BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1309|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  SB 1309
          Author:   Leyva (D) 
          Amended:  4/27/16  
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 4/20/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
           
           SUBJECT:   Pupil discipline:  expulsion hearings:  county  
                     schools


          SOURCE:    Author


          DIGEST:   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.

          ANALYSIS:  

          Existing law:

        1) Requires the governing board of each school district to  
             establish rules and regulations governing procedures for the  
             expulsion of students.  (Education Code § 48918)

        2) Authorizes the governing board of a school district, instead of  
             conducting an expulsion hearing itself, to contract with the  








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             county hearing officer, or with the Office of Administrative  
             Hearings (OAH) for a hearing officer to conduct the hearing.   
             (EC § 48918)

        3) Authorizes the governing board of a school district to also  
             appoint an impartial administrative panel of three or more  
             certificated people, none of whom is a member of the  
             governing board or employed on the staff of the school in  
             which the student is enrolled.  (EC § 48918)

        4) Requires the hearing officer or administrative panel, if  
             recommending expulsion, to prepare and submit to the  
             governing board findings of fact in support of the  
             recommendation.  Existing law requires all findings of fact  
             and recommendations to be based solely on the evidence  
             considered at the hearing.  (EC § 48918)

        5) Authorizes a student or parent to file an appeal of an  
             expulsion to the county board of education, and requires the  
             county board of education to hold a hearing or have a hearing  
             officer or an impartial administrative panel hear appeals.   
             (EC § 48919 and § 48919.5)

          This bill:

        1) Prohibits a student who is enrolled in a school operated by a  
             county office of education from being recommended for  
             expulsion unless the principal of the school, or his or her  
             designee, determines that the student has committed an act  
             for which students may be expelled.

        2) Requires a county board of education, if a principal of a  
             school that is operated by the county office of education, or  
             his or her designee, recommends expulsion, to do either of  
             the following:

           a)    Contract with the OAH for a hearing officer to conduct  
                the expulsion hearing.

           b)    Appoint an impartial administrative panel 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 student is enrolled, to conduct the  
                expulsion hearing.







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        3) Requires the hearing officer or administrative panel, if the  
             decision is to expel, to prepare and submit to the county  
             board of education findings of fact in support of the  
             decision to expel.

        4) Requires the findings of fact to be based solely on the  
             evidence considered at the hearing.

        5) Authorizes a student who has been expelled, or the parent of  
             that student, within 30 days following the decision of the  
             hearing officer or administrative panel to expel the student,  
             to file an appeal to the county board of education and  
             requires the county board of education to hold a hearing on  
             the matter and render a decision.  This bill requires the  
             appeal hearing to be held in the same manner and have the  
             same effect as an appeal hearing held pursuant to existing  
             law.

          Comments
          
          Need for the bill.  According to the author, "Current law  
          requires a school district to abide by a detailed process for  
          the expulsion of a student and the following appeals process  
          which is heard by the county office of education (COE).   
          However, state law is silent on the process for expelling a  
          student from a COE operated school.  Because a COE is the board  
          that would hear an appeal in a typical school district expulsion  
          case, there is an obvious violation of due process should the  
          COE be responsible for handling both the expulsion and the  
          appeal of the expulsion.  In order to ensure that students  
          receive due process when appealing an expulsion, SB 1309 would  
          create a formal process for the expulsion of a student from a  
          COE operated school."

          Expulsion from a school operated by a county office of  
          education.  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.  The Los  
          Angeles County Office of Education also operates two  
          comprehensive schools; it is unclear if other county offices of  
          education operate comprehensive schools. 







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          Existing law does not provide for a process by which a county  
          office of education may expel a student.  Anecdotally, the  
          practice of some county offices of education to not expel  
          students or remove students from school; those county offices of  
          education typically use various interventions and preventative  
          measures to keep students in school.  If those measures are  
          unsuccessful, some county offices of education transfer such  
          students to other county-run programs, such as a military-style  
          charter school or dropout recovery charter school.  

          This bill creates a process that is based upon the existing  
          process for school district expulsion hearings and expulsion  
          appeals heard by county boards 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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee:


           If a county office of education chooses to contract with the  
            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 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 this bill are unlikely  







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            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 when considering whether school district  
            expulsion processes constitute a reimbursable state mandate  
            align with this rationale.  (Proposition 98)


          SUPPORT:   (Verified5/27/16)


          California Federation of Teachers


          OPPOSITION:   (Verified5/27/16)


          None received

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          5/28/16 16:46:06
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