BILL ANALYSIS �
SB 1088
Page 1
SENATE THIRD READING
SB 1088 (Price)
As Amended August 20, 2012
Majority vote
SENATE VOTE :38-0
EDUCATION 9-0 APPROPRIATIONS 12-0
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|Ayes:|Brownley, Norby, Ammiano, |Ayes:|Gatto, Blumenfield, |
| |Buchanan, Butler, Carter, | |Bradford, |
| |Eng, Halderman, Williams | |Charles Calderon, Campos, |
| | | |Davis, Fuentes, Hall, |
| | | |Hill, Cedillo, Mitchell, |
| | | |Solorio |
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SUMMARY : Specifies that a pupil shall not be denied enrollment
or readmission to a public school solely on the basis that he or
she had been arrested, adjudicated by a juvenile court, had been
formally or informally supervised by a probation officer, or was
detained for any length of time in a juvenile facility or was
enrolled in a juvenile court school.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable General Fund/Proposition 98 costs
to school districts.
COMMENTS : This bill prohibits a school district from denying
enrollment or readmission to a public school, regardless of
whether the pupil has been expelled or not, solely because he or
she has had contact with the juvenile justice system, including,
but not limited to: arrest, adjudication by a juvenile court,
formal or informal supervision by a probation officer, and
detention for any length of time in a juvenile facility or
enrollment in a juvenile court school. Many of the letters in
support of the bill stress the challenges they have experienced
attempting to help kids stabilize their lives by re-enrolling in
school. These may not be the kids who have been expelled from
school, but kids who got into trouble, were arrested, and
entered the juvenile justice system.
A 2010 report by the Center for Juvenile Justice Reform at
Georgetown University titled "Addressing the Unmet Educational
SB 1088
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Needs of Children and Youth in the Juvenile Justice and Child
Welfare Systems" identified an estimated 1.6 million youth who
are referred to juvenile court a year nationally. According to
the report, of those, approximately 24% are charged with
offenses against another person(s), 39% are charged with
property offenses, 12% involve drug-related offenses, and 25%
involve public order offenses. The report found that youth who
enter the juvenile justice system are often from low-income
families, have learning disabilities, have substance abuse
issues, or have experienced physical or emotional abuse. The
researchers found that "reenrollment of youth in schools
following discharge from a juvenile correctional facility has
been a perennial challenge as schools and school districts have
resisted reenrollment of formerly incarcerated youth." 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. Youth Law Center, one
of the co-sponsors of the bill, states that most youth who has
been involved in the juvenile justice system want to return to
school upon release.
The author states, "Across California, juvenile justice youth
are pushed out of school through the imposition of enrollment
barriers. Without any assessment or educational justification,
many of these youth, once released, are summarily denied
enrollment at their neighborhood school of attendance and forced
to attend alternative schools, often without the possibility of
returning to a comprehensive school setting. According to the
Department of Education, 66% 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
funneled into dropout recovery schools, county and community day
schools, independent study and continuation high schools which
graduate far fewer students than traditional institutions. For
these students, alternative schools represent an exit system,
the last step before dropping out. Sixty-three percent (63%) of
students attending continuation high schools drop out
altogether, eighty-one percent (81%) drop out at community day
schools and an astonishing ninety-eight percent (98%) exit at
Juvenile Court Schools. Some students are unable to find an
SB 1088
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appropriate school because they are denied enrollment at
multiple school-sites; frustrated and alienated, they are more
likely to drop out. African American and Latino students have
suffered disproportionality from this practice."
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0005089