Bill Text: CA AB3120 | 2019-2020 | Regular Session | Amended

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Bill Title: Pupil instruction: instructional time requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on ED. [AB3120 Detail]

Download: California-2019-AB3120-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3120

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Introduced by Assembly Member O’Donnell

February 21, 2020

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An act to amend Section 4850 of the Labor Sections 41420, 41422, 46200, 46200.5, 46206 and 46208 of, and to add Section 46206.5 to, the Education Code, relating to workers’ compensation. pupil instruction.

LEGISLATIVE COUNSEL'S DIGEST

AB 3120, as amended, O’Donnell. Workers’ compensation: leave of absence while disabled. Pupil instruction: instructional time requirements.

Existing law requires a school district, other than one newly formed, to maintain the regular school days of the district for at least 175 days to receive any apportionment based on average daily attendance from the State School Fund, and imposes penalties for failing to maintain that requirement, except as specified. Existing law authorizes a school district, county office of education, or charter school to reduce the equivalent of up to 5 days of instruction or the equivalent number of instructional minutes in certain circumstances without incurring fiscal penalties. Existing law authorizes local educational agencies that are prevented by fire, flood, earthquake, epidemic, or order of a military officer in certain circumstances to receive as their apportionment an estimated amount intended to equal what the amount would have been absent the events that prevented the schools from opening.

Existing law requires the withholding of apportionments and the imposition of fiscal penalties for school districts and county offices of education that fail to comply with the requirements for at least a minimum number of days of instruction in a school year.

This bill would make a local educational agency, as defined to include a school district, county office of education, and charter school, exempt from these provisions if it adds instructional minutes to existing instructional days in compliance with a specified procedure or if the local educational agency can demonstrate that it could not meet the instructional day requirements due to specified circumstances.

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, that generally requires employers to secure the payment of workers’ compensation for injuries incurred by their employees that arise out of and in the course of their employment. Existing law entitles certain peace officers, firefighters, and other specified state and local public employees to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of their duties. Existing law provides that a leave of absence under those provisions is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers’ compensation system.

This bill would make technical, nonsubstantive changes to those provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 41420 of the Education Code is amended to read:

41420.

 (a) No A school district, other than one newly formed, shall, shall not, except as otherwise provided in this article, receive any apportionment based upon average daily attendance from the State School Fund unless it has maintained the regular day schools of the district for at least 175 days during the next preceding fiscal year.

(b) (1) If any school within a school district fails to maintain its school for the required 175 days, the Superintendent of Public Instruction shall withhold from the district’s apportionment based upon average daily attendance a product of 0.01143 times multiplied by the district’s apportionment for each additional day the school would have had to maintain operations to meet the 175 day requirement.

For the purpose

(2) For purposes of this subdivision, except as otherwise provided, the State Board of Education state board shall establish the standards and criteria for defining a day qualifying for the 175-day minimum requirement.

(c) This section shall not apply to a local educational agency with fewer than 175 days of instruction that complies with Section 46206.5.

SEC. 2.

 Section 41422 of the Education Code is amended to read:

41422.

 (a) A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 175 days or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 175 full-length days.

(b) This section shall also apply to school districts, county offices of education, or charter schools that, in the absence of one or more of the conditions prescribed by this section, would have qualified for funds pursuant to Sections 46200 to 46208, inclusive, or Section 47612.5, as applicable.

(c) This section shall not apply to a local educational agency with fewer than 175 days of instruction that complies with Section 46206.5.

SEC. 3.

 Section 46200 of the Education Code is amended to read:

46200.

 (a) For a school district that received an apportionment pursuant to subdivision (a) of this section, as it read on January 1, 2013, and that offers less than 180 days of instruction or, in multitrack year-round schools, fewer than the number of days required in subdivision (a) of this section, as it read on January 1, 2013, in the 2013–14 fiscal year, or any fiscal year thereafter, the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level the sum of 0.0056 multiplied by that apportionment for each day less than what was required in subdivision (a) of this section, as it read on January 1, 2013, up to a maximum of five days.

(b) This section shall not apply to a local educational agency with fewer than the minimum days of instruction that complies with Section 46206.5.

SEC. 4.

 Section 46200.5 of the Education Code is amended to read:

46200.5.

 (a) For a county office of education that received an apportionment pursuant to former subdivision (c) of this section, as it read on January 1, 2013, and that offers fewer than 180 days of instruction, or, in multitrack year-round schools, fewer than the 163 days of instruction, as required in former subdivision (c) of this section, as it read on January 1, 2013, in the 2013–14 fiscal year or any fiscal year thereafter, the Superintendent shall withhold from the county superintendent of schools’ local control funding formula alternative education grant computed pursuant to Section 2574, as apportioned pursuant to Section 2575, for the average daily attendance of each affected grade level, the product of 0.0056 multiplied by that apportionment for each day less than what was required to avoid a reduction pursuant to this section, as it read on January 1, 2013, up to a maximum of five days.

(b) This section shall not apply to a local educational agency with fewer than the minimum days of instruction that complies with Section 46206.5.

SEC. 5.

 Section 46206 of the Education Code is amended to read:

46206.

 (a) The State Board of Education state board may waive the fiscal penalties set forth in this article for a school district or county office of education that fails to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year, or both.

