BILL NUMBER: AB 1575	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2012
	AMENDED IN ASSEMBLY  MAY 30, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012

INTRODUCED BY   Assembly Member Lara
   (Coauthor: Assembly Member John A. Pérez)
    (   Coauthor:   Senator  
Lowenthal   ) 

                        FEBRUARY 1, 2012

   An act to  amend Section 35186 of, and to  add
Article 5.5 (commencing with Section 49010) to Chapter 6 of Part 27
of Division 4 of Title 2 of  ,  the Education Code,
and to amend Section 905 of the Government Code, relating to pupil
fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1575, as amended, Lara. Pupil fees.
   (1) Existing law requires the Legislature to provide for a system
of common schools by which a free school is required to be kept up
and supported in each district. Existing law prohibits a pupil
enrolled in school from being required to pay a fee, deposit, or
other charge not specifically authorized by law.
   This bill would prohibit a pupil enrolled in a public school from
being required to pay a pupil fee, as defined, for participation in
an educational activity, as defined, as specified. The bill would
provide that this prohibition is not to be interpreted to prohibit
solicitation of voluntary donations, voluntary participation in
fundraising activities, or school districts, schools, and other
entities from providing pupils prizes or other recognition for
voluntarily participating in fundraising activities. The bill would
specify that these provisions apply to all public schools, including,
but not limited to, charter schools and alternative schools, are
declarative of existing law, and should not be interpreted to
prohibit the imposition of a fee, deposit, or other charge otherwise
allowed by law.
   The bill would require the State Department of Education,
commencing with the 2014-15 fiscal year, and every 3 years
thereafter, to develop and distribute guidance for county 
and district  superintendents of schools  , district
superintendents,  and charter school administrators regarding
the imposition of pupil fees for participation in educational
activities in public schools. The bill would require the department
to post the guidance on its Internet Web site and would provide that
the guidance does not constitute a regulation subject to specified
law. 
   (2) Existing law requires a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to instructional materials, emergency or urgent facilities
conditions that pose a threat to the health and safety of pupils or
staff, teacher vacancy or misassignment, and intensive instruction
and services provided to pupils who have not passed one or both parts
of the high school exit examination after the completion of grade
12. Existing law provides certain complainants the right to file an
appeal to the Superintendent of Public Instruction, who is required
to provide a written report to the State Board of Education that
describes the basis for the complaint and, as appropriate, proposes a
remedy. A notice regarding the appropriate subjects of a complaint
is required to be posted in each classroom in each school in the
school district and a complaint regarding those deficiencies is
required to be filed with the principal of the school or his or her
designee, except as specified.  
   This bill also would require a school district and a charter
school to use its uniform complaint process to help identify and
resolve any deficiencies related to the imposition of pupil fees for
participation in educational activities, as those terms are defined.
The bill also would provide persons with a complaint regarding the
imposition of pupil fees the right to file an appeal to the
Superintendent and would require the Superintendent to provide the
written report to the state board and the complainant no later than
30 working days after the appeal was received by the Superintendent.
If the report finds a violation, the bill would require the
Superintendent to require the offending school district, charter
school, or school to fully reimburse all affected pupils, parents, or
guardians. The bill also would require the classroom notice to
include certain information about the prohibition against charging
pupil fees for participation in educational activities. The bill
would require a school district, county office of education, and
charter school to establish local policies and procedures, post
notices, and implement the uniform complaint process provisions
regarding the imposition of pupil fees for participation in
educational activities by March 1, 2013. By imposing additional
duties on local educational agencies, this bill would impose a
state-mandated local program.  
   (2) Existing regulations establish uniform complaint procedures
that require each local educational agency to adopt policies and
procedures for the investigation and resolution of complaints
regarding violations of state and federal laws and regulations
governing educational programs.  
   This bill would authorize a complaint of noncompliance with the
provisions of this bill to be filed with the principal of a school
under those uniform complaint procedures. The bill would authorize a
complaint to be filed anonymously if specified circumstances exist.
The bill would authorize a complainant not satisfied with a public
school's decision to appeal that decision to the State Department of
Education and receive a written appeal decision within 60 days of the
department's receipt of the appeal. If merit is found in either the
complaint or appeal, the bill would require the public school to
provide a remedy to all affected pupils, parents, and guardians that,
where applicable, includes reasonable efforts by the public school
to ensure full reimbursement. The bill would require information
regarding the requirements of this bill to be included in a specified
annual notification. The bill would require public schools to
establish local policies and procedures to implement these complaint
procedures by March 1, 2013. By imposing new requirements on local
educational agencies, the bill would impose a state-mandated local
program. 
   (3) Existing law excepts certain claims from the requirement that
all claims for money or damages against local public entities be
presented in accordance with specified law.
   This bill would additionally except specified claims for
reimbursement of pupil fees for participation in educational
activities.
   (4)  The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 35186 of the Education Code
is amended to read:
   35186.  (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations, with modifications, as necessary, to help identify and
resolve any deficiencies related to instructional materials,
emergency or urgent facilities conditions that pose a threat to the
