Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 391

Introduced by Assembly Member Wieckowski

February 15, 2013

An act to amend begin delete Section 1550 of the Health and Safety Code, relating to community care facilities. end delete begin insert Sections 51220 and 51225.3 of, and to add Section 51226.9 to, the Education Code, relating to pupil instruction. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 391, as amended, Wieckowski. begin delete Community care facilities. end delete begin insert Pupil instruction: personal finance. end insert

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(1) Existing law requires the adoption of a course of study for grades 7 to 12, inclusive, including social studies instruction providing a foundation for understanding the development of the American economic system, including the role of the entrepreneur and labor. Existing law also specifies coursework to be completed by pupils in grades 9 to 12, inclusive, in order to receive a high school diploma of graduation, including a one-semester course in economics.

end insert begin insert

This bill would enact the Common Cents Curriculum Act of 2013 and would require, commencing with the 2014-15 school year, that the adopted course of study for social sciences for grades 7 to 12, inclusive, offer instruction providing a foundation for understanding personal finance, including, but not limited to, budgeting, savings, credit and loans, identity theft, and paying for postsecondary education. The bill would require the one-semester course in economics that is required for high school graduation to include personal finance, including, but not limited to, those subjects. To the extent that these requirements would impose new duties on local educational agencies, the bill would impose a state-mandated local program.

end insert begin insert

The bill would require the State Department of Education to develop and adopt a personal financial literacy curriculum, for use beginning with the 2014-15 school year, that includes, but is not limited to, budgeting, savings, credit and loans, identity theft, and paying for postsecondary education.

end insert begin insert

(2) 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.

end insert begin insert

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.

end insert begin delete

The California Community Care Facilities Act provides for the licensure and regulation of community care facilities by the State Department of Social Services. Existing law authorizes the department to deny an application for, or suspend or revoke, any license, or any administrator certificate, or deny a transfer of a license under certain circumstances.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert begin insert

This act shall be known, and may be cited, as the
“Common Cents Curriculum Act of 2013.”

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

The Legislature finds and declares all of the following:

end insert begin insert

(a) California does not have an official statewide policy or
educational plan for the teaching of financial literacy and the
growing negative economic effects of financial illiteracy have
spurred the need for financial literacy education for all elementary
and secondary pupils.

end insert begin insert

(b) Americans 25 to 34, inclusive, years of age have the second
highest rate of bankruptcy, and the highest rate is Americans who
are 35 to 44, inclusive, years of age, indicating that young adults
today are more likely to file bankruptcy than were “baby boomers”
at the same age.

end insert begin insert

(c) Improving financial literacy in secondary school will
empower students, and their families, to act as well-informed
consumers.

end insert begin insert

(d) Financial illiteracy and the consequences for uninformed
financial decisions are a growing problem in the state, and in the
long run, educating Californians would result in benefits to the
economy by helping to prevent bankruptcy, foreclosure, and job
loss.

end insert begin insert

(e) Providing access to financial literacy tools plays an
important role in preventing uninformed financial decisions.

end insert begin insert

(f) Recent research shows that students from states where a
financial education course is required are more likely to save, less
likely to max out their credit cards, less likely to make late credit
card payments, and more likely to take average financial risks.

end insert begin insert

(g) A college education is more important than ever in
determining future earnings, as the annual income of an employee
with a bachelor’s degree is about 80 percent higher than that of
a person with a high school diploma, which translates into more
than one million additional dollars over a lifetime. College
graduates are also more involved in community and philanthropic
affairs, are healthier, and require fewer state services than those
without a degree.

end insert begin insert

(h) The number of undergraduate students with both credit card
debt and student loan debt is increasing. In 2009, the average
student credit card balance had risen to $3,000. Additionally, in
2011, undergraduate students had amassed an average of about
$27,000 of student loan debt.

end insert begin insert

(i) Increasing the financial literacy of all economic and ethnic
groups is documented to improve attitudes, lead to improved
decisionmaking, and provide for a more secure future for
individuals and their families who have been educated with regard
to these issues.

end insert begin insert

(j) Many groups are dedicated to increasing the financial
literacy of Americans, and a broad range of quality personal
finance instructional materials and curricula have been created
for this purpose, but California’s pupils are not getting this vital
information.

