California Senate Bill SB1309 Amended / Bill

 BILL NUMBER: SB 1309AMENDED BILL TEXT AMENDED IN SENATE APRIL 27, 2016 AMENDED IN SENATE APRIL 11, 2016 INTRODUCED BY Senator Leyva FEBRUARY 19, 2016 An act to add Section 48928 to the Education Code, relating to pupils. LEGISLATIVE COUNSEL'S DIGEST SB 1309, as amended, Leyva. Pupil discipline:  suspension and  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. This bill would prohibit a school operated by a county office of education from  suspending, expelling, or otherwise denying attendance to   expelling  a pupil accused of certain offenses  without a hearing before   unless the county board of education contracts with the Office   of Administrative Hearings or appoints  an impartial administrative  panel.   panel for purposes of an expulsion hearing, as specified.  The bill would authorize a pupil  suspended from, expelled from, or otherwise denied attendance to a   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. 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 48928 is added to the Education Code, to read: 48928. (a) A pupil enrolled in a school operated by a county office of education who is accused of committing an act as defined pursuant to any of subdivisions (a) to (r), inclusive, of Section 48900 shall not be suspended from, expelled from, or otherwise denied attendance at the school, unless both of the following occur: (1) (A) The principal of the school recommends the pupil for removal to an impartial administrative panel of three or more certificated persons appointed by the county board of education. (B) Section 27722 of the Government Code applies to a hearing by the impartial administrative panel and, for purposes of this section, the term "hearing officer" in Section 27722 of the Government Code means an impartial administrative panel. (C) A member of the administrative hearing panel shall not be a member of the county board of education, nor be employed by the school from which the pupil is enrolled. (2) The impartial administrative panel determines that the pupil has committed an act pursuant to any of subdivisions (a) to (r), inclusive, of Section 48900. (b) A pupil enrolled in a school operated by a county office of education who has been suspended from, expelled from, or otherwise denied attendance at the school pursuant to this section may, within 30 days following the 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.   SECTION 1.   Section 48928 is added to the   Education Code   , to read:   48928. (a) A pupil enrolled in 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. (b) 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 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.  SEC. 2. 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.