BILL NUMBER: SB 1442	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2008

INTRODUCED BY   Senator Wiggins
    (   Coauthor:   Senator   Wyland
  ) 
    (   Coauthors:   Assembly Members 
 Dymally   and Horton   ) 

                        FEBRUARY 21, 2008

   An act to amend Sections 37252 and 37252.2 of the Education Code,
relating to pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1442, as amended, Wiggins. Pupils: supplemental instruction
programs.
   (1) 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.
   This bill would authorize  schools   a school
district or charter school  offering these programs to offer
courses that integrate core curriculum with project-based learning,
including, but not limited to, courses in career technical education.

   (2) 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.
   This bill would authorize these supplemental instructional
programs to include courses that integrate core curriculum with
project-based learning, including, but not limited to, courses in
career technical education.
   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 9 (commencing with Section
60850) of Part 33 of Division 4 of Title 2.
   (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 of
Division 4 of Title 2 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 also may be offered to a pupil who
was enrolled in grade 12 during the prior school year.
   (d) For 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 toward 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 may be offered
pursuant to this section during the summer, before school, after
school, on Saturday, or during intersession, or in any combination of
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 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 to attend a
Saturday school program for religious reasons.
   (f) A school  district or charter school  offering
supplemental  instruction   instructional 
programs pursuant to this section may offer programs that integrate
core curriculum with project-based learning, including, but not
limited to, courses in career technical education.
   (g) 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.
   (h) Notwithstanding any other provision of law, neither the state
board nor the Superintendent may waive any provision of this section.

   (i) Funds received for supplemental instruction pursuant to this
section 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  
a  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 summer, before school, after school, on
Saturdays, or during intersession, or in a combination of summer
school, before school, after school, Saturday, or intersession
instruction. Services shall not be provided during the pupil's
regular instructional day. 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 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 also may be offered to pupils who
were enrolled in grade 6 during the prior school year. For 
ninth grade   grade 9  pupils identified in
subdivision (a), summer school instruction 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 of Division 4 of Title 2 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 include, as needed,
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. A school  district or charter school
 offering supplemental  instruction  
instructional  programs pursuant to this section may offer
programs that integrate core curriculum with project-based learning,
including, but not limited to, courses in career technical education.

   (g) It is the intent of the Legislature that pupils who are at
risk of failing to meet state adopted standards, or who are at risk
of retention, be identified as early in the school year and as early
in their school careers as possible, and be provided the opportunity
for supplemental instruction sufficient to assist them in attaining
expected levels of academic achievement.
   (h) Notwithstanding any other provision of law, neither the state
board nor the Superintendent may waive any provision of this section.