Amended in Senate May 4, 2016

Amended in Senate April 12, 2016

Senate Bill No. 1343

Introduced by Senator Wolk

February 19, 2016

An act to begin insert amend Section 48980 of, and to end insert add Article 1.5 (commencing with Section begin delete 48928) end delete begin insert 48929) end insert to Chapter 6 of Part 27 of Division 4 of Title 2 begin delete of end delete begin insert of, end insert the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

SB 1343, as amended, Wolk. Pupils: intradistrict transfer of pupil convicted of violent felony or misdemeanor.

Existing law establishes a system of public elementary and secondary education in this state. Existing law establishes school districts throughout the state and authorizes these districts to provide instruction at the elementary and secondary schools they operate and maintain. Existing law provides for the governance of these school districts through elected school district governing boards.

This bill would authorize school district governing boards to transfer to another school in that school district pupils enrolled in that school district who have been convicted of violent felonies, as defined, or designated misdemeanors if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same begin delete school. end delete begin insert school, if certain requirements are satisfied, including, but not limited to, that the governing board of the school district adopts a policy and notifies parents or guardians of the policy as part of its annual notification to parents and guardians, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Article 1.5 (commencing with Section begin delete 48928) end delete
begin insert 48929) end insert is added to Chapter 6 of Part 27 of Division 4 of Title 2 of
the Education Code, to read:

 

Article 1.5.  Transfer of Pupil Convicted of Violent Felony or
Misdemeanor

 

begin delete 48928. end delete

begin insert 48929. end insert   

Notwithstanding any other law, the governing board
of a school district may transfer to another school in that school
district a pupil enrolled in that school district who has been
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5 of the Penal Code, or convicted of a misdemeanor
listed in Section 29805 of the Penal Code if the pupil to be
transferred and the victim of the crime for which the pupil was
convicted are enrolled at the same begin delete school. end delete begin insert school, subject to
satisfaction of both of the following conditions: end insert

begin insert

(a) The governing board of the school district has adopted a
policy at a regularly scheduled meeting that contains all of the
following provisions:

end insert begin insert

(1) A requirement that the pupil and pupil’s parent or guardian
be notified of the right to request a meeting with the school
principal or designee of the school or school district.

end insert begin insert

(2) A requirement that the school first attempt to resolve the
conflict before transferring a pupil, including, but not limited to,
using restorative justice, counseling, or other services.

end insert begin insert

(3) Whether the decision to transfer a pupil is subject to periodic
review and the procedure for conducting the review.

end insert begin insert

(4) The process to be used by the governing board of the school
district to consider and approve or disapprove of the
recommendation of the school principal or other school or school
district designee to transfer the pupil.

end insert begin insert

(b) The governing board of the school district has provided
notice of the policy to parents or guardians as part of the annual
notification required pursuant to Section 48980.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 48980 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48980.  

(a) At the beginning of the first semester or quarter of
the regular school term, the governing board of each school district
shall notify the parent or guardian of a minor pupil regarding the
right or responsibility of the parent or guardian under Sections
35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472,
and 51938 and Chapter 2.3 (commencing with Section 32255) of
Part 19 of Division 1 of Title 1.

(b) The notification also shall advise the parent or guardian of
the availability of individualized instruction as prescribed by
Section 48206.3, and of the program prescribed by Article 9
(commencing with Section 49510) of Chapter 9.

(c) The notification also shall advise the parents and guardians
of all pupils attending a school within the school district of the
schedule of minimum days and pupil-free staff development days,
and if minimum or pupil-free staff development days are scheduled
thereafter, the governing board of the begin insert school end insert district shall notify
parents and guardians of the affected pupils as early as possible,
but not later than one month before the scheduled minimum or
pupil-free day.

(d) The notification also may advise the parent or guardian of
the importance of investing for future college or university
education for their children and of considering appropriate
investment options, including, but not limited to, United States
savings bonds.

(e) The notification shall advise the parent or guardian of the
pupil that each pupil completing grade 12 is required to
successfully pass the high school exit examination administered
pursuant to Chapter 9 (commencing with Section 60850) of Part
33. The notification shall include, at a minimum, the date of the
examination and the requirements for passing the examination,
and shall inform the parents and guardians regarding the
consequences of not passing the examination and shall inform
parents and guardians that passing the examination is a condition
of graduation.

(f) Each school district that elects to provide a fingerprinting
program pursuant to Article 10 (commencing with Section 32390)
of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents
or guardians of the program as specified in Section 32390.

(g) The notification also shall include a copy of the written
policy of the school district on sexual harassment established
pursuant to Section 231.5, as it relates to pupils.

(h) The notification shall advise the parent or guardian of all
existing statutory attendance options and local attendance options
available in the school district. This notification component shall
include all options for meeting residency requirements for school
attendance, programmatic options offered within the local
attendance areas, and any special programmatic options available
on both an interdistrict and intradistrict basis. This notification
component also shall include a description of all options, a
description of the procedure for application for alternative
attendance areas or programs, an application form from the begin insert school end insert
district for requesting a change of attendance, and a description of
the appeals process available, if any, for a parent or guardian denied
a change of attendance. The notification component also shall
include an explanation of the existing statutory attendance options,
including, but not limited to, those available under Section 35160.5,
Chapter 5 (commencing with Section 46600) of Part 26, and
subdivision (b) of Section 48204. The department shall produce
this portion of the notification and shall distribute it to all school
districts.

(i) It is the intent of the Legislature that the governing board of
each school district annually review the enrollment options
available to the pupils within its district and that the begin insert school end insert districts
strive to make available enrollment options that meet the diverse
needs, potential, and interests of the pupils of California.

(j) The notification shall advise the parent or guardian that a
pupil shall not have his or her grade reduced or lose academic
credit for any absence or absences excused pursuant to Section
48205 if missed assignments and tests that can reasonably be
provided are satisfactorily completed within a reasonable period
of time, and shall include the full text of Section 48205.

(k) The notification shall advise the parent or guardian of the
availability of state funds to cover the costs of advanced placement
examination fees pursuant to Section begin delete 52244. end delete begin insert 52242. end insert

(l) The notification to the parent or guardian of a minor pupil
enrolled in any of grades 9 to 12, inclusive, also shall include the
information required pursuant to Section 51229.

(m) If a school district elects to allow a career technical
education course to satisfy the requirement imposed by
subparagraph (E) of paragraph (1) of subdivision (a) of Section
51225.3, the school district shall include, in the notification
required pursuant to this section, both of the following:

(1) Information about the high school graduation requirements
of the school district and how each requirement satisfies or does
not satisfy the subject matter requirements for admission to the
California State University and the University of California.

(2) A complete list of career technical education courses offered
by the school district that satisfy the subject matter requirements
for admission to the California State University and the University
of California, and which of the specific college admission
requirements these courses satisfy.

begin insert

(n) A school district that elects to adopt a policy regarding the
transfer of pupils pursuant to Article 1.5 (commencing with Section
48929) shall inform parents or guardians of the policy in the
notification required pursuant to this section.

end insert