Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1012


Introduced by Assembly Member Jones-Sawyer

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(Coauthors: Senators Hall and Mitchell)

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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 amended, 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 graduationbegin delete forend deletebegin insert fromend insert 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.

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The bill would require the Superintendent of Public Instruction to adopt regulations governing these provisions.

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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:

P2    1

SECTION 1.  

Section 51228.1 is added to the Education Code,
2to read:

3

51228.1.  

(a) Except as provided in subdivision (e), a school
4district maintaining any of grades 7 to 12, inclusive, shall not assign
5any pupil enrolled in a school in the school district to any course
P3    1period without educational content for more than one week in any
2semester, unless all of the following conditions are satisfied:

3(1) For any pupil who has not fulfilled the prerequisites for
4admission to the California public institutions of postsecondary
5education or the minimum requirements for receiving a diploma
6of graduationbegin delete forend deletebegin insert fromend insert high school established in this article:

7(A) The principal orbegin delete primary guidance counselorend deletebegin insert an assistant
8principalend insert
of the school certifies in a document to be placed in the
9pupil’s cumulative record that the pupil will benefit from being
10assigned to the course period, and provides an individualized
11explanation in the written certification for that conclusion, which
12may include an individualized determination that the pupil will
13benefit from mentorship that will be provided by the certificated
14or certified employee supervising the pupil during the relevant
15period.

16(B) The principal orbegin delete primary guidance counselorend deletebegin insert an assistant
17principalend insert
of the school certifies in a document to be placed in the
18pupil’s cumulative file that providing a course period with
19educational content is not likely to benefit the pupil to the same
20extent as providing the course period without educational content,
21and provides an explanation in the written certification for that
22conclusion.

23(C) The principal orbegin delete primary guidance counselorend deletebegin insert an assistant
24principalend insert
of the school certifies in a document to be placed in the
25pupil’s cumulative record that the pupil is not being assigned to
26the course because there are no other courses with curricular
27content for the pupil to take during the relevant period in the
28designated schoolday.

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29(D) A school official places in the pupil’s cumulative file, within
30one week of assigning the pupil to the course period without
31educational content, documentation that he or she met with the
32pupil and parent, legal guardian, or educational rights holder of
33the pupil and obtained a signed consent form for the pupil’s
34enrollment in the course period without educational content.

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35(D) The principal or an assistant principal of the school certifies
36in a document to be placed in the pupil’s cumulative record that
37the pupil and the parent, legal guardian, or educational rights
38holder of the pupil have consented to the pupil’s enrollment in the
39course period without educational content and that the school has
P4    1obtained a consent form, signed by the pupil and the parent, legal
2guardian, or educational rights holder of the pupil.

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3(E) The pupil is assigned to no more than one course period
4without educational content during a single semester.

5(2) For any pupil who has fulfilled both the prerequisites for
6admission to the California public institutions of postsecondary
7education and the minimum requirements for receiving a diploma
8of graduationbegin delete forend deletebegin insert fromend insert high school established in this article:

9(A) The principalbegin insert or an assistant principalend insert of the school certifies
10inbegin delete writingend deletebegin insert a document to be placed in the pupil’s cumulative recordend insert
11 that the pupil willbegin delete obtain educational valueend deletebegin insert benefitend insert from being
12assigned to the course period and provides anbegin insert individualized end insert
13 explanation in the written certification for that conclusion, which
14may include an individualized determination that the pupil will
15benefit from mentorship that will be provided by the certificated
16or certified employee supervising the pupil during the relevant
17period or identification of the educational or employment
18opportunity that assigning the course period will allow the pupil
19to pursue and reason for concluding the pupil will, in fact, pursue
20that opportunity.

21(B) The principal orbegin delete primary guidance counselorend deletebegin insert an assistant
22 principalend insert
of the school certifies in a document to be placed in the
23pupil’s cumulative record that the pupil is not being assigned to
24the course because there are no other courses with curricular
25content for the pupil to take during the relevant period in the
26designated schoolday.

