BILL ANALYSIS Ó SB 1343 Page 1 SENATE THIRD READING SB 1343 (Wolk) As Amended May 4, 2016 Majority vote SENATE VOTE: 35-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Education |7-0 |O'Donnell, Olsen, | | | | |Kim, McCarty, | | | | |Santiago, Thurmond, | | | | |Weber | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Authorizes a school district to transfer a pupil convicted of a violent felony or a specified misdemeanor to another school in the school district if the pupil and the victim of the crime are enrolled at the same school. Specifically, this bill: 1)Requires the governing board of a school district to do the SB 1343 Page 2 following prior to transferring a pupil: a) Adopt a policy at a regularly scheduled meeting that contains all of the following provisions: i) A requirement that the pupil and pupil's parent or guardian 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 pupil, including, but not limited to, using restorative justice, counseling, or other services. iii) Whether the decision to transfer a pupil 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 pupil. b) Provide notice of the policy to parents or guardians as part of the annual parent notification. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: Purpose of the bill. The author states, "Recently a SB 1343 Page 3 student was convicted of an off-campus violent felony against another student and the local school board was advised not to transfer the perpetrator to a different high school because the incident occurred off-campus and the district had only one comprehensive high school. The victim obtained a temporary restraining order but schools aren't enforcement agencies. As a result, the victim had to change his classes to avoid direct daily contact with his attacker. Because they were students at the same school the perpetrator wasn't restricted in his access to the victim or to school activities thus violating the victim's constitutional right to attend a safe school." This bill authorizes a school district to transfer a pupil who has been convicted of a specified violent felony, including murder, rape, great bodily injury, threats to a victim or witness, robbery, and burglary, or a misdemeanor associated with possession of a fire arm, if the pupil and the victim are enrolled at the same school. The bill requires the governing board of a school district that chooses to exercise this authority to first adopt a policy with specified requirements, including the process that will be used to determine whether to approve or disapprove a transfer and the requirement to first attempt to resolve the conflict, such as through counseling or restorative justice. The bill also requires the school district to include notification of the policy in the annual parent notification. Transfers to alternative programs. Existing law allows a school district to transfer a pupil involuntarily to a continuation high school if a pupil has committed an act that may lead to a suspension or expulsion and the principal determines that the pupil's presence causes a danger to persons or property or threatens to disrupt the instructional process. Existing law prohibits a student from being assigned to a community day school unless the student has been expelled or SB 1343 Page 4 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. Existing law prohibits a school district from preventing enrollment or readmission to a public school solely because the pupil was involved in the juvenile justice system. Is the involuntary transfer of a pupil who was convicted of a crime inconsistent with this law? The Senate Floor analysis cites the following related 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." 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." Public Advocates, writing in opposition of the bill, states, "Codifying the district's ability to transfer a student who has SB 1343 Page 5 been convicted of an offense, even after the student has served a sentence for the offense, is not necessary. The criminal and justice court systems already provide existing legal tools every day to protect student victims, including for example restraining orders and 'stay away' orders. These orders can be and are utilized to prevent a student from attending a certain school in a situation in which a judge - who has the benefit of a full understanding of all of the facts at play - determines that is necessary to separate students in this way, whether from the person of a victim or from an entire school site. Judicial oversight of this type is critical because every interaction between a victim and perpetrator is different, and careful consideration of the facts underlying an offense is necessary before a determination is made to remove a student from his or her school." Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0003533