Bill Text: CA SB320 | 2015-2016 | Regular Session | Enrolled

California Senate Bill 320 (Prior Session Legislation)

Bill Title: Pupil fees: complaint of noncompliance: appeal procedures.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB320 Detail]

Download: California-2015-SB320-Enrolled.html

BILL NUMBER: SB 320	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2015
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2015
	AMENDED IN ASSEMBLY  JUNE 30, 2015
	AMENDED IN SENATE  MARCH 26, 2015

INTRODUCED BY   Senator Lara

                        FEBRUARY 23, 2015

   An act to amend Section 49013 of the Education Code, relating to
pupil fees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 320, Lara. Pupil fees: complaint of noncompliance: appeal
procedures.
   Existing law prohibits a pupil enrolled in a public school from
being required to pay a pupil fee for participation in an educational
activity. Existing law authorizes a complaint of noncompliance to be
filed with the principal of a school for violation of that
prohibition, as specified, and required public schools to establish
local policies and procedures to implement the complaint provisions.
   This bill would prohibit a public school from establishing a local
policy or procedure that authorizes the public school to resolve a
complaint by providing a remedy to the complainant without also
providing a remedy to all affected pupils, parents, and guardians, as
provided. The bill would authorize the Superintendent of Public
Instruction to ensure that an appeal that the State Department of
Education finds merit in is resolved in a timely manner, as
specified. The bill would establish procedures for appeals,
including, among others, requiring a public school to provide to the
department, within 60 days of the department's written decision,
evidence documenting that the public school has complied with any
corrective action specified in the written decision. By imposing
additional duties on public schools and local educational agencies,
the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  Section 49013 of the Education Code is amended to read:

   49013.  (a) A complaint of noncompliance with the requirements of
this article may be filed with the principal of a school under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
   (b) A complaint may be filed anonymously if the complaint provides
evidence or information leading to evidence to support an allegation
of noncompliance with the requirements of this article.
   (c) A complainant not satisfied with the decision of a public
school may appeal the decision to the department and shall receive a
written appeal decision within 60 days of the department's receipt of
the appeal.
   (d) If a public school finds merit in a complaint, or the
department finds merit in an appeal, the public school shall provide
a remedy to all affected pupils, parents, and guardians that, where
applicable, includes reasonable efforts by the public school to
ensure full reimbursement to all affected pupils, parents, and
guardians, subject to procedures established through regulations
adopted by the state board.
   (e) Information regarding the requirements of this article shall
be included in the annual notification distributed to pupils, parents
and guardians, employees, and other interested parties pursuant to
Section 4622 of Title 5 of the California Code of Regulations.
   (f) Public schools shall establish local policies and procedures
to implement the provisions of this section on or before March 1,
2013. A public school shall not establish a local policy or procedure
pursuant to this subdivision that authorizes the public school to
resolve a complaint filed pursuant to this section, whether formally
or informally, by providing a remedy to the complainant without also
providing a remedy to all affected pupils, parents, and guardians, as
required by subdivision (d).
   (g) The Superintendent shall have all power and authority
necessary to ensure that, when the department finds merit in an
appeal filed pursuant to this section, the complaint is resolved
pursuant to subdivision (d) in a timely manner.
   (h) If the department finds merit in an appeal filed pursuant to
this section, the department's written decision shall identify with
specificity the corrective action that the public school shall take
to confirm that it has provided a remedy to all affected pupils,
including, if applicable, specific direction regarding the reasonable
efforts the public school shall take to ensure full reimbursement to
all affected pupils.
   (i) If the public school failed to address an issue raised in the
complaint filed pursuant to this section in the public school's
decision about that complaint, the department shall require the
public school to respond to the issue within 10 business days and,
after providing this opportunity to respond, the department shall
make findings on the merit of the appeal without remanding the
complaint to the public school for further consideration, regardless
of whether the public school provided the required response.
    (j) If the complainant submits evidence in conjunction with the
appeal that is related to an issue raised in the underlying complaint
and that is presented for the first time on appeal, the department
shall determine whether there is merit in the appeal regardless of
the newly submitted evidence. If the department determines there is
merit in the appeal, the department shall resolve the underlying
complaint. If the department determines there is not merit in the
appeal, the department shall send the underlying complaint and new
evidence back to the public school for further consideration.
   (k) If the complainant raises one or more issues on appeal that
were not presented in the underlying complaint, the department shall
remand any new issue to the public school to treat as a newly filed
complaint as provided in this section, but shall resolve the
remainder of the appeal as provided in this section.
   (l) A public school shall provide to the department, within 60
days of the department's written decision, evidence documenting that
the public school has complied with any corrective action specified
in the written decision and the requirements of subdivision (d).
   (m) If the public school has not satisfied the requirement in
subdivision (  l  ), the superintendent of the school
district or the county office of education or the principal of the
charter school, as appropriate based on the public school involved in
the underlying complaint, shall appear at the next regularly
scheduled meeting of the governing board or body of the public school
to explain the public school's failure to satisfy that requirement.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.