BILL ANALYSIS �
SB 1111
Page 1
Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 1111 (Lara) - As Amended: June 16, 2014
SENATE VOTE : 24-11
SUBJECT : Pupils: involuntary transfer: county community
schools
SUMMARY : Amends the process for referral to and programs
offered within county community schools. Specifically, this
bill :
1)Prohibits a school district upon the recommendation of a
school attendance review board (SARB), from referring a pupil
for placement in a county community school unless the school
district and county office of education determine all of the
following:
a) The community school has space available to enroll the
pupil;
b) The county community school meets the educational needs
of the pupil; and
c) The parent, guardian, or responsible adult of the pupil
has not expressly objected to the referral, as specified.
1)Requires, if the county community school to which a pupil has
been referred is not geographically accessible to the pupil,
the SARB to include in its recommendation a school option for
the pupil that is geographically accessible and meets the same
criteria as set forth in the previous paragraph.
2)Defines "geographically accessible" to mean 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
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costs to attend his or her school of residence or prior
school, whichever is farther away.
3)Specifies that if a parent, guardian, or responsible adult of
the pupil objects to the placement recommended by the school
district based on reasonable concerns related to the pupil's
safety, geographic accessibility of the placement, an
inability to transport the pupil to the recommended placement,
or that the school does not meet the pupil's educational
needs, the school district may either address the express
objection or find an alternative placement in another
comprehensive or continuation school within the school
district; the bill further specifies that if the school
district has offered the pupil all other options, the school
district may refer the pupil to the county community school.
This bill also permits the school district to require such
objections to be in writing, as specified.
4)Places a restriction on the time period for which a pupil can
remain in a county community school by specifying that 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 act
leading to the referral occurred and makes clear that this
right shall continue until the pupil turns 19 years of age, as
specified.
5)Specifies that the appropriateness of placing a child in a
county community school may be examined in the judicial
hearing in which the placement is made or concerns of the
placement are raised.
6)Repeals language that allows districts and county offices of
education to enroll pupils in county community schools on the
basis of the pupil's status as homeless.
7)Specifies that for those pupils voluntarily placed in a
community day school the following conditions shall apply:
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a) A pupil shall not be enrolled in a county community
school 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.
b) A parent, guardian, or responsible adult of a pupil
enrolled in a county community school 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.
8)States that pupils who have been involuntarily transferred to
county community school, as specified, shall have the right to
reenroll in his or her former school or another comprehensive
school immediately after being readmitted from the expulsion
order but clarifies that nothing in this section is intended
to limit the school placement options that a school district
may recommend for a pupil being readmitted.
9)Specifies that, in accordance with existing law, 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.
10)Specifies that the classes or programs offered at a county
community school include may include school credit recovery
assistance.
11)Restates existing law that requires an independent study
program that is offered in a county community school must meet
specified legal requirements, including the requirements that
entry into that program is voluntary.
12)Requires county boards of education operating county
community schools to ensure that assessments in all areas of
suspected disability and appropriate services and programs
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specified in a pupil's individualized education program are
provided in compliance with existing state and federal law.
13)Requires county boards of education operating county
community schools to 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.
14)Repeals language relating defining "homeless children" for
the purposes of county community schools.
15)Changes the requirement that in the instance where a hearing
officer or administrative panel decides not to recommend
expulsion. Current law requires the pupil be 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 instead requires the
pupil be reinstated and permitted to return to the classroom
instructional program from which the expulsion referral was
made, unless the parent, guardian, or responsible adult of the
pupil requests another school placement in writing. If a
parent requests another placement, this measure requires 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.
16)Specifies that if the hearing officer or administrative panel
finds that the pupil committed specified acts, including but
not limited to, possessing a firearm, brandishing a knife, and
selling a controlled substance, but does not recommend
expulsion, the pupil shall be immediately reinstated but may
be referred to his or her school, another comprehensive
school, or a continuation school of the school district.
17)Makes technical and non-substantive changes to these
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sections.
EXISTING LAW
1)Authorizes the county board of education to establish and
maintain one or more community schools.
