Topic: Students
Definition of truancy revised
SB 107, Chapter 19 (E.C. Sec. 48260)
Number of incidents required to initiate truancy proceedings changed from three absences or four tardies to three absences or tardies, or any combination of the two. An absence means not being present without a valid excuse. A tardy is being absent without a valid excuse for 30 minutes or more.
Intradistrict open enrollment criteria revised
AB 790, Chapter 89 (E.C. Sec. 35160.5)
Required selection procedures when there are more applicants then spaces clarified such that the following factors may be taken into account: (1) a finding that the student is dangerous, (2) previous attendance at the school, or (3) that the student has been on a waiting list. Provision is also made for notification of parents of the fact that certain schools or grade levels within a school are or are likely to be at capacity and will not be able to accommodate new students.| Index of Legislation | Issuance of subpoenas in student discipline cases
AB 618, Chapter 937 (E.C. Sec. 48918)
Provides for issuance of subpoenas on behalf of the administration or the student in expulsion cases.
Student expulsion
SB 966, Chapter 972 (E.C. Secs. 1981, 1982.3, 1983.5, 42238.18, 48900, 48900.6, 48915, 48915.2, 48915.5, 48915.7, 48916, 48918, and 49079
This bill:(1) Expands eligibility or enrollment in community schools to include students expelled for brandishing a knife.
(2) Subject to availability of funding, expands availability of community schools to grades 1-6.
(3) Expresses legislative intent to use federal funds, should they become available, to equip classrooms with 2-way communication devices.
(4) Adds, as ground for suspension or expulsion, possession of an imitation firearm.
(5) Provides that governing board as well as principal may require community service in lieu of suspension or expulsion.
(6) Adds brandishing a knife to offenses for which principal is required to recommend expulsion.
(7) Requires the governing board to expel a student found to have (a) possessed, sold or furnished a firearm, (b) unlawfully sold a controlled substance, or (c) brandished a knife and refer the student to a suitable program.
(8) Requires that students expelled for other reason, be referred to alternative programs.
(9) Requires notice of expulsion to list educational alternatives available to student.
(10) Revises requirement to give notice to teacher of prior disciplinary record of student as follows: 1994-95 previous year; 1995-96-previous two years; 1996-97 and each year thereafter-previous 3 years.
This bill is to be implemented only to the extent that funding is made available during the 1995-96 fiscal year. Funding has been made available; therefore, the entire bill is operative.| Index of Legislation | Alternative placement of expelled students
AB 922, Chapter 974 (E.C. Secs. 39141.12, 48660 et seq., 48915.2, 48915.7, 48916, 48926)
This bill:(1) Requires alternative educational program during period of expulsion,
(2) Permits establishment of district-run community day schools for grades K-12.
(3) Provides additional $1,500 per student for district-run community day schools which offer 6 hour day programs.
(4) Provides that district-run community day school programs must be held in buildings meeting Field Act standards unless conforming facilities are not available.
(5) Prohibits students expelled for possession of a firearm from being housed on a regular school campus.
(6) Requires districts to recommend an individualized rehabilitation plan for each expelled student.
(7) Requires County Superintendent and District Superintendents to develop plan for providing educational services to all expelled students.
(8) Requires readmission of students completing rehabilitation plan unless board finds that conditions of plan have not been met.
NOTE: This bill becomes operative on July 1, 1996, for those students expelled for possession, sale, or furnishing a firearm; brandishing a knife; or selling a controlled substance. The balance of the bill becomes operative only to the extent that funds are appropriated for implementation| Index of Legislation | Period of time for which a person may be excluded from school campus increased from seven to thirty days
AB 1344, Chapter 163 (Penal Code Secs. 626.6 and 626.7)
A person entering a school campus who is likely to interfere with the peaceful conduct or activities may be directed not to return for 30 days. Violation of the directive is a misdemeanor. This section does not apply to officials, employees or students or to a parent or guardian when retrieving a student for disciplinary reasons, medical attention or for a family emergency.
