Senate Bill No. 1111

Introduced by Senator Lara

February 19, 2014

An act to amend Sections 1981, 1983, 48660.1, 48662, and 48918 of, to add Sections 1981.5 and 48662.5 to, and to repeal Section 1981.2 of, the Education Code, relating to pupils.

LEGISLATIVE COUNSEL’S DIGEST

SB 1111, as introduced, Lara. Pupils: involuntary transfer: county community schools and community day schools.

(1) Existing law authorizes a county board of education to establish and maintain one or more community schools into which the county board of education may enroll specified pupils, including, but not limited to, pupils who are expelled for specified reasons, referred as the result of the recommendation by a school attendance review board, probation referred, or homeless children.

This bill would revise the list of pupils who may be involuntarily enrolled in a county community school to limit the kind of probation referrals and remove homeless children. The bill, with regard to pupils referred as the result of a recommendation by the school attendance review board, would require that the school district and the county office of education determine that the county community school has space available to enroll the pupil, that the pupil’s educational needs will be met by the county community school, and that the parent, guardian, or responsible adult of the pupil does not expressly object to the referral. The bill would require the school attendance review board to include a school option that is geographically accessible, as defined, to the pupil, if the county community school is not geographically accessible, as specified. The bill would also provide that the pupil has the right to return to his or her previous school, or other appropriate school, at the end of the semester following the semester when the acts leading to referral occurred. The bill would allow enrollment of certain other pupils in a county community school with the consent of the pupil’s parent, guardian, or responsible adult. The bill would authorize, with respect to certain probation referrals to a county community school, certain persons, including the attorney for a pupil who is under the jurisdiction of a delinquency court, to take specified actions related to the enrollment of a pupil in a county community school.

(2) Existing law requires a county community school to prescribe an individually planned educational program based on an educational assessment for each pupil. Existing law requires the course of study of a county community school to be adopted by the county board of education to enable each pupil to continue academic work leading to the completion of a regular high school program.

This bill would require county boards of education operating county community schools to ensure, among other things, that appropriate services and programs specified in a pupil’s individualized education program are provided.

(3) Existing law authorizes the governing board of a school district to establish one or more community day schools for pupils in any of kindergarten and grades 1 to 12, inclusive. Existing law authorizes the governing board of a school district to assign a pupil to a community day school only if the pupil meets specified conditions, including, but not limited to, being expelled, being referred by a school attendance review board or other district-level referral process, and being probation referred pursuant to specified law.

This bill would revise the list of pupils who may be involuntarily transferred to a community day school to limit the kind of probation referrals. The bill would impose certain conditions on the involuntary transfer of a pupil referred by the school attendance review board or other district-level referral process and would require the school attendance review board or other district-level referral process to include a geographically accessible school option if the community day school is not geographically accessible. The bill would allow enrollment of certain other pupils in a community day school with the consent of the pupil’s parent or guardian. The bill would authorize, with respect to certain probation referrals to a community day school, certain persons, including the attorney for a pupil who is under the jurisdiction of a delinquency court, to take specified actions related to the enrollment of a pupil in a community day school.

(4) Existing law states the intent of the Legislature that community day schools include specified program components, including, but not limited to, individualized instruction and assessment.

This bill would state the intent of the Legislature that, if an individualized assessment shows that the pupil requires additional educational services that are not offered at the community day school, the parent, guardian, or responsible adult of the pupil shall be informed, and that the probation officer relative to a pupil ordered placed in a community day school by court order shall also be informed. The bill would require school districts operating community day schools to ensure that appropriate services and programs, as provided, are provided to certain pupils, as specified. The bill would authorize a school district to require a pupil, with the consent of his or her parent or guardian, to enroll in a county-supported drug rehabilitation program pursuant to a specified provision.

(5) This bill would provide a pupil who has been involuntarily enrolled in a county community school or a community day school the right to reenroll in his or her former school or another comprehensive school immediately after being readmitted from an expulsion order or court-ordered placement. The bill would provide that only the governing board of the school district that issued the initial order or subsequent order to expel may extend the duration of an expelled pupil’s placement in a county community school or a community day school.

(6) Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils. Existing law requires the adopted rules and regulations to require, if a hearing officer or administrative panel decided not to recommend expulsion, the expulsion proceedings to be terminated and the pupil to be immediately reinstated and permitted to return to a classroom instructional program, any other instructional program, a rehabilitation program, or any combination of these programs.

This bill would require the adopted rules and regulations to instead require that the pupil be permitted to return only to the classroom instructional program from which the expulsion referral was made, unless a parent, guardian, or responsible adult of the pupil requests another school placement in writing. The bill would, before the placement decision is made by the parent, guardian, or responsible adult, require the superintendent of schools or the superintendent’s designee to consult with school district personnel, including the pupil’s teachers, and the parent, guardian, or responsible adult regarding any other school placement options for the pupil in addition to the option to return to his or her classroom instructional program from which the expulsion referral was made. By requiring the governing board of a school district to establish or revise the rules and regulations governing procedures for the expulsion of pupils, the bill would impose a state-mandated local program.

(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1981 of the Education Code is amended
to read:

1981.  

