Amended in Senate August 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 526


Introduced by Assembly Member Holden

February 23, 2015


An act to amend Sectionbegin delete 267 of the Penal Code, relating to abduction.end deletebegin insert 48800 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 526, as amended, Holden. begin deleteAbduction. end deletebegin insertPupils: attendance at community college.end insert

begin insert

Existing law authorizes the governing board of a school district to authorize a pupil who meets specified criteria to attend community college. Existing law limits the number of pupils a principal is authorized to recommend for community college summer session pursuant to those provisions to 5% of the total number of pupils in any grade level, as specified.

end insert
begin insert

This bill, until January 1, 2020, would exempt from the 5% limitation pupils who meet specified requirements and who enroll in certain community college courses. The bill would require the Chancellor of the California Community Colleges to annually report to the Department of Finance the number of pupils who enrolled and received a passing grade in a community college summer session course.

end insert
begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert
begin delete

Existing law provides that any person who takes away another person under 18 years of age from the father, mother, guardian, or other person having legal charge of the other person, without their consent, for the purpose of prostitution, is punishable by imprisonment in the state prison and a fine not exceeding $2,000.

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begin delete

This bill would increase the punishment to include a fine not exceeding $5,000.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 48800 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

48800.  

(a) The governing board of a school district may
4determine which pupils would benefit from advanced scholastic
5or vocational work. The intent of this section is to provide
6educational enrichment opportunities for a limited number of
7eligible pupils, rather than to reduce current course requirements
8of elementary and secondary schools, and also to help ensure a
9smoother transition from high school to college for pupils by
10providing them with greater exposure to the collegiate atmosphere.
11The governing boardbegin insert of a school districtend insert may authorize those
12pupils, upon recommendation of the principal of the pupil’s school
13of attendance, and with parental consent, to attend a community
14college during any session or term as special part-time or full-time
15students and to undertake one or more courses of instruction offered
16at the community college level.

17(b) If the governing boardbegin insert of a school districtend insert denies a request
18for a special part-time or full-time enrollment at a community
19college for any session or term for a pupil who is identified as
20highly gifted, the governing board shall issue its written
21recommendation and the reasons for the denial within 60 days.
22The written recommendation and denial shall be issued at the next
23regularly scheduled board meeting that falls at least 30 days after
24the request has been submitted.

25(c) A pupil shall receive credit for community college courses
26that he or she completes at the level determined appropriate by the
27governing boards of the school district and community college
28district.

29(d) (1) The principal of a school may recommend a pupil for
30community college summer session only if that pupil meets all of
31the following criteria:

P3    1(A) Demonstrates adequate preparation in the discipline to be
2studied.

3(B) Exhausts all opportunities to enroll in an equivalent course,
4if any, at his or her school of attendance.

5(2) For any particular grade level, a principal shall not
6recommend for community college summer session attendance
7more than 5 percent of the total number of pupils who completed
8that grade immediatelybegin delete prior toend deletebegin insert beforeend insert the time of recommendation.

9(3) A high school pupil recommended by his or her principal
10for enrollment in a course shall not be included in the 5-percent
11limitation of pupils allowed to be recommended pursuant to
12paragraph (2) if the course in which the pupil is enrolledbegin insert is part
13of a College and Career Access Pathways (CCAP) program
14established pursuant to Section 76004 in which a majority of the
15pupils served are unduplicated pupils, as defined in Section
1642238.02, the courseend insert
meets one of thebegin delete criterionend deletebegin insert criteriaend insert listed in
17subparagraphs (A) to (C), inclusive, and the high school principal
18who recommends the pupil for enrollment provides the Chancellor
19of the California Community Colleges, upon the request of that
20office, with the data required for purposes of paragraph (4).

21(A) The course is a lower division, college-level course for
22credit that is designated as part of the Intersegmental General
23Education Transfer Curriculum or applies toward the general
24education breadth requirements of the California State University.

25(B) The course is a college-level, occupational course for credit
26assigned a priority code of “A,” “B,” or “C,” pursuant to the
27Student Accountability Model, as defined by the Chancellor of the
28California Community Colleges and reported in the management
29information system, and the course is part of a sequence of
30vocational or career technical education courses leading to a degree
31or certificate in the subject area covered by the sequence.

32(C) The course is necessary to assist a pupil who has not passed
33the California High School Exit Examination (CAHSEE), does
34not offer college credit in English language arts or mathematics,
35and the pupil meets both of the following requirements:

36(i) The pupil is in his or her senior year of high school.

37(ii) The pupil has completed all other graduation requirements
38begin delete prior toend deletebegin insert beforeend insert the end of his or her senior year, or will complete
39all remaining graduation requirements during a community college
P4    1summer session, which he or she is recommended to enroll in,
2following his or her senior year of high school.

3(4) On or before March 1 of each year, the Chancellor of the
4California Community Colleges shall report to the Department of
5Finance the number of pupils recommended pursuant to paragraph
6(3) who enroll in community college summer session courses and
7who receive a passing grade. The information in this report may
8be submitted with the report required by subdivision (c) of Section
976002.

10(5) The Board of Governors of the California Community
11Colleges shall not include enrollment growth attributable to
12paragraph (3) as part of its annual budget request for the California
13Community Colleges.

14(6) Notwithstanding Article 3 (commencing with Section 33050)
15of Chapter 1 of Part 20 of Divisionbegin delete 2 of Titleend delete 2, compliance with
16this subdivision shall not be waived.

17(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become
18inoperative on January 1,begin delete 2014.end deletebegin insert 2020.end insert

19begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
20immediate preservation of the public peace, health, or safety within
21the meaning of Article IV of the Constitution and shall go into
22immediate effect. The facts constituting the necessity are:

end insert
begin insert

23
In order to ensure rigorous scholastic and vocational work
24opportunities are available to pupils at the earliest possible time
25and that ongoing programs are not interrupted, it is necessary
26that this act take effect immediately.

end insert
begin delete27

SECTION 1.  

Section 267 of the Penal Code is amended to
28read:

29

267.  

Any person who takes away any other person under 18
30years of age from the father, mother, guardian, or other person
31having the legal charge of the other person, without their consent,
32for the purpose of prostitution, is punishable by imprisonment in
33the state prison, and a fine not exceeding five thousand dollars
34($5,000).

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