BILL NUMBER: AB 853	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 16, 2011
	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN SENATE  JUNE 20, 2011

INTRODUCED BY   Assembly  Member  
Blumenfield   Members   Fong   and
Huffman 
    (   Coauthors:  
Assembly Members   Beall,  
  Cook,     and
Garrick   ) 

                        FEBRUARY 17, 2011

    An act to amend Sections 41344.4, 46300, 46300.6,
46300.7, 51745.6, 51747, and 51747.3 of, and to add Sections 51745.2
and 51747.1 to, the Education Code, relating to schools. 
 An act to add Section 2021.5 to the Fish and Game Code, relating
to sharks. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 853, as amended,  Blumenfield   Fong 
.  Schools.   Sharks.  
   Existing law makes it unlawful to possess any bird, mammal, fish,
reptile, or amphibian, or parts thereof, taken in violation of any of
the provisions of the Fish and Game Code, or of any regulation made
under it.  
   This bill would create exemptions from a shark fin prohibition
proposed by AB 376. The bill would require the Ocean Protection
Council to submit an annual report to the Legislature that lists any
shark species that have been independently certified to meet
internationally accepted standards for sustainable seafood, as
provided. The provisions of the bill would become operative only if
AB 376 is enacted and takes effect on or before January 1, 2012.
 
   Existing law establishes the public elementary and secondary
school system in this state, and further establishes a funding system
pursuant to which the state apportions funds to local educational
agencies based on, among other factors, the average daily attendance
of pupils at the schools operated by those agencies. Numerous
statutes and regulations govern the calculation and reporting of
average daily attendance.  
   This bill, commencing with the 2011-12 school year, would
authorize, for purposes of computing average daily attendance, the
inclusion of pupils under the supervision and control of a
certificated employee of the school district or county office of
education who is delivering synchronous, online instruction, as
defined, provided that this instruction meets specified criteria. The
bill would require, if a school district or county office of
education elects to offer synchronous, online instruction, that the
school district or county office of education ensure that all pupils
who choose to enroll in an online course have access to the computer
hardware or software necessary for the pupil to participate in the
course.  
   Existing law authorizes the governing board of a school district
or a county office of education to offer independent study to meet
the educational needs of pupils in accordance with certain
requirements. Existing law requires, in computing the average daily
attendance of a school district, that there be included the
attendance of pupils participating in independent study for 5 or more
consecutive schooldays. Existing law prohibits a school district or
county office of education from receiving apportionments for
independent study unless it has adopted and implemented certain
policies.  
   The bill, commencing with the 2011-12 school year, would authorize
the governing board of a school district or a county office of
education to offer, as independent study, asynchronous, online
instruction, as defined in accordance with specified criteria. The
bill would require that if a school district or county office of
education elects to offer asynchronous, online instruction pursuant
to these provisions, that the school district or county office of
education ensure that all pupils who choose to enroll in an
asynchronous, online course have access to the computer hardware or
software necessary for the pupil to participate in the course.
 
   The bill would also modify the requirements relating to
apportionments for independent study, by requiring that there be, at
a minimum, biweekly contact between teachers and pupils, and basing a
pupil's continued participation in independent study on that pupil
making satisfactory educational progress, as defined. 

   Existing law requires that local educational agencies and county
boards of education be subject to financial and compliance audits, as
specified. Existing law authorizes the county superintendent of
schools to waive the requirement that a local educational agency
repay an apportionment based on an audit exception if specified
criteria are met.  
   This bill would authorize the Superintendent of Public Instruction
to waive the requirement that a county board of education repay an
apportionment based on an audit exception if specified criteria are
met. The bill also, for both local educational agencies and county
boards of education, would authorize the waiver of certain audit
exceptions relating to independent study, provided that these
exceptions are deemed to be minor and inadvertent.  

   The bill also would make technical, conforming, and clarifying
changes. 
   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 2021.5 is added to the 
 Fish and Game Code   , to read:  
   2021.5.  (a) Notwithstanding Section 2021, all of the following
provisions apply:
   (1) Any person who holds a license or permit issued by the
department to take or land sharks for recreational or commercial
purposes may possess, including for purposes of consumption or
taxidermy, or may donate to a person licensed or permitted pursuant
to Section 1002, a shark fin or fins consistent with that license or
permit.
   (2) Before July 1, 2013, any person may possess, sell, offer for
sale, trade, or distribute a shark fin possessed by that person, as
of January 1, 2012.
   (3) Nothing in Section 2021 prohibits the sale or possession of a
shark carcass, skin, or fin for taxidermy purposes pursuant to
Section 3087.
   (b) (1) The Ocean Protection Council shall submit an annual report
to the Legislature that lists any shark species that have been
independently certified to meet internationally accepted standards
for sustainable seafood, as defined in Section 35550 of the Public
Resources Code, and adopted by the Ocean Protection Council pursuant
to Section 35617 of the Public Resources Code, including chain of
custody standards.
   (2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.

   SEC. 2.    This act shall become operative only if
Assembly Bill 376 of the 2011-12 Regular Session is enacted and takes
effect on or before January 1, 2012.  All matter omitted in
this version of the bill appears in the bill as amended in the
Senate, August 16, 2011. (JR11)