Bill Text: CA SB433 | 2011-2012 | Regular Session | Introduced

California Senate Bill 433 (Prior Session Legislation)

Introduced

Bill Title: Charter schools: suspension and expulsion of pupils.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB433 Detail]

Download: California-2011-SB433-Introduced.html

BILL NUMBER: SB 433	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu

                        FEBRUARY 16, 2011

   An act to amend Sections 47610 and 48925 of the Education Code,
relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 433, as introduced, Liu. Charter schools: suspension and
expulsion of pupils.
   (1) The Charter Schools Act of 1992 permits teachers and parents
to petition the governing board of a school district to approve a
charter school to operate independently from the existing school
district structure as a method of accomplishing, among other things,
improved pupil learning. Existing law exempts charter schools from
the laws governing school districts except those of the Charter
Schools Act, those establishing minimum age for public school
attendance, specified building code regulations, and other specified
laws. Existing law requires a charter school to comply with its
charter.
   Existing law enumerates the acts for which a pupil may be
suspended or expelled from school and sets forth procedures a school
district is required to follow in suspending or expelling a pupil.
   This bill would require a charter school to comply with laws
governing school districts relating to the suspension and expulsion
of pupils thereby imposing a state-mandated local program.
   (2) 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 47610 of the Education Code is amended to read:

   47610.  A charter school shall comply with this part and all of
the provisions set forth in its charter, but is otherwise exempt from
the laws governing school districts, except all of the following:

   (a) As specified in Section 47611.  
   (b) As specified in Section 41365.  
   (c) 
    (a)  All laws establishing minimum age for public school
attendance. 
   (d) 
    (b)  The California Building Standards Code (Part 2
(commencing with Section 101) of Title 24 of the California Code of
Regulations), as adopted and enforced by the local building
enforcement agency with jurisdiction over the area in which the
charter school is located.  Charter school facilities shall
comply with this subdivision by January 1, 2007.  
   (e) Charter school facilities shall comply with subdivision (d) by
January 1, 2007.  
   (c) Sections 41365 and 47611 and Article 1 (commencing with
Section 48900) of Chapter 6 of Part 27. 
  SEC. 2.  Section 48925 of the Education Code is amended to read:
   48925.  As used in this article:
   (a) "Day" means a calendar day unless otherwise specifically
provided.
   (b) "Expulsion" means removal of a pupil from (1) the immediate
supervision and control, or (2) the general supervision, of school
personnel, as those terms are used in Section 46300. 
   (c) "Governing board" means the governing board of a school
district or the governing body of a charter school.  
   (d) "Principal" means the principal of the school or the site
administrator of a charter school.  
   (e) "Pupil" includes a pupil's parent or guardian or legal
counsel.  
   (f) "School" includes a charter school.  
   (c) 
    (g)  "Schoolday" means a day upon which the schools of
the district are in session or weekdays during the summer recess.

   (d) 
    (h)  "Suspension" means removal of a pupil from ongoing
instruction for adjustment purposes. However, "suspension" does not
mean any of the following:
   (1) Reassignment to another education program or class at the same
school where the pupil will receive continuing instruction for the
length of day prescribed by the governing board for pupils of the
same grade level.
   (2) Referral to a certificated employee designated by the
principal to advise pupils.
   (3) Removal from the class, but without reassignment to another
class or program, for the remainder of the class period without
sending the pupil to the principal or the principal's designee as
provided in Section 48910. Removal from a particular class shall not
occur more than once every five schooldays. 
   (e) "Pupil" includes a pupil's parent or guardian or legal
counsel. 
  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.