The county board of education may enroll begin insert pupils end insert in a
begin insert county end insert community school begin delete pupils end delete who are any of the following:

(a) Expelled from a school district for any reason other than
those specified in subdivision (a) or (c) of Section 48915.

(b)  begin insert (1) end insert begin insert   end insert Referred to begin insert a end insert county community begin delete schools end delete begin insert school end insert by a
school district as a result of the recommendation by a school
attendance review begin delete board or pupils whose school districts of
attendance have, at the request of the pupil’s parent or guardian,
approved the pupil’s enrollment in a county community school. end delete
begin insert board. A pupil shall not be referred to a county community school
by a school district unless the school district and the county office
of education determine all of the following: end insert

begin insert

(A) The county community school has space available to enroll
the pupil.

end insert begin insert

(B) The county community school meets the educational needs
of the pupil.

end insert begin insert

(C) The parent, guardian, or responsible adult of the pupil has
not expressly objected to the referral.

end insert begin insert

(2) If the county community school recommended pursuant to
paragraph (1) is not geographically accessible to the pupil, the
school attendance review board shall also include in its
recommendation a school option for the pupil that is
geographically accessible to the pupil and for which the school
district and the county office of education determine all of the
following:

end insert begin insert

(A) The recommended school option has space available to
enroll the pupil.

end insert begin insert

(B) The recommended school option meets the educational needs
of the pupil.

end insert begin insert

(C) The parent, guardian, or responsible adult of the pupil has
not expressly objected to the recommended school option.

end insert begin insert

(3) The pupil has the right to return to his or her prior school
or another appropriate school within his or her school district at
the end of the semester following the semester when the acts
leading to referral occurred.

end insert begin insert

(c) (1) (A) On probation, with or without the supervision of a
probation officer and consistent with an order of a juvenile court,
who are considered to be wards of the court under Sections 601
and 602 of the Welfare and Institutions Code and ordered placed
pursuant to Sections 725, 729.2, and 791 of, and paragraph (2)
of subdivision (a) of Section 727 of, the Welfare and Institutions
Code.

end insert begin delete

(c) (1)  Probation-referred pursuant to Sections 300, 601, 602,
and

end delete

begin insert (B) end insert begin insert   end insert begin insert Under the supervision of a probation officer, with the
consent of the minor and the minor’s parent or guardian, pursuant
to Section end insert 654 of the Welfare and Institutions Code.

begin insert

(C) Under the supervision of a probation officer pursuant to
Section 726 and paragraph (3) of subdivision (a) of Section 727
of the Welfare and Institutions Code with the consent of the pupil’s
parent, guardian, or responsible adult appointed by the juvenile
court to make educational decisions for the pupil. The enrollment
of a minor covered by this paragraph in a county community school
shall be consistent with paragraph (2) of subdivision (c) of Section
726 of the Welfare and Institutions Code, which provides that all
educational and school placement decisions shall seek to ensure
that the youth is in the least restrictive educational program, has
access to the academic resources, services, and extracurricular
and enrichment activities that are available to all pupils, and are
based on the best interests of the child.

end insert begin insert

(D) Unless specifically ordered by a juvenile court, nothing in
this subdivision shall be construed to conflict with the existing
rights of a parent, guardian, or responsible adult appointed by
the juvenile court pursuant to Section 726 of the Welfare and
Institutions Code to make educational placement decisions for the
minor.

end insert begin insert

(E) With respect to a pupil’s enrollment in a county community
school pursuant to subparagraph (B) or (C), and consistent with
paragraph (2) of subdivision (c) of Section 726 of the Welfare and
Institutions Code and California Rule of Court 5.651, all of the
following shall apply:

end insert begin insert

(i) The attorney for, or the person holding the educational rights
of, a pupil who is under the jurisdiction of the delinquency court
may use the procedures set forth in California Rule of Court 5.651
to address any change of placement that results in the enrollment
of the pupil in a county community school that is not his or her
school of origin.

end insert begin insert

(ii) The attorney or the person holding the educational rights
appointed by the court for a pupil who is under the jurisdiction of
the delinquency court may, during a regularly scheduled hearing,
raise any concerns with respect to whether the enrollment of the
pupil in a county community school is meeting the educational
needs of the pupil.

end insert begin insert

(iii) Nothing in this subparagraph is intended to limit in any
way the rights or responsibilities of any person as set forth in
paragraph (2) of subdivision (c) of Section 726 of the Welfare and
Institutions Code and California Rule of Court 5.651.

end insert

(2) On probation or parole and not in attendance begin insert at any school,
where enrollment is with the consent of the parent, guardian, or
responsible adult, or the pupil, if he or she is 18 years of age or
older. Nothing end insert in begin delete any school. end delete begin insert this subdivision shall impact the
provision of services or funding for youth up to 25 years of age
pursuant to subdivision (b) of Section 1982, as that section read
on September 25, 2013. end insert

(3) Expelled for any of the reasons specified in subdivision (a)
or (c) of Section 48915.

begin insert

(4) Enrollment in a county community school pursuant to this
subdivision shall be consistent with subdivision (b) of Section
48645.5.

