BILL NUMBER: AB 526 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2016
INTRODUCED BY Assembly Member Holden
FEBRUARY 23, 2015
An act to amend Section 267 of the Penal Code, relating
to abduction. 48800 of the Education Code, relating to
pupil instruction, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 526, as amended, Holden. Abduction.
Pupils: attendance at community college.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
This bill would increase the punishment to include a fine not
exceeding $5,000.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48800 of the
Education Code is amended to read:
48800. (a) The governing board of a school district may determine
which pupils would benefit from advanced scholastic or vocational
work. The intent of this section is to provide educational enrichment
opportunities for a limited number of eligible pupils, rather than
to reduce current course requirements of elementary and secondary
schools, and also to help ensure a smoother transition from high
school to college for pupils by providing them with greater exposure
to the collegiate atmosphere. The governing board of a school
district may authorize those pupils, upon recommendation of the
principal of the pupil's school of attendance, and with parental
consent, to attend a community college during any session or term as
special part-time or full-time students and to undertake one or more
courses of instruction offered at the community college level.
(b) If the governing board of a school district denies
a request for a special part-time or full-time enrollment at a
community college for any session or term for a pupil who is
identified as highly gifted, the governing board shall issue its
written recommendation and the reasons for the denial within 60 days.
The written recommendation and denial shall be issued at the next
regularly scheduled board meeting that falls at least 30 days after
the request has been submitted.
(c) A pupil shall receive credit for community college courses
that he or she completes at the level determined appropriate by the
governing boards of the school district and community college
district.
(d) (1) The principal of a school may recommend a pupil for
community college summer session only if that pupil meets all of the
following criteria:
(A) Demonstrates adequate preparation in the discipline to be
studied.
(B) Exhausts all opportunities to enroll in an equivalent course,
if any, at his or her school of attendance.
(2) For any particular grade level, a principal shall not
recommend for community college summer session attendance more than 5
percent of the total number of pupils who completed that grade
immediately prior to before the time of
recommendation.
(3) A high school pupil recommended by his or her principal for
enrollment in a course shall not be included in the 5-percent
limitation of pupils allowed to be recommended pursuant to paragraph
(2) if the course in which the pupil is enrolled is part of a
College and Career Access Pathways (CCAP) program established
pursuant to Section 76004 in which a majority of the pupils served
are unduplicated pupils, as defined in Section 42238.02, the course
meets one of the criterion criteria
listed in subparagraphs (A) to (C), inclusive, and the high
school principal who recommends the pupil for enrollment provides the
Chancellor of the California Community Colleges, upon the request of
that office, with the data required for purposes of paragraph (4).
(A) The course is a lower division, college-level course for
credit that is designated as part of the Intersegmental General
Education Transfer Curriculum or applies toward the general education
breadth requirements of the California State University.
(B) The course is a college-level, occupational course for credit
assigned a priority code of "A," "B," or "C," pursuant to the Student
Accountability Model, as defined by the Chancellor of the California
Community Colleges and reported in the management information
system, and the course is part of a sequence of vocational or career
technical education courses leading to a degree or certificate in the
subject area covered by the sequence.
(C) The course is necessary to assist a pupil who has not passed
the California High School Exit Examination (CAHSEE), does not offer
college credit in English language arts or mathematics, and the pupil
meets both of the following requirements:
(i) The pupil is in his or her senior year of high school.
(ii) The pupil has completed all other graduation requirements
prior to before the end of his or her
senior year, or will complete all remaining graduation requirements
during a community college summer session, which he or she is
recommended to enroll in, following his or her senior year of high
school.
(4) On or before March 1 of each year, the Chancellor of the
California Community Colleges shall report to the Department of
Finance the number of pupils recommended pursuant to paragraph (3)
who enroll in community college summer session courses and who
receive a passing grade. The information in this report may be
submitted with the report required by subdivision (c) of Section
76002.
(5) The Board of Governors of the California Community Colleges
shall not include enrollment growth attributable to paragraph (3) as
part of its annual budget request for the California Community
Colleges.
(6) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20 of Division 2 of Title 2,
compliance with this subdivision shall not be waived.
(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become
inoperative on January 1, 2014. 2020.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure rigorous scholastic and vocational work
opportunities are available to pupils at the earliest possible time
and that ongoing programs are not interrupted, it is necessary that
this act take effect immediately.
SECTION 1. Section 267 of the Penal Code is
amended to read:
267. Any person who takes away any other person under 18 years of
age from the father, mother, guardian, or other person having the
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 five thousand dollars ($5,000).