BILL NUMBER: AB 2855 CHAPTERED 09/29/04 CHAPTER 895 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2004 APPROVED BY GOVERNOR SEPTEMBER 29, 2004 PASSED THE ASSEMBLY AUGUST 26, 2004 PASSED THE SENATE AUGUST 25, 2004 AMENDED IN SENATE AUGUST 23, 2004 AMENDED IN SENATE AUGUST 9, 2004 AMENDED IN SENATE JUNE 29, 2004 AMENDED IN SENATE JUNE 14, 2004 AMENDED IN ASSEMBLY MAY 11, 2004 AMENDED IN ASSEMBLY APRIL 26, 2004 INTRODUCED BY Assembly Member Laird (Principal coauthors: Assembly Members Chavez, Daucher, Hancock, La Malfa, Longville, Maze, and Salinas) FEBRUARY 20, 2004 An act to amend Sections 32282, 33540, 35295, 35296, 42140, 48900.1, and 48910 of, and to repeal Sections 38132, 48211, 48214, and 51230 of, the Education Code, to amend Sections 6550 and 6552 of the Family Code, to amend Section 17556 of the Government Code, and to amend Sections 124100 and 124105 of the Health and Safety Code, relating to education. LEGISLATIVE COUNSEL'S DIGEST AB 2855, Laird. Education: policies. (1) Existing law makes each school district and county office of education responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires a school safety plan to include specified contents, including disaster procedures. Other existing law requires the governing board of each school district and the county superintendent of schools of each county to establish an earthquake emergency procedure system, as specified, in every public school building under its jurisdiction having an occupant capacity of 50 or more pupils or more than one classroom. Existing law also requires the governing board of a school district to grant the use of school buildings, grounds, and equipment to public agencies for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. This bill would require a school district or county office of education to include the earthquake emergency procedure system and the disaster policy in its comprehensive school safety plan, as specified. (2) Under existing law, if a school district or county office of education provides health and welfare benefits for employees upon their retirement and those benefits will continue after the employees reach 65 years of age, the superintendent of the school district or county superintendent of schools, as applicable, is required annually to provide information to the governing board of the school district or the county board of education regarding the estimated accrued but unfunded costs of those benefits, as specified. This bill would make those requirements inoperative on January 1, 2005. (3) Existing law authorizes the governing board of a school district to exclude children of filthy or vicious habits, or children suffering from contagious or infectious diseases. Existing law requires the governing board to adopt rules and regulations governing periodic reviews of its decisions to exclude children from school. This bill would repeal both of those requirements. (4) Existing law requires the governing board of each school district to adopt a policy authorizing teachers to permit the parent or guardian of a pupil who has been suspended by the teacher to attend a portion of a schoolday in the classroom of that pupil. This bill, instead, would authorize the governing board to adopt that policy. (5) Existing law requires a school counselor or school psychologist to attend a parent-teacher conference regarding the suspension of a pupil. This bill, instead, would authorize a school counselor or school psychologist to attend that conference. (6) Existing law requires all pupils, as part of the course in American government and civics required for high school graduation, to read and be taught specified documents, including, among others, the Declaration of Independence, the United States Constitution, and the Gettysburg Address. This bill would repeal that requirement and, instead, would require the Curriculum Development and Supplemental Materials Commission, when the history-social science framework is revised, to ensure that those documents are incorporated in the framework, as appropriate. The bill would also require the State Board of Education and the Superintendent of Public Instruction, if any portion of the California Standards Tests is revised, to ensure that an appropriate number of questions on the tests relate to those documents. (7) Existing law deems a pupil to have complied with the residency requirements for school attendance in a school district if the pupil meets specified requirements, including, among others, that the pupil lives in the home of a caregiving adult that is located within the boundaries of that school district. Existing law contains a caregiver's authorization affidavit which, when completed and signed by a caregiver 18 years of age or older, authorizes the caregiver to enroll the minor in school and consent to school-related medical care on behalf of the minor. Under existing law, the affidavit is not valid for more than one year after the date on which it is executed. This bill would eliminate the one-year expiration date for the affidavit and would provide that the affidavit is invalid once the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver. (8) The California Constitution requires the state to reimburse local agencies and school districts for costs mandated by the state and incurred by a local agency or school district to implement a new program or higher level of service. Existing law excepts from this requirement certain claims including, among others, a claim based on a statute or executive order that implemented a federal law or regulation, as provided, a claim based on a statute or executive order that imposed duties included in a ballot measure approved in a statewide election, and a claim for which a statute or executive order provides for offsetting savings to local agencies or school districts, as provided. This bill would recast the federal law exception and would specify that the exception applies regardless of whether the federal law or regulation was enacted or adopted prior to or after the date on which the state statute or executive order was enacted or issued. The bill would revise the ballot measure exception to include duties imposed in a ballot measure approved in a local election. The bill would expand the offsetting savings exception to include a claim for which an appropriation in a Budget Act or other bill