BILL ANALYSIS �
SB 1111
Page 1
SENATE THIRD READING
SB 1111 (Lara)
As Amended July 1, 2014
Majority vote
SENATE VOTE :24-11
EDUCATION 5-1 APPROPRIATIONS 12-5
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|Ayes:|Buchanan, Gonzalez, |Ayes:|Gatto, Bocanegra, |
| |Nazarian, Weber, Williams | |Bradford, Ian Calderon, |
| | | |Campos, Eggman, Gomez, |
| | | |Holden, Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ch�vez |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
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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 make a determination
using specified criteria.
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 and defines
the term "geographically accessible."
2)Specifies that if a parent, guardian, or responsible adult of
the pupil objects to the placement recommended by the school
district, as specified, the school district may either address
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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.
3)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,
as specified.
4)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.
5)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, and the language that
defines "homeless children."
6)Specifies the conditions that apply when a pupil is
voluntarily placed in a community day school.
7)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.
8)Restates and specifies existing provisions of law, including
provisions relating to independent study, the extension of an
expelled pupil's placement in a county community school,
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assessments in areas of suspected disabilities, appropriate
services and programs for English learners, and the inclusion
of school credit recovery assistance.
9)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.
10)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.
11)Makes technical and non-substantive changes to these
sections.
EXISTING LAW :
1)Authorizes the county board of education to establish and
maintain one or more community schools.
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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, recommend a plan of
rehabilitation for the pupil, and set a date when the pupils
will be reviewed for readmission. The district is the only
program required to be provided to expelled pupils but permits
the governing board of the school district, at the time
expulsion is ordered, to provide additional programmatic
options for the expelled pupil.
3)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.
4)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.
5)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.
6)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.
7)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.
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are potential state reimbursable mandated
General Fund/Proposition 98 costs, likely in the low hundreds of
thousands of dollars, for school districts and County Offices of
Education (COEs) to meet the requirements of this bill. The
majority of the requirements in this bill are clarifying, to
provide a nexus between pupils being adjudicated in a court and
their educational placement decisions. However, to the extent
school districts and COEs need to alter their current pupil
referral processes, including revision of the rules and
regulations governing procedures for the expulsion of pupils,
costs will be incurred.
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. 2012-13 enrollment numbers show
African-American and Latino youth comprise 68% of total county
community school enrollment.
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. 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.
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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 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 in 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 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.
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087
FN: 0004782