BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1343|
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THIRD READING
Bill No: SB 1343
Author: Wolk (D)
Amended: 4/12/16
Vote: 21
SENATE EDUCATION COMMITTEE: 9-0, 4/20/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,
Vidak
SUBJECT: Pupils: intradistrict transfer of pupil convicted
of violent felony or misdemeanor
SOURCE: Author
DIGEST: 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.
ANALYSIS:
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.
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(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)
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)
7)Provides, under the California Constitution, that all students
and staff of public schools, colleges and universities have
the inalienable right to attend campuses which are safe,
secure, and peaceful. (California Constitution, Article I, §
28)
Existing case law:
1)In Danielle S. v. Ezra C. (Westlaw 2840340, 2005), the Court
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Page 3
ruled that "Appellant's right to attend school is neither
absolute nor unilateral. He is not constitutionally entitled
to attend a specific school, particularly where his presence
on school grounds may interfere with the peaceful conduct of
the activities of the school or disrupt the school, its
students, its teachers or its other employees. ? Schools
have the obligation to protect pupils from violence and
mistreatment by other children. Only a total deprivation of a
state-given right to education would violate the United States
Constitution."
2)In Nathan G. v. Clovis Unified School District (224
Cal.App.4th 1393 (2014), the Court held that "a school or
district is not required to exhaust all other means prior to
involuntary transfer to a continuation school, and involuntary
transfer to a continuation school did not substantially affect
the student's fundamental interest in access to public
education."
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.
Comments
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
currently authorized 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, intimidating or
harassing the victim of an assault.
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
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another student, and the victim obtained a temporary restraining
order. Both students attend the same high school, and there is
only one traditional high school in the school district.
Counsel for the school district advised that the school cannot
enforce the restraining order because the district does not
operate another traditional high school in which to transfer the
student who is the subject of the restraining order, and that
student has a right to an education. Case law provides that a
student's right to attend school is neither absolute nor
unilateral, students are not entitled to attend a specific
school particularly where his presence at school may interfere
with peaceful conduct, only a total deprivation of a state-given
right to education would violate a student's right to an
education, and an involuntary transfer to a continuation school
did not substantially affect the student's fundamental interest
in access to public education. It appears that schools
currently have the ability to enforce a restraining order that
precludes a student from attending a traditional school, and to
transfer such student to a non-traditional school. This bill
has the practical effect of codifying case law.
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 enables 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).
Author has committed to amendments. At the April 20 hearing of
this bill in the Senate Education Committee, the author
committed to amending this bill as follows:
1)Require, if a school district chooses to transfer a student
pursuant to this bill, the school district to provide notice
to students and parents of this policy at the beginning of the
school year.
2)Create a process whereby the student and parent are notified
and provided an opportunity to meet with the school principal
prior to transfer.
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3)Require the school district to attempt to resolve the conflict
prior to transferring a student, such as through restorative
justice, counseling or other services.
4)Require a determination to be made if and when the student may
return to the school of origin.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/22/16)
None received
OPPOSITION: (Verified4/21/16)
American Civil Liberties Union of California
Legal Services for Children
Public Advocates
Public Counsel
Youth Law Center
Prepared by:Lynn Lorber / ED. / (916) 651-4105
4/22/16 12:32:10
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