BILL NUMBER: AB 1012 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Jones-Sawyer
( Coauthors: Senators Hall
and Mitchell )
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 graduation for from 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.
The bill would require the Superintendent of Public Instruction to
adopt regulations governing these provisions.
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 from high school
established in this article:
(A) The principal or primary guidance counselor
an assistant principal 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
an assistant principal 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
an assistant principal 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.
(D) The principal or an assistant principal of the school
certifies in a document to be placed in the pupil's cumulative record
that the pupil and the parent, legal guardian, or educational rights
holder of the pupil have consented to the pupil's enrollment in the
course period without educational content and that the school has
obtained a consent form, signed by the pupil and the parent, legal
guardian, or educational rights holder of the pupil.
(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 from high school
established in this article:
(A) The principal or an assistant principal of the
school certifies in writing a document to be
placed in the pupil's cumulative record that the pupil will
obtain educational value 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 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
an assistant principal 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.
(C) The principal or an assistant principal of the school
certifies in a document to be placed in the pupil's cumulative record
that the pupil and the parent, legal guardian, or educational rights
holder of the pupil have consented to the pupil's enrollment in the
course period without educational content and that the school has
obtained a consent form, signed by the pupil and the parent, legal
guardian, or educational rights holder of the pupil.
(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.
schoolday.
(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,
schoolday, 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.
(f) The Superintendent shall adopt regulations to establish
procedures governing this section, including the form of the
certifications required pursuant to subdivision (a).
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
from high school established in this article, unless all of the
following conditions are satisfied:
(1) The principal or primary guidance counselor
an assistant principal 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
an assistant principal 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.
(3) The principal or an assistant principal of the school
certifies in a document to be placed in the pupil's cumulative record
that the pupil has consented to the pupil's enrollment 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 from 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.
(e) The Superintendent shall adopt regulations to establish
procedures governing this section, including the form of the
certifications required pursuant to subdivision (a).
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:
specify the steps that the school district has taken, if any, to
resolve the situation and the changes, if any, 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.
(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 school district's report pur suant to subdivision
(a), or following an investigation required by subdivision (c) 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. The local
assistance committee shall include representatives from the
department, the school district, the school, and, to the
extent practicable, shall also include a representative from the
applicable county office of education. 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. The
Superintendent shall adopt regulations that set forth the procedures
governing 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.