Bill Text: CA AB2668 | 2017-2018 | Regular Session | Amended

California Assembly Bill 2668 (Prior Session Legislation)

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

Bill Title: Pupil immunizations: pupils not immunized.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-05 - Re-referred to Com. on HEALTH. pursuant to Assembly Rule 96. [AB2668 Detail]

Download: California-2017-AB2668-Amended.html

Amended IN Assembly March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2668

Introduced by Assembly Member Travis Allen

February 15, 2018

~~An act to amend Section 38000 of the Health and Safety Code, relating to health and human services.~~ An act to amend Section 51747.3 of, and to add Section 51745.5 to, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL'S DIGEST

AB 2668, as amended, Travis Allen. ~~Health and human services: direct service contracts.~~ Pupil instruction: independent study programs: pupils not immunized.

Under existing law, each person between 6 and 18 years of age 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 authorizes a school district, county office of education, or charter school to offer independent study courses to pupils in accordance with prescribed conditions, including, among others, that the courses are annually certified to be of the same rigor and educational quality as equivalent classroom-based courses.
Existing law prohibits the governing authority of a private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center from unconditionally admitting any person as a pupil of one of those institutions, unless, before his or her admission to that institution, he or she has been fully immunized against various diseases. Existing law exempts pupils in a home-based private school and pupils enrolled in an independent study program and who do not receive classroom-based instruction from that prohibition.
This bill would authorize a pupil who does not meet those immunization requirements to enroll in an independent study program that does not require classroom-based instruction and that is outside of the geographic boundaries of the school district or county in which the pupil resides if the school district or county office of education of residence, or a charter school within the geographic boundaries of the school district or county of residence, does not offer an independent study program that does not require classroom-based instruction.
Existing law provides that community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.
This bill would additionally authorize independent study average daily attendance to be claimed for pupils who do not meet those residency requirements and who are enrolled in the school district, county office of education, or charter school pursuant to the bill’s authorization for a pupil who is not fully immunized to enroll in an independent study program that is outside of the geographic boundaries of the pupil’s school district or county of residence.
Existing law states that it is the intent of the Legislature, with respect to direct service contracts of the departments within the California Health and Human Services Agency, that the contract approval process and payment for services rendered occur within specified timeframes.
~~This bill would make technical, nonsubstantive changes to those provisions.~~

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

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

SECTION 1.

Section 51745.5 is added to the Education Code, to read:

51745.5.
Notwithstanding any other law, a pupil who does not meet the immunization requirements of Section 120335 of the Health and Safety Code may enroll in an independent study program that does not require classroom-based instruction and that is outside of the geographic boundaries of the school district or county in which the pupil resides if the school district or county office of education of residence, or a charter school within the geographic boundaries of the school district or county of residence, does not offer an independent study program that does not require classroom-based instruction.

SEC. 2.

Section 51747.3 of the Education Code is amended to read:

51747.3.

(a) Notwithstanding any other law, a local educational agency, including, but not limited to, a charter school, may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the local educational agency has provided any funds or other thing of value to the pupil or his or her parent or guardian that the local educational agency does not provide to pupils who attend regular classes or to their parents or guardians. A charter school may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the charter school has provided any funds or other thing of value to the pupil or his or her parent or guardian that a school district could not legally provide to a similarly situated pupil of the school district, or to his or her parent or guardian.

(b) (1) Notwithstanding paragraph (1) of subdivision (d) of Section 47605 or any other law, and except as specified in paragraph (2), community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported.

(2) In addition to claiming independent study average daily attendance pursuant to paragraph (1), a school district, county office of education, or charter school may also claim independent study average daily attendance for a pupil who does not meet the residency requirements of paragraph (1) and who is enrolled in the school district, county office of education, or charter school pursuant to Section 51745.5.

(c) The Superintendent shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (b) of Section 48204.

(d) In conformity with Provisions 25 and 28 of Item 6110–101–001 of Section 2.00 of the Budget Act of 1992, this section is applicable to average daily attendance reported for apportionment purposes beginning July 1, 1992. The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600).

(e) This section shall become operative on January 1, 2018.

SECTION 1.Section 38000 of the Health and Safety Code is amended to read:
38000.
~~The Legislature states its intent with respect to direct service contracts of the departments within the California Health and Human Services Agency as follows:~~
~~(a)The contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.~~
~~(b)Payment for services rendered shall take no longer than 30 days after an invoice has been approved by the responsible department.~~
(c)If contract approval or payment or both are delayed, the state shall notify community-based agencies within 15 days with instructions to either defer or interrupt services to be contracted. If the state requests an agency to continue providing services, conditions shall be mutually agreed upon in advance for amortization of particular additional costs to the agency involved.