BILL ANALYSIS �
AB 2300
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Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2300 (Swanson) - As Amended: April 24, 2012
Policy Committee:
EducationVote:10-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill prohibits a school, at the request of a pupil or his
or her parent/guardian, from disclosing a pupil's disciplinary
records relating to a suspension to a postsecondary educational
institution under specified circumstances. Specifically, this
bill:
1)Specifies the prohibition is related to the disclosure of
records in the course of providing data or other pupil related
information.
2)Specifies the prohibition applies if: (a) the suspension was
for a minor offense specified in the policy adopted by school
districts and (b) the pupil has completed five hours of
approved community service (during non-school hours) for each
suspension and submitted proof of completion.
3)Requires a school district to adopt a policy regarding which
behaviors constitute minor offenses for the purposes of this
measure, as specified.
4)Requires the pupil, if he or she opts to complete community
service, to get approval from the school prior to beginning
the service. Further authorizes a school to reject community
service that it finds to be of little or no educational value,
and requires the pupil to submit proof of completion of the
service, as specified.
5)Declares legislative intent that this measure not be construed
to eliminate or change the obligation of a school to report
suspension offenses to the State Department of Education (SDE)
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or otherwise report or maintain disciplinary data.
FISCAL EFFECT
1)One-time GF/98 state reimbursable mandated costs, likely in
excess of $400,000, to school districts to develop a policy
regarding what constitutes minor suspension offenses pursuant
to this measure. These costs are associated with staff time
to develop the policy and go before the school board for its
approval.
2)Annual GF/98 costs of at least $1.7 million to school
districts to ensure students get approval and complete
community service, as specified.
COMMENTS
1)Purpose . Students who make mistakes in high school should not
have to carry these mistakes forward into their adult life,
particularly if they have paid the consequences. There are a
number of students who get suspended and would like to pursue
higher education opportunities. This bill prohibits a school,
at the request of a pupil or his or her parent/guardian, to
disclose the pupil's disciplinary records relating to a
suspension(s) to a postsecondary educational institution under
specified circumstances.
2)Background . Federal law requires the state to report the
number of expulsions and suspensions. There were 700,844
pupils (11% of enrollment) suspended and 18,649 pupils (0.03%
of enrollment) expelled from California schools in 2010-11.
Also, 1.8 million pupils (29% of enrollment) were classified
as truants.
3)Acts that constitute a suspension or expulsion . Existing law
prohibits a pupil from being suspended from school or
recommended for expulsion, unless the superintendent or the
principal of the school determines the pupil has committed any
following act:
a) Caused, attempted to cause, or threatened to cause
physical injury to another person.
b) Willfully used force or violence upon another person,
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except in self-defense.
c) Possessed, sold, or furnished a firearm, knife,
explosive or other dangerous object, as specified.
d) Unlawfully possessed, used, sold, or furnished, or been
under the influence of, a controlled substance.
e) Unlawfully negotiated or arranged to sell a controlled
substance, as specified.
f) Committed or attempted to commit robbery or extortion.
g) Caused or attempted to cause damage to school property
or private property.
h) Stolen or attempted to steal school property or private
property.
i) Possessed or used tobacco or products containing
tobacco, as specified.
j) Committed an obscene act or engaged in habitual
profanity or vulgarity.
aa) Disrupted school activities or otherwise willfully
defied the valid authority of supervisors, teachers,
administrators, school officials, or other school personnel
engaged in their performance of their duties.
bb) Knowingly received stolen school property or private
property.
cc) Possessed an imitation firearm, as specified.
dd) Committed or attempted to commit sexual assault, as
specified.
ee) Harassed, threatened, or intimidated a pupil who is a
complaining witness or a witness in a school disciplinary
preceding, as specified.
ff) Unlawfully offered, arranged/negotiated to sell, or sold
the prescription drug Soma.
gg) Engaged in, or attempted to engage in, hazing, as
specified.
hh) Engaged in the act of bullying, as specified.
ii) Committed sexual harassment, as specified.
Statute also authorizes a school district superintendent or
principal to use his or her discretion to provide alternatives
to suspension or expulsion, including, but not limited to, an
anger management program.
4)Unpaid K-12 mandates . According to the Legislative Analyst's
Office, the state owes approximately $3.4 billion in K-12
mandate costs for prior years. Prior to the 2010 Budget Act,
the state deferred mandate payments for several years with the
promise of making the payments to school districts in future
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years. As a result, districts did not received payment for
annual services they were required to conduct, including the
school safety plan mandate. The K-12 pupil suspension and
expulsion mandates total approximately $10.7 million GF/98
annually.
SB 90 (Committee on Budget and Fiscal Review), Chapter 7,
Statutes of 2011 allocated $80 million GF/98 to school
districts for annual K-12 mandate costs; the state, however,
still owes school districts for the prior year costs.
5)Governor's proposal to establish K-12 mandate block grant . The
January 2012-13 proposed budget eliminates approximately 25
(50%) of the 50 K-12 mandates and establishes a K-12 optional
mandate block grant as a mechanism for LEAs and charter
schools to receive state reimbursement for the remaining 25
mandates, including all mandates related to pupil suspension
and expulsion. The majority of the 25 mandates that are
proposed to be eliminated are already suspended in the current
year pursuant to 2011 Budget Act. Pupil suspension and
expulsion mandates are currently active; the governor's
proposal, however, eliminates these mandates.
The 2012-13 proposed budget provides $178 million for the new
optional, mandate block grant, which funds the remaining 25
mandates. This funding equates to approximately $30 per pupil
for school districts, $89 per pupil for COEs, and $26 per
pupil for charter schools. LEAs and charter schools can either
choose to participate or submit mandate claims directly to the
Commission on State Mandates, which is the current process for
reimbursement. If an LEA or a charter school receives the
block grant funding, they are required to meet all activities
associated with the 25 mandates funded in the block grant.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081