Amended  IN  Assembly  April 02, 2018
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 51747.3 of, and to add Section 51745.5 to, the Education Code, and to amend Sections 120335 and 120338 of, and to add Section 120336 to, the Health and Safety Code, relating to pupil instruction. immunizations, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2668, as amended, Travis Allen. Pupil instruction: independent study programs: immunizations: 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 delete private institutions, including private elementary and secondary schools, child care centers, day nurseries, nursery schools, family day care homes, and development centers, from these immunization requirements, thereby allowing pupils who do not meet those immunization requirements to enroll in those institutions. The bill would require the State Department of Education to award a grant, as prescribed, to a parent or guardian of a child who would otherwise be eligible to attend a public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, except for the child not meeting those immunization requirements, to fund the child’s attendance at a private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center. The bill would continuously appropriate from the General Fund to the department the amount required to award those grants.
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.
This bill would provide that its provisions are severable.
Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   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.

SEC. 3.

 Section 120335 of the Health and Safety Code is amended to read:

120335.
 (a) As used in this chapter, “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution.
(b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to before his or her first admission to that public institution, he or she has been fully immunized. The following are the diseases for which immunizations shall be documented:
(1) Diphtheria.
(2) Haemophilus influenzae type b.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians.
(c) Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade 7 level of any private or public elementary or secondary school.
(d) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade 7 level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age.
(e) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered.
(f) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code and does not receive classroom-based instruction.
(g) This section does not apply to a private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center.

(g)

(h) (1) A pupil who, prior to before January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span.
(2) For purposes of this subdivision, “grade span” means each of the following:
(A) Birth to preschool.
(B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten.
(C) Grades 7 to 12, inclusive.
(3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th the grade 7 level, unless the pupil has been immunized for his or her age as required by this section.

(h)

(i) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program.

SEC. 4.

 Section 120336 is added to the Health and Safety Code, to read:

120336.
 (a) The parent or guardian of a child who would otherwise be eligible to attend a public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, except for the child not meeting the immunization requirements of Section 120335, may apply to the State Department of Education for a grant to fund the child’s attendance at a private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, as applicable.
(b) The State Department of Education shall determine the amount it would cost the state for a child of each applicable age level to attend a public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, and shall set that amount as the grant amount for a child of that age level to attend a private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center.
(c) The State Department of Education shall award a grant to a parent or guardian that applies for a grant pursuant to subdivision (a) and that demonstrates that his or her child does not meet the immunization requirements of Section 120335.
(d) Notwithstanding Section 13340 of the Government Code, the amount required to award grants pursuant to this section is hereby continuously appropriated from the General Fund to the State Department of Education to award grants to parents and guardians as described in this section.

SEC. 5.

 Section 120338 of the Health and Safety Code is amended to read:

120338.
 Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section 120325 or paragraph (11) of subdivision (b) of Section 120335, may be mandated before a pupil’s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs.

SEC. 6.

 The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.