Bill Text: CA AB2145 | 2011-2012 | Regular Session | Amended
Bill Title: Pupils: expulsion and suspension.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2012-08-16 - In committee: Held under submission. [AB2145 Detail]
Download: California-2011-AB2145-Amended.html
BILL NUMBER: AB 2145 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
AMENDED IN ASSEMBLY MARCH 22, 2012
INTRODUCED BY Assembly Members Alejo and Dickinson
(Coauthors: Assembly Members Perea and Swanson)
FEBRUARY 23, 2012
An act to amend Sections 48070.6, 48273, 48900.8, and 48916.1 of,
and to add Section 48916.2 to, the Education Code, relating to
pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2145, as amended, Alejo. Pupils: expulsion and suspension.
Existing law establishes the California Longitudinal Pupil
Achievement Data System (CALPADS), and requires a local educational
agency to retain all data necessary to compile reports required by
specified federal laws, including, but not limited to, dropout and
graduation rates. Existing law requires the Superintendent of Public
Instruction to annually submit to the Governor,
the Legislature, and the State Board of Education a
an annual report on dropouts using the data
produced by CALPADS. Existing law requires that certain data listed
in the report be presented, if possible, for specified subgroups,
including ethnicity and gender.
This bill would additionally require that the behavioral data
included in the report, including suspension and expulsion data, be
presented for those subgroups, if possible.
Existing law authorizes the establishment of county and local
school attendance review boards that may promote the use of
alternatives to the juvenile court system if available public and
private services are insufficient or inappropriate to correct school
attendance or school behavior problems. Existing law provides that
any minor pupil who is a habitual truant, is irregular in attendance
at school, or is habitually insubordinate or disorderly during
attendance at school may be referred to a school attendance review
board. Existing law requires the governing board of a school district
to adopt rules and regulations to require the appropriate officers
and employees of the district to gather and transmit to the county
superintendent of schools the number and types of referrals to school
attendance review boards and of requests for petitions to the
juvenile court.
This bill would instead require the governing board of a school
district to transmit the above-described information to the State
Department of Education.
Existing law limits the number of schooldays for which a pupil may
be suspended from school to 5. Existing law allows the
superintendent of the school district or other person designated by
the superintendent to extend the period of suspension if the
governing board of the school district is considering expelling the
pupil or the suspension is for the balance of the semester from
continuation school.
Existing law requires a school district to maintain specified data
regarding pupils who are recommended for expulsion.
This bill would require a school district to also maintain certain
data relating to extending the period of suspension.
Existing law requires that a school district identify each
suspension or expulsion of a pupil by offense committed for the
reporting of expulsion and suspension offenses to the department.
This bill would require the department, by July 1 of each year, to
make specified data regarding suspensions, expulsions, and referrals
to school attendance review boards available to the public on its
Internet Web site, and to disaggregate the data, to the extent
possible, by ethnicity, special education status, English learners,
socioeconomic status, and gender, and cross-tabulate all those
categories by gender and special education status. The bill would
require the Superintendent, if reliable data is not available by July
1, to report to the Legislature, on or before that date, regarding
the reason for the delay and the date that he or she anticipates the
data will become available. The bill would prohibit the publication
of the data in a manner that would reveal personally identifiable
information of any pupil, or cause the suspension of a pupil to be
counted more than once, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48070.6 of the Education Code is amended to
read:
48070.6. (a) On or before August 1, 2011, and annually
thereafter, utilizing data produced by the California Longitudinal
Pupil Achievement Data System pursuant to Section 60900 and other
available data, the Superintendent shall submit to the Governor, the
Legislature, and the state board a report that shall be called the
Annual Report on Dropouts in California. The report shall include,
but not be limited to, all of the following:
(1) One-year dropout rates for each of grades 7 to 12, inclusive.
(2) Four-year cohort dropout rates for grades 9 to 12, inclusive.
(3) Two- or three-year cohort dropout rates, as appropriate, for
middle schools.
(4) Grade 9 to grade 10 promotion rates.
(5) Percentage of high school pupils for each of grades 9 to 12,
inclusive, who are on track to earn sufficient credits to graduate.
(6) The average number of nonpromotional school moves that pupils
make between grades 6 to 12, inclusive.
(7) "Full-year" dropout rates for alternative schools, including
dropout recovery high schools, calculated using a methodology
developed by the Superintendent to appropriately reflect dropout
rates in each type of alternative school.
(8) An explanation of the methodology or methodologies used to
calculate "full-year" dropout rates for alternative schools pursuant
to paragraph (7).
(9) Passage rates on the high school exit examination adopted
pursuant to subdivision (a) of Section 60850.
(10) Other available data relating to dropout or graduation rates
or pupil progress toward high school graduation.
(b) When cohort dropout rates can be calculated accurately using
longitudinal data, the rates described in paragraph (3) of
subdivision (a) shall be replaced by dropout rates for cohorts of
pupils entering middle school.
