BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1309 (Leyva) - Pupil discipline:  expulsion hearings:  county  
          schools
          
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          |Version: April 27, 2016         |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 16, 2016      |Consultant: Jillian Kissee      |
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          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  







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               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  








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          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.









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