Bill Text: CA SB1088 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Pupils: readmission.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2012-09-19 - Chaptered by Secretary of State. Chapter 381, Statutes of 2012. [SB1088 Detail]

Download: California-2011-SB1088-Amended.html

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BILL NUMBER: SB 1088	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 3, 2012
	AMENDED IN SENATE  APRIL 24, 2012
	AMENDED IN SENATE  APRIL 10, 2012

INTRODUCED BY   Senator Price
   (Coauthor: Senator De León)
   (Coauthors: Assembly Members Dickinson and Hall)

                        FEBRUARY 15, 2012

   An act to amend Sections 48645.5 and 48916 of the Education Code,
relating to pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1088, as amended, Price. Pupils: readmission.
   (1) Existing law requires each school district and county office
of education to accept for credit full or partial coursework
satisfactorily completed by a pupil while attending a public school,
juvenile court school, or nonpublic, nonsectarian school or agency.
If a pupil completes the graduation requirements of his or her school
district of residence while being detained in a juvenile facility,
as specified, the school district of residence is required to issue
to the pupil a diploma from the school the pupil last attended before
detention or, in the alternative, the county superintendent of
schools is authorized to issue the diploma.
   This bill would prohibit a school from denying enrollment or
readmission to a pupil solely on the basis that he or she has had
contact with the juvenile justice system, as specified.
   (2) Existing law requires the governing board of a school
district, when it issues an order for expulsion, to set a date when
the expelled pupil is to be reviewed for readmission to a school
maintained by the district or to the school the pupil last attended,
not later than the last day of the semester following the semester in
which the expulsion occurred.
   This bill would additionally require the governing board of the
school district, if it denies the readmission of an expelled pupil
and the pupil or the pupil's parent or guardian requests a
reevaluation, to set a date not later than the last day of the
semester following the semester in which the readmission was denied
to reevaluate the pupil for readmission to a regular school district
program or to the school the pupil last attended before the
expulsion, subject to specified requirements. By requiring the
governing board of a school district to conduct additional
readmission evaluations, this bill would impose a state-mandated
local program.
   (3) 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 48645.5 of the Education Code is amended to
read:
   48645.5.  (a) Each public school district and county office of
education shall accept for credit full or partial coursework
satisfactorily completed by a pupil while attending a public school,
juvenile court school, or nonpublic, nonsectarian school or agency.
The coursework shall be transferred by means of the standard state
transcript. If a pupil completes the graduation requirements of his
or her school district of residence while being detained, the school
district of residence shall issue to the pupil a diploma from the
school the pupil last attended before detention or, in the
alternative, the county superintendent of schools may issue the
diploma.
   (b) A pupil shall not be denied enrollment or readmission to a
public school solely on the basis that he or she has had contact with
the juvenile justice system, including, but not limited to:
   (1) Arrest.
   (2) Adjudication by a juvenile court.
   (3) Formal or informal supervision by a probation officer.
   (4) Detention for any length of time in a juvenile facility or
enrollment in a juvenile court school.
  SEC. 2.  Section 48916 of the Education Code is amended to read:
   48916.  (a) An expulsion order shall remain in effect until the
governing board, in the manner prescribed in this article, orders the
readmission of a pupil. At the time an expulsion of a pupil is
ordered for an act other than those described in subdivision (c) of
Section 48915, the governing board shall set a date, not later than
the last day of the semester following the semester in which the
expulsion occurred, when the pupil shall be reviewed for readmission
to a school maintained by the district or to the school the pupil
last attended. If an expulsion is ordered during summer session or
the intersession period of a year-round program the governing board
shall set a date, not later than the last day of the semester
following the summer session or intersession period in which the
expulsion occurred, when the pupil shall be reviewed for readmission
to a school maintained by the district or to the school the pupil
last attended. For a pupil who has been expelled pursuant to
subdivision (c) of Section 48915, the governing board shall set a
date of one year from the date the expulsion occurred, when the pupil
shall be reviewed for readmission to a school maintained by the
district, except that the governing board may set an earlier date for
readmission on a case-by-case basis.
   (b) The governing board shall recommend a plan of rehabilitation
for the pupil at the time of the expulsion order, which may include,
but not be limited to, periodic review as well as assessment at the
time of review for readmission. The plan may also include
recommendations for improved academic performance, tutoring, special
education assessments, job training, counseling, employment,
community service, or other rehabilitative programs.
   (c) The governing board of each school district shall adopt rules
and regulations establishing a procedure for the filing and
processing of requests for readmission and the process for the
required review of all expelled pupils for readmission. Upon
completion of the readmission process, the governing board shall
readmit the pupil, unless the governing board makes a finding that
the pupil has not met the conditions of the rehabilitation plan or
continues to pose a danger to campus safety or to other pupils or
employees of the school district. A description of the procedure
shall be made available to the pupil and the pupil's parent or
guardian at the time the expulsion order is entered.
   (d) If the governing board denies the readmission of an expelled
pupil pursuant to subdivision (c), the governing board shall make a
determination either to continue the placement of the pupil in the
alternative educational program initially selected for the pupil
during the period of the expulsion order or to place the pupil in
another program that may include, but need not be limited to, serving
expelled pupils, including placement in a county community school.
At the request of the pupil or the pupil's parent or guardian, the
governing board shall also set a date, not later than the last day of
the semester following the semester in which the readmission was
denied, to reevaluate the pupil for readmission to a regular school
district program or to the school the pupil last attended before the
expulsion.
   (e) The governing board shall provide written notice to the
expelled pupil and the pupil's parent or guardian  describing
the   that includes, but is not limited to, all of the
  following: 
    (1)     The  reasons for denying the
pupil readmittance into the regular school district  program,
and, if   program. 
    (2)     If  applicable, 
specifying  the date on which the pupil will be reevaluated
for readmission.  The written notice shall also include the
determination of the 
    (3)     Which  educational program
 was selected by the governing board  for the expelled pupil
pursuant to subdivision (d). The expelled pupil shall enroll in that
educational program unless the parent or guardian of the pupil
elects to enroll the pupil in another school district. 
   (4) A description of the requirement set forth in paragraph (2) of
subdivision (f). 
   (f) (1) Reevaluation of a pupil for readmission shall be conducted
in the same manner as the initial readmission procedure and in
accordance with the requirements of subdivision (c).
   (2) Before a pupil is to be reevaluated for readmission, the pupil
shall provide to the governing board written documentation detailing
how the pupil has addressed the reasons given by the governing board
for the initial denial of readmission.
  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.