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(k) At this crucial economic time, it is imperative that California
continue to be a leader by setting a high standard of financial
literacy instruction for our pupils.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 51220 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51220.  

The adopted course of study for grades 7 to 12,
inclusive, shall offer courses in the following areas of study:

(a) English, including knowledge of and appreciation for
literature, language, and composition, and the skills of reading,
listening, and speaking.

(b) Social sciences, drawing upon the disciplines of
anthropology, economics, geography, history, political science,
psychology, and sociology, designed to fit the maturity of the
pupils. Instruction shall provide a foundation for understanding
the history, resources, development, and government of California
and the United States of America; begin delete instruction in end delete our American
legal system, the operation of the juvenile and adult criminal justice
systems, and the rights and duties of citizens under the criminal
and civil law and the State and Federal Constitutions; the
development of the American economic system, including the role
of the entrepreneur and labor; begin insert commencing with the 2014-15 school
year, personal finance, including, but not limited to, budgeting,
savings, credit and loans, identity theft, and paying for
postsecondary education; end insert the relations of persons to their human
and natural environment; eastern and western cultures and
civilizations; human rights issues, with particular attention to the
study of the inhumanity of genocide, slavery, and the Holocaust begin delete , end delete begin insert ; end insert
and contemporary issues.

(c) Foreign language or languages, beginning not later than
grade 7, designed to develop a facility for understanding, speaking,
reading, and writing the particular language.

(d) Physical education, with emphasis given to physical activities
that are conducive to health and to vigor of body and mind, as
required by Section 51222.

(e) Science, including the physical and biological aspects, with
emphasis on basic concepts, theories, and processes of scientific
investigation and on the place of humans in ecological systems,
and with appropriate applications of the interrelation and
interdependence of the sciences.

(f) Mathematics, including instruction designed to develop
mathematical understandings, operational skills, and insight into
problem-solving procedures.

(g) Visual and performing arts, including dance, music, theater,
and visual arts, with emphasis upon development of aesthetic
appreciation and the skills of creative expression.

(h) Applied arts, including instruction in the areas of consumer
and homemaking education, industrial arts, general business
education, or general agriculture.

(i) Career technical education designed and conducted for the
purpose of preparing youth for gainful employment in the
occupations and in the numbers that are appropriate to the
personnel needs of the state and the community served and relevant
to the career desires and needs of the pupils.

(j) Automobile driver education, designed to develop a
knowledge of the provisions of the Vehicle Code and other laws
of this state relating to the operation of motor vehicles, a proper
acceptance of personal responsibility in traffic, a true appreciation
of the causes, seriousness and consequences of traffic accidents,
and to develop the knowledge and attitudes necessary for the safe
operation of motor vehicles. A course in automobile driver
education shall include education in the safe operation of
motorcycles.

(k) Other studies as may be prescribed by the governing board.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 51225.3 of the end insert begin insert Education Code end insert begin insert , as amended
by Section 3 of Chapter 621 of the Statutes of 2011, is amended
to read: end insert

51225.3.  

(a) A pupil shall complete all of the following while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:

(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:

(A) Three courses in English.

(B) Two courses in mathematics.

(C) Two courses in science, including biological and physical
sciences.

(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics begin insert , including, commencing with
the 2014-15 school year, personal finance, as specified in Section
51226.9 end insert .

(E) One course in visual or performing arts, foreign language,
or, commencing with the 2012-13 school year, career technical
education.

(i) For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be
deemed a course in foreign language.

(ii) For purposes of this subparagraph, “a course in career
technical education” means a course in a district-operated career
technical education program that is aligned to the career technical
model curriculum standards and framework adopted by the state
board, including courses through a regional occupational center
or program operated by a county superintendent of schools or
pursuant to a joint powers agreement.

(iii) This subparagraph does not require a school or school
district that currently does not offer career technical education
courses to start new career technical education programs for
purposes of this section.

(iv) If a school district or county office of education elects to
allow a career technical education course to satisfy the requirement
imposed by this subparagraph, the governing board of the school
district or county office of education, prior to offering that
alternative to pupils, shall notify parents, teachers, pupils, and the
public at a regularly scheduled meeting of the governing board of
all of the following:

(I) The intent to offer career technical education courses to fulfill
the graduation requirement specified in this subparagraph.

