BILL NUMBER: AB 2211	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2010
	PASSED THE ASSEMBLY  AUGUST 31, 2010
	AMENDED IN SENATE  AUGUST 19, 2010
	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2010

   An act to amend Sections 51760 and 60119 of, and to add Sections
51760.1 and 51760.2 to, the Education Code, relating to instruction,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2211, Fuentes. Instruction.
   (1) Existing law authorizes school districts that maintain high
schools to establish work experience programs for the purpose of
providing pupils with instruction in skills, attitudes, and
understandings necessary for success in employment.
   This bill would state the findings of the Legislature regarding
work-based learning, as defined. This bill would authorize school
districts that maintain high schools to establish work-based learning
programs, and to purchase liability insurance for pupils enrolled in
programs of study involving work-based learning, off school grounds.
The bill would authorize partnership academies, regional
occupational programs, and local educational agencies to deliver
work-based learning opportunities for pupils that may include work
experience education, community classrooms, cooperative career
technical education programs, and job shadowing experience, as
specified. The bill would authorize regional and local business
organizations, in conjunction with school districts and community
colleges, and any other representatives deemed appropriate, to
develop principles and guidelines for the establishment of work-based
learning programs.
   (2) Existing law requires that, in order to be eligible for
specified funds, a school district take steps to ensure that each
pupil in each school in the district has sufficient textbooks, as
defined.
   This bill would provide that for purposes of these provisions,
sufficient textbooks may include digital materials, as long as each
pupil has the ability to access the digital material at home and, at
a minimum, has the same content in class and to take home as all
other pupils in the same class or course in the district.
   This bill would declare that it is to take effect immediately as
an urgency statute.



