Bill Text: CA AB2300 | 2011-2012 | Regular Session | Amended

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Bill Title: Pupil records: suspensions: community service:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB2300 Detail]

Download: California-2011-AB2300-Amended.html

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BILL NUMBER: AB 2300	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 24, 2012

   An act to add Section 48900.9 to the Education Code, relating to
pupil records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2300, as amended, Swanson. Pupil records: suspensions:
community service: disclosure.
   Existing law authorizes a superintendent or principal of a school
to suspend or recommend for expulsion a pupil who commits one or more
enumerated acts. Existing law authorizes the principal of a school,
the principal's designee, the superintendent of schools, or the
governing board of a school district to require a pupil to perform
community service, as defined, during the pupil's nonschool hours as
part of or instead of disciplinary action, subject to specified
exceptions.
   Existing law requires that, for purposes of notification to
parents and the reporting of expulsion or suspension offenses to the
State Department of Education, a school district specifically
identify, by offense committed, in all appropriate official records
of a pupil, each suspension or expulsion of that pupil for the
commission of specified offenses.
   This bill would prohibit a school, at the request of a pupil or
the pupil's parent or guardian, from disclosing to a postsecondary
educational institution the pupil's disciplinary records relating to
a suspension  or suspensions  , if  the 
 each  suspension was for a minor offense and the pupil
completed 5 hours of community service  for each suspension 
, as specified. The bill would require a school district to adopt a
policy regarding which behaviors are minor offenses for purposes of
these provisions, and would also require that the pupil and the pupil'
s parent or guardian be informed of the option to perform community
service. By imposing these additional duties on schools and school
districts, 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 48900.9 is added to the Education Code, to
read:
   48900.9.  (a) At the request of a pupil or a pupil's parent or
guardian, a school shall not disclose to a postsecondary educational
institution, when providing transcript data or other pupil
information to that institution, the pupil's disciplinary records
relating to a suspension  or suspensions  , if:
   (1)  The  Each  suspension was for a
minor offense specified in the policy adopted by the school district
pursuant to subdivision (b).
   (2) The pupil has completed five hours of approved community
service  for each suspension  and submitted proof of
completion pursuant to subdivisions (d) and (e).  The community
service shall be performed during nonschool hours. 
   (b) A school district shall adopt a policy regarding which
behaviors constitute minor offenses for purposes of this section. The
behaviors identified in this policy shall include, but not be
limited to, the willful defiance of a teacher's authority and the
habitual use of  profanity.   profanity,
pursuant to   Section 48900. 
   (c) When a suspension is imposed for a minor offense specified in
the school district's policy, the pupil and the pupil's parent or
guardian shall be informed of the option to perform community
service.
   (d) If the pupil opts to perform community service, he or she
shall obtain approval from the school before commencing the community
service. The school may reject community service that it finds has
little or no educational value.
   (e) Upon completion of the five hours of community service, a
pupil shall submit proof of completion using either of the following:

   (1) A note from a school employee, if the community service is
completed at a school within the school district that the pupil
attends.
   (2) A letter from an employee or volunteer of the program or
agency, if the community service is completed through a program that
is not operated by the school district.
   (f) It is the intent of the Legislature that this section be
construed to not eliminate or change the obligation of a school to
report suspension offenses to the department or otherwise report or
maintain disciplinary data.
  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.