BILL NUMBER: AB 1012	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 26, 2015

   An act to add Sections 51228.1, 51228.2, and 51228.3 to the
Education Code, relating to pupil instruction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1012, as introduced, Jones-Sawyer. Pupil instruction: course
periods without educational content.
   (1) Existing law establishes a system of public elementary and
secondary education in this state, and requires and authorizes local
educational agencies to provide specified instruction at elementary
and secondary schools. Existing law prescribes various requirements
with respect to a course of study for grades 7 to 12, inclusive, at
these schools.
   This bill would prohibit school districts that maintain any of
grades 7 to 12, inclusive, from assigning any pupil enrolled in a
school, as defined to exclude alternative schools, community day
schools, continuation schools, and opportunity schools, in the school
district to any course period without educational content, as
defined, for more than one week in any semester, except under
prescribed conditions. The bill would specifically prohibit school
districts from assigning any pupil enrolled in a school in the school
district to a course period without educational content because
there are not sufficient curricular course offerings for the pupil to
take during the relevant period of the designated schoolday.
   The bill would also prohibit school districts that maintain any of
grades 7 to 12, inclusive, from assigning a pupil to a course that
the pupil has previously completed and received a grade determined by
the school district to be sufficient to satisfy the requirements and
prerequisites for admission to the California public institutions of
postsecondary education and the minimum requirements for receiving a
diploma of graduation for high school, except under specified
conditions.
    The bill would specify that it is not to be interpreted to limit
or otherwise affect the authority of a school district to provide
evening high school programs, independent study programs, or
work-based learning or work experience education.
   The bill would specify procedures to be followed if a school
district determines that, at any point during the current or
preceding academic year, one or more of its schools have not
satisfied the requirements of the bill. The bill would also authorize
members of the public to file complaints alleging violations of the
provisions of the bill, and would provide for procedures for the
disposition of these complaints.
   To the extent that this bill would create new duties for local
educational agencies, it would constitute a state-mandated local
program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51228.1 is added to the Education Code, to
read:
   51228.1.  (a) Except as provided in subdivision (e), a school
district maintaining any of grades 7 to 12, inclusive, shall not
assign any pupil enrolled in a school in the school district to any
course period without educational content for more than one week in
any semester, unless all of the following conditions are satisfied:
   (1) For any pupil who has not fulfilled the prerequisites for
admission to the California public institutions of postsecondary
education or the minimum requirements for receiving a diploma of
graduation for high school established in this article:
   (A) The principal or primary guidance counselor of the school
certifies in a document to be placed in the pupil's cumulative record
that the pupil will benefit from being assigned to the course
period, and provides an individualized explanation in the written
certification for that conclusion, which may include an
individualized determination that the pupil will benefit from
mentorship that will be provided by the certificated or certified
employee supervising the pupil during the relevant period.
   (B) The principal or primary guidance counselor of the school
certifies in a document to be placed in the pupil's cumulative file
that providing a course period with educational content is not likely
to benefit the pupil to the same extent as providing the course
period without educational content, and provides an explanation in
the written certification for that conclusion.
   (C) The principal or primary guidance counselor of the school
certifies in a document to be placed in the pupil's cumulative record
that the pupil is not being assigned to the course because there are
no other courses with curricular content for the pupil to take
during the relevant period in the designated schoolday.
   (D) A school official places in the pupil's cumulative file,
within one week of assigning the pupil to the course period without
educational content, documentation that he or she met with the pupil
and parent, legal guardian, or educational rights holder of the pupil
and obtained a signed consent form for the pupil's enrollment in the
course period without educational content.
   (E) The pupil is assigned to no more than one course period
without educational content during a single semester.
   (2) For any pupil who has fulfilled both the prerequisites for
admission to the California public institutions of postsecondary
education and the minimum requirements for receiving a diploma of
graduation for high school established in this article:
   (A) The principal of the school certifies in writing that the
pupil will obtain educational value from being assigned to the course
period and provides an explanation in the written certification for
that conclusion, which may include an individualized determination
that the pupil will benefit from mentorship that will be provided by
the certificated or certified employee supervising the pupil during
the relevant period or identification of the educational or
employment opportunity that assigning the course period will allow
the pupil to pursue and reason for concluding the pupil will, in
fact, pursue that opportunity.
   (B) The principal or primary guidance counselor of the school
certifies in a document to be placed in the pupil's cumulative record
that the pupil is not being assigned to the course because there are
no other courses with curricular content for the pupil to take
during the relevant period in the designated schoolday.
   (C) A school official places in the pupil's cumulative file,
within one week of assigning the pupil to the course period without
educational content, documentation that he or she met with the pupil
and parent, legal guardian, or educational rights holder of the pupil
and obtained a signed consent form for the pupil's enrollment in the
course period without educational content.
   (b) Under no circumstances shall a school district assign any
pupil enrolled in a school in the school district to a course period
without educational content because there are not sufficient
curricular course offerings for the pupil to take during the relevant
period of the designated school day.
   (c) For purposes of this section, "course period without
educational content" is defined as one course period during which the
pupil is expected to engage in activities with no assigned or
planned substantive curricular content. This definition includes, but
is not limited to, a course period during which a pupil is assigned
to a room in which no certificated staff is designated to provide
instruction or assistance with assignments or curricular content from
other assigned courses, is sent home or released from campus before
the conclusion of the designated school day, or is not assigned to
any course for the relevant course period.