(c) When data is available, the report shall also include all of
the following:
(1) Rates at which pupils graduate in four, five, and six years,
pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of
Section 52052.
(2) Percentage of high school graduates and dropouts who completed
courses that are certified by the University of California as
meeting admission requirement criteria for the University of
California and California State University systems.
(3) Percentage of high school graduates and dropouts who completed
two or more classes in career technical education.
(4) Percentage of high school graduates and dropouts who completed
both course sequences described in paragraphs (2) and (3).
(5) Behavioral data by school and district, including suspensions
and expulsions.
(6) Truancy rates.
(7) GED earning rates.
(8) Chronic absentee rates, as defined in Section 60901.
(d) If possible, the data listed in subdivisions (a) and (b) shall
be presented in the report, organized as follows:
(1) By state.
(2) By county.
(3) By district, both including and excluding charter schools.
(4) By school.
(e) The report shall include data from alternative middle and high
schools, including continuation high schools, community day schools,
juvenile court schools, special schools, opportunity schools, and
schools attended by wards of the Department of Corrections and
Rehabilitation, Division of Juvenile Justice.
(f) The report may include relevant data on school climate and
pupil engagement from the California Healthy Kids Survey.
(g) If possible, the data listed in subdivisions (a) and (b) and
paragraph (5) of subdivision (c) shall be presented for the following
subgroups, if the subgroup consists of at least 50 pupils, and the
subgroup constitutes at least 15 percent of the total population of
pupils at a school:
(1) Grade level.
(2) Ethnicity.
(3) Gender.
(4) Low socioeconomic status.
(5) English learners.
(6) Special education status.
(h) The first Annual Report on Dropouts in California shall
include data from the most recent year. Subsequent annual reports
shall include data from the most recent year and, at a minimum, the
two prior years, so that comparisons can be made easily.
(i) The Superintendent or his or her designee shall make an oral
presentation of the contents of the report to the state board at a
regularly scheduled meeting of the state board.
(j) The Superintendent shall make the contents of the report
available on the department's Internet Web site in a format that is
easy for the public to access and understand.
(k) If inclusion of school-level data would render the written
report unwieldy, the data may be omitted from the written report and
posted on the department's Internet Web site.
(l) It is the intent of the Legislature that the report prepared
by the Superintendent be usable by schools, districts, policymakers,
researchers, parents, and the public, for purposes of identifying and
understanding trends, causal relations, early warning indicators,
and potential points of intervention to address the high rate of
dropouts in California.
(m) For purposes of this section, dropouts shall be defined using
the exit/withdrawal codes developed by the department.
(n) For purposes of this section, "dropout recovery high school"
has the same meaning as defined in subparagraph (D) of paragraph (4)
of subdivision (a) of Section 52052.
SEC. 2. Section 48273 of the Education Code is amended to read:
48273. (a) The governing board of each school district shall
adopt rules and regulations to require the appropriate officers and
employees of the district to gather and transmit to the department
the number and types of referrals to school attendance review boards
and of requests for petitions to the juvenile court pursuant to
Section 48263.
(b) (1) On an annual basis, the department, using the California
Longitudinal Pupil Achievement Data System or other pupil information
data gathering system established by the department, shall, to the
extent possible, disaggregate the number and types of referrals by
ethnicity, special education status, English learners, socioeconomic
status, and gender, and cross-tabulate all those categories by gender
and special education status. The department shall make this data
available to the public on its Internet Web site.
(2) The department shall make the data for the preceding school
year available by July 1 of each year. If reliable data is not
available by July 1, the Superintendent, on or before that date,
shall report to the Legislature regarding the reasons for the delay
and the date that he or she anticipates the data will become
available.
(3) In accordance with subdivision (b) of Section 49083 and
subdivision (g) of Section 60900, disaggregated data shall not be
made publicly available in a manner that reveals personally
identifiable information about an individual pupil.
(4) The manner in which the data is displayed on the department's
Internet Web site shall not result in pupil suspensions being counted
more than one time against the overall suspension numbers for a
school, school district, county, or the state.
SEC. 3. Section 48900.8 of the Education Code is amended to read:
48900.8. (a) For purposes of notification to parents, and for the
reporting of expulsion or suspension offenses to the department,
each school district shall specifically identify, by offense
committed, in all appropriate official records of a pupil ,
each suspension or expulsion of that pupil for the commission
of any of the offenses set forth in Section 48900, 48900.2, 48900.3,
48900.4, 48900.7, or 48915.
(b) (1) On an annual basis, the department, using the California
Longitudinal Pupil Achievement Data System or other pupil information
data gathering system established by the department, shall make this
expulsion and suspension data available to the public on its
Internet Web site in a manner that reflects all fields collected,
including, but not limited to, the district and school, the offense
for which the suspension or expulsion was imposed, the total number
of suspensions and expulsions imposed, and the total number of pupils
suspended or expelled. The department shall, to the extent possible,
disaggregate this data by ethnicity, special education status,
English learners, socioeconomic status, and gender, and
cross-tabulate all those categories by gender and special education
status.
