BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1309 (Leyva) - Pupil discipline: expulsion hearings: county schools ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 27, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 16, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill establishes a new process for county offices of education to consider the expulsion of a student who attends a school operated by a county office of education. Fiscal Summary: If a county office of education chooses to contract with the Office of Administrative Hearings (OAH) to conduct an expulsion hearing, estimated costs for a one-day hearing could be approximately $4,500 including costs for the administrative law judge to prepare and conduct the hearing as well as to write the decision. It is unknown how many hearings the OAH would conduct. If the OAH was contracted for 15 hearings statewide in a given year, costs incurred would be about $68,000. Revenues from the hearings would be deposited into the Service Revolving Fund. This bill could result in reimbursable state mandate costs to conduct expulsion hearings appeals. Statewide reimbursable mandate costs could be in excess of $50,000 in SB 1309 (Leyva) Page 1 of ? a given year. Actual costs would depend upon the number of appeals that occur, which is currently unknown. Other activities for county offices of education included in the bill are unlikely to be determined a reimbursable state mandate as the activities are triggered by a decision to recommend a student for expulsion. Previous decisions made by the Commission on State Mandates (Commission) when considering whether school district expulsion processes constitute a reimbursable state mandate align with this rationale. (Proposition 98) Background: Existing law establishes a process for a governing board of a school district to consider the expulsion of a student. This bill would create a similar process for students recommended for expulsions at a schools operated by a county offices of education. While county offices of education may not encounter many situations where they desire to expel a student, this bill establishes a process by which the potential expulsion of a student is considered by a body that is not affiliated with the school in which the student is enrolled. Existing law authorizes the governing board of a school district, instead of conducting an expulsion hearing itself, to contract with the county hearing officer, or with the Office of Administrative Hearings for a hearing officer to conduct the hearing. It authorizes the governing board of a school district to also appoint an impartial administrative panel. If recommending expulsion, the hearing officer or administrative panel must prepare and submit to the governing board findings of fact in support of the recommendation. It also authorizes a student or parent to file an appeal of an expulsion to the county board of education. Existing law requires a county board of education to adopt rules and regulations establishing procedures for expulsion appeal hearings. It requires the county board to then hold a hearing and render a decision on the appeal. It authorizes a county with at least 180,000 average daily attendance, to have a hearing officer or an impartial administrative panel hear the appeals. County offices of education typically operate county community schools for students who have been expelled from a school district, juvenile court schools for students who are in juvenile detention facilities, and provide some career technical education and special education and related services. Existing SB 1309 (Leyva) Page 2 of ? law does not provide for a process by which a county office of education may expel a student. Proposed Law: This bill establishes a new process for county offices of education to consider the expulsion of a student who attends a school operated by a county office of education. Specifically, it provides that: If a principal, or designee, recommends expulsion after determining a student committed a certain act, the county board of education must either: (1) contract with the Office of Administrative Hearings for a hearing officer to conduct the expulsion hearing; or (2) appoint an impartial administrative panel, as specified, to conduct the expulsion hearing. The hearing officer or panel, whichever one is used, is required to prepare and submit to the county board of education findings of fact in support of the decision to expel, if that is the decision made. A student that has been expelled from a school operated by a county office of education may, or his or her parent or guardian may, file an appeal within 30 days of the hearing officer's or the panel's decision to the county board of education, which must hold a hearing on the matter and render a decision. Staff Comments: This bill establishes a requirement similar to the one for school districts that the county board of education hold a hearing upon the filing of an appeal. The Commission has decided on these provisions and determined that costs mandated by the state related to student expulsion appeals include conducting an initial hearing on an appeal and rendering a decision. Therefore, it is possible for county offices of education to submit a test claim for reimbursement to the Commission for this activity. However, it is unclear how many appeals may materialize. Staff notes that the most recent data available for expulsions of students from county offices of education is 15 students in 2010-11. Though only 15 hearings resulted in an expulsion, it is possible that more hearings were conducted that did not result in expulsion. However, it is also possible that in a given year no expulsions may occur. SB 1309 (Leyva) Page 3 of ? -- END --