BILL NUMBER: AB 844 CHAPTERED 08/13/01 CHAPTER 187 FILED WITH SECRETARY OF STATE AUGUST 13, 2001 APPROVED BY GOVERNOR AUGUST 12, 2001 PASSED THE ASSEMBLY JULY 20, 2001 PASSED THE SENATE JULY 19, 2001 AMENDED IN SENATE JULY 18, 2001 AMENDED IN SENATE JUNE 28, 2001 AMENDED IN SENATE JUNE 18, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 INTRODUCED BY Assembly Member Chan FEBRUARY 22, 2001 An act to amend Section 52904 of, to add Section 52902.5 to and to add and repeal Chapter 3.5 (commencing with Section 58550) of Part 31 of, the Education Code, relating to school programs, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 844, Chan. School dropouts. (1) Existing law authorizes a school district to establish an alternative education and work center for dropouts, as specified. The program includes certain administrative duties for the Superintendent of Public Instruction. The authorization becomes inoperative on June 30, 2001, and is repealed on January 1, 2002. This bill would would extend the effective date of these provisions to January 1, 2007. The bill would require the State Department of Education to submit a report to the Legislature on or before January 1, 2003, evaluating the centers, as specified. (2) Existing law provides for various experimental school programs including, among others, individualized instruction based upon performance criteria, alternative schools, demonstration programs in intensive instruction, and gang risk intervention. This bill would reenact provisions relating to educational clinics that became inoperative on June 30, 2000, and were repealed on January 1, 2001. The bill would authorize certification of educational clinics that would, among other things, recruit or receive referral of high school dropouts, provide instruction in basic academic skills, provide employment orientation or reentry orientation, operate on a clinical client-centered basis, and conduct courses of instruction. The bill would make the provisions inoperative on July 1, 2003, and repeal them as of January 1, 2004. (3) This bill would declare that the aforementioned provisions shall be operative only to the extent funds are appropriated in the annual Budget Act. (4) This bill would further declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 52902.5 is added to the Education Code, to read: 52902.5. (a) The State Department of Education shall evaluate centers certified under this article. (b) The evaluation conducted by the State Department of Education shall include, but is not limited to, all of the following: (1) An evaluation of the operating costs of services provided by centers in comparison to other programs for high school dropouts. The evaluation shall include an analysis of the total amount of reimbursement provided for services to high school dropouts under this article and the total number of pupils served. The evaluation shall also include an analysis of the cost per pupil of the services provided and an analysis of pupil performance levels compared to other available programs and services. (2) An analysis of the effectiveness of the centers in increasing the total number of pupils who graduate from high school, or complete high school equivalency, compared to the rates of comparable programs, as well as other positive outcomes, including, but not limited to, reenrollment rates, and the number of pupils entering vocational training programs, obtaining employment, enrolling in postsecondary educational institutions, or enlisting in the military service. (c) Each center shall cooperate with the State Department of Education in the evaluations required by this section by supplying whatever information is deemed necessary for the purposes of these evaluations. (d) The State Department of Education shall submit a report to the Legislature regarding the results of the evaluations conducted under this section, and shall also submit a copy of the report to the Legislative Analyst, on or before January 1, 2003. The Legislative Analyst shall review the report submitted by the department and, not later than 90 days following the receipt of the report, shall submit any findings, comments, and recommendations that the Legislative Analyst determines are appropriate regarding the centers. SEC. 2. Section 52904 of the Education Code is amended to read: 52904. This article shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date. SEC. 3. Chapter 3.5 (commencing with Section 58550) is added to Part 31 of the Education Code, to read: CHAPTER 3.5. EDUCATIONAL CLINICS 58550. (a) The Legislature finds and declares that, in addition to the school-based motivation and maintenance programs established pursuant to Article 6 (commencing with Section 54720) of Chapter 9 of Part 29, there is a need to establish educational clinics in areas without alternative education and work centers selected pursuant to that chapter. (b) It is the intent of the Legislature, therefore, to establish publicly or privately operated nonsectarian clinics. A school district may contract with an educational clinic. 58551. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this chapter. (a) "Basic academic skills" means the study of mathematics, language, reading and composition, science, history, literature, and political science or civics. Basic academic skills do not include any other course determined by the Superintendent of Public Instruction to be nonessential. (b) "Clinical, client-centered basis" means an education approach that includes, at a minimum, all of the following: (1) Consideration by qualified personnel of a pupil's achievement, abilities, interests, and aptitudes. (2) The delineation of individual learning objectives and educational or employment goals. (3) The development and implementation of curriculum and instruction appropriate to diagnosed needs and specified objectives and goals. (4) Provisions for the evaluation of a pupil's progress toward the attainment of learning objectives and educational or employment goals. (c) "Educational clinic" means a public or private nonsectarian educational institution that serves dropouts exclusively, is certified by the Superintendent of Public Instruction, and does all of the following: (1) Recruits or receives referrals of high school dropouts. (2) Provides instruction in each of the following: (A) Basic academic skills, with an emphasis in the improvement of a pupil's motivation for achievement. (B) Employment orientation or reentry orientation. (3) Operates on a clinical, client-centered basis. (4) Conducts courses of instruction by professionally trained personnel certificated by the Commission on Teacher Credentialing. Each instructor in an educational clinic shall meet the same certification requirements applicable to regular certificated classroom teachers in the public schools. For purposes of meeting the requirements of subdivision (c) of Section 44830, employment in a position requiring certification in any school district includes employment as an instructor in an educational clinic. (5) Returns each pupil to public school, places the pupil in a program to attain a high school equivalency certificate or in a public or private vocational program, assists the pupil in enlisting in the military or any other service program, or assists the pupil in entering a program of postsecondary education. (6) Is capable of providing appropriate educational services to school dropouts, and of serving pupils who are broadly representative of the socioeconomic, geographic, and ethnic diversity of the population of dropouts from that school district or, in the case of large school districts, the population of dropouts from schools in the vicinity of the educational clinic. (d) "Eligible school dropout" means a person who has all of the following characteristics: (1) Does not possess a high school diploma or its equivalent. (2) Is between the ages of 13 and 19 years, inclusive, or has been expelled from school. (3) Has not attended a school within a period of 45 days prior to enrollment in the educational clinic, and has obtained written verification from a school official of the school last attended that he or she is no longer enrolled in that school. Whenever available, and upon the request of the pupil, the school that he or she last attended may provide the educational clinic with a copy of the pupil' s academic transcript. For purposes of this paragraph, if written verification is unavailable, an affidavit submitted by the pupil's parent, guardian, custodian, or other responsible official may be submitted in lieu of the written verification from the school official. (e) "Employment orientation" includes, but is not necessarily limited to, the following: (1) Instruction in the submission of job applications, interview techniques, and job expectations of attendance and production. (2) The translation of skills and abilities to job requirements. (3) Review by an applicant of job descriptions. (4) An evaluation of the pupil's ability to fulfill job requirements. (f) "Individual diagnostic procedure" means either the individual assessment by a certificated teacher or, whenever deemed necessary by the educational clinic, assessment in conjunction with a psychometrist, psychologist, or other professional who is appropriately certified or licensed to conduct specific diagnostic evaluations and to prescribe an individual educational and instructional program. A written record of the initial diagnosis of each pupil shall be completed prior to the admission of the pupil to classes offered by the educational clinic. The written record shall also be kept on file by the educational clinic. Each written record shall include, but need not be limited to, all of the following information: (1) Whenever available, a transcript of the pupil's previous academic record. (2) A description of the assessment procedures utilized to determine the pupil's ability, interests, and aptitudes. (3) A summary of all diagnostic findings. (4) A list of the pupil's educational objectives and program placement recommendations. (5) The dated signature of each person conducting any part of the diagnosis. (g) (1) "Instructional hour" means a period of instruction 60 minutes in length. (2) "Instructional day" means three instructional hours. (h) "Public clinic" means a nonprofit, nonsectarian agency or organization, including a public school. (i) "Reentry orientation" includes, but is not necessarily limited to, instruction in study skills, gaining attention and recognition through positive behavior, and constructive interaction with teachers, school administrators, and parents. 