AB 1230

Existing law authorizes the governing board of a school district to order a pupil expelled upon finding that the pupil committed one or more of a specified act, as provided. Existing law requires an expulsion order to remain in effect until the governing board orders the readmission of a pupil and requires the governing board to recommend a plan of rehabilitation for the pupil at the time of the expulsion order that may include recommendations for, among other things, improved academic performance, tutoring, or counseling. Existing law requires the governing board of each school district to 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. Existing law requires the governing board, upon completion of the readmission process, to 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.

Existing law requires each county superintendent of schools in counties that operate community schools, in conjunction with superintendents of school districts within the county, to develop a plan for providing education services to all expelled pupils in that county, as provided. Existing law requires the plan to enumerate existing educational alternatives for expelled pupils, identify gaps in educational services to expelled pupils, and strategies for filling those service gaps. Existing law requires each school district to maintain specified data related to pupil expulsions, including, among other things, the number of pupils recommended for expulsion.

This bill would require a plan of rehabilitation to include periodic review and a preliminary assessment for readmission at least 45 days before the end of the expulsion term, be tailored to the individual pupil's needs, and address the pupil's behavior that led to the expulsion and would authorize the plan of rehabilitation to be developed in consultation with specified school personnel, as provided. The bill would require the governing board of a school district to (1) assist the pupil in locating opportunities accessible to the pupil that are necessary to complete the requirements of a plan for rehabilitation, as provided, and (2) as part of the process for a required review, indicate whether or not the pupil had access to the necessary resources to complete their rehabilitation plan. The bill would prohibit the governing board from requiring the pupil or the pupil's parent or guardian to pay for any costs or services that the governing board determines to be necessary for the pupil to complete a plan of rehabilitation and would prohibit an expelled pupil from being denied readmission due to financial or transportation barriers or a lack of viable opportunities to complete a term of the rehabilitation plan. The bill would require the governing board to instead readmit the pupil, unless the governing board makes a finding that the pupil (1) has not substantially met the conditions of the rehabilitation plan despite having access to the necessary resources and viable opportunities to complete their plan or (2) continues to exhibit documented behaviors that the pupil was expelled for or is documented to have committed one or more new acts during the expulsion term that would make the pupil eligible for another expulsion. The bill would authorize the governing board to extend the expulsion term, as specified, if the governing board makes one of those specified findings, as provided.

This bill would require the above-described plan for providing education services to all expelled pupils in the county to (1) include any services that may be required pursuant to an expelled pupil's individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, (2) identify multiple educational programs and services for expelled pupils, (3) outline a timely readmission process after the expulsion term is complete, and (4) describe the steps to be taken by the school district to support the successful transition of a pupil upon readmission, as provided. The bill would require each school district to maintain additional data related to pupil expulsions, including, among other things, the average length of expulsion terms, including any extensions, and would delete obsolete provisions related to that data.

By imposing additional duties on local educational agencies or local officials, the bill would constitute 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.