Bill Text: CA AB2684 | 2013-2014 | Regular Session | Amended
Bill Title: Pupil attendance: service on precinct board.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2684 Detail]
Download: California-2013-AB2684-Amended.html
BILL NUMBER: AB 2684 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN ASSEMBLY MAY 27, 2014
AMENDED IN ASSEMBLY MARCH 27, 2014
INTRODUCED BY Assembly Member Stone
(Coauthors: Assembly Members Cooley and Fong)
(Coauthor: Senator Evans)
FEBRUARY 21, 2014
An act to add Section 1120.5 to the Fish and Game Code,
relating to fish. amend Sections 46300 and 48205 of
the Education Code, relating to pupil attendance, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2684, as amended, Stone. Hatchery practices: salmon
and steelhead. Pupil attendance: service on precinct
board.
Existing law authorizes a pupil to be excused from school for
specified reasons, including for the purpose of serving as a member
of a precinct board for an election. Existing law provides that
excused absence for those specified reasons are, nevertheless,
absences for the purpose of computing average daily attendance and do
not generate state apportionment payments. Existing law also
requires that the attendance of pupils participating in independent
study for 5 or more consecutive days, as specified, be included in
computing the average daily attendance of the school district.
This bill would specify that, for the purpose of computing average
daily attendance for pupils in independent study, a pupil serving as
a member of a precinct board for an election shall not be required
to participate in that activity for 5 or more consecutive days if
specified requirements are met, and would specify that an absence for
those reasons shall not be considered an absence for purposes of
generating state apportionment payments.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law requires the Fish and Game Commission to establish
fish hatcheries for stocking the waters of California with fish and
requires the Department of Fish and Wildlife to maintain and operate
such hatcheries. Existing law also authorizes county boards of
supervisors to establish and maintain fish hatcheries and authorizes
the commission to issue permits to nonprofit organizations to
construct and operate anadromous fish hatcheries.
This bill would require the department to implement specified
policies and practices for hatchery chinook salmon reared or released
in California waters, including a requirement that hatchery chinook
salmon released in California waters be externally marked on the top
fin in a percentage to be determined by the department and that
hatchery chinook salmon be coded-wire tagged in a percentage to be
determined by the department prior to their release. The bill would
provide that any contract between the department and an entity
responsible for funding a mitigation hatchery operated by the
department shall require the responsible entity to pay the costs of
coded-wire tagging hatchery chinook salmon to the extent the payment
is consistent with the federal license requiring the responsible
entity to fund the operation of the mitigation hatchery.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 46300 of the
Education Code is amended to read:
46300. (a) In computing average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities required
of those pupils and under the immediate supervision and control of
an employee of the school district or county office
of education who possessed a valid certification document,
registered as required by law.
(b) (1) For purposes of a work experience education program in a
secondary school that meets the standards of the California State
Plan for Career Technical Education, "immediate supervision," in the
context of off-campus work training stations, means pupil
participation in on-the-job training as outlined under a training
agreement, coordinated by the school district under a state-approved
plan, wherein the employer and certificated school personnel share
the responsibility for on-the-job supervision.
(2) The pupil-teacher ratio in a work experience program shall not
exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant to
Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2 under criteria developed by the state board.
(3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day, and
shall be a full-time pupil enrolled in regular classes that meet the
requirements of Section 46141 or 46144.
(c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, "immediate supervision" means that the person to whom
the pupil is required to report for training, counseling, tutoring,
or other prescribed activity shares the responsibility for the
supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.
(2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.
(d) (1) For purposes of computing the average daily attendance of
pupils engaged in the educational activities required of high school
pupils who are also enrolled in a regional occupational center or
regional occupational program, the school district shall receive
proportional average daily attendance credit for those educational
activities that are less than the minimum schoolday, pursuant to
regulations adopted by the state board; however, none of that
attendance shall be counted for purposes of computing attendance
pursuant to Section 52324.
(2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.
(3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant to
Section 52316, the divisor is 180.
(4) Notwithstanding any other provision of law,
travel time of pupils to attend a regional occupational center or
regional occupational program shall not be used in any manner in the
computation of average daily attendance.
(e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 for five or
more consecutive schooldays.
(2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.
(3) For purposes of this subdivision, a pupil serving as a member
of a precinct board for an election pursuant to Section 12302 of the
Elections Code consistent with subdivision (a) of Section 51745 shall
not be required to participate in that activity for five or more
consecutive schooldays if the pupil absent from school under this
paragraph is required to do both of the following:
(A) Complete all assignments and tests missed during the absence.