end insert

(d)  begin delete Homeless children. end delete begin insert Pupils whose school districts of
attendance, or, for pupils who do not have school districts of
attendance, school districts of residence, have, at the request of
the pupil’s parent, guardian, or responsible adult, approved the
pupil’s enrollment in a county community school, subject to the
following: end insert

begin insert

(1) A pupil shall not be enrolled in a county community school
pursuant to this subdivision unless the school district determines
that the placement will promote the educational interests of the
pupil and the county community school has space available to
enroll the pupil.

end insert begin insert

(2) A parent, guardian, or responsible adult of a pupil enrolled
in a county community school pursuant to this subdivision may
rescind the request for the placement, and the pupil shall be
immediately reenrolled in the school that the pupil attended at the
time of the referral, or, with the consent of the parent, guardian,
or responsible adult, another appropriate school.

end insert begin insert

(e) The procedures outlined in subdivisions (b) to (e), inclusive,
of Section 51225.2 govern the transfer of credits, records, including
special education records, and grades required pursuant to
subdivision (a) of Section 48645.5 and Section 49068 when the
pupil transfers to and from the county community school.

end insert begin insert

(f) For purposes of this section, “geographically accessible”
means that the pupil can reasonably travel to and from the school
and is able to pay for any transportation costs that are above and
beyond the costs to attend his or her school of residence or prior
school, whichever is farther away.

end insert

SEC. 2.  

Section 1981.2 of the Education Code is repealed.

begin delete

1981.2.  

For purposes of this chapter, the term “homeless
children” means either of the following:

(a) A schoolaged child who lacks a fixed, regular, and adequate
nighttime residence.

(b) A schoolaged child who has a primary nighttime residence
that is any of the following:

(1) A supervised publicly or privately operated shelter designed
to provide temporary living accommodations.

(2) An institution that provides a temporary residence for
individuals intended to be institutionalized.

(3) A temporary, makeshift arrangement in the accommodations
of other persons.

(4) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.

end delete

SEC. 3.  

Section 1981.5 is added to the Education Code, to
read:

1981.5.  

(a) A pupil who is involuntarily enrolled in a county
community school pursuant to subdivision (a) of, or subparagraph
(A) of paragraph (1) or paragraph (3) of subdivision (c) of, Section
1981 shall have the right to reenroll in his or her former school or
another comprehensive school immediately after being readmitted
from the expulsion order pursuant to Section 48916 or
court-ordered placement. Nothing in this section is intended to
limit the school placement options that a school district may
recommend for a pupil being readmitted.

(b) Consistent with the process and procedures set forth in
Section 48916, only the governing board of the school district that
issued the initial order or subsequent order to expel may extend
the duration of an expelled pupil’s placement in a county
community school.

SEC. 4.  

Section 1983 of the Education Code is amended to
read:

1983.  

(a) Pupils enrolled in county community schools shall
be assigned to classes or programs deemed most appropriate for
reinforcing or reestablishing educational development.

(b)  begin delete Such end delete begin insert These end insert classes or programs may include, but need not
be limited to, basic educational skill development, on-the-job
training, begin delete tutorial assistance, independent study requirements, end delete begin insert school
credit recovery assistance, tutorial assistance, end insert and individual
guidance activities.

begin insert

(c) To the extent that independent study is determined to satisfy
the individually planned educational program described in
subdivision (d) for a pupil attending a county community school,
it shall meet all the requirements of Article 5.5 (commencing with
Section 51745) of Chapter 5 of Part 28 of Division 4 of Title 2,
including the requirement that entry into that program is voluntary.

end insert begin delete

(c)

end delete

begin insert (d) end insert  An individually planned educational program based upon
an educational assessment shall be prescribed for each pupil.

begin delete

(d)

end delete

begin insert (e) end insert  The course of study of a county community school shall be
adopted by the county board of education and shall enable each
pupil to continue academic work leading to the completion of a
regular high school program.

begin insert

(f) Pursuant to Part 30 (commencing with Section 56000) of
Division 4 of Title 2 of this code, Chapter 33 (commencing with
Section 1400) of Title 20 of the United States Code, and
accompanying state and federal regulatory provisions, county
boards of education operating county community schools shall
ensure that assessments are administered in all areas of suspected
disability and appropriate services and programs as specified in
a pupil’s individualized education program are provided.

end insert begin insert

(g) County boards of education operating county community
schools shall ensure that appropriate services and programs
designed to address the language needs of pupils identified as
English learners are provided in compliance with all applicable
state and federal laws and regulatory provisions.

end insert

SEC. 5.  

