California Senate Bill SB1309 Latest Draft

 BILL NUMBER: SB 1309AMENDED 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.