BILL NUMBER: AB 2020 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 20, 2014
An act to amend Section 1171 of the Labor Code, relating
to employment Sections 51850 and 51851 of the
Education Code, relating to pupil instruction .
LEGISLATIVE COUNSEL'S DIGEST
AB 2020, as amended, Buchanan. Employees: regulation and
supervision. Pupil instruction: driver training and
education: charter schools.
Existing law authorizes the governing board of a school district
maintaining a high school or high schools, a county superintendent of
schools, and the Division of Juvenile Justice, and the State
Department of Education in providing programs of high school
education, to prescribe regulations determining who can profit by and
who shall receive instruction in automobile driver training and
prohibits a pupil from being permitted to enroll in automobile driver
training unless the pupil is presently enrolled in a course of
instruction in automobile driver education, or has satisfactorily
completed the course.
This bill would also authorize the governing body of a charter
school that serves pupils in grades 9 to 12, inclusive, to prescribe
regulations determining who can profit by and who shall receive
instruction in automobile training courses, as specified.
Existing law requires a course of instruction in automobile driver
education to meet specified requirements, including provide the
opportunity for pupils to take driver education within the regular
schoolday, and within the regular academic year, as defined.
This bill would specify that those pupils may include pupils
attending charter schools that serve pupils in grades 9 to 12,
inclusive. The bill would also delete certain cross-references and
make other nonsubstantive changes.
Existing law regulates the wages, hours, and working conditions of
employees with specified exceptions.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51850 of the
Education Code is amended to read:
51850. The governing board of a school district maintaining a
high school or high schools, the governing body of a charter
school that serves pupils in grades 9 to 12, inclusive, a
county superintendent of schools, and the California Youth
Authority Division of Juvenile Justice, and
State Department of Education the department
in providing programs of high school education, may prescribe
regulations determining who can profit by and who shall receive
instruction in automobile driver training; provided, however, that no
pupil shall be permitted to enroll in automobile driver training
unless such the pupil is presently
enrolled in a course of instruction in automobile driver education,
or has satisfactorily completed such the
course. The regulations shall be subject to such
standards for driver education and driver training
as that may be prescribed by the State
Board of Education state board . Where driver
training is provided, such the course
of instruction shall be given in one or more of the grades 9, 10, 11,
or 12. Pupils shall be at least 15 years and six months of age at
the time of completion of a driver training course.
SEC. 2. Section 51851 of the Education
Code is amended to read:
51851. A course of instruction in automobile driver education
shall meet all of the following:
(a) Be of at least 21/2 semester periods and shall be taught by a
qualified instructor.
(b) Provide the opportunity for pupils , which may include
pupils attending charter schools that serve pupils in grades 9 to 12,
inclusive, to take driver education within the regular
schoolday, and within the regular academic year, as defined in
Section 37250. Additional classes may be offered at the discretion of
the local school district governing board, the county superintendent
of schools, California Youth Authority, and
the Division of Juvenile Justice, the State Department
of Education, department , and the
governing body of a charter school that serves pupils in grades 9 to
12, inclusive, to accommodate the pupils who have failed or who
cannot otherwise enroll in the regular schoolday program. For
purposes of this section, the regular schoolday shall be that time
during which classes are maintained in the courses of instruction
provided for in Chapter 1 (commencing with Section 51000), Chapter 2
(commencing with Section 51200), Article 1 (commencing with
Section 51500), Article 2 (commencing with Section 51510), Article 3
(commencing with Section 51520), and Article 4 (commencing with
Section 51530) of Chapter 4, and Chapter 5.6 (commencing
with Section 51930) of this part, and Chapter 2 (commencing with
Section 58400) of Part 31.
(c) Be completed by the pupil within the academic year or summer
session in which it was begun.
SECTION 1. Section 1171 of the Labor Code is
amended to read:
1171. The provisions of this chapter shall apply to and include
men, women, and minors employed in any occupation, trade, or
industry, whether compensation is measured by time, piece, or
otherwise, but shall not include an individual employed as an outside
salesperson or an individual participating in a national service
program carried out using assistance provided under Section 12571 of
Title 42 of the United States Code.
An individual participating in a national service program pursuant
to Section 12571 of Title 42 of the United States Code shall be
informed by the nonprofit, educational institution or other entity
using his or her service, prior to the commencement of service of the
requirement, if any, to work hours in excess of eight hours per day,
or 40 hours per week, or both, and shall have the opportunity to opt
out of that national service program at that time. Individuals
participating in a national service program pursuant to Section 12571
of Title 42 of the United States Code shall not be discriminated
against or be denied continued participation in the program for
refusing to work overtime for a legitimate reason.