that the pupil or the pupil’s parent or guardian be provided with notice of the hearing, as specified. end insert The bill would authorize a pupil expelled from a school operated by a county office of education to appeal the hearing officer’s or the impartial administrative panel’s decision to expel to the county board of education. begin insert The bill would require the county superintendent of schools or his or her designee, if the county board of education upholds an expulsion, to provide a written notice of the decision to expel, as specified. The bill would also require the plan for providing education services to all expelled pupils in a county that operates one or more community schools to include pupils expelled by the county board of education. end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 48926 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

48926.  

begin insert (a) end insert begin insert   end insert Each county superintendent of schools in counties
that operate community schools pursuant to Section 1980, in
conjunction with superintendents of the school districts within the
county, shall develop a plan for providing education services to
all expelled pupils in that begin delete county. end delete begin insert county, including pupils expelled
by the county board of education. end insert The plan shall be adopted by
the governing board of each school district within the county and
by the county board of education.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert plan shall enumerate existing educational alternatives
for expelled pupils, identify gaps in educational services to expelled
pupils, and strategies for filling those service gaps. The plan shall
also identify alternative placements for pupils who are expelled
and placed in district community day school programs, but who
fail to meet the terms and conditions of their rehabilitation plan or
who pose a danger to other district pupils, as determined by the
governing board.

begin delete

Each

end delete

begin insert (c) end insert begin insert   end insert begin insert Each end insert county superintendent of schools, in conjunction with
the superintendents of the school districts, shall submit to the
begin delete Superintendent of Public Instruction end delete begin insert Superintendent, end insert the county
plan for providing educational services to all expelled pupils in
the county no later than June 30, 1997, and shall submit a triennial
update to the plan to the Superintendent of Public Instruction,
including the outcome data pursuant to Section 48916.1, on June
30th thereafter.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 48928 is added to the Education Code, to read:

48928.  

(a) A pupil enrolled in begin insert a end insert school operated by a county
office of education shall not be recommended for expulsion unless
the principal of the school in which the pupil is enrolled or his or
her designee determines that the pupil has committed an act defined
pursuant to any of subdivisions (a) to (r), inclusive, of Section
48900, subject to all of the following:

(1) If a principal or his or her designee recommends expulsion,
the county board of education shall do either of the following:

(A) Contract with the Office of Administrative Hearings for a
hearing officer to conduct the expulsion hearing.

(B) Appoint an impartial administrative panel consisting of
three or more certificated persons, none of whom is a member of
the county board of education or employed on the staff of the
school in which the pupil is enrolled, to conduct the expulsion
hearing.

(2) (A) The hearing officer or the impartial administrative panel,
whichever is selected pursuant to paragraph (1), if the decision is
to expel, shall prepare and submit to the county board of education
findings of fact in support of the decision to expel.

(B) The findings of fact shall be based solely on the evidence
presented at the expulsion hearing.

begin insert

(C) Final action to expel a pupil shall be taken only by the
county board of education in a public session.

end insert begin insert

(3) The pupil or the pupil’s parent or guardian shall be provided
with both of the following:

end insert begin insert

(A) A written notice of the hearing at least 10 calendar days
before the date of the hearing that shall also include a statement
of specific facts and charges upon which the proposed expulsion
is based.

end insert begin insert

(B) (i) A written notice of the opportunity for the pupil or the
pupil’s parent or guardian to appear in person or to be represented
by legal counsel or by a nonattorney adviser.

end insert begin insert

(ii) For purposes of this section, “legal counsel” has the same
meaning as provided in Section 48918.

end insert begin insert

(iii) For purposes of this section, “nonattorney adviser” has
the same meaning as provided in Section 48918.

end insert

(b)  begin insert (1) end insert begin insert   end insert A pupil enrolled in a school operated by a county office
of education who has been expelled from school pursuant to this
section or his or her parent begin delete of end delete begin insert or end insert guardian may, within 30 days
following the hearing officer’s or the impartial administrative
panel’s decision, file an appeal to the county board of education,
which shall hold a hearing on the matter and render a decision.
The appeal hearing shall be held in the same manner and have the
same effect as an appeal hearing held pursuant to Section 48919.

begin insert

(2) If the county board of education upholds an expulsion, the
county superintendent of schools or his or her designee shall
provide to the pupil or the pupil’s parent or guardian a written
notice of the decision to expel that shall also include an education
plan or notice of the education alternative placement.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.