2)Requires the governing board of the school district, at the
time expulsion is ordered, to ensure that an educational
program is provided to the pupil. The district is the only
program required to be provided to expelled pupils.
3)Permits the governing board of the school district, at the
time expulsion is ordered, to provide additional programmatic
options for the expelled pupil.
4)Prohibits 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 from enrolling in any school other
than a community school, community day school, or juvenile
court school.
5)Requires the governing board of the school district, at the
time expulsion is ordered, to recommend a plan of
rehabilitation for the pupil 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.
6)Requires the governing board of the school district, at the
time expulsion is ordered, 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.
7) Requires the governing board of the school district, at the
time expulsion is ordered, to set a date of one year from the
date the expulsion occurred for a pupil who has been expelled
for:
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a) Possessing, selling, or furnishing a firearm.
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.
1)Prohibits a pupil from being denied enrollment or readmission
by the governing board of a school district to a school under
its jurisdiction based solely on whether the pupil has had
contact with the juvenile justice system, including arrest,
adjudication by a juvenile court, formal or informal
supervision by a probation officer, or detention in a juvenile
facility or enrollment in a juvenile court school.
2)Permits the governing board of a school district, upon voting
to expel a pupil, to suspend the enforcement of the expulsion
order for up to one calendar year and permits, as a condition
of the suspension of the enforcement, the school district to
assign the pupil to a school, class, or program that is deemed
appropriate for the rehabilitation of the pupil.
3)Requires the governing board of a school district, upon a
pupil's satisfactory completion of the rehabilitation
assignment, to reinstate the pupil in a school within the
district and permits the governing board of the school
district to order the expungement of any or all records of the
expulsion proceedings.
4)Requires each school district and county office of education
to 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill will have the following fiscal effects:
1)County community schools: Potentially significant ongoing
savings, to the extent that students that would have enrolled
in county community schools instead of attending traditional
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schools.
2)Mandate: Individual education services - To the extent that
this bill expands a local education agency's (LEA's) role in
providing or securing services related to a pupil's
educational assessment, those additional activities may
constitute a reimbursable state mandate.
3)Mandate: Expulsion procedures - This bill creates a new
mandate on LEAs by changing expulsion hearing requirements.
The long-term result is likely minor ongoing savings, but
there may be one-time reimbursable costs to change LEA
process, materials and training.
COMMENTS : California authorizes three types of alternative
schools that are targeted primarily at high school students:
continuation schools, county community schools, and community
day schools. In addition, California permits districts to
operate independent study programs for high school students as
an alternative to regular attendance at a comprehensive high
school or alternative school.
Alternative Education Settings
According to the author, this bill is needed to address the
involuntarily transfer of students to an alternative setting
without due process, without ensuring that a parent or
guardian's right to choose a school for their child is
protected, and with minimal consideration around the placement's
educational fit for the student. Again according to the author,
these issues disproportionally affect low-income students and
students of color who make-up a majority of the schools'
populations. 2012-2013 enrollment numbers show African-American
and Latino youth comprise 68% of total county community school
enrollment.
County Community Schools. County community schools are
public schools that are run by county offices of education.
They educate students in kindergarten through grade 12 who
are expelled from school or who are referred because of
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attendance or behavior problems. They also serve students
who are homeless, on probation or parole, and who are not
attending any school. Parents or guardians also may request
that their child attend a county community school. These
schools aim to meet individual student needs. Students
learn academic and life skills. Although students may
graduate from county community schools, the goal of these
schools is to help students re-enroll in traditional
education settings and move to other levels of education,
training, or employment.
Referral to a County Community School
This bill prohibits a school district from referring a pupil for
placement in a county community school unless the school
district and county office of education determine that the
recommended county community school has space available to
enroll the pupil, meets the educational needs of the pupil, and
the parent, guardian, or responsible adult of the pupil has not
objected to the placement based on a reasonable concern
relating to the pupil's safety, geographic accessibility of the
school, an inability to transport the pupil, and that the county
community school does not meet the educational needs of the
pupil. Staff recommends a technical amendment that makes clear
that the school district may require this parental objection to
be in writing, if the school district has advised the parent,
guardian, or responsible adult that they may object, in writing,
for one of the specified reasons.
