Existing law requires that charter school petitions include a clear statement of the notice they must provide to parents and guardians to the involuntary removal of a pupil. This bill expands the definition of parent and guardian to include a homeless child’s educational rights holder, the foster child’s educational rights holder, the attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker. The bill requires that notice of the intent to suspend be provided in the native language of the homeless or foster child’s educational rights holder and be provided to the foster child’s attorney and county social worker. For a pupil who is an Indian child as defined in section 224.1 of the Welfare and Institutions Code, the notice must be provided to the Indian child’s tribal social worker and, if applicable, the county social workers. The notice must also inform the homeless child’s educational rights holder, the foster child’s educational rights holder, the attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, the county social worker of their rights. These same individuals must also receive any notice of suspension, expulsion, manifestation determination notice, and other documents and related information.
Existing law requires the governing board of each high school or unified school district that assigns pupils to a continuation school to adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools including establishing specific notice requirements prior to the involuntary transfer. Under existing law, a pupil’s parent or guardian must receive written notice of their rights prior to an involuntary transfer. AB 740 amends existing law to require the notice of rights prior to an involuntary transfer and the written decision to transfer a foster child, be given to the foster child’s education rights holder, attorney, and county social worker, or, if the pupil is an Indian child, the Indian child’s tribal social worker and, if applicable, county social worker. The bill also entitles these individuals to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information.
The bill also amends existing law to require that notice of a proposed change in placement be given to the pupil’s educational rights holder, attorney, and county social worker if the pupil is a foster child with exceptional needs. If the pupil is an Indian child, notice must be given to the tribal social worker and, if applicable, the county social worker.
Finally, AB 740 amends existing law to require the governing board of a school district to provide notice of their decision to expel a foster child to the pupil’s educational rights holder, attorney, and county social worker. The bill also requires the governing board of a school district that recommends the expulsion of a homeless child or youth, to provide notice of the expulsion hearing to the pupil’s local educational agency liaison for homeless children and youth. Finally, if the expulsion involves an Indian child, the governing board of the school district must provide notice of the expulsion hearing to the pupil’s tribal social worker and, if applicable, the county social worker.
(AB 740 amends Sections 47605, 47605.6, 48432.5, 48853.5, 48911, 48915.5, and 48918.1 of the Education Code.)
