BILL NUMBER: AB 2395	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Walters

                        FEBRUARY 21, 2008

   An act to amend Sections 37252, 37252.2, 37252.8, and 37253 of the
Education Code, relating to pupil instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2395, as introduced, Walters. Supplemental instruction.
   Existing law requires the governing board of a school district
maintaining any of grades 7 to 12, inclusive, and authorizes a
charter school, to offer supplemental instructional programs for
pupils enrolled in those grades who do not demonstrate sufficient
progress toward passing the high school exit examination.
   Existing law requires the governing board of a school district
maintaining any of grades 2 to 9, inclusive, and authorizes a charter
school, to offer supplemental instructional programs to pupils who
are recommended for retention or retained.
   Existing law authorizes the governing board of a school district
and a charter school maintaining any of grades 2 to 6, inclusive, to
offer supplemental instruction to pupils identified as either being
at risk of retention or having a deficiency in mathematics, reading,
or written expression based on the results of a prescribed test.
   Existing law authorizes the governing board of a school district
and a charter school to offer supplemental instructional programs in
mathematics, science, or other core academic areas designated by the
Superintendent of Public Instruction.
   Existing law prohibits the supplemental instruction described
above from being provided during the regular schoolday.
   This bill would authorize supplemental instruction to be provided
during the regular schoolday.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 37252 of the Education Code is amended to read:

   37252.  (a) The governing board of each school district
maintaining any or all of grades 7 to 12, inclusive, shall offer, and
a charter school may offer, supplemental instructional programs for
pupils enrolled in grades 7 to 12, inclusive, who do not demonstrate
sufficient progress toward passing the exit examination required for
high school graduation pursuant to Chapter 8 (commencing with Section
60850) of Part 33.
   (b) Sufficient progress, as described in subdivision (a), shall be
determined on the basis of either of the following:
   (1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and
the minimum levels of proficiency recommended by the state board
pursuant to Section 60648.
   (2) The pupils' grades and other indicators of academic
achievement designated by the district.
   (c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Supplemental instruction may also be offered to a pupil who
was enrolled in grade 12 during the prior school year.
   (d) For  the  purposes of this section, pupils
who do not possess sufficient English language skills to be assessed,
as set forth in Sections 60850 and 60853, shall be considered pupils
who do not demonstrate sufficient progress towards passing the exit
examination required for high school graduation and shall receive
supplemental instruction designed to assist pupils to succeed on the
high school exit examination.
   (e)  Except as provided in subdivision (h), programs
  Programs  may be offered pursuant to this section
during the  regular schoolday, during the  summer, before
school, after school, on Saturday, or during intersession, or in
 any   a  combination of  the regular
schoolday,  summer, before school, after school, Saturday, or
intersession instruction  , but shall be in addition to the
regular schoolday  .  Any   A 
minor pupil whose parent or guardian informs the school district that
the pupil is unable to attend a Saturday school program for
religious reasons, or  any   a  pupil 18
years of age or older who states that he or she is unable to attend a
Saturday school program for religious reasons, shall be given
priority for enrollment in supplemental instruction offered at a time
other than Saturday  ,  over a pupil who is  not
unable   able  to attend a Saturday school program
 for religious reasons  .
   (f) A school district or charter school offering supplemental
instructional programs pursuant to this section shall receive funding
as described in Section 42239 and in the annual Budget Act.
   (g) Notwithstanding any other provision of law, neither the
 State Board of Education   state board 
nor the Superintendent  of Public Instruction  may
waive any provision of this section.
   (h) Funds received for supplemental instruction pursuant to this
section  may  also  may  be used to provide
intensive instruction and services to eligible pupils pursuant to
Section 37254.
  SEC. 2.  Section 37252.2 of the Education Code is amended to read:
   37252.2.  (a) The governing board of each school district
maintaining any or all of grades 2 to 9, inclusive, shall offer, and
a charter school may offer, programs of direct, systematic, and
intensive supplemental instruction to pupils enrolled in grades 2 to
9, inclusive, who have been recommended for retention or who have
been retained pursuant to Section 48070.5. A school district or
charter school may require a pupil who has been retained to
participate in supplemental instructional programs. Notwithstanding
the requirements of this section, the school district or charter
school shall provide a mechanism for a parent or guardian to decline
to enroll his or her child in the program. Attendance in supplemental
instructional programs shall not be compulsory within the meaning of
Section 48200.