Section 48660.1 of the Education Code is amended to
read:

48660.1.  

begin insert (a) end insert begin insert   end insert It is the intent of the Legislature that school
districts operating community day begin delete schools end delete begin insert schools, end insert to the extent
begin delete possible end delete begin insert possible, end insert include the following program components:

begin delete

(a)

end delete

begin insert (1) end insert  School district cooperation with the county office of
education, law enforcement, probation, and human services
agencies personnel who work with at-risk youth.

begin delete

(b)

end delete

begin insert (2) end insert  Low pupil-teacher ratio.

begin delete

(c)

end delete

begin insert (3) end insert  Individualized instruction and assessment. begin insert If an
individualized assessment shows that the pupil requires additional
educational services, supports, such as mental health counseling,
or classes, that are not offered at the community day school, the
parent, guardian, or responsible adult of the pupil shall be
informed. If the pupil has been placed pursuant to a court order
as described in paragraph (2) of subdivision (a) of Section 48662,
the probation officer shall also be informed. end insert

begin delete

(d)

end delete

begin insert (4) end insert  Maximum collaboration with school district support service
resources, including, but not limited to, school counselors and
psychologists, academic counselors, and pupil discipline personnel.

begin insert

(5) A course of study that enables each pupil to continue
academic work leading to the completion of a regular high school
program.

end insert begin insert

(b) (1) For an expelled pupil, if the plan of rehabilitation
required pursuant to subdivisions (b) and (c) of Section 48916
requires access to a particular service or program for the pupil
to meet its conditions, the school district shall assist the pupil in
identifying those services or programs. The school district shall
not deny a pupil readmission to the school district for the sole
reason of not completing the service or program required by his
or her rehabilitation plan if the pupil was unable to complete that
service or program due to factors outside of his or her control,
including, but not limited to, being unable to find a service or
program that is free of cost, or that is geographically accessible.

end insert begin insert

(2) Pursuant to Section 48916.5, the governing board of a school
district may require a pupil to enroll in a county-supported drug
rehabilitation program, except that a pupil shall not be required
to enroll in a county-supported drug rehabilitation program
without the consent of his or her parent or guardian. If a parent
or guardian opts to enroll his or her pupil in a county-supported
drug rehabilitation program for a fee pursuant to Section 48916.5,
the school district shall not be liable for the cost of the program.

end insert begin insert

(c) Pursuant to Part 30 (commencing with Section 56000) of
Division 4 of Title 2 of this code, Chapter 33 (commencing with
Section 1400) of Title 20 of the United States Code, and
accompanying state and federal regulatory provisions, school
districts operating community day schools shall ensure that
assessments are administered in all areas of suspected disability
and appropriate services and programs specified in a pupil’s
individualized education program are provided.

end insert begin insert

(d) School districts operating community day schools shall
ensure that appropriate services and programs designed to address
the language needs of pupils identified as English learners are
provided in compliance with all applicable state and federal laws
and regulatory provisions.

end insert

SEC. 6.  

Section 48662 of the Education Code is amended to
read:

begin delete

48662.  

(a) The governing board of a school district that
establishes a community day school shall adopt policies that
provide procedures for the involuntary transfer of pupils to a
community day school.

(b)

end delete

begin insert

begin insert 48662. end insert   

end insert

begin insert (a) end insert begin insert   end insert A pupil may be begin delete assigned end delete begin insert involuntarily transferred end insert
to a community day school begin insert by a school district end insert only if he or she
meets one or more of the following conditions:

(1) The pupil is expelled for any reason.

(2) The pupil is begin insert on end insert probation begin delete referred pursuant end delete begin insert with or without
the supervision of a probation officer and consistent with an order
of a juvenile court, and is considered end insert to begin insert be a ward of the court
under end insert Sections begin delete 300 end delete begin insert 601 end insert and 602 of the Welfare and Institutions
begin insert Code and is ordered placed pursuant to Sections 725, 729.2, and
791 of, and paragraph (2) of subdivision (a) of Section 727 of, the
Welfare and Institutions end insert Code.

(3)  begin insert (A) end insert begin insert   end insert The pupil is referred begin insert by the school attendance review
board, or other district-level referral process, with the approval
of and a determination by the school district that the proposed
school will meet the educational needs of the pupil, including any
needs related end insert to begin delete a end delete begin insert the referral to the school attendance review
board in the first instance. If the end insert community day school begin delete by a end delete begin insert is
not geographically accessible to the pupil, the end insert school attendance
review board begin insert , end insert or other begin delete district level end delete begin insert district-level end insert referral begin delete process. end delete
begin insert process, shall include a school option for the pupil that is
geographically accessible to the pupil. For purposes of this
paragraph, “geographically accessible” means that the pupil can
reasonably travel to and from the school and is able to pay for
any transportation costs that are above and beyond the costs to
attend his or her school of residence or prior school, whichever
is farther away. end insert

begin insert

(B) If the parent, guardian, or responsible adult has concerns
at any time about the appropriateness of the proposed placement,
he or she may raise those concerns with the school attendance
review board or the school district, and those concerns shall be
taken into consideration with regard to whether the placement
shall continue.

end insert begin insert

(C) The term for an involuntary transfer under this paragraph
shall be no longer than the end of the semester following the
semester during which the acts leading to the referral occurred,
at which time the pupil shall have the right to reenroll in his or
her prior school or another comprehensive school of the school
district. This section is not intended to limit the school placement
options that a school district may recommend. This section is not
intended to limit a pupil or the parent or guardian of a pupil from
making a request that the pupil continue his or her enrollment at
the community day school.