(2) The department shall make the data for the preceding school
year available by July 1 of each year. If reliable data is not
available by July 1, the Superintendent, on or before that date,
shall report to the Legislature regarding the reasons for the delay
and the date that he or she anticipates the data will become
available.
(3) In accordance with subdivision (b) of Section 49083 and
subdivision (g) of Section 60900, disaggregated data shall not be
made publicly available in a manner that reveals personally
identifiable information about an individual pupil.
(4) The manner in which the data is displayed on the department's
Internet Web site shall not result in pupil suspensions being counted
more than one time against the overall suspension numbers for a
school, school district, county, or the state.
SEC. 4. Section 48916.1 of the Education Code is amended to read:
48916.1. (a) At the time an expulsion of a pupil is ordered, the
governing board of the school district shall ensure that an
educational program is provided to the pupil who is subject to the
expulsion order for the period of the expulsion. Except for pupils
expelled pursuant to subdivision (d) of Section 48915, the governing
board of a school district is required to implement the provisions of
this section only to the extent funds are appropriated for this
purpose in the annual Budget Act or other legislation, or both.
(b) Notwithstanding any other law, any educational program
provided pursuant to subdivision (a) may be operated by the school
district, the county superintendent of schools, or a consortium of
districts or in joint agreement with the county superintendent of
schools.
(c) Any educational program provided pursuant to subdivision (b)
may not be situated within or on the grounds of the school from which
the pupil was expelled.
(d) If the pupil who is subject to the expulsion order was
expelled from any of kindergarten or grades 1 to 6, inclusive, the
educational program provided pursuant to subdivision (b) may not be
combined or merged with educational programs offered to pupils in any
of grades 7 to 12, inclusive. The school district or county program
is the only program required to be provided to expelled pupils as
determined by the governing board of the school district. This
subdivision, as it relates to the separation of pupils by grade
levels, does not apply to community day schools offering instruction
in any of kindergarten and grades 1 to 8, inclusive, and established
in accordance with Section 48660.
(e) (1) Each school district shall maintain the following data:
(A) The number of pupils recommended for expulsion.
(B) The grounds for each recommended expulsion.
(C) Whether the pupil was subsequently expelled.
(D) If the suspension preceding the expulsion was extended
pursuant to subdivision (g) of Section 48911, an indication of that
fact.
(E) If the suspension was extended pursuant to subdivision (g) of
Section 48911, the total number of days served under the extended
suspension.
(F) If the suspension was extended pursuant to subdivision (g) of
Section 48911, whether an educational program or instructional
support was provided to the pupil, and a description of the type of
program or support provided.
(G)
(F) Whether the expulsion order was suspended.
(H)
(G) The type of referral made after the expulsion.
(I)
(H) The disposition of the pupil after the end of the
period of expulsion.
(2) The Superintendent also may require a school district to
report this data as part of the coordinated compliance review. If a
school district does not report outcome data as required by this
subdivision, the Superintendent may not apportion any further money
to the school district pursuant to Section 48664 until the school
district is in compliance with this subdivision. Before withholding
the apportionment of funds to a school district pursuant to this
subdivision, the Superintendent shall give written notice to the
governing board of the school district that the school district has
failed to report the data required by paragraph (1) and that the
school district has 30 calendar days from the date of the written
notice of noncompliance to report the requested data and thereby
avoid the withholding of the apportionment of funds.
(f) If the county superintendent of schools is unable for any
reason to serve the expelled pupils of a school district within the
county, the governing board of that school district may enter into an
agreement with a county superintendent of schools in another county
to provide education services for the district's expelled pupils.
SEC. 5. Section 48916.2 is added to the Education Code, to read:
48916.2. (a) On an annual basis, the department, using the
California Longitudinal Pupil Achievement Data System or other pupil
information data gathering system established by the department,
shall, to the extent possible, make the data described in subdivision
(e) of Section 48916.1 available to the public on its Internet Web
site in a manner that reflects all fields collected. The department
shall disaggregate this data by ethnicity, special education status,
English learners, socioeconomic status, and gender, and
cross-tabulate all those categories by gender and special education
status.
(b) The department shall make the data for the preceding school
year available by July 1 of each year. If reliable data is not
available by July 1, the Superintendent, on or before that date,
shall report to the Legislature regarding the reasons for the delay
and the date that he or she anticipates the data will become
available.
(c) In accordance with subdivision (b) of Section 49083 and
subdivision (g) of Section 60900, disaggregated data shall not be
made publicly available in a manner that reveals personally
identifiable information about an individual pupil.
(d) The manner in which the data is displayed on the department's
Internet Web site shall not result in pupil suspensions being counted
more than one time against the overall suspension numbers for a
school, school district, county, or the state.