provides for the offsetting savings. (9) Existing law requires every school district or private school that has children enrolled in the 1st grade to report by January 15 of each year to the county child health and disability prevention program, the State Department of Health Services, and the Department of Education on the total number of children enrolled in the 1st grade, the number of children who have had a health screening examination, and the number of children whose parents or guardian have given a written waiver of the examination. Existing law requires the Department of Health Services to compile the district information and report annually to the Legislature the percentage levels of compliance with the health screening and waiver requirements. This bill would eliminate all of those reporting requirements. (10) Existing law provides that no pupil shall receive a diploma of graduation from high school who, while in grades 9 to 12, inclusive, has not completed specified courses, including 2 courses in science. Prior law required a pupil to complete only one course in science to receive a diploma. This bill would provide that for purposes of calculating the amount of the state reimbursement for the state-mandated local program imposed by increasing the science course requirement from one science course to 2 science courses, if the school district or county office claims reimbursement for a new science facility, the reimbursement shall be reduced by the amount of state bond funds, if any, received by the school district or county office to construct the new science facility. (11) Existing law requires the governing board of a school district maintaining an elementary or secondary school to develop and cause to be implemented for each school in the school district a school accountability report card that includes specified information regarding the academic achievement of the school. Other existing law establishes the Standardized Testing and Reporting (STAR) Program which requires each school district, charter school, and county office of education to administer to each of its pupils in grades 2 to 11, inclusive, an achievement test and a standards-based achievement test, as specified. This bill would require the Commission on State Mandates, on or before December 31, 2005, to reconsider certain decisions it issued relating to state reimbursement for the school accountability report card and the STAR Program, and to reconsider its parameters and guidelines for calculating the state reimbursement, in light of federal statutes enacted and state court decisions rendered since those mandates were enacted. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 32282 of the Education Code is amended to read: 32282. (a) The comprehensive school safety plan shall include, but not be limited to, both of the following: (1) Assessing the current status of school crime committed on school campuses and at school-related functions. (2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety, which shall include the development of all of the following: (A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Title 1 of Part 4 of the Penal Code. (B) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster procedures shall also include, but not be limited to, both of the following: (i) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A district or county office may work with the Office of Emergency Services and the Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: (I) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. (II) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools. (III) Protective measures to be taken before, during, and following an earthquake. (IV) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. (ii) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The district or county office shall cooperate with the public agency in furnishing and maintaining the services as the district or county office may deem necessary to meet the needs of the community. (C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts which would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27. (D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. (E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. (F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing "gang-related apparel," if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define "gang-related apparel." The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. Any schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For the purposes of this paragraph, "gang-related apparel" shall not be considered a protected form of speech pursuant to Section 48950. (G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. (H) A safe and orderly environment conducive to learning at the school. (I) The rules and procedures on school discipline adopted pursuant to Sections 35291 and 35291.5. (J) Hate crime reporting procedures pursuant to Chapter 1.2 (commencing with Section 628) of Title 15 of Part 1 of the Penal Code. (b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School/Law Enforcement Partnership Program entitled "Safe Schools: A Planning Guide for Action" in conjunction with developing their plan for school safety. (c) Grants to assist schools in implementing their comprehensive school safety plan shall be made available through the partnership as authorized by Section 32285. (d) Each schoolsite council or school safety planning committee in developing and updating a comprehensive school safety plan shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. (e) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public. (f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval under subdivision (a) of Section 32288. SEC. 2. Section 33540 of the Education Code is amended to read: 33540. (a) The State Board of Education and the department shall request that the commission review and revise, as necessary, the course requirements in the history-social science framework to ensure that minimum standards for courses in American government and civics include sufficient attention to teaching pupils how to interact, in a practical manner, with state and local governmental agencies and representatives to solve problems and to petition for changes in laws and procedures. (b) When the history-social science framework is revised as required by law, the