BILL NUMBER: AB 2662	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Education (Brownley (Chair), Ammiano,
Buchanan, Butler, Carter, Eng, Beth Gaines, Halderman, Wagner, and
Williams)

                        FEBRUARY 29, 2012

   An act to amend Section 48070.5 of the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2662, as introduced, Committee on Education. Pupil promotion
and retention.
   Existing law requires the governing board of each school district
and each county board of education to approve a policy regarding the
promotion and retention of pupils between specified grades, and
requires that policy to provide for the identification of pupils who
should be retained or who are at risk of being retained in their
current grade level on the basis of specified factors. Existing law
requires that the policy provide for parental notification when a
pupil is identified as being at risk of retention, and that the
policy provide the pupil's parent or guardian the opportunity to
consult with the teacher or teachers responsible for the decision to
promote or retain the pupil. Existing law also requires, under
specified circumstances, that the pupil's parent or guardian be
provided the opportunity to discuss a teacher's recommendation with
the teacher and the principal before any final determination of pupil
retention or promotion is made.
   This bill would additionally require that the policy provide to a
person holding the right to make educational decisions for the pupil,
as specified, an opportunity to consult with the teacher or teachers
responsible for the decision to promote or retain the pupil, and
would require that this person have an opportunity, under certain
circumstances, to discuss a teacher's recommendation with the teacher
and the principal before any final determination of pupil retention
or promotion is made. By imposing additional duties on the governing
board of a school district or a county board of education, this bill
would impose a state-mandated local program.
   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 48070.5 of the Education Code is amended to
read:
   48070.5.  (a) In addition to the policy adopted pursuant to
Section 48070, the governing board of each school district and each
county board of education shall, in those applicable grade levels,
approve a policy regarding the promotion and retention of pupils
between the following grades:
   (1) Between second grade and third grade.
   (2) Between third grade and fourth grade.
   (3) Between fourth and fifth grade.
   (4) Between the end of the intermediate grades and the beginning
of middle school grades which typically occurs between sixth grade
and seventh grade, but may vary depending upon the grade
configuration of the school or school district.
   (5) Between the end of the middle school grades and the beginning
of high school which typically occurs between eighth grade and ninth
grade, but may vary depending upon the grade configuration of the
school or school district.
   (b) The policy shall provide for the identification of pupils who
should be retained and who are at risk of being retained in their
current grade level 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 and
the minimum levels of proficiency recommended by the  State
Board of Education   state board  pursuant to
Section 60648.
   (2) The pupil's grades and other indicators of academic
achievement designated by the district.
   (c) The policy shall base the identification of pupils pursuant to
subdivision (b) at the grade levels identified pursuant to paragraph
(1) and (2) of subdivision (a) primarily on the basis of the pupil's
level of proficiency in reading. The policy shall base the
identification of pupils pursuant to subdivision (b) at the grade
levels identified pursuant to paragraphs (3) through (5) of
subdivision (a) on the basis of the pupil's level of proficiency in
reading, English language arts, and mathematics.
   (d) (1) If either measure identified in paragraph (1) or (2) of
subdivision (b) identifies that a pupil is performing below the
minimum standard for promotion, the pupil shall be retained in his or
her current grade level unless the pupil's regular classroom teacher
determines in writing that retention is not the appropriate
intervention for the pupil's academic deficiencies. This written
determination shall specify the reasons that retention is not
appropriate for the pupil and shall include recommendations for
interventions other than retention that in the opinion of the teacher
are necessary to assist the pupil to attain acceptable levels of
academic achievement. If the teacher's recommendation to promote is
contingent upon the pupil's participation in a summer school or
interim session remediation program, the pupil's academic performance
shall be reassessed at the end of the remediation program, and the
decision to retain or promote the pupil shall be reevaluated at that
time. The teacher's evaluation shall be provided to and discussed
with  the pupil's parent or guardian and  the school
principal  and the pupil's parent, guardian, or other person
holding the right to make educational decisions for the pupil
pursuant to Section 361 or 727 of the Welfare and Institutions Code
or Section 56055,  before any final determination of pupil
retention or promotion.
   (2) If the pupil does not have a single regular classroom teacher,
the policy adopted by the school district shall specify the teacher
or teachers responsible for the promotion or retention decision.
   (e) The policy shall provide for parental notification when a
pupil is identified as being at risk of retention. This notice shall
be provided as early in the school year as practicable. The policy
shall provide  a pupil's parent or guardian  
the pupil's parent, guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361 or
727 of the Welfare and Institutions Code or Section 56055  the
opportunity to consult with the teacher or teachers responsible for
the decision to promote or retain the pupil.
   (f) The policy shall provide a process whereby the decision of the
teacher to retain or promote a pupil may be appealed. If an appeal
is made, the burden shall be on the appealing party to show why the
decision of the teacher should be overruled.
   (g) The policy shall provide that pupils who are at-risk of being
retained in their current grade be identified as early in the school
year, and as early in their school careers, as practicable.
   (h) The policy shall indicate the manner in which opportunities
for remedial instruction will be provided to pupils who are
recommended for retention or who are identified as being at risk for
retention.
   (i) The policy adopted pursuant to this section shall be adopted
at a public meeting of the governing board of the school district.
   (j) Nothing in this section shall be construed to prohibit the
retention of a pupil not included in grade levels identified pursuant
to subdivision (a), or for reasons other than those specified in
subdivision (b), if such retention is determined to be appropriate
for that pupil. Nothing in this section shall be construed to
prohibit a governing board from adopting promotion and retention
policies that exceed the criteria established in this section.
  SEC. 2.  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.