Amended in Assembly May 6, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1012


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.

Thisbegin delete billend deletebegin insert bill, commencing with the 2016-17 school year,end insert 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 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 abegin delete 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.end deletebegin insert complaint of noncompliance with the requirements of the bill is filed with a local educational agency. The bill would require the Superintendent of Public Instruction to prepare an annual report detailing actions taken pursuant to these procedures.end insert

The bill would require the Superintendentbegin delete of Public Instructionend delete 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:

P3    1

SECTION 1.  

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

3

51228.1.  

(a) begin deleteExcept end deletebegin insertCommencing with the 2016-17 school
4year, except end insert
as provided in subdivision (e), a school district
5maintaining any of grades 7 to 12, inclusive, shall not assign any
6pupil enrolled in a school in the school district to any course period
7without educational content for more than one week in any
8semester, unless all of the following conditions are satisfied:

9(1) For any pupil who has not fulfilled the prerequisites for
10admission to the California public institutions of postsecondary
11education or the minimum requirements for receiving a diploma
12of graduation from high school established in this article:

13(A) The principal or an assistant principal of the school certifies
14in a document to be placed in the pupil’s cumulative record that
15the pupil will benefit from being assigned to the course period,
16and provides an individualized explanation in the written
17certification for that conclusion, which may include an
18individualized determination that the pupil will benefit from
19mentorship that will be provided by the certificated or certified
20employee supervising the pupil during the relevant period.

21(B) The principal or an assistant principal of the school certifies
22in a document to be placed in the pupil’s cumulative file that
23providing a course period with educational content is not likely to
24benefit the pupil to the same extent as providing the course period
25without educational content, and provides an explanation in the
26written certification for that conclusion.

27(C) The principal or an assistant principal of the school certifies
28in a document to be placed in the pupil’s cumulative record that
29the pupil is not being assigned to the course because there are no
30other courses with curricular content for the pupil to take during
31the relevant period in the designated schoolday.

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

P4    1(E) The pupil is assigned to no more than one course period
2without educational content during a single semester.

3(2) For any pupil who has fulfilled both the prerequisites for
4admission to the California public institutions of postsecondary
5education and the minimum requirements for receiving a diploma
6of graduation from high school established in this article:

7(A) The principal or an assistant principal of the school certifies
8in a document to be placed in the pupil’s cumulative record that
9the pupil will benefit from being assigned to the course period and
10provides an individualized explanation in the written certification
11for that conclusion, which may include an individualized
12determination that the pupil will benefit from mentorship that will
13be provided by the certificated or certified employee supervising
14the pupil during the relevant period or identification of the
15educational or employment opportunity that assigning the course
16period will allow the pupil to pursue and reason for concluding
17the pupil will, in fact, pursue that opportunity.

18(B) The principal or an assistant principal of the school certifies
19in a document to be placed in the pupil’s cumulative record that
20the pupil is not being assigned to the course because there are no
21other courses with curricular content for the pupil to take during
22the relevant period in the designated schoolday.

23(C) The principal or an assistant principal of the school certifies
24in a document to be placed in the pupil’s cumulative record that
25the pupil and the parent, legal guardian, or educational rights holder
26of the pupil have consented to the pupil’s enrollment in the course
27period without educational content and that the school has obtained
28a consent form, signed by the pupil and the parent, legal guardian,
29or educational rights holder of the pupil.

30(b) Under no circumstances shall a school district assign any
31pupil enrolled in a school in the school district to a course period
32without educational content because there are not sufficient
33curricular course offerings for the pupil to take during the relevant
34period of the designated schoolday.

