BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1343|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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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
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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:
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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."
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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
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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.
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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
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