California 2015-2016 Regular Session Status: Passed Senate

SB 1309 — Pupil discipline: expulsion hearings: county schools.

Last action — August 11 hearing. Held in committee and under submission.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils including, but not limited to, an expulsion hearing and a right to appeal. Existing law requires the county superintendent of schools in counties that operate community schools, in conjunction with superintendents of the school districts within the county, to develop a plan for providing education services to all expelled pupils in that county. This bill would prohibit a school operated by a county office of education from expelling a pupil accused of certain offenses unless the county board of education contracts with the Office of Administrative Hearings or appoints an impartial administrative panel for purposes of an expulsion hearing, as specified. The bill would require that the pupil or the pupil's parent or guardian be provided with notice of the hearing, as specified. The bill would authorize a pupil expelled from a school operated by a county office of education to appeal the hearing officer's or the impartial administrative panel's decision to expel to the county board of education. The bill would require the county superintendent of schools or his or her designee, if the county board of education upholds an expulsion, to provide a written notice of the decision to expel, as specified. The bill would also require the plan for providing education services to all expelled pupils in a county that operates one or more community schools to include pupils expelled by the county board of education. By imposing new duties upon county boards of education, 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.

Bill Text

Action History

  1. August 11 hearing. Held in committee and under submission.

  2. August 3 set for first hearing. Placed on APPR. suspense file.

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

  4. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 22).

  5. Referred to Com. on ED.

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

  7. Read third time. Passed. (Ayes 39. Noes 0. Page 4035.) Ordered to the Assembly.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0. Page 4007.) (May 27).

  10. Set for hearing May 27.

  11. May 16 hearing: Placed on APPR. suspense file.

  12. Set for hearing May 16.

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

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3607.) (April 20).

  15. Set for hearing April 20.

  16. Re-referred to Com. on ED.

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

  18. Referred to Com. on RLS.

  19. Read first time.

  20. From printer. May be acted upon on or after March 23.

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

Sponsors

  • Leyva · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Leyva

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

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Leyva — Yea
Morrell — Yea
Pavley — Yea
Vidak — Yea
Wieckowski — Yea
Galgiani — Yea
Fuller — Yea
Cannella — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Allen — Yea
Hertzberg — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Runner — Not Voting
Beall — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Lara — Yea
Nielsen — Yea
Hill — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does SB 1309 do?
Existing law requires the governing board of each school district to establish rules and regulations governing procedures for the expulsion of pupils including, but not limited to, an expulsion hearing and a right to appeal. Existing law requires the county superintendent of schools in counties that operate community schools, in conjunction with superintendents of the school districts within the county, to develop a plan for providing education services to all expelled pupils in that county. This bill would prohibit a school operated by a county office of education from expelling a pupil accused of certain offenses unless the county board of education contracts with the Office of Administrative Hearings or appoints an impartial administrative panel for purposes of an expulsion hearing, as specified. The bill would require that the pupil or the pupil's parent or guardian be provided with notice of the hearing, as specified. The bill would authorize a pupil expelled from a school operated by a county office of education to appeal the hearing officer's or the impartial administrative panel's decision to expel to the county board of education. The bill would require the county superintendent of schools or his or her designee, if the county board of education upholds an expulsion, to provide a written notice of the decision to expel, as specified. The bill would also require the plan for providing education services to all expelled pupils in a county that operates one or more community schools to include pupils expelled by the county board of education. By imposing new duties upon county boards of education, 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.
Who sponsors SB 1309?
SB 1309 is sponsored by Leyva.
What is the current status of SB 1309?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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 1309?
Track SB 1309 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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