commission shall ensure that the following historical documents are incorporated into the framework, as appropriate: (1) The Declaration of Independence. (2) The United States Constitution, including the Bill of Rights. (3) The Federalist Papers. (4) The Emancipation Proclamation. (5) The Gettysburg Address. (6) George Washington's Farewell Address. (c) If any portion of the California Standards Tests related to instruction in American government and civics is revised, the State Board of Education and the Superintendent of Public Instruction shall ensure that an appropriate number of questions on the tests relate to the historical documents listed in subdivision (b). SEC. 3. Section 35295 of the Education Code is amended to read: 35295. The Legislature finds and declares the following: (a) Because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future, increased efforts to reduce earthquake hazards should be encouraged and supported. (b) In order to minimize loss of life and disruption, it is necessary for all private elementary schools and high schools to develop school disaster plans and specifically an earthquake emergency procedure system so that pupils and staff will act instinctively and correctly when an earthquake disaster strikes. (c) It is therefore the intent of the Legislature in enacting this article to authorize the establishment of earthquake emergency procedure systems in kindergarten and grades 1 through 12 in all private schools in California. SEC. 4. Section 35296 of the Education Code is amended to read: 35296. The governing board of each private school shall establish an earthquake emergency procedure system in every private school building under its jurisdiction having an occupant capacity of 50 or more pupils or more than one classroom. A governing board may work with the Office of Emergency Services and the Seismic Safety Commission to develop and establish the earthquake emergency procedure systems. SEC. 5. Section 38132 of the Education Code is repealed. SEC. 6. Section 42140 of the Education Code is amended to read: 42140. (a) If a school district or county office of education, either individually or as a member of a joint powers agency, provides health and welfare benefits for employees upon their retirement, and those benefits will continue after the employees reach 65 years of age, the superintendent of the school district or county superintendent of schools, as appropriate, annually shall provide information to the governing board of the school district or the county board of education, as appropriate, regarding the estimated accrued but unfunded cost of those benefits. The estimate of cost shall be based upon an actuarial report that incorporates annual fiscal information and is obtained by the superintendent at least every three years. The actuarial report shall be performed by an actuary who is a member of the American Academy of Actuaries. If the school district or county office of education regularly contracts for an actuarial report for other fiscal matters, a separate actuarial report is not required, if the estimate of costs required by this subdivision is separately and clearly set forth in that report. (b) The cost information required by subdivision (a) and a copy of the actuarial report on which the estimated costs are based shall be presented by the superintendent at a public meeting of the governing board. At that meeting, the governing board shall disclose, as a separate agenda item, whether or not it will reserve a sufficient amount of money in its budget to fund the present value of the health and welfare benefits of existing retirees or the future cost of employees who are eligible for benefits in the current fiscal year, or both. (c) The governing board annually shall certify to the county superintendent of schools the amount of money, if any, that it has decided to reserve in its budget for the cost of those benefits, and shall submit to the county superintendent of schools any budget revisions that may be necessary to account for that budget reserve. (d) The county board of education annually shall certify to the Superintendent of Public Instruction the amount of money, if any, that has been reserved in the budget of the county office of education for the cost of those benefits. (e) This section is inoperative on January 1, 2005. SEC. 7. Section 48211 of the Education Code is repealed. SEC. 8. Section 48214 of the Education Code is repealed. SEC. 9. Section 48900.1 of the Education Code is amended to read: 48900.1. (a) The governing board of each school district may adopt a policy authorizing teachers to require the parent or guardian of a pupil who has been suspended by a teacher pursuant to Section 48910 for reasons specified in subdivision (i) or (k) of Section 48900, to attend a portion of a schoolday in the classroom of his or her child or ward. The policy shall take into account reasonable factors that may prevent compliance with a notice to attend. The attendance of the parent or guardian shall be limited to the class from which the pupil was suspended. (b) The policy shall be adopted pursuant to the procedures set forth in Sections 35291 and 35291.5. Parents and guardians shall be notified of this policy prior to its implementation. A teacher shall apply any policy adopted pursuant to this section uniformly to all pupils within the classroom. The adopted policy shall include the procedures that the district will follow to accomplish the following: (1) Ensure that parents or guardians who attend school for the purposes of this section meet with the school administrator or his or her designee after completing the classroom visitation and before leaving the schoolsite. (2) Contact parents or guardians who do not respond to the request to attend school pursuant to this section. (c) If a teacher imposes the procedure pursuant to subdivision (a), the principal shall send a written notice to the parent or guardian stating that attendance by the parent or guardian is pursuant to law. This section shall apply only to a parent or guardian who is actually living with the pupil. (d) A parent or guardian who has received a written notice pursuant to subdivision (c) shall attend class as specified in the written notice. The notice may specify that the attendance of the parent or guardian be on the day the pupil is scheduled to return to