BILL NUMBER: AB 347 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MAY 10, 2007
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Nava
FEBRUARY 14, 2007
An act to amend Sections 35186, 37254, 52378, and 52380 of the
Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 347, as amended, Nava. Pupils: high school exit examination:
intensive instruction and services.
(1) Existing law requires each pupil completing grade 12 to
successfully pass the high school exit examination as a condition of
receiving a diploma of graduation or a condition of graduation from
high school.
Existing law provides specified funding for eligible pupils, as
defined, who are required to pass the high school exit examination,
to be used for intensive instruction and services for those pupils,
and provides for the allocation of those funds, based on a per pupil
rate calculation, to schools. As a condition of receiving funding, a
school district is required to accomplish certain matters, including,
among other things, ensure that each eligible pupil receives an
appropriate diagnostic assessment to identify that pupil's areas of
need.
This bill, among other things, would revise the definition of
"eligible pupil" to include pupils who have not passed one or both
parts of the high school exit examination within 2 consecutive
academic years of completion of grade 12, revise the calculation for
determining the per pupil rate for purposes of funding,
authorize the receipt of intensive instruction and services on
Saturdays, evenings, or at a time and location deemed appropriate by
the school district for pupils who have not passed one or both parts
of the exit examination within 2 consecutive academic years of
completion of grade 12, require a school district to accomplish
additional matters relating to pupils who have not passed one or
both parts of the exit examination by the end of grade 12, and
require the State Department of Education to use a certain existing
monitoring process to monitor compliance with the requirement to
permit pupils who have not passed one or both parts of the exit
examination by the end of grade 12 to be provided with intensive
instruction and services, and to provide written notification to a
school district that fails to comply with certain provisions.
(2) Existing law requires a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to instructional materials, emergency or urgent facilities
conditions that pose a threat to the health and safety of pupils or
staff, and teacher vacancy or misassignment. A notice regarding the
appropriate subjects of a complaint is required to be posted in each
classroom in each school in the school district and a complaint
regarding those deficiencies is required to be filed with the
principal of the school or his or her designee.
This bill also would require a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to intensive instruction and services provided to pupils who
have not passed one or both parts of the high school exit examination
after the completion of grade 12. The bill would also require the
notice, for certain classrooms, to include certain information about
the entitlement to receive the intensive instruction and services,
and would require a complaint regarding any deficiency related to
intensive instruction and services to be submitted to the district
official designated by the district superintendent. By imposing
additional duties on school districts, this bill would impose a
state-mandated local program.
(3) Existing law establishes the Middle and High School
Supplemental Counseling Program and requires the governing board of a
school district that maintains any of grades 7 to 12, inclusive, as
a condition of receiving funds appropriated for purposes of that
program, to adopt a counseling program at a public meeting that
includes, among other things, a provision for a counselor to meet
with each pupil, as specified, to explain the academic and deportment
records of the pupil, his or her educational options, the coursework
and academic progress needed for satisfactory completion of middle
or high school, passage of the high school exit examination, and the
availability of career technical education. In addition to these
counseling services, a school district is required to identify
certain pupils, such as those at risk of not graduating with the rest
of their class, and to require its schools to provide certain
assistance in developing a list of coursework and experience. As a
further condition of receipt of funds, a school district is required
to submit an annual report that describes certain matters, including
the number and percentage of pupils who participated in conferences
and who fail to pass one or both sections of the high school exit
examination.
This bill also would require the counselor to explain the
availability of intensive instruction and services options for up to
2 consecutive academic years after the completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first, for those pupils who have not
passed one or both parts of the exit examination by the end of grade
12. The bill also would require a school district, for the identified
pupils, to inform a pupil who has not passed one or both parts of
the high school exit examination of the option of intensive
instruction and services. The bill would require the report to also
contain an assurance that the school district has complied with the
provision that requires a school counselor to apprise a pupil of
certain information during an individual conference.
(4) This bill would make other technical, nonsubstantive changes
to existing law.