Principal who willfully fails to report student criminal conduct subject to $500 fine
SB 232, Chapter 205 (E.C. Sec. 48902)
Current law requires principals to report student crimes involving (1) aggravated assault, (2) sale or possession of alcoholic beverages or controlled substances, (3) possession or sale of narcotics, and (4) possession of a firearm at or near school. This legislation imposes a $500 fine on a principal for willful failure to make the required report.| Index of Legislation | Prohibition against obtaining information concerning personal beliefs or practices in sex, family life, morality or religion or parents' extended; state board prohibited from waiving this prohibition
AB 56, Chapter 275 (E.C. Secs. 33050, 44669, and 51313)
The law prohibiting obtaining information from students or parents concerning personal beliefs or practices in sex, family life, morality or religion sunset on January 1, 1995. This legislation extends it and prohibits its waiver by the state board of education.
K-12 school district authorized to establish community day schools
SB 619, Chapter 886 (E.C. Sec. 48660.6)
This legislation will allow K-12 districts to establish community day schools for K-12 students who are expelled or referred by probation or a SARB. This program must be separate from independent study. Districts will receive an additional $1,500 per ADA provided the program (1) offers a 360 minute minimal school day and (2) none of that time is satisfied through independent study, enrollment is capped at 1/2% of prior year ADA. County offices will be allowed to establish K-6 community schools and limit the use of community funds to the community school program. County superintendents operating a community day school are required to develop a plan for the education of all expelled students in the county.| Index of Legislation | Suspension of student expulsion order
AB 620, Chapter 95 (E.C. Sec. 48917)
Current law provides that the governing board may suspend an expulsion order for up to one year and prescribe a rehabilitation program. This legislation provides that the rehabilitation program may provide for the parents' involvement. The parents' failure to participate may not be considered in determining whether the student has successfully completed the rehabilitation program.
One year expulsion required for possession of firearm
AB49, Chapter 973 (E.C. Sec. 48916)
Requires governing board to expel a student for one year for possession of firearm. Earlier readmission may be considered on a case-by-case basis. This conforms California law to federal requirements.
Dirk and dagger defined
AB1227, Chapter 128 (Penal Code Secs. 626.10 and 12020)
Current law provided that any person who brings or possesses a dirk or dagger on public school grounds is guilty of a misdemeanor. This legislation defines a dirk or dagger as a "knife or other instrument with or without a handguard that is . . . capable or ready use as a stabbing weapon that may inflict great bodily injury or death."| Index of Legislation | Topic: Miscellaneous
Solicitation of students by volunteer dentist prohibited
SB 334, Chapter 64 (E.C. Sec. 51520)
A dentist providing volunteer dental screening for students may not solicit students for dental treatment.
Person who enters school bus without permission with intent to commit a crime and refuses to leave when so directed is guilty of a misdemeanor
SB 83, Chapter 175 (E.C. Sec. 39842)
Any person who enters a school bus without prior authorization of the driver or other school official with intent to commit any crime and who refuses to disembark after being asked to do so by the driver or other school official is guilty of a misdemeanor.| Index of Legislation | County board of education or school or community college district governing board may place term limit proposal on ballot
SB 2, Chapter 432 (E.C. Secs. 1006, 35107, 72103; Govt Code Secs.. 25000, 36502, and 53077)
This legislation authorizes a county board of education, a K-12, or a community college governing board to place on the ballot a measure establishing or repealing term limits. If adopted, a term limit measure would only have prospective application.
Solicitation of campaign contribution from employees by board and county superintendent candidates is a misdemeanor
SB 1308, Chapter 653 (Govt Code Section 3205)
This legislation makes it a misdemeanor for a candidate for elective office to knowingly solicit campaign contributions from an officer or employee of that agency. The limitation does not apply if the solicitation is part of a solicitation made to a significant segment of the public of which the employees are a part.
Possession of a gun near a school is a crime
AB 629, Chapter 659 (Penal Code Sec. 626.8)
This legislation modifies the existing Gun Free School Zone Act by changing the penalties so that violation is punishable as a misdemeanor or a felony under certain circumstances. Possession of a gun on school grounds is a felony and a second offense requires imprisonment for at least three months.| Index of Legislation |