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AB-795 School attendance: convictions: violent felony or sex offense.(1999-2000)

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AB795:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 795

Introduced  by  Assembly Member Maldonado

February 24, 1999

An act to amend Sections 1981, 48645, and 48662 of, and to add Section 48200.4 to, the Education Code, relating to school attendance.


LEGISLATIVE COUNSEL'S DIGEST


AB 795, as introduced, Maldonado. School attendance: convictions: violent felony or sex offense.
Existing law requires each person between the ages of 6 and 18 years not exempted under certain provisions to be subject to compulsory full-time education. Existing law establishes public schools in various facilities used to detain juveniles to provide those juvenile court school pupils with quality education and training. Existing law authorizes the county board of education to establish and maintain one or more community schools, and the governing board of a school district to establish one or more community day schools for pupils in kindergarten or any of grades 1 to 12, inclusive, who meet certain conditions.
This bill would prohibit any pupil who would otherwise be subject to those compulsory education requirements who has been convicted of a violent felony or a sex offense as defined, subsequent to the operative date of this bill, from being allowed to attend an elementary, middle, junior high, comprehensive senior high, opportunity, or continuation school. The bill would, however, allow such a pupil to attend a county community school, a juvenile court school, or a community day school. The bill would make conforming changes in related provisions. These new requirements for the governing boards of school districts and county offices of education concerning the placement of pupils 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1981 of the Education Code is amended to read:

1981.
 The county board of education may enroll in a community school pupils who are any of the following:
(a) Expelled from a school district for any reason other than those specified in subdivision (a) or (c) of Section 48915.
(b) Referred to county community schools by a school district as a result of the recommendation by a school attendance review board or pupils whose school districts of attendance have, at the request of the pupil’s parent or guardian, approved the pupil’s enrollment in a county community school.
(c) (1) Probation-referred pursuant to Sections 300, 601, 602, and 654 of the Welfare and Institutions Code.
(2) On probation or parole and not in attendance in any school.
(3) Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915.
(d) Homeless children.
(e) The pupil has been convicted of a violent felony as described in subdivision (c) of Section 667.5 of the Penal Code or has been convicted of a sex offense as described in Section 44010, and is subject to Section 48200.4.

SEC. 2.

 Section 48200.4 is added to the Education Code, to read:

48200.4.
 Any pupil who would otherwise be subject to the school attendance provisions of this chapter or Chapter 3 (commencing with Section 48400), who has been convicted of a violent felony as defined in subdivision (c) of Section 667.5 of the Penal Code or has been convicted of a sex offense as defined in Section 44010 subsequent to the operative date of this section shall not be allowed to attend an elementary, middle, junior high, comprehensive senior high, opportunity, or continuation school. Such a pupil may, however, attend a county community school established pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2, juvenile court school established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 or a community day school established pursuant to Article 3 (commencing with Section 48660) of Chapter 4.

SEC. 3.

 Section 48645 of the Education Code is amended to read:

48645.
 (a) The purpose of this article is to provide for the administration and operation of public schools in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, regional youth educational facilities, or Orange County youth correctional centers in existence and providing services prior to the effective date of the amendments to this section made by the Statutes of 1989, established pursuant to Article 23 (commencing with Section 850), Article 24 (commencing with Section 880), Article 24.5 (commencing with Section 894) of Chapter 2 of Division 2, or Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5, of the Welfare and Institutions Code or in any group home housing 25 or more children placed pursuant to Sections 362, 727, and 730, of the Welfare and Institutions Code or in any group home housing 25 or more children and operating one or more additional sites under a central administration for children placed pursuant to Section 362, 727, or 730 of the Welfare and Institutions Code, with acceptable school structures at one or more centrally located sites to serve the single or composite populations, and to provide the juvenile court school pupils therein detained with quality education and training.

Nothing

(b) Except as otherwise provided by Section 48200.4, nothing in this section shall be construed as indicating that it is the intent of the Legislature to prevent juvenile court school pupils who are housed in group homes from enrolling in regular public schools, or that it is the intent of the Legislature to transfer the responsibility for any costs associated with the operation of group homes to the counties.
The Orange County Office of Education shall only provide educational services in youth correctional centers for individuals up to 19 years of age.

SEC. 4.

 Section 48662 of the Education Code is amended to read:

48662.
 (a) The governing board of a school district that establishes a community day school shall adopt policies that provide procedures for the involuntary transfer of pupils to a community day school.
(b) A pupil may be assigned to a community day school only if he or she meets one or more of the following conditions:
(1) The pupil is expelled for any reason.
(2) The pupil is probation referred pursuant to Sections 300 and 602 of the Welfare and Institutions Code.
(3) The pupil is referred to a community day school by a school attendance review board or other district level referral process.
(4) A pupil has been convicted of a violent felony as described in subdivision (c) of Section 667.5 of the Penal Code or has been convicted of a sex offense as described in Section 44010, and is subject to Section 48200.4.
(c) First priority for assignment to a community day school shall be given to a pupil expelled pursuant to subdivision (d) of Section 48915, second priority shall be given to pupils expelled for any other reasons, and third priority shall be given for placement to all other pupils pursuant to this section, unless there is an agreement that the county superintendent of schools shall serve any of these pupils.

SEC. 5.

 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.