   (b) Supplemental educational services pursuant to subdivision (a)
may be offered during the  regular schoolday, during the 
summer, before school, after school, on  Saturdays 
 Saturday  , or during intersession, or in a combination of
 the regular schoolday,  summer school, before school, after
school, Saturday, or intersession instruction.  Services
shall not be provided during the pupil's regular instructional day.
Any   A  minor pupil whose parent or guardian
informs the school district that the pupil is unable to attend a
Saturday school program for religious reasons, or  any
  a  pupil 18 years of age or older who states that
he or she is unable to attend a Saturday school program for
religious reasons, shall be given priority for enrollment in
supplemental instruction offered at a time other than Saturday, over
a pupil who is  not unable   able  to
attend a Saturday school program  for religious reasons
 .
   (c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Summer school instruction  may  also may
 be offered to pupils who were enrolled in grade 6 during the
prior school year. For  ninth grade  pupils  in
grade 9 who are  identified in subdivision (a), summer school
instruction  may  also  may  be offered to
pupils who were enrolled in grade 9 during the prior school year.
   (d) Each school district or charter school shall use results from
tests administered under the Standardized Testing and Reporting
Program, established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 or other evaluative criteria to
identify eligible pupils pursuant to subdivision (b).
   (e) An intensive remedial program in reading or written expression
offered pursuant to this section  shall  , as
needed,  shall  include instruction in phoneme awareness,
systematic explicit phonics and decoding, word attack skills,
spelling and vocabulary, explicit instruction of reading
comprehension, writing, and study skills.
   (f) Each school district or charter school shall seek the active
involvement of parents and classroom teachers in the development and
implementation of supplemental instructional programs provided
pursuant to this section.
   (g) It is the intent of the Legislature that  pupils
  a pupil  who  are   is 
at risk of failing to meet state adopted standards, or who 
are   is  at risk of retention, be identified as
early in the school year and as early in  their 
 his or her  school  careers   career
 as possible, and be provided the opportunity for supplemental
instruction sufficient to assist  them   him or
her  in attaining expected levels of academic achievement.
   (h) Notwithstanding any other provision of law, neither the
 State Board of Education   state board 
nor the Superintendent  of Public Instruction  may
waive any provision of this section. 
   (i) This section shall become operative on January 1, 2003.

  SEC. 3.  Section 37252.8 of the Education Code is amended to read:
   37252.8.  (a) The governing board of a school district and a
charter school maintaining any of grades 2 to 6, inclusive, may offer
programs of direct, systematic, and intensive supplemental
instruction to a pupil enrolled in grades 2 to 6, inclusive, who
meets either of the following criteria:
   (1) The pupil has been identified as having a deficiency in
mathematics, reading, or written expression based on the results of a
test administered under the Standardized Testing and Reporting
Program established pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33.
   (2) The pupil has been identified as being at risk of retention
pursuant to Section 48070.5.
   (b) Supplemental educational services offered pursuant to this
section may be offered during the  regular schoolday, during the
 summer, before school, after school, on  Saturdays
  Saturday  , or during intersession, or in a
combination of  the regular schoolday,  summer 
school  , before school, after school, Saturday, or
intersession instruction.  Services shall not be provided
during the regular instructional day of the pupil.  A minor
pupil whose parent or guardian informs the school district that the
pupil is unable to attend a Saturday school program for religious
reasons, or a pupil 18 years of age or older who states that he or
she is unable to attend a Saturday school program for religious
reasons, shall be given priority for enrollment in supplemental
instruction offered at a time other than Saturday, over a pupil who
is  not unable   able  to attend a Saturday
school program  for religious reasons  .
   (c) For purposes of this section, a pupil shall be considered to
be enrolled in a grade immediately upon completion of the preceding
grade. Summer school instruction  may  also  may
 be offered to a pupil who was enrolled in grade 6 during the
prior school year.
   (d) An intensive remedial program in reading or written expression
offered pursuant to this section  shall  , as
needed,  shall  include instruction in phoneme awareness,
systematic explicit phonics and decoding, word attack skills,
spelling and vocabulary, explicit instruction of reading
comprehension, writing, and study skills.