   (d) Nothing in this section shall be interpreted to limit or
otherwise affect the authority of a school district to establish and
maintain evening high school programs, as provided for in Article 3
(commencing with Section 51720) of Chapter 5, to offer independent
study, as provided for in Article 5.5 (commencing with Section 51745)
of Chapter 5, to provide courses of work-based learning or work
experience education, as provided for in Article 7 (commencing with
Section 51760) of Chapter 5, or to offer any class or course of
instruction authorized under Chapter 5 (commencing with Section
51700), if the program otherwise meets all of the requirements of law
governing that program.
   (e) This section shall not apply to a pupil enrolled in any of the
following:
   (1) An alternative school.
   (2) A community day school.
   (3) A continuation high school.
   (4) An opportunity school.
  SEC. 2.  Section 51228.2 is added to the Education Code, to read:
   51228.2.  (a) Except as provided in subdivision (d), a school
district maintaining any of grades 7 to 12, inclusive, shall not
assign any pupil enrolled in a school in the school district to a
course that the pupil has previously completed and received a grade
determined by the school district to be sufficient to satisfy the
requirements and prerequisites for admission to the California public
institutions of postsecondary education and the minimum requirements
for receiving a diploma of graduation for high school established in
this article, unless all of the following conditions are satisfied:
   (1) The principal or primary guidance counselor of the school
certifies in a document to be placed in the pupil's cumulative record
that the course is designed to be repeated because pupils are
exposed to a new curriculum year-to-year and are therefore expected
to derive educational value from taking the course again.
   (2) The principal or primary guidance counselor of the school
certifies in a document to be placed in the pupil's cumulative record
that the pupil is not being assigned to the course because there are
no other courses with curricular content for the pupil to take
during the relevant period in the designated schoolday.
   (3) A school official places in the pupil's cumulative file,
within one week of assigning the pupil to the course period,
documentation that he or she met with the pupil and obtained the
pupil's signed consent to enroll in the course.
   (b) Under no circumstances shall a school district assign any
pupil enrolled in a school in the school district to a course that
the pupil has previously completed and received a grade determined by
the school district to be sufficient to satisfy the requirements and
prerequisites for admission to the California public institutions of
postsecondary education and the minimum requirements for receiving a
diploma of graduation for high school established in this article
because there are not sufficient curricular course offerings for the
pupil to take during the relevant period of the designated schoolday.

   (c) Nothing in this section shall be interpreted to limit or
otherwise affect the authority of a school district to establish and
maintain evening high school programs, as provided for in Article 3
(commencing with Section 51720) of Chapter 5, to offer independent
study, as provided for in Article 5.5 (commencing with Section 51745)
of Chapter 5, to provide courses of work-based learning or work
experience education, as provided for in Article 7 (commencing with
Section 51760) of Chapter 5, or to offer any class or course of
instruction authorized under Chapter 5 (commencing with Section
51700), if the program otherwise meets all of the requirements of law
governing that program.
   (d) This section shall not apply to a pupil enrolled in any of the
following:
   (1) An alternative school.
   (2) A community day school.
   (3) A continuation high school.
   (4) An opportunity school.
  SEC. 3.  Section 51228.3 is added to the Education Code, to read:
   51228.3.  (a) If a school district determines that, at any point
during the current or preceding academic year, one or more of its
schools has not satisfied the requirements of Section 51228.1 or
51228.2, it shall immediately notify the Superintendent and include
all of the following in that notification:
   (1) A description of the circumstances that caused the school
district not to satisfy the pertinent requirement.
   (2) The number of pupils affected.
   (3) The steps that the school district has taken, if any, to
resolve the situation.
   (4) Any changes to the school district's policies or procedures to
ensure that all of its schools satisfy the requirements of Sections
51228.1 and 51228.2 in the future.
   (b) Any member of the public may file a complaint directly with
the department alleging that, at any point during the current or
preceding academic year, a school district has not satisfied the
requirements of Section 51228.1 or 51228.2. A complaint may be filed
anonymously if the complaint provides evidence or information leading
to evidence to support an allegation that the school district has
not satisfied the requirements of Section 51228.1 or 51228.2.
   (c) Within 21 days of receiving a complaint pursuant to
subdivision (b), the department shall complete an investigation into
the circumstances giving rise to the report or complaint.
   (d) To the extent that the department concludes, in response to a
complaint filed under subdivision (b), that the school district has
not taken appropriate action to resolve the situation that gave rise
to a report or complaint, the Superintendent shall immediately
convene a local assistance committee to develop a written plan to
ensure that the school district satisfies the requirements of
Sections 51228.1 and 51228.2. In developing the plan, the local
assistance committee shall consult with pupils, parents, legal
guardians or educational rights holders, and teachers at the affected
schools. The local assistance committee shall complete the plan no
later than 21 days after the department makes the determination
required pursuant to this subdivision.
   (e) The Superintendent shall prepare an annual report detailing
actions taken pursuant to this section. The Superintendent shall
submit the report to the Legislature in advance of the department's
budget hearing each fiscal year. The report shall be submitted in
compliance with Section 9795 of the Government Code.
   (f) The Superintendent shall have all power and authority
necessary to effectuate the requirements of this section.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.