Senate Bill No. 421

Introduced by Senator Hernandez

February 21, 2013

An act to amend Section 51225.3 of, and to add Section 52244 to, the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 421, as introduced, Hernandez. Pupil instruction: International Baccalaureate Diploma Program: advanced placement courses.

(1) Existing law authorizes a system of incentives to encourage high schools to operate International Baccalaureate Diploma Programs, and to encourage pupils in these schools to enroll in, attempt, and pass the International Baccalaureate course of study and examinations that lead to the International Baccalaureate Diploma. Existing law requires the Superintendent of Public Instruction, from funds appropriated for the purpose of the International Baccalaureate Diploma Program, to annually allocate to each school district, on behalf of each high school or middle school within the district that offers the program, up to $25,000 for each participating high school and middle school to cover the costs of professional development required by the program and to help pay the test fees for low- and middle-income pupils in need of financial assistance.

Existing law requires a pupil to complete specified courses while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. Existing law authorizes the governing board of a school district to adopt rules specifying additional coursework requirements.

This bill would require a pupil to complete either an International Baccalaureate Diploma Program or the specified courses in order to receive a diploma of graduation from high school.

(2) Existing law authorizes a school district receiving economic impact aid funds to expend any portion of those funds to pay for all or part of the costs of one or more advanced placement examinations that are charged to economically disadvantaged pupils, as defined.

This bill would establish a grant program, administered by the State Department of Education, for the purpose of awarding grants to cover the costs of advanced placement examination fees or International Baccalaureate examination fees, or both, for eligible economically disadvantaged high school pupils, as defined. The bill would authorize a school district to apply to the department for grant funding under the program based on the number of economically disadvantaged pupils in the school district who will take the next offered advanced placement examinations and would require that grants be expended only to pay the fees required of eligible economically disadvantaged high school pupils to take an advanced placement or International Baccalaureate examination, or both. The bill would require funding priority be given to advanced placement examination fees if there is insufficient funding allocated to the grant program in a given fiscal year. The bill would require the department to make every effort to obtain and allocate federal funding for purposes of the program before expending any state funds and require all federal and state funds obtained by the department for the purpose of the program to be expended for those purposes only and prohibit those funds from being used to fund any other program.

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

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)  begin delete At end delete begin insert Either an International Baccalaureate Diploma Program,
as set forth in Chapter 12.5 (commencing with Section 52920), or
at end insert 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.

(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, begin delete prior to end delete begin insert before end insert 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 begin insert educational end insert 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 begin insert school end insert 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 begin insert school end insert 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.

begin insert

(g) This section shall not require a school or school district that
currently does not offer an International Baccalaureate Diploma
Program to start an International Baccalaureate Diploma Program
for purposes of this section.

end insert begin delete

(g)

end delete

begin insert (h) end insert  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.

SEC. 2.  

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

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)  begin delete At end delete begin insert Either an International Baccalaureate Diploma Program,
as set forth in Chapter 12.5 (commencing with Section 52920), or
at end insert 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.

(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 begin insert education end insert 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 begin insert school end insert 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 begin insert school end insert 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, begin delete prior to end delete begin insert before end insert 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.

begin insert

(e) This section shall not require a school or school district that
currently does not offer an International Baccalaureate Diploma
Program to start an International Baccalaureate Program for
purposes of this section.

end insert begin delete

(e)

end delete

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

SEC. 3.  

Section 52244 is added to the Education Code, to read:

52244.  

(a) There is hereby established a grant program for the
purpose of awarding grants to cover the costs of advanced
placement examination fees or International Baccalaureate
examination fees, or both, for eligible economically disadvantaged
high school pupils. The department shall administer this program.

(b) An “eligible economically disadvantaged high school pupil”
means a pupil who is either from a family whose annual household
income is below 200 percent of the federal poverty level or a pupil
who is eligible for a federal free or reduced-price meal program.

(c) A school district may apply to the department for grant
funding pursuant to this section, based on the number of
economically disadvantaged pupils in the school district enrolled
in advanced placement courses who will take the next offered
advanced placement examinations. A school district that applies
to the department for this purpose shall designate school district
staff to whom pupils may submit applications for grants and shall
institute a plan to notify pupils of the availability of financial
assistance pursuant to this section. Grants shall be expended only
to pay the fees required of eligible economically disadvantaged
high school pupils to take an advanced placement or International
Baccalaureate examination, or both.

(d) An eligible economically disadvantaged high school pupil
who is enrolled in an advanced placement or International
Baccalaureate course, or both, may apply to the designated school
district staff for a grant pursuant to this section. A pupil who
receives a grant shall pay five dollars ($5) of the examination fee.

(e) School districts and county superintendents of schools may
join together and form collaboratives or consortia in order to
participate in the grant program established by this section.

(f) Grants provided pursuant to this section may not be used to
supplant fee waivers available to low-income pupils who take
advanced placement or International Baccalaureate examinations.

(g) If the total school district applications exceed the total funds
available pursuant to this section, the department shall prorate the
grants based upon the ratio of the total amount requested to the
total amount budgeted by the state for this purpose. Funding
priority shall be given to advanced placement examination fees if
there is insufficient funding allocated for the grant program in a
given fiscal year.

(h) To facilitate program administration and school district
reimbursement, the department may enter into a contract with the
provider of advanced placement or International Baccalaureate
examinations. For purposes of the contract authorized pursuant to
this subdivision, the department is exempt from the requirements
of Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code and from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.

(i) The department shall make every effort to obtain and allocate
federal funding for purposes of this program before expending any
state funds. All state and federal funds obtained by the department
for purposes of this program shall be expended for these purposes
only and are prohibited from being used to fund any other program.