BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 1088
AUTHOR: Price
INTRODUCED: February 15, 2012
FISCAL COMM: Yes HEARING DATE: March 28, 2012
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Readmission to school.
SUMMARY
This bill requires school districts to conduct a second
review for the readmission of pupils who have been expelled
and denied readmission, and prohibits schools from denying
enrollment or readmission to pupils solely on the basis
that he or she has had contact with the juvenile justice
system.
BACKGROUND
Current law prohibits a pupil 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. (Education Code � 48900)
Current law:
Discretion to expel
A school principal may recommend to the school district's
governing board that a pupil be expelled for violating any
number of acts, some of which include:
1) Attempting to cause or threatening to cause physical
injury to another person.
2) Being under the influence of a controlled substance.
3) Caused or attempted to cause damage to school
property.
4) Possessed or used tobacco.
5) Committed an obscene act or engaged in habitual
profanity or vulgarity.
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6) Possessed, offered, arranged or negotiated to sell
drug paraphernalia.
7) Engaged in, or attempted to engage in, hazing.
8) Engaged in an act of bullying. (EC � 48900, 48900.2,
48900.3, 48900.4, 48900.7)
The governing board of a school district, upon
recommendation by the principal, may order a pupil expelled
upon finding that the pupil committed any of the following
acts:
1) Causing serious physical injury to another person,
except in self-defense.
2) Possession of any knife or other dangerous object.
3) Unlawful possession of a controlled substance, except
for the first offense for possession of not more than
one ounce of marijuana.
4) Robbery or extortion.
5) Assault or battery upon a school employee.
6) Caused, attempted to cause, or threatened to cause
physical injury to another person.
7) Possessed, sold or furnished a firearm, knife,
explosive or other dangerous object.
8) Unlawfully possessed, used, sold or furnished or been
under the influence of a controlled substance.
9) Unlawfully offered, arranged, or negotiated to sell a
controlled substance, an alcoholic beverage or an
intoxicant of any kind.
10) Committed or attempted to commit robbery or extortion.
The decision to expel for any of the acts above must be
based on a finding of one or both of the following:
1) Other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
2) Due to the nature of the act, the presence of the
pupil causes a continuing danger to the physical
safety of the pupil or others. (EC � 48915(b))
The governing board of a school district, upon
recommendation by the principal, may order a pupil expelled
for various offenses, including damaging school property,
committing an obscene act, possession of drug
paraphernalia, disruption and defiance, upon finding either
of the following:
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1) Other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
2) Due to the nature of the violation, the presence of
the pupil causes a continuing danger to the physical
safety of the pupil or others.
(EC � 48915(e))
Mandatory expulsion
The federal Gun-Free School Act, as a condition of funding
pursuant to the Elementary and Secondary Education Act,
requires states to require the expulsion for one year of a
pupil who brings a firearm to school. (Title 20 of the
United States Code, Ch. 47, Subchapter VIII, � 14601)
State law requires school principals to immediately
suspend, and recommend expulsion of, a pupil who has
committed any of the following acts:
1) Possessing, selling, or furnishing a firearm.
2) Brandishing a knife at another person.
3) Unlawfully selling a controlled substance.
4) Committing or attempting to commit a sexual assault.
5) Possession of an explosive. (EC � 48915(c))
School principals are required to recommend that a pupil be
expelled for any of the following acts, unless the
principal finds that expulsion is inappropriate:
1) Causing serious physical injury to another person,
except in self-defense.
2) Possession of any knife or other dangerous object.
3) Unlawful possession of a controlled substance, except
for the first offense for possession of not more than
one ounce of marijuana.
4) Robbery or extortion.
5) Assault or battery upon a school employee. (EC �
48915(a))
The governing board of a school district is required to
order a pupil expelled upon finding that the pupil
committed an act listed above, and must refer that pupil to
a program of study that meets specified conditions. (EC �
48915(d))
Order to expel
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Governing boards of school districts are required to
conduct a hearing to consider the expulsion of a pupil in a
closed session, and may meet in closed session to
deliberate and determine whether the pupil should be
expelled. The decision of the governing board must be
based upon substantial evidence relevant to the charges.
Final action to expel a pupil must be taken in a public
session. (EC � 48918)
Appeal to the county board of education
A pupil who has been expelled, or the pupil's parent, may,
within 30 days of the decision of the governing board to
expel the pupil, file an appeal to the county board of
education. The county board is required to hold a hearing
to issue a decision. (EC � 48919)
Suspend order to expel
A school district governing board, upon voting to expel a
pupil, may suspend the enforcement of the expulsion order
for up to one calendar year and may, as a condition of the
suspension of the enforcement, assign the pupil to a
school, class or program that is deemed appropriate for the
rehabilitation of the pupil. Upon satisfactory completion
of the rehabilitation assignment, the governing board must
reinstate the pupil in a school within the district and may
also order the expungement of any or all records of the
expulsion proceedings.
