BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          1343 (Wolk)


          As Amended  May 4, 2016


          Majority vote


          SENATE VOTE:  35-0


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          |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  








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            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  








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          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  








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          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  








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          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