Readmission
This bill specifies that if a pupil is involuntarily placed in a
county community school, the pupil has the right to reenroll in
his or her former school or another appropriate school
immediately after readmission from the expulsion order or
court-ordered placement. Staff recommends a technical amendment
that makes clear that this right to return shall continue until
the end of the pupil's 18th year. This bill also specifies that
the school district has the discretion to place the pupil in the
most appropriate setting, whether the pupil's prior school or
another comprehensive school of the district. The school
district may also recommend continued placement in a county
community school, but a pupil's parent, guardian, or responsible
adult, may object to this placement. However, the ultimate
placement decision rests with the school district. This
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language will allow the school district to fulfill its
obligation to ensure the safety of all pupils and address the
potential harm that may occur from returning a student to the
environment from which he or she was removed. The language
recognizes the author's desire that a pupil be returned to his
or her prior school or another comprehensive school, but
balances this with the obligation of a school district to
protect the safety of all pupils.
Instructional Programs with Alternative Educational Settings
This bill is intended to provide assistance to those pupils who
are enrolled in alternative educational programs by ensuring
that each pupil is provided with appropriate instruction and
services.
Independent Study
This bill specifies that independent study programs offered
through county community schools must comply with all other
laws governing independent study programs.
Instructional Content
This bill encourages, but does not require, county
community schools to include credit recovery assistance
within their programs. For example, a county community
school could assign a student who has failed courses or is
at risk of falling behind on graduation credits, credit
recovery courses.
Appropriate Services
This bill emphasizes the need for county community schools
to ensure that pupils enrolled it these settings are
provided the appropriate assessments in all areas of
suspected disability and appropriate services and programs
specified in a pupil's individualized education program are
provided in compliance with existing state and federal law.
While this is not a new requirement, this ensures that for
programs that rely on distinct portions of the Education
Code to govern their programs, these requirements are
clearly and easily identified. Similarly, this bill
requires county boards of education operating community
schools 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.
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Homeless Children and Youth
This bill repeals language that allows districts and county
offices of education to enroll pupils in county community
schools on the basis of the pupil's status as homeless. The
federal McKinney-Vento Homeless Education Act of 2002 requires
homeless children and youth to be educated as part of a school's
regular academic program. The United States Department of
Education has published non-regulatory guidance that makes clear
districts must provide homeless children and youth with services
through "programs and mechanisms that integrate homeless
children and youth with their non-homeless counterparts ? [and]
must expand upon or improve services provided as part of the
regular school program." Repealing this language brings
California into compliance with this federal requirement.
Previous Legislation : SB 744 (Lara) (2013) Amended the process
for referral to and programs offered within county community
schools and community day schools. AB 744 passed out of this
committee by a vote of 6 -0-1 but was vetoed by Governor Brown
with the following veto message:
I am returning Senate Bill 744 without my
signature.
This bill imposes new and rather specific
requirements on the way local schools handle
disruptive students.
The recently enacted Local Control Funding
Formula has created a new regime of greater
equity and increased accountability at the local
level. I'm putting my trust in the skill and good
faith of local educators to manage the issues
that are the subject of this bill in a caring and
responsible way.
Sincerely,
Edmund G. Brown Jr.
REGISTERED SUPPORT / OPPOSITION :
Support
Advancement Project
Alliance for Children's Rights
American Civil Liberties Union (Sponsor)
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Gay-Straight Alliance Network
Legal Services for Children
Legal Services for Prisoners with Children
Mills Legal Clinic, Stanford University Law School, Youth &
Education Law Project
National Association of Social Workers, California Chapter
PolicyLink
The W. Haywood Burns Institute
The Violence Prevention Coalition of Greater Los Angeles
Youth Justice Coalition
Youth Law Center
Individuals
Opposition
None on file
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087