BILL NUMBER: AB 251	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2011

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 3, 2011

   An act to add Section 52372.6 to, and to add and repeal Section
46308 of, the Education Code, relating to high schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 251, as amended, Fuentes. High schools: career technical
education.
   (1) Existing law defines a "multiple pathway program" as a
multiyear, comprehensive high school program of integrated academic
and technical study that ensures that all pupils have curriculum
choices that prepare them for career entry and a full range of
postsecondary options. Existing law requires the Superintendent of
Public Instruction, in conjunction with specified entities, to
develop a report on the feasibility of establishing and expanding
multiple pathway programs. Under existing law, multiple pathway
programs created for high schools include partnership academies,
regional occupational centers and programs, charter schools,
academies, small learning communities, and other career-themed small
schools.
   Existing law authorizes a school district that maintains a high
school to provide work experience education, as defined. Existing law
prohibits attendance in work experience classes or programs
maintained by a regional occupational center or program from
receiving apportionments from state funds based on average daily
attendance unless those classes or programs are in conformance with
specified standards  ,  and  it  limits the number
of hours of attendance per calendar week that a pupil enrolled in a
vocational education class using the cooperative vocational education
methodology conducted by a regional occupational center or program
 with that pupil  may be credited  with  .
   The bill, commencing with the 2012-13 school year and until
 the  July 1, 2018, would make a school district
with an integrated academic and workforce approach to high school
reform or a work-based learning initiative eligible to apply to
receive state funding based on minimum weekly attendance instead of
average daily attendance for pupils enrolled in its work-based
learning or multiple pathway programs, or both. The bill would
prohibit a school district and a high school from using minimum
weekly attendance to reduce the number of days instruction is offered
or that a pupil is required to be in attendance at school or a
work-based learning opportunity. The bill would require the school
district to report annually to the State Department of Education the
academic and workforce preparation progress of pupils enrolled in its
work-based learning or multiple pathway programs, or both. The bill
would require the Superintendent to determine the minimum number of
instructional hours per week that constitute weekly attendance 
in a specified manner  and to calculate a revenue limit for each
school district using  a   that  minimum
weekly attendance.
   (2) Existing law authorizes the governing board of a school
district or a county board of education, on a districtwide or
countywide basis or on behalf of one or more of its schools or
programs, after a public hearing on the matter, to request the State
Board of Education to waive all or part of any statute in the
Education Code or any regulation adopted by the state board that
implements a provision of that code except as specified.
   This bill would authorize the Superintendent, upon application of
a school district and for the operation of a multiple pathway
program, to waive any provisions of the Education Code, other than
those relating to earthquake safety.  The bill would place
specified reporting requirements on a school district as a condition
of   receiving that waiver and would authorize the
Superintendent to repeal a waiver if the school district is not
achieving specified progress. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 46308 is added to the Education Code, to read:
   46308.  (a) For purposes of this section the following terms have
the following meanings:
   (1) "Integrated academic and workforce approach to high school
reform" means a districtwide system of pathway programs pursuant to
Section 52372.5.
   (2) "Work-based learning initiative" means a districtwide
initiative to increase the delivery of quality work-based learning
pursuant to Section 51760.1.
   (b) In order to maximize classroom and workforce preparation
activities as well as  incorporate modified instructional
schedules, commencing with the 2012-13 school year, a school district
with an integrated academic and workforce approach to high school
reform or a work-based learning initiative is eligible to apply to
receive funding based on minimum weekly attendance instead of average
daily attendance for pupils enrolled in its work-based learning or
multiple pathway programs, or both.
   (c) A school district that is eligible to apply to receive funding
based on minimum weekly attendance instead of average daily
attendance shall submit an application to the Superintendent. The
application shall identify the high schools that will utilize a
minimum weekly attendance and include their instructional schedules.
   (d) A school district and a high school shall not use minimum
weekly attendance to reduce the number of days instruction is offered
or that a pupil is required to be in attendance at school or a
work-based learning opportunity.
   (e) As a condition of receiving funding based on minimum weekly
attendance, the school district shall report annually to the
department the academic and workforce preparation progress of pupils
enrolled in its work-based learning or multiple pathway programs, or
both. Indicators to measure that progress shall include, but are not
limited to, all of the following:
   (1) Graduation rates.
   (2) Scores from the standards-based  achievements
  achievement  tests administered pursuant to
Section 60640.
   (3) Passage rates on the high school exit examination.
   (4) Completion of career technical education courses.
   (5) Completion of courses required for admission to the University
of California and the California State University.
   (6) Completion of work-based learning opportunity courses.
   (7) Other indicators of academic and workforce preparation
success, including workforce preparation, training certificates,
increased matriculation into postsecondary educational or training
institutions, enrollment in apprenticeship programs, and other
measures as determined by the department.
   (f)  (1)    The Superintendent shall determine
the minimum number of instructional hours per week that constitute
weekly attendance and shall calculate a revenue limit for each school
district using  a   that  minimum weekly
attendance. 
   (2) The Superintendent shall determine the minimum weekly
attendance pursuant to paragraph (1) in a manner that allows pupils
to attend school less than 240 minutes per day, provided that pupils
do not attend school less than 1200 minutes per week. 
   (g) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 52372.6 is added to the Education Code, to read:
   52372.6.   (a)    Upon application of a school
district and for the operation of a multiple pathway program, the
Superintendent may waive any provisions of this code other than those
relating to earthquake safety. 
   (b) As a condition of receiving a waiver pursuant to subdivision
(a), the school district shall report every two years to the
Superintendent the academic and workforce preparation progress of
pupils enrolled in its multiple pathway programs. Indicators to
measure that progress shall include, but are not limited to, all of
the following:  
   (1) Graduation rates.
   (2) Scores from the standards-based achievement tests administered
pursuant to Section 60640.
   (3) Passage rates on the high school exit examination.
   (4) Completion of career technical education courses.
   (5) Completion of courses required for admission to the University
of California and the California State University.
   (6) Completion of work-based learning opportunity courses.
   (7) Other indicators of academic and workforce preparation
success, including workforce preparation, training certificates,
increased matriculation into postsecondary educational or training
institutions, enrollment in apprenticeship programs, and other
measures as determined by the department.
   (c) The Superintendent may repeal waivers granted pursuant to
subdivision (a) if he or she determines that a school district is not
achieving sufficient academic and workforce preparation progress for
pupils enrolled in its multiple pathway programs according to the
indicators measured pursuant to subdivision (b). The Superintendent
shall provide school districts with notification of his or her
decision to repeal a waiver at least 180 days prior to the effective
date of the repeal and shall allow the school district to appeal the
repeal decision. 
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