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AB-2300 Pupil records: suspensions: community service: disclosure.(2011-2012)

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Amended  IN  Assembly  April 24, 2012
Amended  IN  Assembly  April 09, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2300


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: disclosure.
Existing law authorizes a superintendent or principal of a school to suspend or recommend for expulsion a pupil who commits one or more 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 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 or suspensions, if the each suspension was for a minor offense and the pupil completed 5 hours of community service for each suspension, 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   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 or suspensions, if:
(1) The Each 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 for each suspension and submitted proof of completion pursuant to subdivisions (d) and (e). The community service shall be performed during nonschool hours.
(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. profanity, pursuant to Section 48900.
(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.

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.