class, or within a reasonable period of time thereafter, as established by the policy of the board adopted pursuant to subdivision (a). SEC. 10. Section 48910 of the Education Code is amended to read: 48910. (a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. If that action requires the continued presence of the pupil at the schoolsite, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal. (b) A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended. (c) A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school. SEC. 11. Section 51230 of the Education Code is repealed. SEC. 12. Section 6550 of the Family Code is amended to read: 6550. (a) A caregiver's authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code. (b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor. (c) A person who acts in good faith reliance on a caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor. (d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation. (e) Nothing in this section relieves any individual from liability for violations of other provisions of law. (f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver. (g) A caregiver's authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word "warning" specified in Section 6552. The warning statement shall be enclosed in a box with 3-point rule lines. (h) For purposes of this part, the following terms have the following meanings: (1) "Person" includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. (2) "Relative" means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. (3) "School-related medical care" means medical care that is required by state or local governmental authority as a condition for school enrollment, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. SEC. 13. Section 6552 of the Family Code is amended to read: 6552. The caregiver's authorization affidavit shall be in substantially the following form: Caregiver's Authorization Affidavit Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code. Instructions: Completion of items 1-4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5-8 is additionally required to authorize any other medical care. Print clearly. The minor named below lives in my home and I am 18 years of age or older. 1. Name of minor: ___________________________________________. 2. Minor's birth date: ______________________________________. 3. My name (adult giving authorization): ____________________. 4. My home address: _________________________________________ _________________________________________. ________________________________________________________________ 5. ( ) I am a grandparent, aunt, uncle, or other qualified relative of the minor (see back of this form for a definition of "qualified relative"). 6. Check one or both (for example, if one parent was advised and the other cannot be located): ( ) I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection. ( ) I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization. 7. My date of birth: ________________________________________. 8. My California driver's license or identification card number: ______________________________________________________. ____________________________________________________________ : : : Warning: Do not sign this form if any of the statements : : above are incorrect, or you will be committing a crime : : punishable by a fine, imprisonment, or both. : :____________________________________________________________: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: _______________________ Signed: _________________________ Notices: 1. This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor. 2. A person who relies on this affidavit has no obligation to make any further inquiry or investigation. Additional Information: TO CAREGIVERS: 1. "Qualified relative," for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. 2. The law may require you, if you are not a relative or a currently licensed foster parent, to obtain a foster home license in order to care for a minor. If you have any questions, please contact your local department of social services. 3. If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you. 4. If you do not have the information requested in item 8 (California driver's license or I.D.), provide another form of identification such as your social security number or Medi-Cal number. TO SCHOOL OFFICIALS: 1. Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver. 2. The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4. TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS: 1. A person who acts in good faith reliance upon a caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. 2. This affidavit does not confer dependency for health care coverage purposes. SEC. 14. Section 17556 of the Government Code is amended to read: 17556. The commission shall not find costs mandated by the state, as defined in Section 17514, in any claim submitted by a local agency or school district, if, after a hearing, the commission finds that: (a) The claim is submitted by a local agency or school district that requested legislative authority for that local agency or school district to implement the program specified in the statute, and that statute imposes costs upon that local agency or school district requesting the legislative authority. A resolution from the governing body or a letter from a delegated representative of the governing body of a local agency or school district that requests authorization for that local agency or school district to implement a given program shall constitute a request within the meaning of this paragraph. (b) The statute or executive order affirmed for the state a mandate that had been declared existing law or regulation by action of the courts. (c) The statute or executive order imposes a requirement that is mandated by a federal law or regulation and results in costs mandated by the federal government, unless the statute or executive order mandates costs that exceed the mandate in that federal law or regulation. This subdivision applies regardless of whether the federal law or regulation was enacted or adopted prior to or after the date on which the state statute or executive order was enacted or issued. (d) The local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the mandated program or increased level of service. (e) The statute, executive order, or an