California 2013-2014 Regular Session Status: To Executive

SB 744 — Pupils: involuntary transfer: county community schools and community day schools.

Last action — Consideration of Governor's veto stricken from file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law authorizes a county board of education to establish and maintain one or more community schools into which the county board of education may enroll specified pupils, including, but not limited to, pupils who are expelled for specified reasons, referred as the result of the recommendation by a school attendance review board, probation referred, or homeless children. This bill would revise the list of pupils who may be involuntarily enrolled in a county community school to limit the kind of probation referrals and remove homeless children. The bill, with regard to pupils referred as the result of a recommendation by the school attendance review board, would require that the school district and the county office of education determine that the county community school has space available to enroll the pupil, the pupil's educational needs will be met by the county community school, and that the parent, guardian, or responsible adult does not expressly object to the referral. The bill would require the school attendance review board to include a school option that is geographically accessible, as defined, to the pupil, if the county community school is not geographically accessible, as specified. The bill would also provide that the pupil has the right to return to his or her previous school, or other appropriate school, at the end of the semester following the semester when the acts leading to referral occurred. The bill would allow enrollment of certain other pupils in a county community school with the consent of the pupil's parent, guardian or responsible adult. The bill would authorize, with respect to certain probation referrals to a county community school, certain persons, including the attorney for a pupil who is under the jurisdiction of a delinquency court, to take specified actions related to the enrollment of a pupil in a county community school. (2) Existing law requires a county community school to prescribe an individually planned educational program based on an educational assessment for each pupil. Existing law requires the course of study of a county community school to be adopted by the county board of education to enable each pupil to continue academic work leading to the completion of a regular high school program. This bill would require county boards of education operating county community schools to ensure, among other things, that appropriate services and programs specified in a pupil's individualized education program are provided. (3) Existing law authorizes the governing board of a school district to establish one or more community day schools for pupils in any of kindergarten and grades 1 to 12, inclusive. Existing law authorizes the governing board of a school district to assign a pupil to a community day school only if the pupil meets specified conditions, including, but not limited to, being expelled, being referred by a school attendance review board or other district-level referral process, and being probation referred pursuant to specified law. This bill would revise the list of pupils who may be involuntarily transferred to a community day school to limit the kind of probation referrals. The bill would impose certain conditions on the involuntary transfer of a pupil referred by the school attendance review board or other district-level referral process and would require the school attendance review board or other district-level referral process to include a geographically accessible school option if the community day school is not geographically accessible. The bill would allow enrollment of certain other pupils in a community day school with the consent of the pupil's parent or guardian. The bill would authorize, with respect to certain probation referrals to a community day school, certain persons, including the attorney for a pupil who is under the jurisdiction of a delinquency court, to take specified actions related to the enrollment of a pupil in a community day school. (4) Existing law states the intent of the Legislature that community day schools include specified program components, including, but not limited to, individualized instruction and assessment. This bill would state the intent of the Legislature that, if an individualized assessment shows that the pupil requires additional educational services that are not offered at the community day school, the parent, guardian, or responsible adult of the pupil shall be informed, and that the probation officer relative to a pupil ordered placed in a community day school by court order shall also be informed. The bill would require school districts operating community day schools to ensure that appropriate services and programs, as provided, are provided to certain pupils, as specified. The bill would authorize a school district to require a pupil, with the consent of his or her parent or guardian, to enroll in a county-supported drug rehabilitation program pursuant to a specified provision. (5) This bill would provide a pupil who has been involuntarily enrolled in a county community school or a community day school the right to reenroll in his or her former school or another comprehensive school immediately after being readmitted from an expulsion order or court-ordered placement. The bill would provide that only the governing board of the school district that issued the initial order or subsequent order to expel may extend the duration of an expelled pupil's placement in a county community school or a community day school. (6) Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils. Existing law requires the adopted rules and regulations to require, if a hearing officer or administrative panel decided not to recommend expulsion, the expulsion proceedings to be terminated and the pupil to be immediately reinstated and permitted to return to a classroom instructional program, any other instructional program, a rehabilitation program, or any combination of these programs. This bill would require the adopted rules and regulations to instead require that the pupil be permitted to return only to the classroom instructional program from which the expulsion referral was made, unless a parent, guardian, or responsible adult requests another school placement in writing. The bill would, before the placement decision is made by the parent, guardian, or responsible adult, require the superintendent of schools or the superintendent's designee to consult with school district personnel, including the pupil's teachers, and the parent, guardian, or responsible adult regarding any other school placement options for the pupil in addition to the option to return to his or her classroom instructional program from which the expulsion referral was made. By requiring the governing board of a school district to establish or revise the rules and regulations governing procedures for the expulsion of pupils, the bill would impose a state-mandated local program. (7) 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.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 5 p.m.

