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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