BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1343| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1343 Author: Wolk (D) Amended: 5/4/16 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, if certain conditions are met, 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. Senate Floor Amendments of 5/4/16 place the following conditions on the authority of a school district to transfer a student who has been convicted of certain crimes against another student: 1)The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: a) A requirement that the student and student's parent be notified of the right to request a meeting with the school SB 1343 Page 2 principal or designee of the school or school district. b) A requirement that the school first attempt to resolve the conflict before transferring a student, including, but not limited to, using restorative justice, counseling, or other services. c) Whether the decision to transfer a student is subject to periodic review and the procedure for conducting the review. d) 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 student. 2)The governing board of the school district has provided notice of the policy to parents as part of the annual notification required by existing law. The amendments also make conforming changes to existing provisions relative to the annual notification of parents. 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. (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: SB 1343 Page 3 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 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." SB 1343 Page 4 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: 1)Authorizes the governing board of a school district, if certain conditions are met, 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. 2)Places the following conditions on the authority of a school district to transfer a student who has been convicted of certain crimes against another student: a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: i) A requirement that the student and student's parent be notified of the right to request a meeting with the school principal or designee of the school or school district. ii) A requirement that the school first attempt to resolve the conflict before transferring a student, including, but not limited to, using restorative justice, counseling, or other services. iii) Whether the decision to transfer a student is subject to periodic review and the procedure for conducting the review. iv) 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 SB 1343 Page 5 student. b) The governing board of the school district has provided notice of the policy to parents as part of the annual notification required by existing law. 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 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. SB 1343 Page 6 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). FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified5/6/16) None received OPPOSITION: (Verified5/6/16) East Bay Community Law Center Equal Justice Society Public Advocates Public Counsel Prepared by:Lynn Lorber / ED. / (916) 651-4105 5/6/16 14:26:33 **** END **** SB 1343 Page 7