(II) The impact that offering career technical education courses,
pursuant to this subparagraph, will have on the availability of
courses that meet the eligibility requirements for admission to the
California State University and the University of California, and
whether the career technical education courses to be offered
pursuant to this subparagraph are approved to satisfy those
eligibility requirements. If a school district elects to allow a career
technical education course to satisfy the requirement imposed by
this subparagraph, the school district shall comply with subdivision
(m) of Section 48980.

(III) The distinction, if any, between the high school graduation
requirements of the school district or county office of education,
and the eligibility requirements for admission to the California
State University and the University of California.

(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.

(2) Other coursework requirements adopted by the governing
board of the school district.

(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience,
career technical education classes offered in high schools, courses
offered by regional occupational centers or programs,
interdisciplinary study, independent study, and credit earned at a
postsecondary institution. Requirements for graduation and
specified alternative modes for completing the prescribed course
of study shall be made available to pupils, parents, and the public.

(c) Notwithstanding any other law, a school district shall exempt
a pupil in foster care from all coursework and other requirements
adopted by the governing board of the district that are in addition
to the statewide coursework requirements specified in this section
if the pupil, while he or she is in grade 11 or 12, transfers into the
district from another school district or between high schools within
the district, unless the district makes a finding that the pupil is
reasonably able to complete the additional requirements in time
to graduate from high school while he or she remains eligible for
foster care benefits pursuant to state law. A school district shall
notify a pupil in foster care who is granted an exemption pursuant
to this subdivision, and, as appropriate, the person holding the
right to make educational decisions for the pupil, if any of the
requirements that are waived will affect the pupil’s ability to gain
admission to a postsecondary educational institution and shall
provide information about transfer opportunities available through
the California Community Colleges.

(d) On or before July 1, 2017, the department shall submit a
comprehensive report to the appropriate policy committees of the
Legislature on the addition of career technical education courses
to satisfy the requirement specified in subparagraph (E) of
paragraph (1) of subdivision (a), including, but not limited to, the
following information:

(1) A comparison of the pupil enrollment in career technical
education courses, foreign language courses, and visual and
performing arts courses for the 2005-06 to 2011-12 school years,
inclusive, to the pupil enrollment in career technical education
courses, foreign language courses, and visual and performing arts
courses for the 2012-13 to 2016-17 school years, inclusive.

(2) The reasons, reported by school districts, that pupils give
for choosing to enroll in a career technical education course to
satisfy the requirement specified in subparagraph (E) of paragraph
(1) of subdivision (a).

(3) The type and number of career technical education courses
that were conducted for the 2005-06 to 2011-12 school years,
inclusive, compared to the type and number of career technical
education courses that were conducted for the 2012-13 to 2016-17
school years, inclusive.

(4) The number of career technical education courses that
satisfied the subject matter requirements for admission to the
University of California or the California State University.

(5) The extent to which the career technical education courses
chosen by pupils are aligned with the California Career Technical
Education Standards, and prepare pupils for employment, advanced
training, and postsecondary education.

(6) The number of career technical education courses that also
satisfy the visual and performing arts requirement, and the number
of career technical education courses that also satisfy the foreign
language requirement.

(7) Annual pupil dropout and graduation rates for the 2011-12
to 2014-15 school years, inclusive.

(e) For purposes of completing the report described in
subdivision (d), the Superintendent may use existing state resources
and federal funds. If state or federal funds are not available or
sufficient, the Superintendent may apply for and accept grants,
and receive donations and other financial support from public or
private sources for purposes of this section.

(f) For purposes of completing the report described in
subdivision (d), the Superintendent may accept support, including,
but not limited to, financial and technical support, from high school
reform advocates, teachers, chamber organizations, industry
representatives, research centers, parents, and pupils.

(g) This section shall become inoperative on the earlier of the
following two dates:

(1) On July 1, immediately following the first fiscal year after
the enactment of the act that adds this paragraph in which the
number of career technical education courses that, as determined
by the department, satisfy the foreign language requirement for
admission to the California State University and the University of
California is at least twice the number of career technical education
courses that meet these admission requirements as of January 1,
2012. This section shall be repealed on the following January 1,
unless a later enacted statute, that becomes operative on or before
that date, deletes or extends the dates on which it becomes
inoperative and is repealed. It is the intent of the Legislature that
new career technical education courses that satisfy the foreign
language requirement for admission to the California State
University and the University of California focus on world
languages aligned with career preparation, emphasizing real-world
application and technical content in related career and technical
education courses.