35(c) For purposes of this section, “course period without
36educational content” is defined as one course period during which
37begin delete the pupil is expected to engage in activities with no assigned or
38planned substantive curricular content. This definition includes,
39but is not limited to, a course period during which a pupil is
40assigned to a room in which no certificated staff is designated to
P5    1provide instruction or assistance with assignments or curricular
2content from other assigned courses, end delete
begin insert any of the following occurs:end insert

3begin insert(1)end insertbegin insertend insertbegin insertThe pupilend insert is sent home or released from campus before the
4conclusion of the designatedbegin delete schoolday, orend deletebegin insert schoolday.end insert

5begin insert (2)end insertbegin insertend insertbegin insertThe pupil is assigned to service, instructional work
6experience, or to a course that has a different name, but involves
7the pupil providing assistance to a certificated employee in a
8situation in which the ratio of pupil to employee is greater than
9one to one.end insert

10begin insert(3)end insertbegin insertend insertbegin insertThe pupilend insert is not assigned to any course for the relevant course
11period.

12(d) Nothing in this section shall be interpreted to limit or
13otherwise affect the authority of a school district to establish and
14maintain evening high school programs, as provided for in Article
153 (commencing with Section 51720) of Chapter 5, to offer
16 independent study, as provided for in Article 5.5 (commencing
17with Section 51745) of Chapter 5, to provide courses of work-based
18learning or work experience education, as provided for in Article
197 (commencing with Section 51760) of Chapter 5, or to offer any
20class or course of instruction authorized under Chapter 5
21(commencing with Section 51700), if the program otherwise meets
22all of the requirements of law governing that program.

23(e) This section shall not apply to a pupil enrolled in any of the
24following:

25(1) An alternative school.

26(2) A community day school.

27(3) A continuation high school.

28(4) An opportunity school.

29(f) The Superintendent shall adopt regulations to establish
30procedures governing this section, including the form of the
31certifications required pursuant to subdivision (a).

32

SEC. 2.  

Section 51228.2 is added to the Education Code, to
33read:

34

51228.2.  

(a) Except as provided in subdivision (d), a school
35district maintaining any of grades 7 to 12, inclusive, shall not assign
36any pupil enrolled in a school in the school district to a course that
37the pupil has previously completed and received a grade determined
38by the school district to be sufficient to satisfy the requirements
39and prerequisites for admission to the California public institutions
40of postsecondary education and the minimum requirements for
P6    1receiving a diploma of graduation from high school established in
2this article, unlessbegin insert the pupil is assigned for the purpose of
3improving a lesser grade or because the course has been designed
4to be taken more than once, or unlessend insert
all of the following
5conditions are satisfied:

6(1) The principal or an assistant principal of the school certifies
7in a document to be placed in the pupil’s cumulative record that
8the course is designed to be repeated because pupils are exposed
9to a new curriculum year-to-year and are therefore expected to
10derive educational value from taking the course again.

11(2) The principal or an assistant principal of the school certifies
12in a document to be placed in the pupil’s cumulative record that
13the pupil is not being assigned to the course because there are no
14other courses with curricular content for the pupil to take during
15the relevant period in the designated schoolday.

16(3) The principal or an assistant principal of the school certifies
17in a document to be placed in the pupil’s cumulative record that
18the pupil has consented to the pupil’s enrollment in the course.

19(b) Under no circumstances shall a school district assign any
20pupil enrolled in a school in the school district to a course that the
21pupil has previously completed and received a grade determined
22by the school district to be sufficient to satisfy the requirements
23and prerequisites for admission to the California public institutions
24of postsecondary education and the minimum requirements for
25receiving a diploma of graduation from high school established in
26this article because there are not sufficient curricular course
27offerings for the pupil to take during the relevant period of the
28designated schoolday.

29(c) Nothing in this section shall be interpreted to limit or
30otherwise affect the authority of a school district to establish and
31maintain evening high school programs, as provided for in Article
323 (commencing with Section 51720) of Chapter 5, to offer
33independent study, as provided for in Article 5.5 (commencing
34with Section 51745) of Chapter 5, to provide courses of work-based
35learning or work experience education, as provided for in Article
367 (commencing with Section 51760) of Chapter 5, or to offer any
37class or course of instruction authorized under Chapter 5
38(commencing with Section 51700), if the program otherwise meets
39all of the requirements of law governing that program.

P7    1(d) This section shall not apply to a pupil enrolled in any of the
2following:

3(1) An alternative school.

4(2) A community day school.

