BILL NUMBER: SB 421 INTRODUCED
BILL TEXT
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) At Either an International
Baccalaureate Diploma Program, as set forth in Chapter 12.5
(commencing with Section 52920), or 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.
(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
before 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
educational 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 school 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 school
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 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.
(g)
(h) 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) At Either an International
Baccalaureate Diploma Program, as set forth in Chapter 12.5
(commencing with Section 52920), or 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.
(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
education 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 school 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 school
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 before 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 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.
(e)
(f) 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.