(b) (1) For fiscal penalties incurred as a result of a shortfall on instructional time in the 2000–01 fiscal year or thereafter, a waiver may only be granted pursuant to subdivision (a) upon the condition that the school or schools in which the minutes, days, or both, were lost, maintain minutes and days of instruction equal to those lost and in addition to the amount otherwise prescribed in this article for twice the number of years that it failed to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year following the year, or both, commencing not later than the school year following the year in which the waiver was granted and continuing for each succeeding school year until the condition is satisfied. Compliance with the condition shall be specifically verified in the report of the annual audit of the school district or county office of education for each year in which the additional time is to be maintained. If an audit report for a year in which the additional time is to be maintained does not verify that the time was provided, that finding shall be addressed as set forth in Section 41344.

(2) Notwithstanding any other law, no fiscal penalty shall be incurred under this article for a local educational agency that complies with Section 46206.5.

(c) It is the intent of the Legislature that school districts and county offices of education make every effort to make up any instructional days and minutes lost during the school year in which the loss occurred, rather than seeking a waiver pursuant to the provisions of this section.

(d) The State Board of Education state board may grant a waiver pursuant to subdivision (a) without the condition provided in subdivision (b) to any school district that maintained a single session kindergarten class in the 1982–83 school year for more than the maximum number of 240 minutes permitted by state law and that, due to the school district’s growth and facilities limitations, is required to operate two sessions of kindergarten per day in the same classroom.

SEC. 6.

 Section 46206.5 is added to the Education Code, to read:

46206.5.

 (a) (1) A local educational agency is deemed to have met the minimum instructional day requirements specified in Sections 41420, 41422, 46200, and 46200.5 by meeting both of the following requirements:

(A) By adding instructional minutes to existing instructional days.

(B) If the minimum number of instructional day requirements of a local educational agency pursuant to Sections 41420, 41422, 46200, and 46200.5 has not been met, that fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools. The affidavits shall be submitted to the department within 30 calendar days of the completion of the affidavits.

(2) For purposes of this subdivision, the minimum number of instructional days may not be met due to any of the following reasons:

(A) Inclement weather.

(B) For any of the causes specified in paragraphs (1) to (8), inclusive, of Section 46392.

(b) Compliance with this section shall be specifically verified in the report of the annual audit of the school district, county office of education, or charter school for each year in which this section is used by the local educational agency. If an audit report for a year in which the additional time is to be maintained does not verify that the time was provided, that finding shall be addressed as set forth in Section 41344.

(c) For purposes of this section, a local educational agency is defined as a school district, county office of education, or charter school.

SEC. 7.

 Section 46208 of the Education Code is amended to read:

46208.

 (a) Notwithstanding Sections 46200 to 46205, inclusive, upon a determination that a school district equals or exceeds its local control funding formula target computed pursuant to Section 42238.02 as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) of Section 42238.03, each school district, as a condition of apportionment pursuant to Section 42238.02, as implemented pursuant to Section 42238.03, shall offer 180 days or more of instruction per school year. A school operating as a multitrack year-round school shall be deemed to be in compliance with the 180-day requirement if it certifies to the Superintendent that it is a multitrack year-round school and maintains its school for a minimum of 163 schooldays.

(b) Notwithstanding subdivision (a), for the 2013–14 and 2014–15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section.

(c) For a school district that has met its local control funding formula target and that offers fewer than the number of instructional days required pursuant to this section, the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the sum of 0.0056 multiplied by that apportionment for each day less than what was required pursuant to this section, for up to five days.

(d) This section shall not apply to a local educational agency that complies with Section 46206.5.

SECTION 1.Section 4850 of the Labor Code is amended to read:

4850.

(a)Whenever a person listed in subdivision (b), who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of that person’s duties, the person is entitled, regardless of the person’s period of service with the city, county, or district, to a leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable under this chapter, for the period of the disability, but not exceeding one year, or until that earlier date upon which the person is retired on permanent disability pension, and is actually receiving disability pension payments, or advanced disability pension payments pursuant to Section 4850.3.

(b)The persons eligible under subdivision (a) include all of the following:

(1)City police officers.

(2)City, county, or district firefighters.

(3)Sheriffs.

(4)Officers or employees of any sheriff’s offices.

(5)Inspectors, investigators, detectives, or personnel with comparable titles in a district attorney’s office.

(6)County probation officers, group counselors, or juvenile services officers.

(7)Officers or employees of a probation office.

(8)Peace officers under Section 830.31 of the Penal Code employed on a regular, full-time basis by a county of the first class.

(9)Lifeguards employed year round on a regular, full-time basis by a county of the first class or by the City of San Diego.

(10)Airport law enforcement officers under subdivision (d) of Section 830.33 of the Penal Code.

(11)Harbor or port police officers, wardens, or special officers of a harbor or port district or city or county harbor department under subdivision (a) of Section 830.1 or subdivision (b) of Section 830.33 of the Penal Code.

(12)Police officers of the Los Angeles Unified School District.

(c)This section applies only to persons listed in subdivision (b) who meet the requirements of subdivision (a), and does not include any of the following:

(1)Employees of a police department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active law enforcement service.

(2)Employees of a county sheriff’s office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service.

(3)Employees of a county probation office whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service.

(4)Employees of a city fire department, county fire department, or fire district whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service.

(d)If the employer is insured, the insurer may pay to the insured the payments that, except for this section, the insurer would be obligated to make as disability indemnity to the injured.

(e)A leave of absence taken pursuant to this section by a peace officer, as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or by a city, county, or district firefighter, does not constitute family care and medical leave, as defined in Section 12945.2 of the Government Code, and does not reduce the time authorized for family care and medical leave by Section 12945.2 of the Government Code.

(f)This section does not apply to persons described in paragraph (1) or (2) of subdivision (b) who are employees of the City and County of San Francisco.

(g)Amendments to subdivision (f) made by Chapter 74 of the Statutes of 2010 apply retroactively to January 1, 2010.