Bill Text: CA SB1457 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Pupil instruction: excused absences: religious or moral instruction.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Introduced - Dead) 2016-11-30 - Died on the inactive file. [SB1457 Detail]

Download: California-2015-SB1457-Amended.html

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BILL NUMBER: SB 1457	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 18, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Morrell
   (Principal coauthor: Assembly Member Brown)
   (Coauthors: Senators Beall, Fuller, Huff, Mendoza, and Vidak)
   (Coauthors: Assembly Members Dahle, Jones, and Waldron)

                        FEBRUARY 19, 2016

   An act to add Chapter 20 (commencing with Section 53330) to Part
28 of Division 4 of Title 2 of the Education Code, relating to pupil
instruction.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1457, as amended, Morrell. Pupil instruction: high school
graduation requirements: credit for released time instruction.
   Existing law allows pupils, with the written consent of their
parents or guardians, to be excused from school in order to
participate in religious exercises or to receive moral and religious
instruction, as specified. Under existing law, these absences will
not be deemed absences in computing average daily attendance if (1)
the governing board of a school district, in its discretion, first
adopts a resolution permitting pupils to be absent from school for
the exercises or instruction, (2) the governing board adopts
regulations governing the attendance of pupils at the exercises or
instruction and the reporting thereof, (3) the pupil attends at least
the minimum schoolday, and (4) no pupil is excused for more than 4
days per school month.
   This bill would authorize the governing board of a school district
to adopt a policy to allow a pupil in high school to  earn
up to 2 elective credits toward that pupil's high school graduation
requirements for the completion of   participate in
 released time instruction, as defined. The bill would require
 the policy to state that a pupil may receive elective credit
for the completion of released time instruction only if specified
conditions are met.   that a policy include certain
conditions, and would authorize a policy to allow a pupil to receive
up to 2 elective credits towards that pupil's high school graduation
requirements.  The bill would require the policy to include
secular criteria for determining whether to authorize a pupil to earn
credit that are substantially the same criteria used to evaluate a
similar nonpublic high school course for the purpose of determining
whether to award credit for that course to a pupil transferring from
a nonpublic high school to a public high school. The bill would
require a decision to award credit for released time instruction to
be neutral to, and not involve any test for, religious content or
denominational affiliation, and would prohibit school district staff
and faculty from encouraging or discouraging participation by pupils
in released time instruction. The bill would require that an absence
for released time instruction not be deemed an absence in computing
average daily attendance.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 20 (commencing with Section 53330) is added to
Part 28 of Division 4 of Title 2 of the Education Code, to read:
      CHAPTER 20.  THE PARENTAL CHOICE FOR RELEASED TIME CREDIT ACT


   53330.  The Legislature finds and declares all of the following:
   (a) Private religious education is a legitimate and complementary
part of the American school system.
   (b) Parents have a recognized constitutional right to provide
their children with a private religious education.
   (c) The United States Constitution and state law allow local
school districts to offer religious released time instruction for the
benefit of public school pupils.
   (d) School districts have local autonomy and are governed by
locally elected school boards.
   (e) In order to accommodate the independent choices of parents and
pupils to pursue religious instruction, school districts should be
unrestricted in their ability to award credit for that instruction
under conditions that preserve the neutrality and impartiality of the
public school system.
   (f) Permitting pupils to earn credit for released time instruction
enables those pupils to remain in public school while also
accommodating their right to receive private religious instruction.
   53331.  For purposes of this chapter, the following definitions
apply:
   (a) (1) "Released time instruction" means the instruction received
by a pupil for the purposes and under the conditions of Section
46014, not including subdivision (d) of Section 46014.
   (2) For purposes of this chapter, Section 46014 shall be construed
to additionally permit a pupil to be excused from school to
participate in instruction in nonsectarian morals and systems of
belief by a nonsectarian entity.
   (b) "Sponsoring entity" means the entity that provides released
time instruction to a pupil pursuant to this chapter.
   53332.  (a) The governing board of a school district may adopt a
policy authorizing a pupil in high school to  earn up to two
elective credits toward that pupil's high school graduation
requirements for the completion of released time instruction.
  participate in released time instruction. A policy
adopted pursuant to this subdivision shall include the following
conditions:  
   (1) The pupil's parent or guardian makes a written request. 

   (2) The released time instruction is conducted off school district
property.  
   (3) No public funds are expended and no public school personnel
are involved in providing the instruction.  
   (4) The sponsoring entity maintains attendance records and makes
those records available to the school district the pupil attends.
 
   (5) Transportation to and from the place of released time
instruction, including transportation for pupils with disabilities,
is the complete responsibility of the sponsoring entity, parent,
guardian, or pupil.  
   (6) The sponsoring entity makes provisions for and assumes
liability for the pupil.  
   (7) The pupil assumes responsibility for any missed schoolwork.
 
   (8) The pupil does not miss any core curriculum subject courses to
attend released time instruction.  
   (9) The pupil attends school for no less than the minimum
schoolday applicable to that pupil on each day of released time
instruction. 
   (b) A policy adopted pursuant to subdivision (a) shall
state that   may allow  a pupil in high school
 may   to  receive  up to two 
elective credits  toward that pupil's high school graduation
requirements  for the completion of released time 
instruction only if the following conditions are met:  
instruction.  
   (1) The pupil's parent or guardian makes a written request.
 
   (2) The released time instruction is conducted off school district
property.  
   (3) No public funds are expended and no public school personnel
are involved in providing the instruction.  
   (4) The sponsoring entity maintains attendance records and makes
those records available to the school district the pupil attends.
 
   (5) Transportation to and from the place of released time
instruction, including transportation for pupils with disabilities,
is the complete responsibility of the sponsoring entity, parent,
guardian, or pupil.  
   (6) The sponsoring entity makes provisions for and assumes
liability for the pupil.  
   (7) The pupil assumes responsibility for any missed schoolwork.
 
   (8) The pupil does not miss any core curriculum subject courses to
attend released time instruction. 
   (c) (1) A policy adopted pursuant to subdivision (a) shall include
secular criteria for determining whether to authorize a pupil to
earn credit for the completion of released time instruction. The
criteria shall be substantially the same criteria used to evaluate a
similar nonpublic high school course for the purpose of determining
whether to award credit for that course to a pupil transferring from
a nonpublic high school to a public high school.
   (2) The secular criteria may include, but are not limited to, the
following:
   (A) The number of hours of classroom instruction time.
   (B) A review of the course syllabus that reflects course 
requirements and   requirements,  materials
 used.   used, and a clear learning objective.

   (C) The methods of assessment used in the course.
   (D) The qualifications of the course instructor, which shall be
similar to the qualifications of other teachers in the school
district.
   (3) There shall be no criteria requiring that released time
instruction be completed only at a nonpublic school.
   53333.  A decision to award credit for released time instruction
shall be neutral to, and shall not involve any test for, religious
content or denominational affiliation.
   53334.  School district staff and faculty shall not encourage or
discourage participation by pupils in released time instruction.
   53335.  An absence for released time instruction pursuant to this
chapter shall not be deemed an absence in computing average daily
attendance.