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27(C) A school official places in the pupil’s cumulative file, within
28one week of assigning the pupil to the course period without
29educational content, documentation that he or she met with the
30pupil and parent, legal guardian, or educational rights holder of
31the pupil and obtained a signed consent form for the pupil’s
32enrollment in the course period without educational content.

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33(C) The principal or an assistant principal of the school certifies
34in a document to be placed in the pupil’s cumulative record that
35the pupil and the parent, legal guardian, or educational rights
36holder of the pupil have consented to the pupil’s enrollment in the
37course period without educational content and that the school has
38obtained a consent form, signed by the pupil and the parent, legal
39guardian, or educational rights holder of the pupil.

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P5    1(b) Under no circumstances shall a school district assign any
2pupil enrolled in a school in the school district to a course period
3without educational content because there are not sufficient
4curricular course offerings for the pupil to take during the relevant
5period of the designatedbegin delete school day.end deletebegin insert schoolday.end insert

6(c) For purposes of this section, “course period without
7educational content” is defined as one course period during which
8the pupil is expected to engage in activities with no assigned or
9planned substantive curricular content. This definition includes,
10but is not limited to, a course period during which a pupil is
11assigned to a room in which no certificated staff is designated to
12provide instruction or assistance with assignments or curricular
13content from other assigned courses, is sent home or released from
14campus before the conclusion of the designatedbegin delete school day,end delete
15begin insert schoolday,end insert or is not assigned to any course for the relevant course
16period.

17(d) Nothing in this section shall be interpreted to limit or
18otherwise affect the authority of a school district to establish and
19maintain evening high school programs, as provided for in Article
203 (commencing with Section 51720) of Chapter 5, to offer
21 independent study, as provided for in Article 5.5 (commencing
22with Section 51745) of Chapter 5, to provide courses of work-based
23learning or work experience education, as provided for in Article
247 (commencing with Section 51760) of Chapter 5, or to offer any
25class or course of instruction authorized under Chapter 5
26(commencing with Section 51700), if the program otherwise meets
27all of the requirements of law governing that program.

28(e) This section shall not apply to a pupil enrolled in any of the
29following:

30(1) An alternative school.

31(2) A community day school.

32(3) A continuation high school.

33(4) An opportunity school.

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34(f) The Superintendent shall adopt regulations to establish
35procedures governing this section, including the form of the
36certifications required pursuant to subdivision (a).

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37

SEC. 2.  

Section 51228.2 is added to the Education Code, to
38read:

39

51228.2.  

(a) Except as provided in subdivision (d), a school
40district maintaining any of grades 7 to 12, inclusive, shall not assign
P6    1any pupil enrolled in a school in the school district to a course that
2the pupil has previously completed and received a grade determined
3by the school district to be sufficient to satisfy the requirements
4and prerequisites for admission to the California public institutions
5of postsecondary education and the minimum requirements for
6receiving a diploma of graduationbegin delete forend deletebegin insert fromend insert high school established
7in this article, unless all of the following conditions are satisfied:

8(1) The principal orbegin delete primary guidance counselorend deletebegin insert an assistant
9principalend insert
of the school certifies in a document to be placed in the
10pupil’s cumulative record that the course is designed to be repeated
11because pupils are exposed to a new curriculum year-to-year and
12are therefore expected to derive educational value from taking the
13course again.

14(2) The principal orbegin delete primary guidance counselorend deletebegin insert an assistant
15principalend insert
of the school certifies in a document to be placed in the
16pupil’s cumulative record that the pupil is not being assigned to
17the course because there are no other courses with curricular
18content for the pupil to take during the relevant period in the
19designated schoolday.

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20(3) A school official places in the pupil’s cumulative file, within
21one week of assigning the pupil to the course period,
22documentation that he or she met with the pupil and obtained the
23pupil’s signed consent to enroll in the course.

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24(3) The principal or an assistant principal of the school certifies
25in a document to be placed in the pupil’s cumulative record that
26the pupil has consented to the pupil’s enrollment in the course.

end insert

27(b) Under no circumstances shall a school district assign any
28pupil enrolled in a school in the school district to a course that the
29pupil has previously completed and received a grade determined
30by the school district to be sufficient to satisfy the requirements
31and prerequisites for admission to the California public institutions
32of postsecondary education and the minimum requirements for
33receiving a diploma of graduationbegin delete forend deletebegin insert fromend insert high school established
34in this article because there are not sufficient curricular course
35offerings for the pupil to take during the relevant period of the
36designated schoolday.