The teacher of any class from which a pupil is absent shall ensure
that the assignments and tests are reasonably equivalent, but not
necessarily identical, to the assignments and tests that the pupil
missed during the absence.
(B) Complete a report or written assignment on the subject of the
activities engaged in by the pupil while serving as a member of a
precinct board for an election pursuant to Section 12302 of the
Elections Code. The teacher of any class from which a pupil is absent
shall ensure that the report or written assignment is submitted
within a reasonable time after the activities are completed.
(f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
"immediate supervision" means pupil participation in paid and unpaid
on-the-job experiences, as outlined under a training agreement and
individualized training plans wherein the supervisor of the training
site and certificated school personnel share the responsibility for
the supervision of on-the-job experiences.
(g) (1) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:
(A) The school district has on file for each of those pupils an
agreement made pursuant to Section 48011, approved in form and
content by the department and signed by the pupil's parent or
guardian, that the pupil may continue in kindergarten for not more
than one additional school year.
(B) The pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.
(2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten.
SEC. 2. Section 48205 of the Education
Code is amended to read:
48205. (a) Notwithstanding Section 48200, a pupil shall be
excused from school when the absence is:
(1) Due to his or her illness.
(2) Due to quarantine under the direction of a county or city
health officer.
(3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.
(5) For the purpose of jury duty in the manner provided for by
law.
(6) Due to the illness or medical appointment during school hours
of a child of whom the pupil is the custodial parent.
(7) For justifiable personal reasons, including, but not limited
to, an appearance in court, attendance at a funeral service,
observance of a holiday or ceremony of his or her religion,
attendance at religious retreats, attendance at an employment
conference, or attendance at an educational conference on the
legislative or judicial process offered by a nonprofit organization
when the pupil's absence is requested in writing by the parent or
guardian and approved by the principal or a designated representative
pursuant to uniform standards established by the governing board.
(8) For the purpose of serving as a member of a precinct board for
an election pursuant to Section 12302 of the Elections Code.
(9) For the purpose of spending time with a member of the pupil's
immediate family, who is an active duty member of the uniformed
services, as defined in Section 49701, and has been called to duty
for, is on leave from, or has immediately returned from, deployment
to a combat zone or combat support position. Absences granted
pursuant to this paragraph shall be granted for a period of time to
be determined at the discretion of the superintendent of the school
district.
(b) A pupil absent from school under this section shall be allowed
to complete all assignments and tests missed during the absence that
can be reasonably provided and, upon satisfactory completion within
a reasonable period of time, shall be given full credit therefor. The
teacher of the class from which a pupil is absent shall determine
which tests and assignments shall be reasonably equivalent to, but
not necessarily identical to, the tests and assignments that the
pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.
(d) Absences pursuant to this section are deemed to be absences in
computing average daily attendance and shall not generate state
apportionment payments. payments, except for
a pupil serving as a member of a precinct board for an election in
accordance with paragraph (3) of subdivision (e) of Section 46300.
(e) "Immediate family," as used in this section, has the same
meaning as set forth in Section 45194, except that references
therein in that section to "employee"
shall be deemed to be references to "pupil."
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order for the changes proposed by this act to take effect in
time for pupils to participate in the November 4, 2014, statewide
general election, it is necessary that this act take effect
immediately.
SECTION 1. Section 1120.5 is added to the Fish
and Game Code, to read:
1120.5. (a) The department shall implement policies and practices
for hatchery chinook salmon reared or released in California waters
by adopting all of the following:
(1) Hatchery practices that improve the survival and fitness of
the hatchery population.
(2) Hatchery practices that reduce the genetic and ecological
risks posed by hatchery juveniles and adults to wild and native
populations.
(3) A requirement that hatchery chinook salmon released in
California waters be externally marked on the top fin in a percentage
to be determined by the department and that hatchery chinook salmon
be coded-wire tagged in a percentage to be determined by the
department prior to their release.
(b) Any contract between the department and an entity responsible
for funding a mitigation hatchery operated by the department shall
require the responsible entity to pay the costs incurred pursuant to
paragraph (3) of subdivision (a) to the extent the payment is
consistent with the federal license requiring the responsible entity
to fund the operation of the mitigation hatchery.