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

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) Public secondary education prepares pupils for success after
high school, including further education and training without
remediation, productive employment with opportunities for
advancement, and civic participation.
   (b) Well-designed education programs intentionally combine
rigorous college preparatory education with demanding career
technical education, both of which are supported by high-quality
work-based learning and necessary support services that promote
success.
   (c) Work-based learning is an essential component of any
comprehensive educational program of study. It brings meaning and
relevance to the educational program.
   (d) Work-based learning offers opportunities to learn through
real-world experience. Pupils gain access to job shadowing,
mentorships, intensive internships, real or virtual apprenticeships,
and school-based enterprises. These experiences complement classroom
instruction and help sharpen the desire of pupils to increase
knowledge and skills that are relevant to their postsecondary and
career interests.
   (e) Work-based learning is currently provided to pupils through
existing programs, including, but not limited to, work experience,
cooperative vocational education, regional occupational programs, and
community classrooms.
   (f) High-quality work-based learning includes systematic attention
to the development of 21st century skills, such as communication,
problem solving, teamwork, project planning, and critical thinking.
   (g) Furthermore, work-based learning allows pupils to work side by
side with adult professionals who help instill professional
behavior, real-world expectations, a strong work ethic, the need for
ongoing learning, and a desire to achieve.
   (h) High-quality work-based learning experiences share the
following characteristics:
   (1) Prioritization of learning over work production.
   (2) Exposure to a wide range of career areas and worksites in
order to help youth make informed choices about education, training
options, and career pursuits.
   (3) Thoughtful placement of pupils into opportunities that are
evaluated for their safety, qualified supervision, and learning
opportunities.
   (4) Appropriate sequencing of experiences based upon the pupil's
age and maturity, ranging from site visits and tours, job shadowing,
unpaid and paid internships, and paid work experience.
   (5) Explicit aim to supplement, or systematically reinforce,
classroom instruction in technical courses, academic courses, or
both.
   (6) A trained workplace mentor who works in collaboration with a
classroom teacher to structure the learning at the worksite.
   (7) Built-in regular assessment and feedback.
   (8) Involvement of youth in choosing and structuring the
experience.
   (9) Clear and measurable learning outcomes.
   (i) Work-based learning may take many forms, including, but not
limited to, job shadowing, internships, work experience, community
classrooms, real or virtual apprenticeships, and school-based
enterprises.
  SEC. 2.  Section 51760 of the Education Code is amended to read:
   51760.  The governing board of a district maintaining a high
school may do all of the following:
   (a) Provide for the instruction of pupils in the skills,
attitudes, and understanding necessary to succeed in employment by
means of courses of work-based learning or work experience education
as provided in this article.
   (b) Provide for guidance and supervision procedures designed to
ensure maximum educational benefit to pupils from placement in
suitable work-based learning or work experience education courses.
   (c) Provide for arranging, approving, coordinating, and awarding
credit for work-based learning or work experience education courses,
and for those purposes employ instructors, coordinators, and other
necessary personnel.
   (d) Provide for the district to purchase liability insurance for
pupils enrolled in programs of study involving work experience, which
may include work-based learning, or vocational education at
locations off school grounds approved by the governing board, or
require pupils to purchase insurance and to pass on all or a portion
of the costs, at the discretion of the governing board, to the
district.
  SEC. 3.  Section 51760.1 is added to the Education Code, to read:
   51760.1.  (a) Consistent with the most recent state plan on career
technical education, work-based learning opportunities for pupils
may be delivered by partnership academies conducted pursuant to
Article 5 (commencing with Section 54690) of Chapter 9 of Part 29,
regional occupational programs, as defined in Section 52303, programs
established pursuant to Section 88532, and local educational
agencies, and may include, but are not limited to, work experience
education, as defined in Section 51764, community classrooms, as
defined in subdivision (c) of Section 52372.1, cooperative career
technical education programs, as defined in subdivision (b) of
Section 52372.1, and job shadowing experience, as defined in
subdivision (b) of Section 51769.
   (b) School districts and community colleges that receive funding
to provide career technical education programs pursuant to Section
52055.770 may include a work-based learning component in these
programs.
   (c) Notwithstanding any other law, school districts opting to
offer work-based learning opportunities to pupils enrolled in the
district shall ensure that, when applicable, pupils are afforded the
same statutory and regulatory safeguards as pupils in work experience
programs.
   (d) For purposes of this section, "work-based learning" means an
educational approach or instructional methodology that uses the
workplace or real work to provide pupils with the knowledge and
skills that will help them connect school experiences to real-life
work activities and future career opportunities. When feasible,
work-based learning should be an integral part of a more
comprehensive program that integrates academic courses and career
technical education.
   (e) High-quality work-based learning may include, but is not
limited to, any of the following:
   (1) Emphasis on learning in the workplace.
   (2) Exposure to a wide range of career areas and worksites in
order to help youth make informed choices about education, training
options, and career pursuits.
   (3) Thoughtful placement of pupils into opportunities that are
evaluated for their safety, qualified supervision, and learning
opportunities.
   (4) Appropriate sequencing of experiences based upon the pupil's
age and maturity, ranging from site visits and tours, job shadowing,
unpaid and paid internships, and paid work experience.
   (5) Explicit aim to supplement, or systematically reinforce,
classroom instruction in technical courses, academic courses, or
both.
   (6) Systematic attention to the development of 21st century
skills, such as communication, problem solving, teamwork, project
planning, and critical thinking.
   (7) A trained mentor who structures the learning at the worksite.
   (8) Coordination between the classroom teacher and the workplace
mentor or supervisor.
   (9) Built-in regular assessment and feedback.
   (10) Involvement of youth in choosing and structuring the
experience.
   (11) Clear and measurable learning outcomes.
   (f) School districts are encouraged to work with local workforce
investment board youth councils and workforce investment boards to
maximize the use of available resources for youth employment
opportunities by coordinating work-based learning opportunities and
facilitating work-based learning regional planning.
  SEC. 4.  Section 51760.2 is added to the Education Code, to read:
   51760.2.  Regional and local business organizations, in
conjunction with school districts and community colleges, and any
other representatives deemed appropriate, including, but not limited
to, industry representatives, research centers, and parents, may
develop principles and guidelines for the establishment of work-based
learning programs. If these organizations develop principles and
guidelines pursuant to this section, both of the following shall
occur:
   (a) The organizations shall consider existing guidelines or
regulations relative to the programs described in subdivision (a) of
Section 51760.1, the state's most recent career technical education
plan, and the most current academic and career technical education
standards adopted by the state board.
   (b) The guidelines shall include specific guidance to school
districts and community colleges on ensuring that a pupil's workplace
learning opportunities are linked directly to academic learning
objectives and provide the necessary skills for the pupil to use in
future employment or postsecondary education opportunities.
  SEC. 5.  Section 60119 of the Education Code is amended to read:
   60119.  (a) In order to be eligible to receive funds available for
the purposes of this article, the governing board of a school
district shall take the following actions:
   (1) (A) The governing board shall hold a public hearing or
hearings at which the governing board shall encourage participation
by parents, teachers, members of the community interested in the
affairs of the school district, and bargaining unit leaders, and
shall make a determination, through a resolution, as to whether each
pupil in each school in the district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 in each of the following
subjects, as appropriate, that are consistent with the content and
cycles of the curriculum framework adopted by the state board:
   (i) Mathematics.
   (ii) Science.
   (iii) History-social science.
   (iv) English/language arts, including the English language
development component of an adopted program.
   (B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
   (C) As part of the hearing required pursuant to this section, the
governing board also shall make a written determination as to whether
each pupil enrolled in a foreign language or health course has
sufficient textbooks or instructional materials that are consistent
with the content and cycles of the curriculum frameworks adopted by
the state board for those subjects. The governing board also shall
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.
   (2) (A) If the governing board determines that there are
insufficient textbooks or instructional materials, or both, the
governing board shall provide information to classroom teachers and
to the public setting forth, in the resolution, for each school in
which an insufficiency exists, the percentage of pupils who lack
sufficient standards-aligned textbooks or instructional materials in
each subject area and the reasons that each pupil does not have
sufficient textbooks or instructional materials, or both, and take
any action, except an action that would require reimbursement by the
Commission on State Mandates, to ensure that each pupil has
sufficient textbooks or instructional materials, or both, within two
months of the beginning of the school year in which the determination
is made.
   (B) In carrying out subparagraph (A), the governing board may use
money in any of the following funds:
   (i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any funds allocated to
school districts that have been appropriated in the annual Budget
Act.
   (ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
   (iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
   (b) The governing board shall provide 10 days' notice of the
public hearing or hearings set forth in subdivision (a). The notice
shall contain the time, place, and purpose of the hearing and shall
be posted in three public places in the school district. The hearing
shall be held at a time that will encourage the attendance of
teachers and parents and guardians of pupils who attend the schools
in the district and shall not take place during or immediately
following school hours.
   (c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home. This paragraph
does not require two sets of textbooks or instructional materials for
each pupil. The materials may be in a digital format as long as each
pupil, at a minimum, has and can access the same materials in the
class and to take home, as all other pupils in the same class or
course in the district and has the ability to use and access them at
home.
   (2) Sufficient textbooks or instructional materials as defined in
paragraph (1), does not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address a
shortage.
   (d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.
  SEC. 6.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   Because of current economic conditions and lack of education
funding, public and private partnerships are necessary for pupils to
learn relevant skills inside and outside the classroom and because
work-based learning has proven to engage pupils very effectively in
preparation for higher education and the workplace, it is necessary
that this act take effect immediately.