58552. (a) In order to obtain certification as an educational clinic from the Superintendent of Public Instruction, each private educational institution shall submit an application to the superintendent documenting compliance with all of the following requirements: (1) The applicant qualifies as an educational clinic, as defined by subdivision (c) of Section 58551. (2) The applicant offers instruction in basic academic skills, employment orientation, and reentry orientation, as defined by Section 58551. (3) The applicant operates on a clinical, client-centered basis, as defined by subdivision (b) of Section 58551. (4) The applicant will produce educational gains among pupils that directly relate to the identified individual learning objectives and educational or employment goals. (5) The applicant maintains accurate and complete financial and personnel records. (b) Private educational institutions seeking certification by the Superintendent of Public Instruction as educational clinics shall submit applications upon forms designated for that purpose which shall include documentation verifying that the applicant meets each of the requirements prescribed by subdivision (a). The superintendent shall notify each applicant of its certification status within five weeks after the receipt of the completed application. (c) Each private educational institution approved for certification as an educational clinic by the Superintendent of Public Instruction shall be certified for a period not to exceed three years. When its initial certification expires, an educational clinic may apply for a renewal of its certification. (d) Any changes in the operation of the educational clinic that are relevant to the certification criteria prescribed by subdivision (a) shall be approved in writing by the Superintendent of Public Instruction before the change takes effect. (e) The Superintendent of Public Instruction may withdraw certification from any approved educational clinic if it is determined that any of the following conditions exists: (1) The educational clinic does not provide adequate instruction in basic academic skills, as defined by subdivision (a) of Section 58551. (2) Pupil performance data do not substantiate educational gains for pupils that directly relate to the identified individual learning objectives and the educational or employment goals. (3) The educational clinic does not provide opportunities for employment orientation or reentry orientation as required by this chapter. (4) The educational clinic fails to meet any of the criteria for certification prescribed by subdivision (a). (f) The ratio of pupils to professional staff members for a certified educational clinic shall not exceed 20 to 1. 58553. (a) A certified educational clinic may not begin operation unless it has provided each school district within its service area with the opportunity to enter into a contractual agreement with the clinic for the provision of services to eligible school dropouts, pursuant to the limitations contained in Section 58554. If any such school district chooses not to enter into that contractual agreement with the educational clinic, the clinic shall provide the appropriate county superintendent of schools with the opportunity to enter into that agreement. (b) From funds appropriated for that purpose, the Superintendent of Public Instruction shall reimburse school districts or county superintendents of schools for fees paid to educational clinics for services to eligible dropouts under the terms and agreements entered into under subdivision (a). Reimbursement provided under this subdivision shall not exceed the limitations set forth in Section 58555. 58553.5. If a school district or county superintendent of schools does not contract with an educational clinic to provide educational services to eligible high school dropouts, the clinic may submit an application to contract for those services directly to the Superintendent of Public Instruction, who shall make a determination as to the need for services to dropouts in the vicinity of the school district. Upon finding that these services would be beneficial, the Superintendent of Public Instruction shall, subject to the availability of funds, enter into a contract with the educational clinic, pursuant to Section 58553. 58554. (a) The maximum fee for an initial diagnosis prepared by an educational clinic pursuant to a contract entered into under Section 58553 or 58553.5 shall be an amount not to exceed seventy-five dollars ($75). (b) The maximum fee for each instructional hour or fees for an additional diagnosis provided under the terms of a contract entered into under Section 58553 or 58553.5 shall not exceed five dollars ($5) per hour. (c) School districts that operate certified educational clinics may not claim average daily attendance apportionments for purposes of operating educational clinics under this chapter. 58555. (a) Except as otherwise provided in subdivision (b), after a pupil has attended an educational clinic for 75 instructional days, for all or a portion of each day, the school district or county superintendent of schools shall receive no further reimbursement, pursuant to subdivision (b) of Section 58554, for that pupil. (b) A school district or county superintendent of schools may petition the superintendent for continued reimbursement for providing instruction to a pupil beyond the 75-day period specified in subdivision (a). A petition for continued reimbursement shall be filed prior to the 75th instructional day, but no earlier than the 60th instructional day. The petition shall be submitted with a report which shall include, but not be limited to, all of the following information: (1) An explanation of the pupil's educational difficulties. (2) A specific learning program