   (e) A school district or charter school shall seek the active
involvement of parents and classroom teachers in the development and
implementation of supplemental instructional programs provided
pursuant to this section.
   (f) It is the intent of the Legislature that a pupil who is at
risk of failing to meet state-adopted standards, or who is at risk of
retention, be identified as early in the school year, and as early
in his or her school  careers   career  as
possible and be provided the opportunity for supplemental instruction
sufficient to assist him or her in attaining expected levels of
academic achievement.
   (g) (1) A school district or charter school that offers
instruction pursuant to this section shall be entitled to receive
reimbursement in an amount up to 5 percent of the total enrollment of
the school district or charter school in grades 2 to 6, inclusive,
for the prior fiscal year multiplied by 120 hours, multiplied by the
hourly rate for the current fiscal year determined pursuant to
subdivision (b) of Section 42239.
   (2) The balance of the appropriation made for the purposes of
funding programs offered pursuant to this section to serve pupils in
grades 2 to 6, inclusive, shall be allocated for reimbursement of
pupil attendance in instruction pursuant to subdivision (a) that is
in excess of 5 percent, but not in excess of 7 percent, of the
enrollment of the school district or charter school for the prior
year in grades 2 to 6, inclusive, multiplied by 120 hours, multiplied
by the hourly rate for the current fiscal year determined pursuant
to subdivision (b) of Section 42239.
   (h) Notwithstanding any other provision of law, neither the
 State Board of Education   state board 
nor the Superintendent may waive any provision of this section.
  SEC. 4.  Section 37253 of the Education Code is amended to read:
   37253.  (a) The governing board of  any   a
 school district and a charter school may offer supplemental
instructional programs in mathematics, science, or other core
academic areas designated by the Superintendent  of Public
Instruction  .
   (b) The Superintendent  of Public Instruction 
shall adopt rules and regulations necessary to implement this
section, including, but not limited to, the designation of academic
areas other than mathematics and science as core academic areas.
   (c) (1) The maximum entitlement of a school district or charter
school for reimbursement for pupil hours of attendance in
supplemental instructional programs offered pursuant to this section
shall be an amount equal to 5 percent of the total enrollment of the
school district or charter school for the prior fiscal year
multiplied by 120 hours, multiplied by the hourly rate for the
current fiscal year, as determined pursuant to paragraph (2).
   (2) Pupil hours of attendance in supplemental instructional
programs offered pursuant to this section shall be reimbursed at a
rate of three dollars and fifty-three cents ($3.53) per pupil hour,
adjusted in the 2005-06 fiscal year and subsequent fiscal years as
specified in this paragraph, provided that a different reimbursement
rate may be specified for each fiscal year in the annual Budget Act
that appropriates funding for that fiscal year. This amount shall be
increased annually by the percentage increase pursuant to subdivision
(b) of Section 42238.1 granted to school districts or charter
schools for base revenue limit cost-of-living increases.
   (d) To the extent appropriated funding allows, a school district
or charter school may enroll more than 5 percent of its pupils, or
may enroll pupils for more than 120 hours per year, in supplemental
instructional programs offered pursuant to this section, if the total
state apportionment to the district or charter school for these
programs does not exceed an amount computed equal to 10 percent of
the total enrollment of the school district or charter school for the
prior fiscal year multiplied by 120 hours, multiplied by the hourly
rate for the current fiscal year, as determined pursuant to paragraph
(2) of subdivision (c).
   (e) Instructional programs may be offered pursuant to this section
during the  regular schoolday, during the  summer, before
school, after school, on Saturday, or during intersession, or in
 any   a  combination of  the regular
schoolday,  summer, before school, after school, Saturday, or
intersession instruction  , but shall be in addition to the
regular schoolday  .  Any   A 
minor pupil whose parent or guardian informs the school district that
the pupil is unable to attend a Saturday school program for
religious reasons, or  any   a  pupil 18
years of age or older who states that he or she is unable to attend a
Saturday school program for religious reasons, shall be given
priority for enrollment in supplemental instruction offered at a time
other than Saturday, over a pupil who is able to attend a Saturday
school program.
   (f) Notwithstanding any other law, neither the  State
Board of Education   state board  nor the
Superintendent  of Public Instruction  may waive
compliance with any provision of this section.