BILL NUMBER: SB 1309 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN SENATE APRIL 27, 2016
AMENDED IN SENATE APRIL 11, 2016
INTRODUCED BY Senator Leyva
FEBRUARY 19, 2016
An act to amend Section 48926 of, and to add Section
48928 to to, the Education Code,
relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 1309, as amended, Leyva. Pupil discipline: expulsion hearings:
county schools.
Existing law requires the governing board of each school district
to establish rules and regulations governing procedures for the
expulsion of pupils including, but not limited to, an expulsion
hearing and a right to appeal. Existing law requires
the county superintendent of schools in counties that operate
community schools, in conjunction with superintendents of the school
districts within the county, to develop a plan for providing
education services to all expelled pupils in that county.
This bill would prohibit a school operated by a county office of
education from expelling a pupil accused of certain offenses unless
the county board of education contracts with the Office of
Administrative Hearings or appoints an impartial administrative panel
for purposes of an expulsion hearing, as specified. The bill
would require that the pupil or the pupil's parent or guardian be
provided with notice of the hearing, as specified. The bill
would authorize a pupil expelled from a school operated by a county
office of education to appeal the hearing officer's or the impartial
administrative panel's decision to expel to the county board of
education. The bill would require the county superintendent of
schools or his or her designee, if the county board of education
upholds an expulsion, to provide a written notice of the
decision to expel, as specified. The bill would also require the plan
for providing education services to all expelled pupils in a county
that operates one or more community schools to include pupils
expelled by the county board of education. By imposing new
duties upon county boards of education, this bill would impose a
state-mandated local program.
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 48926 of the
Education Code is amended to read:
48926. (a) Each county superintendent of
schools in counties that operate community schools pursuant to
Section 1980, in conjunction with superintendents of the school
districts within the county, shall develop a plan for providing
education services to all expelled pupils in that county.
county, including pupils expelled by the county board
of education. The plan shall be adopted by the governing board
of each school district within the county and by the county board of
education.
The
(b) The plan shall enumerate
existing educational alternatives for expelled pupils, identify gaps
in educational services to expelled pupils, and strategies for
filling those service gaps. The plan shall also identify alternative
placements for pupils who are expelled and placed in district
community day school programs, but who fail to meet the terms and
conditions of their rehabilitation plan or who pose a danger to other
district pupils, as determined by the governing board.
Each
(c) Each county superintendent of
schools, in conjunction with the superintendents of the school
districts, shall submit to the Superintendent of Public
Instruction Superintendent, the county plan for
providing educational services to all expelled pupils in the county
no later than June 30, 1997, and shall submit a triennial update to
the plan to the Superintendent of Public Instruction, including the
outcome data pursuant to Section 48916.1, on June 30th thereafter.
SECTION 1. SEC. 2. Section 48928 is
added to the Education Code, to read:
48928. (a) A pupil enrolled in a school operated by a
county office of education shall not be recommended for expulsion
unless the principal of the school in which the pupil is enrolled or
his or her designee determines that the pupil has committed an act
defined pursuant to any of subdivisions (a) to (r), inclusive, of
Section 48900, subject to all of the following:
(1) If a principal or his or her designee recommends expulsion,
the county board of education shall do either of the following:
(A) Contract with the Office of Administrative Hearings for a
hearing officer to conduct the expulsion hearing.
(B) Appoint an impartial administrative panel consisting of three
or more certificated persons, none of whom is a member of the county
board of education or employed on the staff of the school in which
the pupil is enrolled, to conduct the expulsion hearing.
(2) (A) The hearing officer or the impartial administrative panel,
whichever is selected pursuant to paragraph (1), if the decision is
to expel, shall prepare and submit to the county board of education
findings of fact in support of the decision to expel.
(B) The findings of fact shall be based solely on the evidence
presented at the expulsion hearing.
(C) Final action to expel a pupil shall be taken only by the
county board of education in a public session.
(3) The pupil or the pupil's parent or guardian shall be provided
with both of the following:
(A) A written notice of the hearing at least 10 calendar days
before the date of the hearing that shall also include a statement of
specific facts and charges upon which the proposed expulsion is
based.
(B) (i) A written 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.
(ii) For purposes of this section, "legal counsel" has the same
meaning as provided in Section 48918.
(iii) For purposes of this section, "nonattorney adviser" has the
same meaning as provided in Section 48918.
(b) (1) A pupil enrolled in a school
operated by a county office of education who has been expelled from
school pursuant to this section or his or her parent of
or guardian may, within 30 days following the
hearing officer's or the impartial administrative panel's decision,
file an appeal to the county board of education, which shall hold a
hearing on the matter and render a decision. The appeal hearing shall
be held in the same manner and have the same effect as an appeal
hearing held pursuant to Section 48919.
(2) If the county board of education upholds an expulsion, the
county superintendent of schools or his or her designee shall provide
to the pupil or the pupil's parent or guardian a written notice of
the decision to expel that shall also include an education plan or
notice of the education alternative placement.
SEC. 2. SEC. 3. 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.