end insert begin delete

(4)

end delete

begin insert (b) end insert  First priority for assignment to a community day school
shall be given to begin delete a pupil end delete begin insert pupils end insert expelled pursuant to subdivision
(d) of Section 48915, second priority shall be given to pupils
expelled for begin delete any end delete other reasons, and third priority begin insert for placement end insert
shall be given begin delete for placement end delete to all other pupils pursuant to this
section, unless there is an agreement that the county superintendent
of schools shall serve begin delete any of end delete these pupils.

begin insert

(c) A pupil may be voluntarily transferred to a community day
school only if he or she meets one of the following conditions:

end insert begin insert

(1) The pupil is under the supervision of a probation officer,
with the consent of the minor and the minor’s parent or guardian,
pursuant to Section 654 of the Welfare and Institutions Code.

end insert begin insert

(2) The pupil is under the supervision of a probation officer
pursuant to Section 726 of, and paragraph (3) of subdivision (a)
of Section 727 of, the Welfare and Institutions Code with the
consent of the pupil’s parent, guardian, or responsible adult
appointed by the juvenile court to make educational decisions for
the pupil. The enrollment of a minor covered by this paragraph in
a community day school shall be consistent with paragraph (2) of
subdivision (c) of Section 726 of the Welfare and Institutions Code
and subdivision (h) of Section 48853, which provide that all
educational and school placement decisions shall seek to ensure
that the minor is in the least restrictive educational program, has
access to the academic resources, services, and extracurricular
and enrichment activities that are available to all pupils, and that
the decisions are based on the best interests of the child.

end insert begin insert

(3) The parent or guardian of the pupil has approved or
requested the pupil’s placement in a community day school.

end insert begin insert

(4) A pupil who is recommended to attend a community day
school by a school district shall not be enrolled in a community
day school pursuant to paragraph (3) unless the school district
determines that the placement will promote the educational
interests of the pupil.

end insert begin insert

(5) The parent, guardian, or responsible adult of a pupil enrolled
in a community day school pursuant to paragraph (3) may rescind
the request for placement at the beginning of the semester or as
soon thereafter as possible, and the pupil shall be immediately
reenrolled in the school the pupil attended at the time of the
referral, or, with the consent of the parent, guardian, or responsible
adult, in another appropriate school.

end insert begin insert

(d) The procedures outlined in subdivisions (b) to (e), inclusive,
of Section 51225.2 govern the transfer of credits, records, including
special education records, and grades required pursuant to
subdivision (a) of Section 48645.5 and Section 49068 when the
pupil transfers to and from the community day school.

end insert begin insert

(e) Unless specifically ordered by a juvenile court, nothing in
this section shall be construed to conflict with the existing rights
of a parent or guardian or responsible adult appointed by the
juvenile court pursuant to Section 726 of the Welfare and
Institutions Code to make educational placement decisions for the
minor.

end insert begin insert

(f) Enrollment in a community day school pursuant to this
section shall be consistent with subdivision (b) of Section 48645.5.

end insert begin insert

(g) With respect to a voluntary transfer under paragraph (1)
or (2) of subdivision (c), and consistent with paragraph (2) of
subdivision (c) of Section 726 of the Welfare and Institutions Code
and California Rule of Court 5.651, all of the following shall apply:

end insert begin insert

(1) The attorney for, or the person holding the educational rights
of, a pupil who is under the jurisdiction of the delinquency court
may use the procedures set forth in California Rule of Court 5.651
to address any change of placement that results in the enrollment
of the pupil in a community day school that is not his or her school
of origin.

end insert begin insert

(2) The attorney or the person holding the educational rights
appointed by the court for a pupil who is under the jurisdiction of
the delinquency court may, during a regularly scheduled hearing,
raise any concerns with respect to whether the enrollment of the
pupil in a community day school is meeting the educational needs
of the pupil.

end insert begin insert

(3) Nothing in this subdivision is intended to limit in any way
the rights or responsibilities of any person as set forth in paragraph
(2) of subdivision (c) of Section 726 of the Welfare and Institutions
Code and California Rule of Court 5.651.

end insert

SEC. 7.  

Section 48662.5 is added to the Education Code, to
read:

48662.5.  

(a) A pupil who has been involuntarily enrolled in a
community day school shall have the right to reenroll in his or her
former school or another comprehensive school immediately after
being readmitted pursuant to Section 48916 from an expulsion
order or court-ordered placement. Nothing in this section is
intended to limit the school placement options that a school district
may recommend for a pupil being readmitted.

(b) Consistent with the process and procedures set forth in
Section 48916, only the governing board of the school district that
issued the initial order or subsequent order to expel may extend
the duration of an expelled pupil’s placement in a community day
school.

(c) Any school created for the purpose of enrolling pupils that
may be assigned to a community day school pursuant to Section
48662 shall follow the same procedures for the involuntary transfer
of pupils to a community day school set forth in this article.

SEC. 8.  

Section 48918 of the Education Code is amended to
read:

48918.  