(5) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35186 of the Education Code is amended to
read:
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Title 5 of the California Code of Regulations, with
modifications, as necessary, to help identify and resolve any
deficiencies related to instructional materials, emergency or urgent
facilities conditions that pose a threat to the health and safety of
pupils or staff, teacher vacancy or misassignment, and intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) Except as provided pursuant to paragraph (4), a complaint
shall be filed with the principal of the school or his or her
designee. A complaint about problems beyond the authority of the
school principal shall be forwarded in a timely manner but not to
exceed 10 working days to the appropriate school district official
for resolution.
(4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
(5) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
SEC. 2. Section 37254 of the Education Code is amended to read:
37254. (a) For purposes of this section, "eligible pupil" means a
pupil who is required to pass the California High School Exit
Examination for high school graduation pursuant to Chapter 8
(commencing with Section 60850) of Part 33, and who has failed one or
both parts of that examination, including pupils who have not passed
one or both parts of the examination within two consecutive academic
years of completion of grade 12.
(b) (1) From the funds appropriated for purposes of this section
in the annual Budget Act or other statute, the Superintendent shall
determine a per pupil rate of funding by dividing the total amount of
funds appropriated for purposes of this section by the number of
eligible pupils in grade 12 and the number of pupils who have not
passed the high school exit examination within two consecutive
academic years of completion of grade 12 reported by school districts
in accordance with paragraph (7) of subdivision (d). The
Superintendent shall then apportion to each school district an amount
equal to the per pupil rate determined pursuant to this paragraph
multiplied by the number of eligible grade 12 pupils and the number
of pupils who have not passed both parts of the high school exit
examination within two consecutive academic years of completion of
grade 12 reported pursuant to paragraph (7) of subdivision (d).
(2) If funds appropriated for purposes of paragraph (1) are not
exhausted after the apportionment pursuant to paragraph (1) is made,
the Superintendent shall determine a per pupil rate of funding for
eligible pupils in grade 11 by dividing the total amount of funds
appropriated for purposes of this section remaining after the
apportionment pursuant to paragraph (1) has been made by dividing the
total number of eligible pupils in grade 11 reported by school
districts in accordance with paragraph (7) of subdivision (d). The
Superintendent shall apportion to each school district an amount
equal to the per pupil rate determined pursuant to this paragraph
multiplied by the number of eligible grade 11 pupils reported
pursuant to paragraph (7) of subdivision (d).
(3) The maximum per pupil rate of funding shall not exceed five
hundred dollars ($500) and shall be increased annually by the
percentage determined in paragraph (2) of subdivision (b) of Section
42238.1
(c) (1) The funds described in subdivision (b) shall be used to
provide intensive instruction and services designed to help eligible
pupils pass the California High School Exit Examination.
(2) Intensive instruction and services may be provided during the
regular schoolday provided that they do not supplant the instruction
of the pupil in the core curriculum areas as defined in paragraph (5)
of subdivision (a) of Section 60603, or physical education
instruction. Pupils who have not passed one or both parts of the
high school exit examination within two consecutive academic years
of completion of grade 12 may receive intensive instruction and
services on Saturdays, evenings, or at a time and location deemed
appropriate by the school district in order to meet the needs of
these pupils.
(3) Intensive instruction and services may include, but are not
limited to, all of the following:
(A) Individual or small group instruction.
(B) The hiring of additional teachers.
(C) Purchasing, scoring, and reviewing diagnostic assessments.
(D) Counseling.
(E) Designing instruction to meet specific needs of eligible
pupils.
(F) Appropriate teacher training to meet the needs of eligible
pupils.
(G) Instruction in English language arts or mathematics, or both,
that eligible pupils need to pass those parts of the high school exit
examination not yet passed. A school district may employ
different intensive instruction and services strategies more aligned
to the needs and circumstances of pupils who have not
passed one or both parts of the high school exit examination within
two consecutive academic years of completion of grade 12 as compared
to grade 12 pupils with similar needs in a comprehensive high school
of the district.
(d) As a condition of receiving funds pursuant to subdivision (c),
the school district shall accomplish all of the following:
(1) Ensure that each eligible pupil receives an appropriate
diagnostic assessment to identify that pupil's areas of need.
(2) Ensure that each pupil receives intensive instruction and
services based on the results of the diagnostic assessment, and prior
results on the high school exit examination.
