Bill Text: CA AB1012 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pupil instruction: course periods without educational content.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 703, Statutes of 2015. [AB1012 Detail]
Download: California-2015-AB1012-Chaptered.html
BILL NUMBER: AB 1012 CHAPTERED
BILL TEXT
CHAPTER 703
FILED WITH SECRETARY OF STATE OCTOBER 9, 2015
APPROVED BY GOVERNOR OCTOBER 9, 2015
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 9, 2015
AMENDED IN SENATE SEPTEMBER 3, 2015
AMENDED IN SENATE JULY 15, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Jones-Sawyer
(Coauthors: Senators Hall and Mitchell)
FEBRUARY 26, 2015
An act to add Sections 51228.1, 51228.2, and 51228.3 to the
Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 1012, Jones-Sawyer. Pupil instruction: course periods without
educational content.
(1) Existing law establishes a system of public elementary and
secondary education in this state, and requires and authorizes local
educational agencies to provide specified instruction at elementary
and secondary schools. Existing law prescribes various requirements
with respect to a course of study for grades 7 to 12, inclusive, at
these schools.
This bill, commencing with the 2016-17 school year, would prohibit
school districts that maintain any of grades 9 to 12, inclusive,
from assigning a pupil enrolled in any of grades 9 to 12, inclusive,
in a school, as defined to exclude alternative schools, community day
schools, continuation schools, and opportunity schools, in the
school district to any course period without educational content, as
defined, for more than one week in any semester, except under
prescribed conditions. The bill would specifically prohibit school
districts from assigning a pupil enrolled in any of grades 9 to 12,
inclusive, in a school in the school district to a course period
without educational content because there are not sufficient
curricular course offerings for the pupil to take during the relevant
period of the designated schoolday.
The bill would, commencing with the 2016-17 school year, also
prohibit school districts that maintain any of grades 9 to 12,
inclusive, from assigning a pupil enrolled in any of grades 9 to 12,
inclusive, in a school, as defined to exclude alternative schools,
community day schools, continuation schools, and opportunity schools,
in the school district, to a course that the pupil has previously
completed and received a grade determined by the school district to
be sufficient to satisfy the requirements and prerequisites for
admission to the California public institutions of postsecondary
education and the minimum requirements for receiving a diploma of
graduation from high school, except under specified conditions.
The bill would specify that it is not to be interpreted to limit
or otherwise affect the authority of a school district to authorize
dual enrollment in community college or to provide evening high
school programs, independent study programs, or work-based learning
or work experience education.
The bill would specify procedures to be followed if a complaint of
noncompliance with the requirements of the bill is filed with a
local educational agency or if an appeal of the local educational
agency's decision on the complaint is made to the State Department of
Education. The bill would require the Superintendent of Public
Instruction to prepare an annual report detailing actions taken
pursuant to these procedures.
The bill would require the Superintendent to develop regulations
for adoption by the State Board of Education governing these
provisions.
To the extent that this bill would create new duties for local
educational agencies, it would constitute a state-mandated local
program.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51228.1 is added to the Education Code, to
read:
51228.1. (a) Commencing with the 2016-17 school year, except as
provided in subdivision (e), a school district maintaining any of
grades 9 to 12, inclusive, shall not assign a pupil enrolled in any
of grades 9 to 12, inclusive, in a school in the school district to
any course period without educational content for more than one week
in any semester, unless all of the following conditions are
satisfied:
(1) A pupil is assigned to that course only if the pupil or, for a
pupil who has not reached the age of majority, the pupil's parent,
guardian, or educational rights holder has consented in writing to
the assignment.
(2) A school official has determined that the pupil will benefit
from being assigned to the course period.
(3) The principal or assistant principal of the school has stated
in a written document maintained at the school that, for the relevant
school year, no pupils are assigned to those classes unless the
school has met the conditions specified in paragraphs (1) and (2).
(b) Under no circumstances shall a school district assign a pupil
enrolled in any of grades 9 to 12, inclusive, in a school in the
school district to a course period without educational content
because there are not sufficient curricular course offerings for the
pupil to take during the relevant period of the designated schoolday.
(c) For purposes of this section, "course period without
educational content" is defined as one course period during which any
of the following occurs:
(1) The pupil is sent home or released from campus before the
conclusion of the designated schoolday.
(2) The pupil is assigned to a service, instructional work
experience, or to an otherwise named course in which the pupil is
assigned to assist a certificated employee, but not expected to
complete curricular assignments, in a course the certificated
employee is teaching during that period and where the ratio of
certificated employees to pupils assigned to the course for
curricular purposes is less than one to one.
(3) The pupil is not assigned to any course for the relevant
course period.