The governing board of each school district shall
establish rules and regulations governing procedures for the
expulsion of pupils. These procedures shall include, but are not
necessarily limited to, all of the following:

(a)  begin insert (1) end insert begin insert   end insert The pupil shall be entitled to a hearing to determine
whether the pupil should be expelled. An expulsion hearing shall
be held within 30 schooldays after the date the principal or the
superintendent of schools determines that the pupil has committed
any of the acts enumerated in Section 48900, unless the pupil
requests, in writing, that the hearing be postponed. The adopted
rules and regulations shall specify that the pupil is entitled to at
least one postponement of an expulsion hearing, for a period of
not more than 30 calendar days. Any additional postponement may
be granted at the discretion of the governing begin delete board. end delete begin insert board of the
school district. end insert

begin delete

Within

end delete

begin insert end insert
begin insert (2) end insert begin insert   end insert begin insert Within end insert 10 schooldays after the conclusion of the hearing,
the governing board begin insert of the school district end insert shall decide whether to
expel the pupil, unless the pupil requests in writing that the decision
be postponed. If the hearing is held by a hearing officer or an
administrative panel, or if the begin delete district end delete governing board begin insert of the school
district end insert does not meet on a weekly basis, the governing board begin insert of
the school district end insert shall decide whether to expel the pupil within
40 schooldays after the date of the pupil’s removal from his or her
school of attendance for the incident for which the recommendation
for expulsion is made by the principal or the superintendent begin insert of
schools end insert , unless the pupil requests in writing that the decision be
postponed.

begin delete

If

end delete

begin insert end insert
begin insert (3) end insert begin insert   end insert begin insert If end insert compliance by the governing board begin insert of the school district end insert
with the time requirements for the conducting of an expulsion
hearing under this subdivision is impracticable during the regular
school year, the superintendent of schools or the superintendent’s
designee may, for good cause, extend the time period for the
holding of the expulsion hearing for an additional five schooldays.
If compliance by the governing board begin insert of the school district end insert with
the time requirements for the conducting of an expulsion hearing
under this subdivision is impractical due to a summer recess of
governing board meetings of more than two weeks, the days during
the recess period shall not be counted as schooldays in meeting
the time requirements. The days not counted as schooldays in
meeting the time requirements for an expulsion hearing because
of a summer recess of governing board meetings shall not exceed
20 schooldays, as defined in subdivision (c) of Section 48925, and
unless the pupil requests in writing that the expulsion hearing be
postponed, the hearing shall be held not later than 20 calendar days
begin delete prior to end delete begin insert before end insert the first day of school for the school year. Reasons
for the extension of the time for the hearing shall be included as
a part of the record at the time the expulsion hearing is conducted.
Upon the commencement of the hearing, all matters shall be
pursued and conducted with reasonable diligence and shall be
concluded without any unnecessary delay.

(b) Written notice of the hearing shall be forwarded to the pupil
at least 10 calendar days begin delete prior to end delete begin insert before end insert the date of the hearing.
The notice shall include all of the following:

(1) The date and place of the hearing.

(2) A statement of the specific facts and charges upon which
the proposed expulsion is based.

(3) A copy of the disciplinary rules of the begin insert school end insert district that
relate to the alleged violation.

(4) A notice of the parent, guardian, or pupil’s obligation
pursuant to subdivision (b) of Section 48915.1.

(5) Notice of the opportunity for the pupil or the pupil’s parent
or guardian to appear in person or to be represented by legal
counsel or by a nonattorney adviser, to inspect and obtain copies
of all documents to be used at the hearing, to confront and question
all witnesses who testify at the hearing, to question all other
evidence presented, and to present oral and documentary evidence
on the pupil’s behalf, including witnesses. In a hearing in which
a pupil is alleged to have committed or attempted to commit a
sexual assault as specified in subdivision (n) of Section 48900 or
begin delete committing end delete begin insert to have committed end insert a sexual battery as defined in
subdivision (n) of Section 48900, a complaining witness shall be
given five days’ notice before being called to testify, and shall be
entitled to have up to two adult support persons, including, but not
limited to, a parent, guardian, or legal counsel, present during begin delete their end delete
begin insert his or her end insert testimony. Before a complaining witness testifies,
support persons shall be admonished that the hearing is
confidential. begin delete Nothing in this end delete begin insert This end insert subdivision shall begin insert not end insert preclude
the person presiding over an expulsion hearing from removing a
support person whom the presiding person finds is disrupting the
hearing. If one or both of the support persons is also a witness, the
provisions of Section 868.5 of the Penal Code shall be followed
for the hearing. This section does not require a pupil or the pupil’s
parent or guardian to be represented by legal counsel or by a
nonattorney adviser at the hearing.

(A) For purposes of this section, “legal counsel” means an
attorney or lawyer who is admitted to the practice of law in
California and is an active member of the State Bar of California.

(B) For purposes of this section, “nonattorney begin delete advisor” end delete begin insert adviser” end insert
means an individual who is not an attorney or lawyer, but who is
familiar with the facts of the case, and has been selected by the
pupil or pupil’s parent or guardian to provide assistance at the
hearing.