(EC � 48917)
Alternative education
The governing board of the school district, at the time
expulsion is ordered, must ensure that an educational
program is provided to the pupil. The district or county
program (community day schools or community schools) is the
only program required to be provided to expelled pupils.
Each school district governing board may determine to
provide additional programmatic options.
(EC � 48916.1)
Pupils expelled from school for serious offenses such as
possessing a firearm, brandishing a knife, causing serious
physical injury, selling a controlled substance or
committing a sexual assault are prohibited from enrolling
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in any school other than a community school, community day
school, or juvenile court school. (EC � 48915.2)
1) Community day school
The governing board of a school district is authorized to
establish one or more community day schools to serve
pupils who have been expelled for any reason, or
referred by probation or a school attendance review
board. (EC � 48660 & 48662)
2) County community school
A county board of education is authorized to maintain one
or more community schools to serve pupils who have
been expelled (except for the most serious offenses),
referred by an attendance review board or probation,
or are homeless. (EC � 1980)
3) Juvenile court schools
Juvenile court schools are public schools or classes
operated by the county superintendent of schools in
juvenile halls, homes, day centers, ranches, camps,
and youth correctional facilities. (EC 48645.1,
48645.2)
Credit for coursework
Each school district and county office of education must
accept for credit full or partial coursework satisfactorily
completed by a pupil while attending a public school,
juvenile court school, or non-public school or agency.
This section applies to all pupils, whether or not they
have been expelled or incarcerated. (EC � 48645.5)
Rehabilitation plan
The governing board is required to recommend a plan of
rehabilitation for the pupil at the time of the expulsion
order, which may include periodic review as well as
assessment at the time of review for readmission. The plan
may also include recommendations for improved academic
performance, tutoring, special education assessments, job
training, counseling, employment, community service, or
other programs. (EC 48916(b))
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Readmission after expulsion
Governing boards are required to set a date, not later than
the last day of the semester following the semester in
which the expulsion occurred, when the pupil shall be
reviewed for readmission to a school within the district or
the school the pupil last attended. (EC � 48916(a))
Governing boards are required to set a date of one year
from the date the expulsion occurred for a pupil who has
been expelled for:
Possessing, selling, or furnishing a firearm.
Brandishing a knife at another person.
Unlawfully selling a controlled substance.
Committing or attempting to commit a sexual
assault.
Possession of an explosive. (EC � 48916(a))
Each school district is required to adopt rules and
regulations establishing a procedure for the filing and
processing of requests for readmission and the process for
the required review of all expelled pupils for readmission.
(EC � 48916(c))
The governing board of a school district may permit, after
the term of expulsion, the enrollment of a pupil expelled
from another district for one of the most serious offenses
if the board determines the pupil no longer poses a threat.
(EC � 48915.2 (b))
The governing board of a school district that receives a
request for enrollment from a pupil who has been expelled
from another school district for acts other than the most
serious offenses must hold a hearing to determine whether
the individual poses a continuing danger to pupils or
employees. If the board finds the pupil does pose a
danger, the pupil must be permitted to enroll if the pupil
has established residence in the district or enrolled
pursuant to an interdistrict agreement. (EC �
48915.1(a)(e))
ANALYSIS
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This bill requires school districts to conduct a second
review for the readmission of pupils who have been expelled
and denied readmission, and prohibits schools from denying
enrollment or readmission to pupils solely on the basis
that he or she has had contact with the juvenile justice
system. Specifically, this bill:
Readmission after expulsion
1) Requires school district governing boards to set a
date, before the last day of the semester after which
a pupil was denied readmission after expulsion, to
reevaluate the pupil for readmission to a regular
school district program or to the school from which
the pupil was expelled.
2) Requires the reevaluation to be conducted in the same
manner as the initial readmission procedure.
3) Requires the governing board to include in the
existing notice giving reasons for denying readmission
the date on which the pupil will be reevaluated for
readmission.
Readmission after incarceration
Prohibits a pupil 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 but not limited to:
1) Arrest.
2) Adjudication by a juvenile court.
3) Formal or informal supervision by a probation officer.
4) Detention for any length of time in a juvenile
facility or enrollment in a juvenile court school.