37(c) Nothing in this section shall be interpreted to limit or
38otherwise affect the authority of a school district to establish and
39maintain evening high school programs, as provided for in Article
403 (commencing with Section 51720) of Chapter 5, to offer
P7    1independent study, as provided for in Article 5.5 (commencing
2with Section 51745) of Chapter 5, to provide courses of work-based
3learning or work experience education, as provided for in Article
47 (commencing with Section 51760) of Chapter 5, or to offer any
5class or course of instruction authorized under Chapter 5
6(commencing with Section 51700), if the program otherwise meets
7all of the requirements of law governing that program.

8(d) This section shall not apply to a pupil enrolled in any of the
9following:

10(1) An alternative school.

11(2) A community day school.

12(3) A continuation high school.

13(4) An opportunity school.

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14(e) The Superintendent shall adopt regulations to establish
15procedures governing this section, including the form of the
16certifications required pursuant to subdivision (a).

end insert
17

SEC. 3.  

Section 51228.3 is added to the Education Code, to
18read:

19

51228.3.  

(a) If a school district determines that, at any point
20during the current or preceding academic year, one or more of its
21schools has not satisfied the requirements of Section 51228.1 or
2251228.2, it shall immediately notify the Superintendent andbegin delete include
23all of the following in that notification:end delete
begin insert specify the steps that the
24school district has taken, if any, to resolve the situation and the
25changes, if any, to the school district’s policies or procedures to
26ensure that all of its schools satisfy the requirements of Sections
2751228.1 and 51228.2 in the future.end insert

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28(1) A description of the circumstances that caused the school
29district not to satisfy the pertinent requirement.

30(2) The number of pupils affected.

31(3) The steps that the school district has taken, if any, to resolve
32the situation.

33(4) Any changes to the school district’s policies or procedures
34to ensure that all of its schools satisfy the requirements of Sections
3551228.1 and 51228.2 in the future.

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36(b) Any member of the public may file a complaint directly with
37the department alleging that, at any point during the current or
38preceding academic year, a school district has not satisfied the
39requirements of Section 51228.1 or 51228.2. A complaint may be
40filed anonymously if the complaint provides evidence or
P8    1information leading to evidence to support an allegation that the
2school district has not satisfied the requirements of Section 51228.1
3or 51228.2.

4(c) Within 21 days of receiving a complaint pursuant to
5subdivision (b), the department shall complete an investigation
6into the circumstances giving rise to the report or complaint.

7(d) To the extent that the department concludes, in response to
8begin insert a school district’s report pursuant to subdivision (a), or following
9an investigation required by subdivision (c) in response toend insert
a
10complaint filed under subdivision (b), that the school district has
11not taken appropriate action to resolve the situation that gave rise
12to a report or complaint, the Superintendent shall immediately
13convene a local assistance committee to develop a written plan to
14ensure that the school district satisfies the requirements of Sections
1551228.1 and 51228.2.begin insert The local assistance committee shall include
16representatives from the department, the school district, the school,
17and, to the extent practicable, shall also include a representative
18from the applicable county office of education.end insert
In developing the
19plan, the local assistance committee shall consult with pupils,
20parents, legal guardians or educational rights holders, and teachers
21at the affected schools. The local assistance committee shall
22complete the plan no later than 21 days after the department makes
23the determination required pursuant to this subdivision.

24(e) The Superintendent shall prepare an annual report detailing
25actions taken pursuant to this section. The Superintendent shall
26submit the report to the Legislature in advance of the department’s
27budget hearing each fiscal year. The report shall be submitted in
28compliance with Section 9795 of the Government Code.

29(f) The Superintendent shall have all power and authority
30necessary to effectuate the requirements of this section.begin insert The
31Superintendent shall adopt regulations that set forth the procedures
32governing this section.end insert

33

SEC. 4.  

If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



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