BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                    SB 1309


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          Date of Hearing:  June 22, 2016   


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          1309 (Leyva) - As Amended April 27, 2016


          SENATE VOTE:  39-0


          SUBJECT:  Pupil discipline:  expulsion hearings:  county schools


          SUMMARY:  Establishes a process for expulsion of a pupil  
          enrolled in a school operated by a county office of education  
          (COE).  Specifically, this bill:  


          1)Prohibits a pupil enrolled in a school operated by a COE from  
            being 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 for which a  
            pupil may be subject to suspension or expulsion under current  
            law and a hearing has been conducted.


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


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











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               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.


          3)Requires the hearing officer or the impartial administrative  
            panel to, if the decision is to expel, 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 presented at the expulsion hearing.
          5)Authorizes a pupil who has been expelled or his or her parent  
            or guardian to, within 30 days following the hearing officer's  
            or the impartial administrative panel's decision, 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. Requires the appeal hearing to be held in  
            the same manner and have the same effect as the appeal process  
            established for a pupil enrolled in a school district.


          EXISTING LAW:   


          1)Authorizes or requires a principal or a superintendent of  
            schools to suspend or expel a student committing any of a  
            number of specified acts.  (EC Sections 48900, 48900.2,  
            48900.3, 48900.4, 48900.7, 48915)

          2)Specifies the process for expulsion, the requirement for the  
            governing board of a school district to recommend a plan of  











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            rehabilitation for the pupil at the time of the expulsion  
            order, the process for readmission, the requirement for the  
            governing board to establish rules and regulations for  
            expulsions, the right of a pupil to have a hearing, the  
            timeline for the hearing, and the process for appealing an  
            expulsion.  (EC Sections 48916, 48916.1, 48918, 48918.5,  
            48919, 48919.5, 48920, 48921, 48922, 48923, and 48924)

          3)Requires county superintendent of schools in counties that  
            operate community schools, in conjunction with superintendents  
            of the school district in the county, to develop a plan for  
            providing education services to all expelled pupils in the  
            county.  Requires the plan to enumerate existing educational  
            alternatives for expelled pupils, identify gaps in educational  
            services to expelled pupils, and strategies for filling those  
            service gaps.  (EC Section 48926)



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)Estimated costs for contracting with the OAH to conduct an  
            expulsion hearing is $4,500.  It is unknown how many hearings  
            the OAH would conduct.  Costs would be $68,000 if 15 hearings  
            were conducted in a given year.


          2)Statewide reimburseable state 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.


          COMMENTS:  Background.  Under existing law, a principal or a  
          superintendent may suspend or recommend expulsion of a pupil for  
          committing any of a number of specified acts.  For expulsions,  
          current law specifies three categories:  1) acts committed by a  
          pupil that result in immediate suspension and recommendation for  











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          expulsion; 2) acts committed by a pupil for which a principal or  
          superintendent must recommend expulsion, unless the principal or  
          superintendent finds that expulsion is inappropriate, due to the  
          particular circumstance; and 3) acts committed by a pupil for  
          which a principal or superintendent have discretion to determine  
          expulsion.  


          Upon a recommendation of expulsion of a pupil, a school district  
          governing board is required to hold a hearing and provide a  
          student and his or her parents or legal guardians written notice  
          that includes the charges upon which a proposed expulsion is  
          based, within specified timelines.  In lieu of conducting the  
          hearing itself, existing law also authorizes the governing board  
          to contract with the county hearing officer or the OAH, or  
          appoint an impartial administrative panel of three or more  
          certificated individuals to conduct the hearing.  The governing  
          board may meet in closed session, but the final action to expel  
          a pupil must be made in a public session.  A pupil who is  
          expelled may file an appeal with the county board of education. 


          Existing law does not provide a process for expulsion of  
          students enrolled in COEs.  COEs 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 career technical  
          education, special education and related services.  The author  
          states, "Despite the existence of a detailed process for  
          handling student expulsion at the school district level, current  
          law remains silent on how expulsions should be handled by COE  
          operated schools.  This lack of clarity does not ensure that  
          students have access to due process when going through expulsion  
          proceedings.  There is no requirement in current law for a COE  
          to hold an expulsion hearing or to have an appeals hearing  
          following an expulsion.  Furthermore, even if there is an  
          appeal, the situation could arise where the COE board hears and  
          decides on both the expulsion and the appeal."












