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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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  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  discipline   records  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2300, as amended, Swanson. Pupil  discipline:
suspension:   records: suspensions:  community
 service.   service: expungement. 
   Existing law authorizes a superintendent or principal of a school
to suspend or recommend for expulsion a pupil who commits one or more
of 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. 
   This bill would declare the intent of the Legislature to enact
legislation that would ensure that community service hours replace
suspensions as a primary method of pupil discipline.  
   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 require a school district to expunge from a pupil'
s records a suspension for specified offenses if the pupil completes
5 hours of community service or a resource-based alternative and
submits proof of completion to the principal of the school he or she
attends, as specified. By imposing this duty on 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:  no
  yes  . State-mandated local program:  no
  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) Notwithstanding any other law, a school district
shall expunge from a pupil's official records, including his or her
cumulative record, a suspension for any of the offenses set forth in
Section 48900, 48900.2, 48900.3, 48900.4, 48900.7, or 48915, if the
pupil completes five hours of community service or a resource-based
alternative, including, but not limited to, tutoring, mentoring, or
job training, and submits proof of completion to the principal of the
school he or she attends.
   (b) (1) If the community service or resource-based alternative is
completed at a school within the school district that the pupil
attends, a note from a school employee is sufficient proof of
completion.
   (2) If the community service or resource-based alternative is
completed through a program that is not operated by the school
district, a letter from an employee or volunteer of the program is
sufficient proof of completion.
   (c) Suspension data shall be expunged from a pupil's records at
the end of the school year in which the pupil meets the requirements
of subdivisions (a) and (b).
   (d) The process described in this section may be used solely for
the purpose of expunging suspension data from a pupil's records.
Until the suspension data is expunged from a pupil's records, this
section does not eliminate or change a school district's obligation
to notify parents, report suspension offenses to the department, or
otherwise maintain suspension or expulsion 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.  
  SECTION 1.    It is the intent of the Legislature
that would enact legislation to ensure that community service hours
replace suspensions as a primary method of pupil discipline.