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  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: expungement   disclosure
 .
   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.
   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.  

   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, if the suspension was for a minor offense and the pupil
completed 5 hours of community service, 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, if:
   (1) The 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 and submitted proof of completion pursuant to subdivisions
(d) and (e).
   (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.
   (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.  
  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.