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          This bill establishes a process that is similar to the expulsion  
          process required of school districts.  The bill prohibits a  
          pupil from being recommended for expulsion unless the principal  
          finds that the pupil has committed one of the 18 acts that may  
          lead to suspension or expulsion specified in the Education Code.  
           If an expulsion is recommended, instead of requiring the county  
          board of education to conduct a hearing, the bill requires the  
          county board of education to either contract with the OAH or  
          appoint an administrative panel comprised of three or more  
          certificated persons who are not employed at the school where  
          the pupil is enrolled or are members of the county board of  
          education.  These options are similar to options available to  
          the governing boards of school districts should they choose not  
          to conduct hearings themselves.  If an expulsion is recommended,  
          the bill requires the OAH or the administrative panel to submit  
          findings of fact, based solely on the evidence provided at the  
          hearing, to the county board of education. A pupil who has been  
          expelled or his or her parent or guardian may request an appeal  
          within 30 days of the OAH or administrative panel's decision.   
          The appeal hearing is conducted by the county board of  
          education, which is required to use the process a county board  
          of education typically uses to conduct appeals for students  
          expelled from district schools.  


          Do COEs expel students?  According to the California County  
          Superintendents Educational Services Association (CCSESA), most  
          COEs do not expel students.  County boards of education that do  
          expel pupils either conduct hearings or convene administrative  
          panels, but do not have a process for appeals.  Some COEs  
          initiate expulsion in order to "expel" the pupil from one county  
          operated program to another.  Expulsion data reported by COEs to  
          the California Department of Education show that after excluding  
















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          charter school expulsions<1>, there were only six expulsions  
          from county-operated schools operated by two COEs in 2014-15.   
          One of the COEs initiates an expulsion process only to expel a  
          student from one county-operated program to another and may not  
          count as true expulsions.    


          What happens to students who are expelled from COEs?  When  
          students are expelled from district schools, schools districts  
          are required to notify the pupil and his/her parents or  
          guardians of the education alternative placement to be provided  
          to the pupil.  Typically, students expelled from district  
          schools enroll in county operated programs.  This bill does not  
          specify what happens to the pupils if they are expelled from  
          COEs.  If the role of COEs is to educate those students for  
          which district schools are not appropriate (because they were  
          expelled, involved in the juvenile court system, etc.), where  
          would those students receive their required education if they  
          are expelled from COEs?  The Los Angeles County Office of  
          Education and the Santa Clara County Office of Education operate  
          comprehensive high schools.  Students expelled from these  
          schools can enroll in other COE-operated programs, such as  
          county community schools.  Establishing an expulsion process for  
          COE-operated comprehensive high schools may make sense, but the  
          Committee may wish to consider whether COEs should be allowed to  
          expel students who were already expelled from district schools.   



          Due process rights.  While similar, the process established by  
          this bill to provide due process protections to students  
          expelled from COEs is abbreviated and does not offer all the  
          same protections as those provided to district students, such as  
          providing students with written notice of the hearing that  
          ---------------------------


          <1>


           Suspension and expulsion rates of charter schools authorized by  
          county boards of education are reported as COE statistics.   








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          includes the reasons for recommending expulsion, establishing  
          timelines, and allowing students to have representation.  Upon a  
          recommendation by the OAH or the administrative panel to expel,  
          the bill also does not require the county board of education to  
          take action in a public meeting.  Under current law, the  
          governing board of a school district is required to inform a  
          pupil and his/her parents or guardians of the alternative  
          placement of the pupil during the expulsion.  This bill does not  
          include this requirement.   


          Staff recommends the following amendments:


          1)Incorporate in the hearing process other due process rights  
            similar to those established in Education Code 48918 for  
            district students.


          2)Upon a recommendation to expel by the OAH or the  
            administrative panel, require the county board of education to  
            take action in a public meeting.  


          3)Require the county board of education that upholds an  
            expulsion following an appeal to provide the pupil and the  
            pupil's parents or guardians with an education plan or  
            alternative placement.     


          4)Require the plan for providing education services to all  
            expelled students specified in EC Section 48926 to include  
            students expelled by COEs.


          Related legislation.  SB 322 (Leno), pending in the Assembly  
          Appropriations Committee, would, among other provisions,  
          establish procedures for the suspension and expulsion of pupils  
          in charter schools.   











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          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Federation of Teachers




          Opposition


          None on file




          Analysis Prepared by:Sophia Kwong Kim / ED. / (916)  
          319-2087