Bill Text: CA SB1343 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pupils: intradistrict transfer of pupil convicted of violent felony or misdemeanor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-08-19 - Chaptered by Secretary of State. Chapter 154, Statutes of 2016. [SB1343 Detail]
Download: California-2015-SB1343-Chaptered.html
BILL NUMBER: SB 1343 CHAPTERED
BILL TEXT
CHAPTER 154
FILED WITH SECRETARY OF STATE AUGUST 19, 2016
APPROVED BY GOVERNOR AUGUST 19, 2016
PASSED THE SENATE MAY 16, 2016
PASSED THE ASSEMBLY AUGUST 4, 2016
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE APRIL 12, 2016
INTRODUCED BY Senator Wolk
FEBRUARY 19, 2016
An act to amend Section 48980 of, and to add Article 1.5
(commencing with Section 48929) to Chapter 6 of Part 27 of Division 4
of Title 2 of, the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
SB 1343, Wolk. Pupils: intradistrict transfer of pupil convicted
of violent felony or misdemeanor.
Existing law establishes a system of public elementary and
secondary education in this state. Existing law establishes school
districts throughout the state and authorizes these school districts
to provide instruction at the elementary and secondary schools they
operate and maintain. Existing law provides for the governance of
these school districts through elected school district governing
boards.
This bill would authorize school district governing boards to
transfer to another school in that school district pupils enrolled in
that school district who have been convicted of violent felonies, as
defined, or designated misdemeanors if the pupil to be transferred
and the victim of the crime for which the pupil was convicted are
enrolled at the same school, if certain requirements are satisfied,
including, but not limited to, that the governing board of the school
district adopts a policy and notifies parents or guardians of the
policy as part of its annual notification to parents and guardians,
as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.5 (commencing with Section 48929) is added to
Chapter 6 of Part 27 of Division 4 of Title 2 of the Education
Code, to read:
Article 1.5. Transfer of Pupil Convicted of Violent Felony or
Misdemeanor
48929. Notwithstanding any other law, the governing board of a
school district may transfer to another school in that school
district a pupil enrolled in that school district who has been
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5 of the Penal Code, or convicted of a misdemeanor listed
in Section 29805 of the Penal Code if the pupil to be transferred
and the victim of the crime for which the pupil was convicted are
enrolled at the same school, subject to satisfaction of both of the
following conditions:
(a) The governing board of the school district has adopted a
policy at a regularly scheduled meeting that contains all of the
following provisions:
(1) A requirement that the pupil and pupil's parent or guardian be
notified of the right to request a meeting with the school principal
or designee of the school or school district.
(2) A requirement that the school first attempt to resolve the
conflict before transferring a pupil, including, but not limited to,
using restorative justice, counseling, or other services.
(3) Whether the decision to transfer a pupil is subject to
periodic review and the procedure for conducting the review.
(4) The process to be used by the governing board of the school
district to consider and approve or disapprove of the recommendation
of the school principal or other school or school district designee
to transfer the pupil.
(b) The governing board of the school district has provided notice
of the policy to parents or guardians as part of the annual
notification required pursuant to Section 48980.
SEC. 2. Section 48980 of the Education Code is amended to read:
48980. (a) At the beginning of the first semester or quarter of
the regular school term, the governing board of each school district
shall notify the parent or guardian of a minor pupil regarding the
right or responsibility of the parent or guardian under Sections
35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and
51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of
Division 1 of Title 1.
(b) The notification also shall advise the parent or guardian of
the availability of individualized instruction as prescribed by
Section 48206.3, and of the program prescribed by Article 9
(commencing with Section 49510) of Chapter 9.
(c) The notification also shall advise the parents and guardians
of all pupils attending a school within the school district of the
schedule of minimum days and pupil-free staff development days, and
if minimum or pupil-free staff development days are scheduled
thereafter, the governing board of the school district shall notify
parents and guardians of the affected pupils as early as possible,
but not later than one month before the scheduled minimum or
pupil-free day.
(d) The notification also may advise the parent or guardian of the
importance of investing for future college or university education
for their children and of considering appropriate investment options,
including, but not limited to, United States savings bonds.
(e) The notification shall advise the parent or guardian of the
pupil that each pupil completing grade 12 is required to successfully
pass the high school exit examination administered pursuant to
Chapter 9 (commencing with Section 60850) of Part 33. The
notification shall include, at a minimum, the date of the examination
and the requirements for passing the examination, and shall inform
the parents and guardians regarding the consequences of not passing
the examination and shall inform parents and guardians that passing
the examination is a condition of graduation.
(f) Each school district that elects to provide a fingerprinting
program pursuant to Article 10 (commencing with Section 32390) of
Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or
guardians of the program as specified in Section 32390.
(g) The notification also shall include a copy of the written
policy of the school district on sexual harassment established
pursuant to Section 231.5, as it relates to pupils.
(h) The notification shall advise the parent or guardian of all
existing statutory attendance options and local attendance options
available in the school district. This notification component shall
include all options for meeting residency requirements for school
attendance, programmatic options offered within the local attendance
areas, and any special programmatic options available on both an
interdistrict and intradistrict basis. This notification component
also shall include a description of all options, a description of the
procedure for application for alternative attendance areas or
programs, an application form from the school district for requesting
a change of attendance, and a description of the appeals process
available, if any, for a parent or guardian denied a change of
attendance. The notification component also shall include an
explanation of the existing statutory attendance options, including,
but not limited to, those available under Section 35160.5, Chapter 5
(commencing with Section 46600) of Part 26, and subdivision (b) of
Section 48204. The department shall produce this portion of the
notification and shall distribute it to all school districts.
(i) It is the intent of the Legislature that the governing board
of each school district annually review the enrollment options
available to the pupils within its district and that the school
districts strive to make available enrollment options that meet the
diverse needs, potential, and interests of the pupils of California.
(j) The notification shall advise the parent or guardian that a
pupil shall not have his or her grade reduced or lose academic credit
for any absence or absences excused pursuant to Section 48205 if
missed assignments and tests that can reasonably be provided are
satisfactorily completed within a reasonable period of time, and
shall include the full text of Section 48205.
(k) The notification shall advise the parent or guardian of the
availability of state funds to cover the costs of advanced placement
examination fees pursuant to Section 52242.
(l) The notification to the parent or guardian of a minor pupil
enrolled in any of grades 9 to 12, inclusive, also shall include the
information required pursuant to Section 51229.
(m) If a school district elects to allow a career technical
education course to satisfy the requirement imposed by subparagraph
(E) of paragraph (1) of subdivision (a) of Section 51225.3, the
school district shall include, in the notification required pursuant
to this section, both of the following:
(1) Information about the high school graduation requirements of
the school district and how each requirement satisfies or does not
satisfy the subject matter requirements for admission to the
California State University and the University of California.
(2) A complete list of career technical education courses offered
by the school district that satisfy the subject matter requirements
for admission to the California State University and the University
of California, and which of the specific college admission
requirements these courses satisfy.
(n) A school district that elects to adopt a policy regarding the
transfer of pupils pursuant to Article 1.5 (commencing with Section
48929) shall inform parents or guardians of the policy in the
notification required pursuant to this section.