health and safety of pupils or staff, teacher vacancy or
misassignment, intensive instruction and services provided pursuant
to Section 37254 to pupils who have not passed one or both parts of
the high school exit examination after the completion of grade 12,
and the imposition of pupil fees for participation in educational
activities. A charter school shall use the uniform complaint process
it has adopted as required by Chapter 5.1 (commencing with Section
4600) of Division 1 of Title 5 of the California Code of Regulations,
with modifications, as necessary, to help identify and resolve any
deficiencies related to the imposition of pupil fees for
participation in educational activities.
   (1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
   (2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
   (3) Except as provided pursuant to paragraph (4), a complaint
shall be filed with the principal of the school or his or her
designee. A complaint about problems beyond the authority of the
school principal shall be forwarded in a timely manner but not to
exceed 10 working days to the appropriate school district or charter
school official for resolution.
   (4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
   (b) The principal or the designee of the district superintendent
or charter school, as applicable, shall make all reasonable efforts
to investigate any problem within his or her authority. The principal
or designee of the district superintendent or charter school shall
remedy a valid complaint within a reasonable time period but not to
exceed 30 working days from the date the complaint was received. The
principal or designee of the district superintendent or charter
school shall report to the complainant the resolution of the
complaint within 45 working days of the initial filing. If the
principal makes this report, the principal shall also report the same
information in the same timeframe to the designee of the district
superintendent or charter school.
   (c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent or charter
school has the right to describe the complaint to the governing board
of the school district or the governing body of the charter school
at a regularly scheduled hearing of the governing board or body. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, or complaints involving the
imposition of pupil fees for participation in educational activities,
a complainant who is not satisfied with the resolution proffered by
the principal or the designee of the district superintendent or
charter school has the right to file an appeal to the Superintendent,
who shall provide a written report to the state board and the
complainant no later than 30 working days after the date the appeal
was received by the Superintendent describing the basis for the
complaint and, as appropriate, a proposed remedy for the issue
described in the complaint. If the report finds that a school
district, charter school, or school has unlawfully imposed a pupil
fee for participation in educational activities, the Superintendent
shall require the school district, charter school, or school to fully
reimburse all affected pupils, parents, or guardians.
   (d) A school district or charter school shall report summarized
data on the nature and resolution of all complaints on a quarterly
basis to the county superintendent of schools and the governing board
of the school district or the governing body of the charter school.
The summaries shall be publicly reported on a quarterly basis at a
regularly scheduled meeting of the governing board of the school
district or the governing body of the charter school. The report
shall include the number of complaints by general subject area with
the number of resolved and unresolved complaints. The complaints and
written responses shall be available as public records.
   (e) The procedure required pursuant to this section is intended to
address all of the following in school districts, and the complaints
described in paragraph (5) in charter schools:
   (1) A complaint related to instructional materials as follows:
   (A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
   (B) A pupil does not have access to instructional materials to use
at home or after school.
   (C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
   (2) A complaint related to teacher vacancy or misassignment as
follows:
   (A) A semester begins and a teacher vacancy exists.
   (B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
   (C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
   (3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
   (4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
   (5) A complaint related to the imposition of pupil fees for
participation in educational activities.
   (f) (1)  In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the
school district notifying parents, guardians, pupils, and teachers of
the following:
    (A) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
    (B) School facilities must be clean, safe, and maintained in good
repair.
    (C) There should be no teacher vacancies or misassignments as
defined in paragraphs (3) and (5) of subdivision (h).
   (D) Pupils shall not be charged fees, including security deposits,
or be required to purchase materials or equipment, to participate in
a class or an extracurricular activity.
    (E) Pupils who have not passed the high school exit examination
by the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
    (F) The location at which to obtain a form to file a complaint in
case of a shortage of complaint forms. Posting a notice downloadable
from the Internet Web site of the department shall satisfy this
posting requirement.
   (2) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom of each charter school
notifying parents, guardians, pupils, and teachers of both of the
following:
   (A) Pupils shall not be charged fees, including security deposits,
or be required to purchase materials or equipment, to participate in
a class or an extracurricular activity.
   (B) The location at which to obtain a form to file a complaint in
case of a shortage of complaint forms. Posting a notice downloadable
from the Internet Web site of the department shall satisfy this
posting requirement.
   (g) (1)  A local educational agency shall establish local policies
and procedures, post notices, and implement this section on or
before January 1, 2005.
   (2) A school district, county office of education, and charter
school shall establish local policies and procedures, post notices,
and implement the provisions of this section regarding the imposition
of pupil fees for participation in educational activities on or
before March 1, 2013.
   (h) For purposes of this section, the following definitions apply:

