BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1343            
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          |Author:    |Wolk                                                 |
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          |Version:   |April 12, 2016                             Hearing   |
          |           |Date:     April 20, 2016                             |
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          |Urgency:   |No                     |Fiscal:     |No              |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Pupils:  transfer of pupil convicted of violent felony  
          or misdemeanor


           SUMMARY
          
          This bill authorizes the governing board of a school district to  
          transfer to another school in that district a student who has  
          been convicted of a violent felony or specified misdemeanor if  
          the student to be transferred and the victim of the crime for  
          which the student was convicted attend the same school.  

            BACKGROUND
          
          Existing law:

          1)   Prohibits a student from being denied enrollment or  
               readmission to a public school solely on the basis that he  
               or she has had contact with the juvenile justice system,  
               including arrest, adjudication by a juvenile court, formal  
               or informal supervision by a probation officer, or  
               detention in a juvenile facility or enrollment in a  
               juvenile court school.  (Education Code § 48645.5)

          2)   Authorizes the involuntary transfer of a student to a  
               continuation school and requires the governing board of a  
               school district that assigns students to continuation  
               schools to adopt rules and regulations governing procedures  
               for the involuntary transfer of students.  (EC § 48432.5)








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          3)   Prohibits the assignment of a student to a community day  
               school (operated by a school district) only if the student  
               meets one or more of the following conditions:

               a)        The student is expelled for any reason.

               b)        The student is referred by a probation  
                    department.

               c)        The student is referred by a school attendance  
                    review board or other district level referral process.  
                     (EC § 48662)

          4)   Prohibits a student from being suspended or recommended for  
               expulsion unless the principal of the school determines  
               that the pupil has committed certain acts, and gives  
               schools the discretion to take action for most offenses.   
               Existing law authorizes a student to be suspended or  
               expelled for certain acts that are related to a school  
               activity or school attendance that occur at any time.  (EC  
               § 48900)

          5)   Defines "violent felony" to include 23 acts, such as  
               murder, rape, great bodily injury, threats to a victim or  
               witness, robbery, and burglary.  (Penal Code § 667.5)

          6)   Sets forth misdemeanor penalties for offenses related to  
               possession of a firearm.  (PC § 29805)

            ANALYSIS
          
          This bill authorizes the governing board of a school district to  
          transfer to another school in that district a student who has  
          been convicted of a violent felony or specified misdemeanor if  
          the student to be transferred and the victim of the crime for  
          which the student was convicted are enrolled in the same school.  
           

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, "Recently, a  
               student was convicted of an off-campus violent felony  
               against another student and the local school board was  
               unable to transfer the perpetrator to a different high  








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               school simply because the incident occurred off-campus.   
               The victim obtained a temporary restraining order but by  
               law it wasn't in effect on campus.  As a result, the victim  
               had to change his classes to avoid direct daily contact  
               with his attacker.  

          "Trustees of single high school districts are currently  
               prohibited from involuntarily transferring students to  
               another educational placement, even if the student has been  
               convicted of a violent felony against a fellow student.  In  
               larger school districts (those with more than one  
               traditional high school), trustees may involuntarily  
               transfer a student under certain circumstances.  This  
               measure ensures that the local autonomy statutorily granted  
               school boards, applies to all school boards regardless of  
               size."

          2)   Why transfer?  According to the author, the rationale for  
               transferring a student who has been convicted of a violent  
               felony for an offense that was unrelated to school is  
               because the presence of the student who was convicted is  
               intimidating for the student who was the victim of the  
               offense, and schools fear they cannot ensure the safety of  
               students.  Schools are well-equipped to take a number of  
               disciplinary actions against a student who commits any  
               number of acts that are related to a school activity or  
               school attendance that occur at any time, such as bullying,  
               threatening, or harassing the victim of an assault.  

          Existing law requires the decision to involuntary transfer a  
               student to a continuation school or community day school to  
               be based upon disciplinary factors.  Students may be  
               transferred to a community day school only if the student  
               was expelled, or referred by probation, a school attendance  
               review board or other district level referral process.  The  
               decision to involuntarily transfer a student to a community  
               day school must be based on a finding that the student  
               committed an act for which the student may be suspended or  
               expelled, or has been habitually truant or irregular in  
               attendance.

          Existing law specifically prohibits a student from being denied  
               enrollment or readmission to a public school solely on the  
               basis that he or she has had contact with the juvenile  








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               justice system, including arrest, adjudication by a  
               juvenile court, formal or informal supervision by a  
               probation officer, or detention in a juvenile facility or  
               enrollment in a juvenile court school.  This bill appears  
               to be in direct conflict with this provision. 

          Should a student be involuntarily transferred unless the student  
               has been found to have committed an act that is related to  
               school?  Does this bill create a double-jeopardy situation  
               for a student who has already been adjudicated and has not  
               reoffended?

