Bill Text: CA AB2109 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupils: pupils with a temporary disability: individual instruction: pupils who are terminally ill: honorary diplomas.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-08-20 - Chaptered by Secretary of State - Chapter 167, Statutes of 2018. [AB2109 Detail]

Download: California-2017-AB2109-Amended.html

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Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2109

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Introduced by Assembly Member O’Donnell

February 08, 2018

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An act to amend Section 48208 of the Education Code, relating to pupil enrollment. Sections 48206.3, 48207, 48208, and 51225.5 of, to add Sections 48207.3 and 48207.5 to, and to repeal Section 48206.5 of, the Education Code, relating to pupils.

LEGISLATIVE COUNSEL'S DIGEST

AB 2109, as amended, O’Donnell. Pupil enrollment: pupils with a temporary disability: individualized instruction. Pupils: pupils with a temporary disability: individual instruction: pupils who are terminally ill: honorary diplomas.

(1) Existing law requires a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable to receive individual instruction provided by the school district in which the pupil is deemed to reside. Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupil’s parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.

This bill would authorize a school district or charter school to continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to the pupil, as provided.

The bill would require a school district or charter school to allow a pupil receiving individual instruction who is well enough to return to a school to be allowed to return to the school that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated. The bill would also entitle a pupil who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupil’s home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so. To the extent this bill would impose additional requirements on school districts and charter schools, the bill would impose a state-mandated local program.

(2) Existing law authorizes the governing board of a school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.

This bill would also authorize the governing board of a school district maintaining a high school to confer an honorary high school diploma upon a pupil who is terminally ill.

(3) This bill would also delete obsolete provisions and make clarifying and conforming changes.

(4) 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 the statutory provisions noted above.

Under existing law, each person between the ages of 6 and 18 years who is not otherwise exempt is subject to compulsory full-time education. Existing law requires each person subject to compulsory full-time education to attend the public full-time day school in which the residency of either the parent or legal guardian is located, except as specified.

Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the pupil’s parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. Existing law requires that it is the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside of the pupil’s presence in a qualifying hospital.

This bill would make nonsubstantive changes to the latter provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 48206.3 of the Education Code is amended to read:

48206.3.

 (a) Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a A pupil with a temporary disability which that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the school district in which the pupil is deemed to reside.

(b) For purposes of this section and Sections 48206.5, 48207, 48207.3, 48207.5, and 48208, the following terms have the following meanings:

(1) “Individual instruction” means instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the State Board of Education. state board.

(2) “Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. program. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.

(c) (1) For purposes of computing average daily attendance pursuant to Section 42238.5, 42238.05, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.

(2) No pupil shall be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the school district in any fiscal year.

(d) Notice of the availability of individualized individual instruction shall be given pursuant to Section 48980. 48980, and shall include information regarding a pupil’s eligibility for, and the duration of, individual instruction.

SEC. 2.

 Section 48206.5 of the Education Code is repealed.

48206.5.

Any school district which, prior to January 1, 1986, maintained a program to provide individual instruction to pupils enrolled in regular day classes or an alternative education program offered by the district who have a temporary disability may continue the program as it existed prior to January 1, 1986.

SEC. 3.

 Section 48207 of the Education Code is amended to read:

48207.

 (a) Notwithstanding Section 48200, a pupil with a temporary disability disability, who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the pupil’s parent or guardian resides resides, shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.

(b) Notwithstanding any other law, a school district or charter school may continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a pupil who is receiving individual instruction in a hospital or other residential health facility, for fewer than five days of instruction per week, or the equivalent, as described in subdivision (c) of Section 48206.3.

(c) (1) A pupil with a temporary disability who remains enrolled in a school district other than the school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district or charter school of enrollment for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is in attendance in that school district or charter school.

(2) A pupil with a temporary disability who remains enrolled in a school district other than the school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is receiving individual instruction in a hospital or other residential health facility.

(d) The total attendance counted for purposes of computing average daily attendance pursuant to Section 42238.05 for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, shall not exceed five days per week, or the equivalent, as described in subdivision (c) of Section 48206.3.

(e) For days during which a pupil who remains enrolled in a school district or charter school pursuant to this section is receiving instruction in a hospital or other residential health facility, the pupil shall not be considered absent by the school district or charter school and the pupil’s parent or guardian shall not be referred to a school attendance review board.

SEC. 4.

 Section 48207.3 is added to the Education Code, to read:

48207.3.

 (a) A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated.

(b) A pupil who attends a school operated by a school district or a charter school, who is subsequently enrolled in individual instruction in a hospital or other residential health facility for a partial week, shall be entitled to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupil’s home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so.

SEC. 5.

 Section 48207.5 is added to the Education Code, to read:

48207.5.

 Individual instruction in a pupil’s home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that the pupil shall receive this instruction.

SECTION 1.SEC. 6.

 Section 48208 of the Education Code is amended to read:

48208.

 (a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital.

(b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:

(1) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized individual instruction, and, if the determination is positive, when the individualized individual instruction may commence. Individualized Individual instruction shall commence no later than five working days after a positive determination has been rendered.

(2) Provide the pupil with individualized individual instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program to have the school district the pupil previously attended provide the pupil with individualized individual instruction pursuant to Section 48206.3.

(3) Within five working days of the commencement of individualized individual instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, 42238.05, effective the date on which individualized individual instruction commenced. commenced, except as provided in Section 48207.

SEC. 7.

 Section 51225.5 of the Education Code is amended to read:

51225.5.

 (a) (1) The governing board of any a school district maintaining a high school may confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state. Honorary high school diplomas awarded pursuant to this section shall be clearly distinguishable from the regular diplomas of graduation awarded by the district.

(2) The governing board of a school district maintaining a high school may confer an honorary high school diploma upon a pupil who is terminally ill.

(b) An honorary high school diploma awarded pursuant to this section shall be clearly distinguishable from the regular diploma of graduation awarded by the school district.

SEC. 8.

 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.