(3) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 are
notified in writing at the last known address before the end of each
school term of the availability of the services in sufficient time to
register for or avail themselves of those services each term for two
consecutive academic years thereafter and are notified of the right
of a pupil to file a complaint regarding those services as set forth
in Section 35186. In addition to notifying the pupil, or his or her
parent or legal guardian if the pupil is under the age of 18, in
writing, the notice shall be posted in the school office and district
office and on the Internet Web site of the school district, if
applicable. The notice shall comply with the translation requirements
of Section 48985.
(4) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 have the
opportunity to receive intensive instruction and services as needed
based on the results of the diagnostic assessment and prior results
on the high school exit examination, as specified in paragraph (2),
for up to two consecutive academic years after completion of grade 12
or until the pupil has passed both parts of the high school exit
examination, whichever comes first. This instruction shall
be comparable to that provided to grades 9 to 12, inclusive, pupils
of similar needs who are receiving intensive instruction and services
in a comprehensive high school of the district, by ensuring that the
intensive instruction and services are provided by instructors with
comparable levels of experience or qualification, consists of
comparable amounts of instructional time, and provides access to
comparable instructional materials. In determining where to offer
remediation, a school district shall consider whether the location is
accessible to eligible pupils. A school district may employ
different intensive instruction and services strategies more aligned
to the needs and circumstances of these pupils as compared to grade
12 pupils with similar needs in a comprehensive high school of the
district. A school district shall employ strategies
for intensive instruction and services that are most likely to result
in these pupils passing the parts of the high school exit
examination that they have not yet passed.
(5) Ensure that all English learners who have not passed one or
both parts of the high school exit examination by the end of grade 12
have the opportunity to receive intensive instruction and services
provided under paragraph (3) of subdivision (c) that also shall
include services to improve English proficiency as needed based on
the results of the diagnostic assessment and prior results on the
high school exit examination, as specified in paragraph (2), to pass
those parts of the high school exit examination not yet passed, for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first. Those services shall be
comparable to that provided to grades 9 to 12, inclusive, pupils of
similar needs who are receiving services to improve English
proficiency in a comprehensive high school of the district, by
ensuring that the intensive instruction and services are provided by
instructors with comparable levels of experience or qualification,
consists of comparable amounts of instructional time, and provides
access to comparable instructional materials. A school
district shall employ strategies for intensive instruction and
services that are most likely to result in these pupils passing the
parts of the high school exit examination that they have not yet
passed.
(6) Demonstrate that funds will be used to supplement and not
supplant existing services.
(7) Provide to the Superintendent, in a manner and by a date
certain determined by the Superintendent, the number of eligible
pupils at each high school in the school district.
(8) Submit an annual report to the Superintendent in a manner
determined by the Superintendent that describes the manner and
frequency in which eligible pupils were notified of the intensive
instruction and services provided, the number of pupils served for
each type of service provided, and the number of pupils in the school
district who successfully pass the high school exit examination by
each type of service provided.
(e) The department shall use the Categorical Program Monitoring
process set forth in subdivision (b) of Section 64001 to monitor
compliance with the requirement to permit pupils who have not passed
one or both parts of the high school exit examination by the end of
grade 12 to be provided with intensive instruction and services. If
the department determines that a school district has failed to comply
with paragraphs (4) and (5) of subdivision (d), the department shall
notify the district in writing of its failure to comply.
SEC. 3. Section 52378 of the Education Code is amended to read:
52378. The Middle and High School Supplemental Counseling Program
is hereby established for the purpose of providing additional
counseling services to pupils in grades 7 to 12, inclusive. As a
condition of receiving funds, the governing board of each school
district maintaining any of grades 7 to 12, inclusive, shall do all
of the following:
(a) The program shall be adopted at a public meeting of the
governing board and shall include all of the following:
(1) A provision for individualized review of the pupil's academic
and deportment records.