          3)   Temporary Restraining Order vs compulsory education.   
               According to the author, this bill addresses a specific  
               situation in which a student was convicted of an off-campus  
               violent felony against another student, and the victim  
               obtained a temporary restraining order.  Counsel for the  
               school district advised that the school cannot enforce the  
               restraining order because the student who is the subject of  
               the restraining order has a right to an education.  Should  
               this Committee pass legislation that could jeopardize a  
               student's right to an education?

          4)   School options.  This bill authorizes a school district to  
               transfer a student to another school in that district.  It  
               appears that many school districts with several schools  
               currently transfer students to another traditional school  
               within the district.  According to the author, this bill  
               addresses a situation related to a school district with a  
               single high school.  This bill would enable a school  
               district with one elementary, middle, or high school, or  
               one school all together, to transfer a student to an  
               alternative education setting, such as a continuation  
               school (for students age 16-18) or community day school  
               (for K-12 students).  

          Existing law requires each school district to operate  
               continuation classes for students' age 16-18 who have not  
               yet graduated from high school.  Students may be  
               voluntarily or involuntarily transferred to a continuation  
               school.  Existing law authorizes school districts to  
               operate a community day school for K-12 students who have  
               been expelled, or referred by a probation department,  
               school attendance review board, or other district level  








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               referral process.  It appears that school districts that  
               operate a continuation school but not a community day  
               school, and have no other schools in which to transfer a  
               student, would have no options pursuant to this bill to  
               transfer a student who is younger than age 16.   

          Should students be involuntarily transferred out of a  
               traditional school and into an alternative school, arguably  
               a less rigorous and less comprehensive education  
               opportunity?

          5)   Transfers to alternative schools.  Existing law prohibits a  
               student from being assigned to a community day school  
               unless the student has been expelled or referred by  
               probation, a school attendance review board, or other  
               district level referral process.  Any route of referral to  
               a community day school requires a process to determine if  
               the student should be transferred.  Existing law requires  
               school districts to adopt procedures for the involuntary  
               transfer of students to 


          continuation schools, including a determination based on  
               specific findings.  This bill does not provide for a  
               hearing or process to determine the basis for the transfer.  
                

          Existing law requires school districts, relative to an  
               involuntary transfer to a continuation school, to provide  
               written notice to the student and parent, and authorizes  
               the parent to request a meeting.  Existing law provides  
               that parents are to be included in the hearings or referral  
               processes (expulsion or attendance review board hearing),  
               relating to the involuntary transfer of a student to a  
               community day school.  This bill does not require parental  
               notification or participation in the determination prior to  
               transferring a student to an alternative school.  

          Existing law requires the decision to involuntarily transfer a  
               student to a continuation school to indicate whether the  
               decision is subject to periodic review and the procedure  
               therefor.  This bill does not provide for an opportunity  
               for a student who is involuntarily transferred to return to  
               the school of origin.  








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          6)   Restorative justice and multi-tiered systems of support.   
               The Legislature has recently passed several measures  
               relating to out-of-school discipline and support for the  
               establishment of restorative justice practices, whereby  
               schools address the root causes of behavior rather than  
               imposing out-of-school suspension or expulsion.  

          AB 104 (Committee on Budget, Ch. 13, 2015) among other things,  
               appropriated $10 million to the Superintendent of Public  
               Instruction to be apportioned to a designated county office  
               of education to provide technical assistance and develop  
               statewide resources to assist local educational agencies to  
               establish and align systems of learning and behavioral  
               supports.  The Governor's proposed budget includes an  
               additional $30 million for these purposes.

          7)   Matriculation.  This bill applies to schools serving any  
               and all grade levels.  This bill makes no provision for  
               students who are transferred while in elementary or middle  
               school to matriculate to the next school that the student  
               would have attended.  If a student is transferred while in  
               middle school, for example, will that student be allowed to  
               attend the high school in which he or she would have  
               attended if not transferred?

          8)   Related legislation.  AB 2489 (McCarty) requires the  
               California Department of Education (CDE) to develop a  
               standard model to implement restorative justice practices  
               on a school campus and make the standard model available on  
               the CDE's Internet Web site for use by any school district  
               that chooses to implement restorative justice practices as  
               part of its campus culture.  AB 2489 is pending in the  
               Assembly Appropriations Committee.

          9)   Prior legislation.  AB 1025 (Thurmond, 2015) required the  
               CDE to establish a three-year pilot program in school  
               districts to encourage inclusive practices that integrate  
               mental health, special education, and school climate  
               interventions following a multi-tiered framework.  AB 1025  
               was held in the Senate Appropriations Committee.

          SB 1396 (Hancock, 2014) would have provided funding to a  
               designated county office of education for the purposes of  








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               establishing a multi-tiered intervention and support  
               program that includes, but is not limited, the Schoolwide  
               Positive Behavior Intervention and Support program.  SB  
               1396 was held in the Assembly Appropriations Committee.

            SUPPORT
          
          None received.

            OPPOSITION
           
           American Civil Liberties Union
          Legal Services for Children
          Public Advocates
          Public Counsel
          Youth Law Center

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