to address the pupil's educational difficulties. (3) An estimate of the additional time required to achieve the educational objectives established when the pupil first enrolled in the educational clinic. The superintendent shall promptly review the petition and report. If the superintendent determines that the learning program seems reasonably likely to succeed in achieving the pupil's educational objectives, he or she may continue to provide the school district with reimbursement for that pupil for a period not to exceed 60 additional instructional days. The superintendent shall promptly forward notice of the determination to the school district. (c) An educational clinic that has contracted with the Superintendent of Public Instruction pursuant to Section 58553.5 may directly petition the superintendent as provided in subdivision (b). 58556. The attendance of pupils at a certified educational clinic is deemed to satisfy the compulsory school attendance and the compulsory continuation school attendance requirements of Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27. 58557. (a) A certified educational clinic may not charge any fee for services provided under this chapter for which the clinic receives reimbursement to any pupil or to the parent, guardian, or custodian of any pupil. (b) Nothing in this chapter shall be construed to prohibit a certified educational clinic from accepting donations from private entities, including foundations, corporations, and individuals, to supplement any other funds received by the educational clinic. (c) The State Department of Education shall annually inform public and private agencies operating in the areas served by an educational clinic of services available to eligible high school dropouts which may be provided by that clinic. 58558. (a) The Superintendent of Public Instruction shall provide for the monitoring of the activities, procedures, and records of certified educational clinics. To the extent feasible, monitoring activities shall be conducted through onsite visits scheduled during normal business hours of the educational clinic. (b) The superintendent shall adopt rules and regulations necessary to implement the requirements of this chapter. The adopted rules and regulations shall require each certified educational clinic to authorize the State Department of Education to conduct audits for the purpose of examining its financial records. The adopted rules and regulations shall also require that any fund balances remaining under a contract that is not fully performed shall be returned to the Superintendent of Public Instruction for reallocation without regard to fiscal year. 58560. (a) The State Department of Education shall evaluate educational clinics certified under this chapter. (b) The evaluation conducted by the State Department of Education shall include, but is not limited to, all of the following: (1) An evaluation of the operating costs of services provided by educational clinics in comparison to other programs for high school dropouts. The evaluation shall include an analysis of the total amount of reimbursement provided for services to high school dropouts under this chapter and the total number of pupils served. The evaluation shall also include an analysis of the cost per pupil of the services provided and an analysis of pupil performance levels compared to other available programs and services. (2) An analysis of the effectiveness of educational clinics in increasing the total number of pupils who graduate from high school, or complete high school equivalency, compared to the rates of comparable programs, as well as other positive outcomes, including, but not limited to, reenrollment rates, and the number of pupils entering vocational training programs, obtaining employment, enrolling in postsecondary educational institutions, or enlisting in the military service. (c) Each certified educational clinic shall cooperate with the State Department of Education in the evaluations required by this section by supplying whatever information is deemed necessary for the purposes of these evaluations. Each educational clinic shall also submit an annual statement to the department identifying the names of the owners of the educational clinic as well as, in the case of incorporated educational clinics, the names of corporate officers, directors, and shareholders of record. (d) The State Department of Education shall submit a report to the Legislature regarding the results of the evaluations conducted under this section, and shall also submit a copy of the report to the Legislative Analyst, on or before January 1, 2003. The Legislative Analyst shall review the report submitted by the department and, not later than 90 days following the receipt of the report, shall submit any findings, comments, and recommendations the Legislative Analyst determines are appropriate regarding the educational clinics. 58561. This chapter shall be operative only to the extent that funds are appropriated for its purpose in the annual Budget Act. 58562. This chapter shall become inoperative on July 1, 2003, and, as of January 1, 2004, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2004, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. 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: Because many pupils need the alternative educational opportunities provided by this act in order to achieve academic success, it is necessary that this act take effect immediately.