BILL NUMBER: SB 421	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 8, 2013
	AMENDED IN SENATE  APRIL 2, 2013

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 21, 2013

   An act to add Section 52244 to the Education Code, relating to
pupil instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 421, as amended, Hernandez. Pupil instruction: examination
fees: International Baccalaureate Diploma Program and advanced
placement courses.
   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 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  , to the extent federal funding is available,
 establish a grant program, administered by the State
Department of Education, for the purpose of awarding  grants,
beginning in the 2015-16 fiscal year,   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 52244 is added to the Education Code, to read:
   52244.  (a)  There   To the extent federal
funding is available, there  is hereby established a grant
program for the purpose of awarding  grants, beginning in the
2015-16 fiscal year,   grants  to cover the costs
of  advanced placement   Advanced Placement (AP)
 examination fees or International Baccalaureate  (IB)
 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  
allocated in the annual Budget Act or another statute  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.