(2) On July 1, 2017, and, as of January 1, 2018, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2018, deletes or extends the dates on which it becomes
inoperative and is repealed.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 51225.3 of the end insert begin insert Education Code end insert begin insert , as added by
Section 4 of Chapter 621 of the Statutes of 2011, is amended to
read: end insert

51225.3.  

(a) A pupil shall complete all of the following while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:

(1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:

(A) Three courses in English.

(B) Two courses in mathematics.

(C) Two courses in science, including biological and physical
sciences.

(D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics begin insert , including, commencing with
the 2014-15 school year, personal finance, as specified in Section
51226.9 end insert .

(E) One course in visual or performing arts or foreign language.
For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be
deemed a course in foreign language.

(F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.

(2) Other coursework requirements adopted by the governing
board of the school district.

(b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience,
career technical education classes offered in high schools, courses
offered by regional occupational centers or programs,
interdisciplinary study, independent study, and credit earned at a
postsecondary institution. Requirements for graduation and
specified alternative modes for completing the prescribed course
of study shall be made available to pupils, parents, and the public.

(c) Notwithstanding any other law, a school district shall exempt
a pupil in foster care from all coursework and other requirements
adopted by the governing board of the district that are in addition
to the statewide coursework requirements specified in this section
if the pupil, while he or she is in grade 11 or 12, transfers into the
district from another school district or between high schools within
the district, unless the district makes a finding that the pupil is
reasonably able to complete the additional requirements in time
to graduate from high school while he or she remains eligible for
foster care benefits pursuant to state law. A school district shall
notify a pupil in foster care who is granted an exemption pursuant
to this subdivision, and, as appropriate, the person holding the
right to make educational decisions for the pupil, if any of the
requirements that are waived will affect the pupil’s ability to gain
admission to a postsecondary educational institution and shall
provide information about transfer opportunities available through
the California Community Colleges.

(d) If a pupil completed a career technical education course that
met the requirements of subparagraph (E) of paragraph (1) of
subdivision (a) of Section 51225.3, as amended by the act adding
this section, prior to the inoperative date of that section, that course
shall be deemed to fulfill the requirements of subparagraph (E) of
paragraph (1) of subdivision (a) of this section.

(e) This section shall become operative upon the date that
Section 51225.3, as amended by the act adding this section,
becomes inoperative.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 51226.9 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 51226.9. end insert   

(a) The department shall develop and adopt a
personal financial literacy curriculum for purposes of the social
studies curriculum framework required by subdivision (b) of
Section 51220, for use beginning with the 2014-15 school year,
that includes, but is not limited to, budgeting, savings, credit and
loans, identity theft, and paying for postsecondary education.

(b) The course in economics required pursuant to subparagraph
(D) of paragraph (1) of subdivision (a) of Section 51225.3 shall
include instruction related to the understanding of personal
finances, as specified in the curriculum adopted pursuant to
subdivision (a).

end insert

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 1550 of the Health and Safety Code is
amended to read:

1550.  

The department may deny an application for, or suspend
or revoke, any license, or any administrator certificate, issued
under this chapter upon any of the following grounds and in the
manner provided in this chapter, or may deny a transfer of a license
pursuant to paragraph (2) of subdivision (b) of Section 1524 for
any of the following grounds:

(a) Violation by the licensee or holder of a special permit of
this chapter or of the rules and regulations promulgated under this
chapter.

(b) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations promulgated under this chapter.

(c) Conduct which is inimical to the health, morals, welfare, or
safety of either an individual in, or receiving services from, the
facility or the people of the state.

(d) The conviction of a licensee, or other person described in
Section 1522, at any time before or during licensure, of a crime
as defined in Section 1522.

(e) The licensee of any facility or the person providing direct
care or supervision knowingly allows any child to have illegal
drugs or alcohol.

(f) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property,
or willful or negligent failure to provide services.

end delete