appropriation in a Budget Act or other bill provides for offsetting savings to local agencies or school districts that result in no net costs to the local agencies or school districts, or includes additional revenue that was specifically intended to fund the costs of the state mandate in an amount sufficient to fund the cost of the state mandate. (f) The statute or executive order imposed duties that were expressly included in a ballot measure approved by the voters in a statewide or local election. (g) The statute created a new crime or infraction, eliminated a crime or infraction, or changed the penalty for a crime or infraction, but only for that portion of the statute relating directly to the enforcement of the crime or infraction. SEC. 15. Section 124100 of the Health and Safety Code is amended to read: 124100. (a) In cooperation with the county child health and disability prevention program, the governing body of every school district or private school that has children enrolled in kindergarten shall provide information to the parents or guardians of all children enrolled in kindergarten of this article and Section 120475. (b) Each county child health and disability prevention program shall reimburse school districts for information provided pursuant to this section. The Superintendent of Public Instruction may withhold state average daily attendance funds to any school district for any child for whom a certification or parental waiver is not obtained as required by Section 124085. SEC. 16. Section 124105 of the Health and Safety Code is amended to read: 124105. (a) This section shall be known and may be cited as the "Hughes Children's Health Enforcement Act." (b) The Legislature recognizes the importance of health to learning and to a successful academic career. The Legislature also recognizes the important role of schools in ensuring the health of pupils through health education and the maintenance of minimal health standards among the pupil population. Therefore, it is the intent of the Legislature that schools ensure that pupils receive a health screening before the end of the first grade. (c) The governing board of each school district shall exclude from school, for not more than five days, any first grade pupil who has not provided either a certificate or a waiver, as specified in Section 124085, on or before the 90th day after the pupil's entrance into the first grade. The exclusion shall commence with the 91st calendar day after the pupil's entrance into the first grade, unless school is not in session that day, then the exclusion shall commence on the next succeeding schoolday. A child shall not be excluded under this section if the pupil's parent or guardian provides to the district either a certificate or a waiver as specified in Section 124085. (d) The governing board of a school district may exempt any pupil from the exclusion described in subdivision (c) if, at least twice between the first day and the 90th day after the pupil's entrance into the first grade, the district has contacted the pupil's parent or guardian and the parent or guardian refuses to provide either a certificate or a waiver as specified in Section 124085. The number of exemptions from exclusion granted by a school district pursuant to this subdivision may not exceed 5 percent of a school district's first grade enrollment. It is the intent of the Legislature that exemptions from exclusion be used in extraordinary circumstances, including, but not limited to, family situations of great dysfunction or disruption, including substance abuse by parents or guardians, child abuse, or child neglect. (e) It is the intent of the Legislature that, upon a pupil's enrollment in kindergarten or first grade, the governing board of the school district notify the pupil's parent or guardian of the obligation to comply with Section 124085 and of the availability for low-income children of free health screening for up to 18 months prior to entry into first grade through the Child Health Disabilities Prevention Program. (f) It is the intent of the Legislature that school districts provide information to parents regarding the requirements of Section 124085 within the notification of immunization requirements. Moreover, the Legislature intends that the information sent to parents encourage parents to obtain health screenings simultaneously with immunizations. SEC. 17. Notwithstanding any other law, for purposes of calculating the amount of the state reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for the state-mandated local program imposed by increasing the science course requirement for graduation from one science course to two science courses (Sec. 94, Ch. 498, Stats. 1983), if the school district or county office submits a valid reimbursement claim for a new science facility, the reimbursement shall be reduced by the amount of state bond funds, if any, received by the school district or county office to construct the new science facility. SEC. 18. Notwithstanding any other law, the Commission on State Mandates shall, on or before December 31, 2005, reconsider its decision in 97-TC-21, relating to the School Accountability Report Card mandate, and its parameters and guidelines for calculating the state reimbursement for that mandate pursuant to Section 6 of Article XIII B of the California Constitution for each of the following statutes in light of federal statutes enacted and state court decisions rendered since these statutes were enacted: (a) Chapter 1463 of the Statutes of 1989. (b) Chapter 759 of the Statutes of 1992. (c) Chapter 1031 of the Statutes of 1993. (d) Chapter 824 of the Statutes of 1994. (e) Chapter 918 of the Statutes of 1997. SEC. 19. Notwithstanding any other law, the Commission on State Mandates shall, on or before December 31, 2005, reconsider its decision in 97-TC-23, relating to the Standardized Testing and Reporting (STAR) Program mandate, and its parameters and guidelines for calculating the state reimbursement for that mandate pursuant to Section 6 of Article XIII B of the California Constitution for each of the following statutes in light of federal statutes enacted and state court decisions rendered since these statutes were enacted: (a) Chapter 975 of the Statutes of 1995. (b) Chapter 828 of the Statutes of 1997. (c) Chapter 722 of the Statutes of 2001. (d) Chapter 576 of the Statutes of 2000.