(c)  begin insert (1) end insert begin insert   end insert Notwithstanding Section begin delete 54593 of the Government
Code and Section end delete 35145, the governing board begin insert of the school district end insert
shall conduct a hearing to consider the expulsion of a pupil in a
session closed to the public, unless the pupil requests, in writing,
at least five days before the date of the hearing, that the hearing
be conducted at a public meeting. Regardless of whether the
expulsion hearing is conducted in a closed or public session, the
governing board begin insert of the school district end insert may meet in closed session
for the purpose of deliberating and determining whether the pupil
should be expelled.

begin delete

If

end delete

begin insert (2) end insert begin insert   end insert begin insert If end insert the governing board begin insert of the school district end insert or the hearing
officer or administrative panel appointed under subdivision (d) to
conduct the hearing admits any other person to a closed deliberation
session, the parent or guardian of the pupil, the pupil, and the
counsel of the pupil also shall be allowed to attend the closed
deliberations.

begin delete

If

end delete

begin insert (3) end insert begin insert   end insert begin insert If end insert the hearing is to be conducted at a public meeting, and
there is a charge of committing or attempting to commit a sexual
assault as defined in subdivision (n) of Section 48900 or
begin delete committing end delete begin insert to commit end insert a sexual battery as defined in subdivision
(n) of Section 48900, a complaining witness shall have the right
to have his or her testimony heard in a session closed to the public
when testifying at a public meeting would threaten serious
psychological harm to the complaining witness and there are no
alternative procedures to avoid the threatened harm, including, but
not limited to, videotaped deposition or contemporaneous
examination in another place communicated to the hearing room
by means of closed-circuit television.

(d) Instead of conducting an expulsion hearing itself, the
governing board begin insert of the school district end insert may contract with the county
hearing officer, or with the Office of Administrative Hearings begin delete of
the State of California end delete pursuant to Chapter 14 (commencing with
Section 27720) of Part 3 of Division 2 of Title 3 of the Government
Code and Section begin delete 35207, end delete begin insert 35207 of this code, end insert for a hearing officer
to conduct the hearing. The governing board begin insert of the school district end insert
may also appoint an impartial administrative panel of three or more
certificated persons, none of whom is a member of the begin insert governing end insert
board begin insert of the school district end insert or employed on the staff of the school
in which the pupil is enrolled. The hearing shall be conducted in
accordance with all of the procedures established under this section.

(e) Within three schooldays after the hearing, the hearing officer
or administrative panel shall determine whether to recommend the
expulsion of the pupil to the governing begin delete board. end delete begin insert board of the school
district. end insert If the hearing officer or administrative panel decides not
to recommend expulsion, the expulsion proceedings shall be
terminated and the pupil immediately shall be reinstated and
permitted to return to begin delete a end delete begin insert the end insert classroom instructional begin delete program, any
other instructional program, a rehabilitation program, end delete begin insert program
from which the expulsion referral was made, unless the parent,
guardian, end insert or begin delete any combination end delete begin insert responsible adult end insert of begin delete these programs.
Placement end delete begin insert the pupil requests another school placement end insert in begin delete one or
more of these programs shall be end delete begin insert writing. Before the placement
decision is end insert made by the begin insert parent, guardian, or responsible adult,
the end insert superintendent of schools or the superintendent’s designee
begin delete after consultation end delete begin insert shall consult end insert with school district personnel,
including the pupil’s teachers, and the begin delete pupil’s parent end delete begin insert parent,
guardian, end insert or begin delete guardian. end delete begin insert responsible adult regarding any other
school placement options for the pupil in addition to the option to
return to his or her classroom instructional program from which
the expulsion referral was made. If the hearing officer or
administrative panel finds that the pupil committed any of the acts
specified in subdivision (c) of Section 48915, but does not
recommend expulsion, the pupil shall be immediately reinstated
but may be referred to his or her prior school, or, pursuant to the
procedures set forth in Section 48432.5, a continuation school of
the school district. end insert The decision not to recommend expulsion shall
be final.

(f)  begin insert (1) end insert begin insert   end insert If the hearing officer or administrative panel
recommends expulsion, findings of fact in support of the
recommendation shall be prepared and submitted to the governing
begin delete board. end delete begin insert board of the school district. end insert All findings of fact and
recommendations shall be based solely on the evidence adduced
at the hearing. If the governing board begin insert of the school district end insert accepts
the recommendation calling for expulsion, acceptance shall be
based either upon a review of the findings of fact and
recommendations submitted by the hearing officer or panel or
upon the results of any supplementary hearing conducted pursuant
to this section that the governing board begin insert of the school district end insert may
order.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert decision of the governing board begin insert of the school district end insert
to expel a pupil shall be based upon substantial evidence relevant
to the charges adduced at the expulsion hearing or hearings. Except
as provided in this section, no evidence to expel shall be based
solely upon hearsay evidence. The governing board begin insert of the school
district end insert or the hearing officer or administrative panel may, upon a
finding that good cause exists, determine that the disclosure of
either the identity of a witness or the testimony of that witness at
the hearing, or both, would subject the witness to an unreasonable
risk of psychological or physical harm. Upon this determination,
the testimony of the witness may be presented at the hearing in
the form of sworn declarations begin delete which end delete begin insert that end insert shall be examined only
by the governing board begin insert of the school district end insert or the hearing officer
or administrative panel. Copies of these sworn declarations, edited
to delete the name and identity of the witness, shall be made
available to the pupil.