(2) A provision for a counselor to meet with each pupil and if
practicable, the parents or legal guardian of the pupil, to explain
the academic and deportment records of the pupil, his or her
educational options, the coursework and academic progress needed for
satisfactory completion of middle or high school, passage of the high
school exit examination, the availability of intensive instruction
and services options for up to two consecutive academic years after
the completion of grade 12 or until the pupil has passed both parts
of the high school exit examination, whichever comes first, for those
pupils who have not passed one or both parts of the high school exit
examination by the end of grade 12, and the availability of career
technical education. The educational options explained at the
meeting, if services are available, shall include college preparatory
program and vocational programs, including regional occupational
centers and programs and any other alternatives available to pupils
within the district.
(b) In addition to the counseling services described in
subdivision (a), school districts shall identify pupils who are at
risk of not graduating with the rest of their class, are not earning
credits at a rate that will enable them to pass the high school exit
examination, or do not have sufficient training to allow them to
fully engage in their chosen career, and shall do all of the
following:
(1) Require each school within its jurisdiction that enrolls
pupils in grades 10 and 12 to develop a list of coursework and
experience necessary to assist each pupil in their respective grade
that has not passed one or both parts of the high school exit
examination and to successfully transition to postsecondary education
or employment.
(2) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 who is deemed to be at the
far below basic level in English language arts or mathematics
pursuant to California Standards Tests administered to pupils in
grade 6 to successfully transition to high school and meet all
graduation requirements, including passing the high school exit
examination.
(3) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
(4) Inform the pupil who has not passed one or both parts of the
high school exit examination of the option of intensive instruction
and services.
(c) (1) In addition to the items identified in subdivision (b),
the list of coursework and experience for a pupil enrolled in grade
12 shall include options for continuing his or her education if he or
she fails to meet graduation requirements. These options shall
include, but not be limited to, all of the following:
(A) Enrolling in an adult education program.
(B) Enrolling in a community college.
(C) Continuing enrollment in the pupil's school district.
(D) Continuing to receive intensive instruction and services for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first.
(2) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
(d) As a condition of receipt of funds pursuant to this article, a
school district shall require each school within its jurisdiction to
offer and schedule an individual conference with each pupil,
identified in paragraphs (1) and (2) of subdivision (b), and his or
her parent or legal guardian, and a school counselor. The individual
conference shall be scheduled, to the extent feasible, according to
the following requirements:
(1) For a pupil enrolled in grade 7, the conference shall occur
before January of that school year in which the pupil is enrolled in
grade 7.
(2) For a pupil enrolled in grade 10, the conference shall occur
between the spring of that school year in which the pupil is enrolled
in grade 10 and the fall of the following school year in which the
pupil would be enrolled in grade 11. For the 2006-07 school year, the
conference shall occur on or before December 31, 2006.
(3) For a pupil enrolled in grade 12, the conference shall occur
after November of that school year in which the pupil is enrolled in
grade 12, but before March of the same school year.
(e) During the individual conference described in subdivision (d),
the school counselor shall apprise the pupil identified in
paragraphs (1) and (2) of subdivision (b), and his or her parent or
legal guardian of the following:
(1) Consequences of not passing the high school exit examination.
(2) Programs, courses, and career technical education options
available for pupils needed for satisfactory completion of middle or
high school.
(3) Cumulative records and transcripts of the pupil.
(4) Performance on standardized and diagnostic assessments of the
pupil.
(5) Remediation strategies, high school courses, and alternative
education options available to the pupil, including, but not limited
to, informing pupils of the option to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first.
(6) Information on postsecondary education and training.
(7) The pupil's score on the English language arts or mathematics
portion of the California Standards Test administered in grade 6, as
applicable.
SEC. 4. Section 52380 of the Education Code is amended to read:
52380. As a condition of receipt of funds pursuant to this
chapter, a school district shall submit an annual report in a manner
determined by the Superintendent that describes the number of pupils
served, the number of school counselors involved in conferences, the
number and percentage of pupils who participated in conferences and
who successfully pass the high school exit examination, and the
number and percentage of pupils who participated in conferences and
who fail to pass one or both sections of the exit examination, and a
summary of the most prevalent results for pupils based on the
graduation plans developed pursuant to this chapter. The report also
shall contain an assurance that the school district has complied with
subdivision (e) of Section 52378.
SEC. 5. 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.