Existing law and case law recognize that education is a fundamental right under the state constitution. Existing law, the Arnold-Kennick Juvenile Court Law, states its purpose is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court, and require minors under the jurisdiction of the juvenile court to receive care, treatment, and guidance consistent with their best interests. Existing law requires county boards of education to provide for the administration and operation of public schools in juvenile halls, juvenile ranches, and juvenile camps, among others, known as juvenile court schools.
This bill would prohibit juveniles who are detained in, or committed to, juvenile hall, a secure youth treatment facility, juvenile ranch, camp, or forestry camp from being denied access to an
equitable education with their peers, except in limited and temporary circumstances where the juvenile poses an immediate threat to staff or other juveniles. The bill would, if a juvenile is denied access to an equitable education with their peers for 3 consecutive school days in a school year, authorize a petition to be filed and would require the juvenile court to grant a hearing on the petition. The bill would require the county probation department to establish, by clear and convincing evidence, that the juvenile poses an immediate threat to staff or other juveniles at juvenile hall, a secure youth treatment facility, juvenile ranch, camp, or forestry camp. The bill would require, if the court determines that the probation department has not met its burden, to order that the juvenile be allowed to return to instruction with the juvenile’s peers. The bill would require a county probation department, in collaboration with a county office of education, to ensure that juveniles who are temporarily denied
access to equitable education with their peers have access to paper or online coursework that is aligned to grade level standards. To the extent this bill would mandate that a county probation department or county office of education provide a new program or higher level of service, the 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 the statutory provisions noted above.