  5. Assembly amendments concurred in. (Ayes 26. Noes 11. Page 2293.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 55. Noes 20. Page 3024.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 30).

  11. Set, first hearing. Referred to APPR. suspense file.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (August 14).

  14. Set, first hearing. Hearing canceled at the request of author.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  16. Referred to Com. on ED.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 27. Noes 11. Page 1185.) Ordered to the Assembly.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1019.) (May 23).

  21. Set for hearing May 23.

  22. Placed on APPR. suspense file.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  24. Set for hearing May 20.

  25. Read second time and amended. Re-referred to Com. on APPR.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 788.) (May 1).

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  28. Set for hearing May 1.

  29. Set, second hearing. Hearing canceled at the request of author.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  31. Set for hearing April 17.

  32. Set, first hearing. Hearing canceled at the request of author.

  33. Set for hearing April 10.

  34. Referred to Com. on ED.

  35. Read first time.

  36. From printer. May be acted upon on or after March 25.

  37. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Lara · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Lara

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB744 Lara Concurrence

Passed 26 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231102
Democratic 3000
Total 261102
% of votes cast 67%28%0%5%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Hill — Yea
Huff — Nay
Leno — Yea
Lieu — Yea
Pavley — Yea
Wright — Yea
Emmerson — Nay
Evans — Yea
Correa — Yea
Hernandez — Yea
Liu — Yea
Steinberg — Yea
Torres — Yea
Wyland — Nay
De León — Yea
Fuller — Nay
Cannella — Nay
Hancock — Yea
Hueso — Yea
Knight — Nay
Lara — Yea
Anderson — Nay
Corbett — Yea
Monning — Yea
Nielsen — Nay
Roth — Yea
Vidak — Nay
Walters — Not Voting
Wolk — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 744 Lara Senate Third Reading By BUCHANAN