   (1) "Educational activity" has the same meaning as specified in
subdivision (a) of Section 49010.
    (2) "Good repair" has the same meaning as specified in
subdivision (d) of Section 17002.
    (3) "Misassignment" means the placement of a certificated
employee in a teaching or services position for which the employee
does not hold a legally recognized certificate or credential or the
placement of a certificated employee in a teaching or services
position that the employee is not otherwise authorized by statute to
hold.
   (4) "Pupil fees" has the same meaning as specified in subdivision
(b) of Section 49010.
    (5) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester. 
   SEC. 2.   SECTION 1.   Article 5.5
(commencing with Section 49010) is added to Chapter 6 of Part 27 of
Division 4 of Title 2 of the Education Code, to read:

      Article 5.5.  Pupil Fees


   49010.  For purposes of this article, the following terms have the
following meanings:
   (a) "Educational activity" means an activity offered by a school,
school district, charter school, or county office of education that
constitutes an integral fundamental part of elementary and secondary
education, including, but not limited to, curricular and
extracurricular activities.
   (b) "Pupil fee" means a fee, deposit, or other charge imposed on
pupils, or a pupil's parents or guardians, in violation of Section
49011 and Section 5 of Article IX of the California Constitution,
which require educational activities to be provided free of charge to
all pupils without regard to their families' ability or willingness
to pay fees or request special waivers, as provided for in Hartzell
v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not
limited to, all of the following:
   (1) A fee charged to a pupil as a condition for registering for
school or classes, or as a condition for participation in a class or
an extracurricular activity, regardless of whether the class or
activity is elective or compulsory, or is for credit.
   (2) A security deposit, or other payment, that a pupil is required
to make to obtain a lock, locker, book, class apparatus, musical
instrument, uniform, or other materials or equipment.
   (3) A purchase that a pupil is required to make to obtain
materials, supplies, equipment, or uniforms associated with an
educational activity.
   49011.  (a) A pupil enrolled in a public school shall not be
required to pay a pupil fee for participation in an educational
activity.
   (b) All of the following requirements apply to the prohibition
identified in subdivision (a):
   (1) All supplies, materials, and equipment needed to participate
in educational activities shall be provided to pupils free of charge.

