BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1309| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 1309 Page 2 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. SB 1309 Page 3 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. SB 1309 Page 4 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 SB 1309 Page 5 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 **** END ****