(g) A record of the hearing shall be made. The record may be
maintained by any means, including electronic recording, so long
as a reasonably accurate and complete written transcription of the
proceedings can be made.

(h)  begin insert (1) end insert begin insert   end insert Technical rules of evidence shall not apply to the
hearing, but relevant evidence may be admitted and given probative
effect only if it is the kind of evidence upon which reasonable
persons are accustomed to rely in the conduct of serious affairs.
A decision of the governing board begin insert of the school district end insert to expel
shall be supported by substantial evidence showing that the pupil
committed any of the acts enumerated in Section 48900.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert hearings begin delete which end delete begin insert that end insert include an allegation of committing
or attempting to commit a sexual assault as defined in subdivision
(n) of Section 48900 or begin delete committing end delete begin insert to commit end insert a sexual battery as
defined in subdivision (n) of Section 48900, evidence of specific
instances, of a complaining witness’ prior sexual conduct is to be
presumed inadmissible and shall not be heard absent a
determination by the person conducting the hearing that
extraordinary circumstances exist requiring the evidence be heard.
Before the person conducting the hearing makes the determination
on whether extraordinary circumstances exist requiring that specific
instances of a complaining witness’ prior sexual conduct be heard,
the complaining witness shall be provided notice and an
opportunity to present opposition to the introduction of the
evidence. In the hearing on the admissibility of the evidence, the
complaining witness shall be entitled to be represented by a parent,
guardian, legal counsel, or other support person. Reputation or
opinion evidence regarding the sexual behavior of the complaining
witness is not admissible for any purpose.

(i) (1) Before the hearing has commenced, the governing board
begin insert of the school district end insert may issue subpoenas at the request of either
the superintendent of schools or the superintendent’s designee or
the pupil, for the personal appearance of percipient witnesses at
the hearing. After the hearing has commenced, the governing board
begin insert of the school district end insert or the hearing officer or administrative panel
may, upon request of either the county superintendent of schools
or the superintendent’s designee or the pupil, issue subpoenas. All
subpoenas shall be issued in accordance with Sections 1985,
1985.1, and 1985.2 of the Code of Civil Procedure. Enforcement
of subpoenas shall be done in accordance with Section 11455.20
of the Government Code.

(2) Any objection raised by the superintendent of schools or the
superintendent’s designee or the pupil to the issuance of subpoenas
may be considered by the governing board begin insert of the school district end insert
in closed session, or in open session, if so requested by the pupil
before the meeting. Any decision by the governing board begin insert of the
school district end insert in response to an objection to the issuance of
subpoenas shall be final and binding.

(3) If the governing begin delete board, end delete begin insert board of the school district, end insert hearing
officer, or administrative panel determines, in accordance with
subdivision (f), that a percipient witness would be subject to an
unreasonable risk of harm by testifying at the hearing, a subpoena
shall not be issued to compel the personal attendance of that
witness at the hearing. However, that witness may be compelled
to testify by means of a sworn declaration as provided for in
subdivision (f).

(4) Service of process shall be extended to all parts of the state
and shall be served in accordance with Section 1987 of the Code
of Civil Procedure. All witnesses appearing pursuant to subpoena,
other than the parties or officers or employees of the state or any
political subdivision begin delete thereof, end delete begin insert of the state, end insert shall receive fees, and
all witnesses appearing pursuant to subpoena, except the parties,
shall receive mileage in the same amount and under the same
circumstances as prescribed for witnesses in civil actions in a
superior court. Fees and mileage shall be paid by the party at whose
request the witness is subpoenaed.

(j) Whether an expulsion hearing is conducted by the governing
board begin insert of the school district end insert or before a hearing officer or
administrative panel, final action to expel a pupil shall be taken
only by the governing board begin insert of the school district end insert in a public
session. Written notice of any decision to expel or to suspend the
enforcement of an expulsion order during a period of probation
shall be sent by the superintendent of schools or his or her designee
to the pupil or the pupil’s parent or guardian and shall be
accompanied by all of the following:

(1) Notice of the right to appeal the expulsion to the county
board of education.

(2) Notice of the education alternative placement to be provided
to the pupil during the time of expulsion.

(3) Notice of the obligation of the parent, guardian, or pupil
under subdivision (b) of Section 48915.1, upon the pupil’s
enrollment in a new school district, to inform that begin insert school end insert district
of the pupil’s expulsion.

(k)  begin insert (1) end insert begin insert   end insert The governing board begin insert of the school district end insert shall maintain
a record of each expulsion, including the cause begin delete therefor. end delete begin insert for the
expulsion. end insert Records of expulsions shall be a nonprivileged,
disclosable public record.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert expulsion order and the causes begin delete therefor end delete begin insert for the expulsion end insert
shall be recorded in the pupil’s mandatory interim record and shall
be forwarded to any school in which the pupil subsequently enrolls
upon receipt of a request from the admitting school for the pupil’s
school records.

SEC. 9.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.