   (2) A fee waiver policy shall not make a pupil fee permissible.
   (3) School districts and schools shall not establish a two-tier
educational system by requiring a minimal educational standard and
also offering a second, higher educational standard that pupils may
only obtain through payment of a fee or purchase of additional
supplies that the school district or school does not provide.
   (4) A school district or school shall not offer course credit or
privileges related to educational activities in exchange for money or
donations of goods or services from a pupil or a pupil's parents or
guardians, and a school district or school shall not remove course
credit or privileges related to educational activities, or otherwise
discriminate against a pupil, because the pupil or the pupil's
parents or guardians did not or will not provide money or donations
of goods or services to the school district or school.
   (c) This article shall not be interpreted to prohibit solicitation
of voluntary donations of funds or property, voluntary participation
in fundraising activities, or school districts, schools, and other
entities from providing pupils prizes or other recognition for
voluntarily participating in fundraising activities.
   (d) This article applies to all public schools, including, but not
limited to, charter schools and alternative schools.
   (e) This article is declarative of existing law and shall not be
interpreted to prohibit the imposition of a fee, deposit, or other
charge otherwise allowed by law.
   49012.  (a) Commencing with the 2014-15 fiscal year, and every
three years thereafter, the department shall develop and distribute
guidance for county  and district  superintendents
of schools  , district superintendents,  and charter school
administrators regarding the imposition of pupil fees for
participation in educational activities in public schools. The
department shall post the guidance on the department's Internet Web
site.
   (b) The guidance developed pursuant to subdivision (a) shall not
constitute a regulation subject to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. 
   49013.  (a) A complaint of noncompliance with the requirements of
this article may be filed with the principal of a school under the
Uniform Complaint Procedures set forth in Chapter 5.1 (commencing
with Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
   (b) A complaint may be filed anonymously if the complaint provides
evidence or information leading to evidence to support an allegation
of noncompliance with the requirements of this article.
   (c) A complainant not satisfied with the decision of a public
school may appeal the decision to the department and shall receive a
written appeal decision within 60 days of the department's receipt of
the appeal.
   (d) If a public school finds merit in a complaint, or the
department finds merit in an appeal, the public school shall provide
a remedy to all affected pupils, parents, and guardians that, where
applicable, includes reasonable efforts by the public school to
ensure full reimbursement to all affected pupils, parents, and
guardians, subject to procedures established through regulations
adopted by the state board.
   (e) Information regarding the requirements of this article shall
be included in the annual notification distributed to pupils, parents
and guardians, employees, and other interested parties pursuant to
Section 4622 of Title 5 of the California Code of Regulations.
   (f) Public schools shall establish local policies and procedures
to implement the provisions of this section on or before March 1,
2013.
   SEC. 3.   SEC. 2.   Section 905 of the
Government Code is amended to read:
   905.  There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) all claims for money or damages against local public entities
except any of the following:
   (a) Claims under the Revenue and Taxation Code or other statute
prescribing procedures for the refund, rebate, exemption,
cancellation, amendment, modification, or adjustment of any tax,
assessment, fee, or charge or any portion thereof, or of any
penalties, costs, or charges related thereto.
   (b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any law
relating to liens of mechanics, laborers, or materialmen.
   (c) Claims by public employees for fees, salaries, wages, mileage,
or other expenses and allowances.
   (d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
   (e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions, or other assistance rendered for or on behalf
of any recipient of any form of public assistance.
   (f) Applications or claims for money or benefits under any public
retirement or pension system.
   (g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
   (h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
   (i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
   (j) Claims arising under any provision of the Unemployment
Insurance Code, including, but not limited to, claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
   (k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
   (  l  ) Claims governed by the Pedestrian Mall Law of
1960 (Part 1 (commencing with Section 11000) of Division 13 of the
Streets and Highways Code).
   (m) Claims made pursuant to Section 340.1 of the Code of Civil
Procedure for the recovery of damages suffered as a result of
childhood sexual abuse. This subdivision shall apply only to claims
arising out of conduct occurring on or after January 1, 2009.
   (n) Claims made pursuant to Section 701.820 of the Code of Civil
Procedure for the recovery of money pursuant to Section 26680.
   (o) Claims made pursuant to Section  35186  
49013  of the Education Code for reimbursement of pupil fees for
participation in educational activities.
   SEC. 4.   SEC. 3.    If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.