(d) Nothing in this section shall be interpreted to limit or
otherwise affect the authority of a school district to authorize dual
enrollment in community college, as provided for in Chapter 5
(commencing with Section 48800) of Part 27, to establish and maintain
evening high school programs, as provided for in Article 3
(commencing with Section 51720) of Chapter 5, to offer independent
study, as provided for in Article 5.5 (commencing with Section 51745)
of Chapter 5, to provide courses of work-based learning or work
experience education, as provided for in Article 7 (commencing with
Section 51760) of Chapter 5, or to offer any class or course of
instruction authorized under Chapter 5 (commencing with Section
51700), if the program otherwise meets all of the requirements of law
governing that program.
(e) This section shall not apply to a pupil enrolled in any of the
following:
(1) An alternative school.
(2) A community day school.
(3) A continuation high school.
(4) An opportunity school.
(f) The Superintendent shall develop regulations for adoption by
the state board to establish procedures governing this section,
including the form of the written statement required pursuant to
subdivision (a).
SEC. 2. Section 51228.2 is added to the Education Code, to read:
51228.2. (a) Commencing with the 2016-17 school year, except as
provided in subdivision (d), a school district maintaining any of
grades 9 to 12, inclusive, shall not assign a pupil enrolled in any
of grades 9 to 12, inclusive, in a school in the school district to a
course that the pupil has previously completed and received a grade
determined by the school district to be sufficient to satisfy the
requirements and prerequisites for admission to the California public
institutions of postsecondary education and the minimum requirements
for receiving a diploma of graduation from high school established
in this article, unless either of the following applies:
(1) The course has been designed to be taken more than once
because pupils are exposed to a new curriculum year to year and are
therefore expected to derive educational value from taking the course
again.
(2) For any course that has not been designed to be taken more
than once, all of the following conditions are satisfied:
(A) A pupil is assigned to the course only if the pupil or, for a
pupil who has not reached the age of majority, the pupil's parent,
guardian, or educational rights holder has consented in writing to
the assignment for the purpose of improving a lower grade.
(B) A school official has determined that the pupil will benefit
from being assigned to the course period.
(C) The principal or assistant principal of the school has stated
in a written document to be maintained at the school that, for the
relevant school year, no pupils are assigned to those classes unless
the school has met the conditions specified in subparagraphs (A) and
(B).
(b) Under no circumstances shall a school district assign a pupil
enrolled in any of grades 9 to 12, inclusive, in a school in the
school district to a course that the pupil has previously completed
and received a grade determined by the school district to be
sufficient to satisfy the requirements and prerequisites for
admission to the California public institutions of postsecondary
education and the minimum requirements for receiving a diploma of
graduation from high school established in this article because there
are not sufficient curricular course offerings for the pupil to take
during the relevant period of the designated schoolday.
(c) Nothing in this section shall be interpreted to limit or
otherwise affect the authority of a school district to authorize dual
enrollment in community college, as provided for in Chapter 5
(commencing with Section 48800) of Part 27, to establish and maintain
evening high school programs, as provided for in Article 3
(commencing with Section 51720) of Chapter 5, to offer independent
study, as provided for in Article 5.5 (commencing with Section 51745)
of Chapter 5, to provide courses of work-based learning or work
experience education, as provided for in Article 7 (commencing with
Section 51760) of Chapter 5, or to offer any class or course of
instruction authorized under Chapter 5 (commencing with Section
51700), if the program otherwise meets all of the requirements of law
governing that program.
(d) This section shall not apply to a pupil enrolled in any of the
following:
(1) An alternative school.
(2) A community day school.
(3) A continuation high school.
(4) An opportunity school.
(e) The Superintendent shall develop regulations for adoption by
the state board to establish procedures governing this section,
including the form of the written statement required pursuant to
subdivision (a).
SEC. 3. Section 51228.3 is added to the Education Code, to read:
51228.3. (a) A complaint of noncompliance with the requirements
of Section 51228.1 or 51228.2 may be filed with the local educational
agency under the Uniform Complaint Procedures set forth in Chapter
5.1 (commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations.
(b) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Division 1 of Title 5 of the
California Code of Regulations, and shall receive a decision
regarding the appeal within 60 days of the department's receipt of
the appeal.
(c) If a local educational agency finds merit in a complaint filed
pursuant to subdivision (a), or the Superintendent finds merit in an
appeal made pursuant to subdivision (b), the local educational
agency shall provide a remedy to the affected pupil.
(d) The Superintendent shall prepare an annual report detailing
actions taken pursuant to this section. By January 1 of each year,
the Superintendent shall submit the report to the appropriate fiscal
and policy committees of the Legislature.
(e) The Superintendent shall have all power and authority
necessary to effectuate the requirements of this section. The
Superintendent shall develop regulations for adoption by the state
board that set forth the procedures governing this section.
SEC. 4. 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.
