Fact Sheet: SB 433
Senator Carol Liu
Charter Schools – Student Expulsion
February 16, 2011
This bill requires charter schools to follow state law relating to the suspension or expulsion of students.
Students expelled from charter schools can be sent to public school districts to complete their education. Public school officials, however, often receive no information about the disciplinary process or even the reason for the expulsion. This bill will help public school officials assist these students and will increase safety for other students and school personnel.
The Los Angeles Unified School District has 60,634 students enrolled in 153 independent charter schools.
If a charter school expels a student, the charter must follow procedures that comply with legal requirements, including safeguarding the student’s fundamental right to an education.
A number of students have been referred back to LAUSD before they have been expelled by their charter school. In addition, in a number of cases, the charter school has expelled students and failed to notify the District of the expulsion. Both of these situations present serious questions concerning existing state law and students’ due process rights.
SB 433 simply inserts “charter schools” within the definition of school, school day, governing board and principal under Education Code Section 48925.
This Code section currently applies to all public schools but not charter schools. The section ensures the level of due process necessary when considering the removal of a student from their educational program. In addition to providing statutory grounds for expulsion that are clear, consistent, and compliant with federal requirements, this section also clarifies notice requirements, expulsion hearing procedures and rights, readmission requirements, and the opportunity to appeal an expulsion hearing to an impartial hearing body.
SB 433 levels the playing field for all students, whether they attend a charter school or not, and provides equal footing when it comes to suspension and expulsion procedures.
Los Angeles Unified School District.