Passed 55 Yea · 20 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 511703
Democratic 4000
Republican 0300
Total 552003
% of votes cast 71%26%0%4%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Holden — Yea
Levine — Yea
Linder — Not Voting
Maienschein — Nay
Mansoor — Nay
Olsen — Not Voting
Quirk — Yea
Wieckowski — Yea
Conway — Nay
Campos — Yea
Lowenthal — Yea
Frazier — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gatto — Yea
Fong — Yea
Mitchell — Yea
Alejo — Yea
Ammiano — Yea
Chesbro — Yea
Chávez — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
John A. Pérez — Yea
Medina — Yea
Salas — Yea
Mullin — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Nazarian — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Allen — Nay
Chau — Yea
Bigelow — Nay
Donnelly — Nay
Logue — Nay
Melendez — Nay
Morrell — Nay
Nestande — Nay
Wagner — Nay
Waldron — Nay
Wilk — Nay
Fox — Yea
Yamada — Yea
Gorell — Not Voting
Hagman — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11401
Democratic 1000
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bradford — Yea
Harkey — Nay
Holden — Yea
Linder — Not Voting
Pan — Yea
Quirk — Yea
Wagner — Nay
Bocanegra — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Campos — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Weber — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 27 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241101
Democratic 3000
Total 271101
% of votes cast 69%28%0%3%
How each member voted (39)
Member Party Vote
Hernandez — Yea
Hill — Yea
Knight — Nay
Pavley — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Not Voting
Emmerson — Nay
Correa — Yea
Evans — Yea
Cannella — Nay
Hancock — Yea
De León — Yea
Corbett — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Price — Yea
Roth — Yea
Torres — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Fuller — Nay
Wyland — Nay
Huff — Nay
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Walters — Nay
De León — Yea
Steinberg — Yea
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does SB 744 do?
(1) Existing law authorizes a county board of education to establish and maintain one or more community schools into which the county board of education may enroll specified pupils, including, but not limited to, pupils who are expelled for specified reasons, referred as the result of the recommendation by a school attendance review board, probation referred, or homeless children. This bill would revise the list of pupils who may be involuntarily enrolled in a county community school to limit the kind of probation referrals and remove homeless children. The bill, with regard to pupils referred as the result of a recommendation by the school attendance review board, would require that the school district and the county office of education determine that the county community school has space available to enroll the pupil, the pupil's educational needs will be met by the county community school, and that the parent, guardian, or responsible adult does not expressly object to the referral. The bill would require the school attendance review board to include a school option that is geographically accessible, as defined, to the pupil, if the county community school is not geographically accessible, as specified. The bill would also provide that the pupil has the right to return to his or her previous school, or other appropriate school, at the end of the semester following the semester when the acts leading to referral occurred. The bill would allow enrollment of certain other pupils in a county community school with the consent of the pupil's parent, guardian or responsible adult. The bill would authorize, with respect to certain probation referrals to a county community school, certain persons, including the attorney for a pupil who is under the jurisdiction of a delinquency court, to take specified actions related to the enrollment of a pupil in a county community school. (2) Existing law requires a county community school to prescribe an individually planned educational program based on an educational assessment for each pupil. Existing law requires the course of study of a county community school to be adopted by the county board of education to enable each pupil to continue academic work leading to the completion of a regular high school program. This bill would require county boards of education operating county community schools to ensure, among other things, that appropriate services and programs specified in a pupil's individualized education program are provided. (3) Existing law authorizes the governing board of a school district to establish one or more community day schools for pupils in any of kindergarten and grades 1 to 12, inclusive. Existing law authorizes the governing board of a school district to assign a pupil to a community day school only if the pupil meets specified conditions, including, but not limited to, being expelled, being referred by a school attendance review board or other district-level referral process, and being probation referred pursuant to specified law. This bill would revise the list of pupils who may be involuntarily transferred to a community day school to limit the kind of probation referrals. The bill would impose certain conditions on the involuntary transfer of a pupil referred by the school attendance review board or other district-level referral process and would require the school attendance review board or other district-level referral process to include a geographically accessible school option if the community day school is not geographically accessible. The bill would allow enrollment of certain other pupils in a community day school with the consent of the pupil's parent or guardian. The bill would authorize, with respect to certain probation referrals to a community day school, certain persons, including the attorney for a pupil who is under the jurisdiction of a delinquency court, to take specified actions related to the enrollment of a pupil in a community day school. (4) Existing law states the intent of the Legislature that community day schools include specified program components, including, but not limited to, individualized instruction and assessment. This bill would state the intent of the Legislature that, if an individualized assessment shows that the pupil requires additional educational services that are not offered at the community day school, the parent, guardian, or responsible adult of the pupil shall be informed, and that the probation officer relative to a pupil ordered placed in a community day school by court order shall also be informed. The bill would require school districts operating community day schools to ensure that appropriate services and programs, as provided, are provided to certain pupils, as specified. The bill would authorize a school district to require a pupil, with the consent of his or her parent or guardian, to enroll in a county-supported drug rehabilitation program pursuant to a specified provision. (5) This bill would provide a pupil who has been involuntarily enrolled in a county community school or a community day school the right to reenroll in his or her former school or another comprehensive school immediately after being readmitted from an expulsion order or court-ordered placement. The bill would provide that only the governing board of the school district that issued the initial order or subsequent order to expel may extend the duration of an expelled pupil's placement in a county community school or a community day school. (6) Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils. Existing law requires the adopted rules and regulations to require, if a hearing officer or administrative panel decided not to recommend expulsion, the expulsion proceedings to be terminated and the pupil to be immediately reinstated and permitted to return to a classroom instructional program, any other instructional program, a rehabilitation program, or any combination of these programs. This bill would require the adopted rules and regulations to instead require that the pupil be permitted to return only to the classroom instructional program from which the expulsion referral was made, unless a parent, guardian, or responsible adult requests another school placement in writing. The bill would, before the placement decision is made by the parent, guardian, or responsible adult, require the superintendent of schools or the superintendent's designee to consult with school district personnel, including the pupil's teachers, and the parent, guardian, or responsible adult regarding any other school placement options for the pupil in addition to the option to return to his or her classroom instructional program from which the expulsion referral was made. By requiring the governing board of a school district to establish or revise the rules and regulations governing procedures for the expulsion of pupils, the bill would impose a state-mandated local program. (7) 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.
Who sponsors SB 744?
SB 744 is sponsored by Lara.
What is the current status of SB 744?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 744?
Track SB 744 free on One Click Politics — get push/email alerts when it moves.

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