STAFF COMMENTS
1) Need for the bill . According to the author, "Across
California, juvenile justice youth often face imposing
barriers to school enrollment. Without any assessment
or educational justification, many of these youth,
once released, are subject to be denied enrollment at
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their neighborhood school of attendance and too often
are forced to attend alternative schools. According
to the Department of Education, 24% of youth leaving
juvenile detention do not enroll in their local school
district within 30 calendar days. Youth who have had
contact with the juvenile justice system are often
referred to dropout recovery schools, county and
community day schools, independent study and
continuation high schools which graduate a lower
percentage of students than traditional public
schools. Some students are unable to find an
appropriate school because they are denied enrollment
at multiple schoolsites; frustrated and alienated,
they are more likely to drop out. African American
and Latino students have suffered disproportionally
from this practice."
2) Length of expulsion . Pupils are typically expelled
for the remainder of the semester in which the
expulsion occurred plus the following semester.
Students are expelled for a year if expelled for:
a) Possessing, selling, or furnishing a
firearm. (Required by the federal Gun-Free
Schools Act.)
b) Brandishing a knife at another person.
c) Unlawfully selling a controlled substance.
d) Committing or attempting to commit a sexual
assault.
e) Possession of an explosive.
3) Process to review readmission . Each school district
is required to adopt rules and regulations
establishing a procedure for the filing and processing
of requests for readmission and the process for the
required review of all expelled pupils for readmission
(upon completion of the term of expulsion). It
appears that typically, school district staff reviews
a pupil's progress on his or her rehabilitation plan
upon completion of the term of expulsion or upon a
request for readmission. The staff then makes a
recommendation to the district governing board, which
then makes a decision in closed session of a board
meeting. The impact of an additional review for
readmission on school districts will likely depend
upon each district's policy and how many pupils are
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expelled by the district.
It is unclear how many pupils are readmitted after
expulsion. It is unclear if a pupil may request a
review for readmission after that pupil has already
been denied.
Data from the statewide summary of the report on the number
of pupils served with federal Title I funds shows
that, in the 2009-10 school year, 13,693 of the 56,492
pupils served in juvenile detention enrolled in a
comprehensive public school within 30 days of exiting
a juvenile court school.
4) Related legislation . SB 1235 (Steinberg) requires
schools that have suspended more than 25% of the
school's enrollment or more than 25% of any
numerically significant racial or ethnic subgroup of
the school's enrollment in the prior school year to
implement, for at least three years, at least one
specified strategies to reduce the suspension rate or
disproportionality. SB 1235 is scheduled to be heard
in this Committee on March 28, 2012.
AB 1729 (Ammiano) authorizes school districts or school
principals to use discretion to provide alternatives
to suspension or expulsion that are designed to
address and correct the root causes of the pupil's
behavior, requires IEP team meeting to be held within
three days to determine if a fundamental behavioral
assessment and behavioral intervention plan are
needed, and describes other means of corrective
action. AB 1729 is scheduled to be heard by the
Assembly Education Committee on April 11, 2012.
AB 1732 (Campos) identifies conduct that would constitute a
post on a social media website, relative to
cyberbullying. AB 1732 is scheduled to be heard by
the Assembly Education Committee on March 28, 2012.
AB 2032 (Mendoza) requires charter schools to be subject to
the same suspension and expulsion provisions as other
public schools. AB 2032 is scheduled to be heard by
the Assembly Education Committee on April 11, 2012.
AB 2145 (Alejo) relates to the disaggregation of suspension
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and expulsion data by subgroup, and the reporting and
availability of suspension and expulsion data. AB
2145 is pending in the Assembly Education Committee.
AB 2242 (Dickinson) provides that disruption or willful
defiance could result in in-school suspension but not
out-of-school suspension or
expulsion. AB 2242 is scheduled to be heard by the
Assembly Education Committee on April 11, 2012.
AB 2300 (Swanson) states legislative intent relative
to ensuring community service hours replace
suspensions as a primary method of pupil discipline.
AB 2300 is pending in the Assembly.
AB 2537 (V. Manuel Perez) gives schools wider
discretion for currently required suspensions and
expulsions, and reduces the offenses for which
expulsion is mandatory to mirror federal law (only for
possession of a firearm).
SUPPORT
Advancement Project
American Civil Liberties Union
Books Not Bars
California Rural Legal Assistance Foundation
California State Conference of the National Association for
the Advancement of
Colored People
Californians for Justice Education Fund
Center on Juvenile and Criminal Justice
Children's Defense Fund-California
Coleman Advocates for Children & Youth
Community Asset Development Re-defining Education
Disability Rights Legal Center
East Bay Children's Law Offices
Gay-Straight Alliance Network
Lawyers' Committee for Civil Rights of the San Francisco
Bay Area
Legal Services for Children
Legal Services for Prisoners with Children
Mentoring Center
Mexican American Legal Defense and Educational Fund
National Center for Youth Law
New America Foundation
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Office of Restorative Justice of the Archdiocese of Los
Angeles
Prison Law Office
Public Counsel
W. Haywood Burns Institute
Youth Law Center
OPPOSITION
None on file.