5(3) A continuation high school.

6(4) An opportunity school.

7(e) The Superintendent shall adopt regulations to establish
8procedures governing this section, including the form of the
9certifications required pursuant to subdivision (a).

10

SEC. 3.  

Section 51228.3 is added to the Education Code, to
11read:

begin delete
12

51228.3.  

(a) If a school district determines that, at any point
13during the current or preceding academic year, one or more of its
14schools has not satisfied the requirements of Section 51228.1 or
1551228.2, it shall immediately notify the Superintendent and specify
16the steps that the school district has taken, if any, to resolve the
17situation and the changes, if any, to the school district’s policies
18or procedures to ensure that all of its schools satisfy the
19requirements of Sections 51228.1 and 51228.2 in the future.

20(b) Any member of the public may file a complaint directly with
21the department alleging that, at any point during the current or
22preceding academic year, a school district has not satisfied the
23requirements of Section 51228.1 or 51228.2. A complaint may be
24filed anonymously if the complaint provides evidence or
25information leading to evidence to support an allegation that the
26school district has not satisfied the requirements of Section 51228.1
27or 51228.2.

28(c) Within 21 days of receiving a complaint pursuant to
29subdivision (b), the department shall complete an investigation
30into the circumstances giving rise to the report or complaint.

31(d) To the extent that the department concludes, in response to
32a school district’s report pursuant to subdivision (a), or following
33an investigation required by subdivision (c) in response to a
34complaint filed under subdivision (b), that the school district has
35not taken appropriate action to resolve the situation that gave rise
36to a report or complaint, the Superintendent shall immediately
37convene a local assistance committee to develop a written plan to
38ensure that the school district satisfies the requirements of Sections
3951228.1 and 51228.2. The local assistance committee shall include
40representatives from the department, the school district, the school,
P8    1and, to the extent practicable, shall also include a representative
2from the applicable county office of education. In developing the
3plan, the local assistance committee shall consult with pupils,
4parents, legal guardians or educational rights holders, and teachers
5at the affected schools. The local assistance committee shall
6complete the plan no later than 21 days after the department makes
7the determination required pursuant to this subdivision.

end delete
8begin insert

begin insert51228.3.end insert  

end insert
begin insert

(a) A complaint of noncompliance with the
9requirements of Section 51228.1 or 51228.2 may be filed with the
10local educational agency under the Uniform Complaint Procedures
11set forth in Chapter 5.1 (commencing with Section 4600) of
12Division 1 of Title 5 of the California Code of Regulations.

end insert
begin insert

13(b) Within five schooldays of a local educational agency’s
14receipt of a complaint alleging a violation of the requirements of
15Section 51228.1 or 51228.2, the local educational agency shall
16conduct a complete investigation and issue a written local
17educational agency decision. The investigation and decision shall
18comply with the requirements of subdivisions (b) to (d), inclusive,
19and paragraphs (1) to (7), inclusive, of subdivision (e), of Section
204631 of Title 5 of the California Code of Regulations. When a local
21educational agency determines that a complaint filed pursuant to
22this section has merit, it shall provide a report to the department
23regarding the basis for the complaint, the findings, and the remedy
24provided.

end insert
begin insert

25(c) A complainant not satisfied with the decision of a local
26educational agency may appeal the decision to the department
27pursuant to Chapter 5.1 (commencing with Section 4600) of
28Division 1 of Title 5 of the California Code of Regulations.

end insert
begin insert

29(d) If the complainant appeals a local educational agency
30decision regarding an alleged violation of the requirements of
31Section 51228.1 or 51228.2, the department shall issue a written
32 decision regarding the appeal within 30 days of the department’s
33receipt of the appeal.

end insert
begin insert

34(e) If the department renders a decision in favor of the
35complainant, the local educational agency shall immediately
36convene a local assistance committee to develop a written plan to
37ensure that the school district satisfies the requirements of Sections
3851228.1 and 51228.2. The local assistance committee shall include
39representatives from the department, the school district, the school,
40and, to the extent practicable, shall also include a representative
P9    1from the applicable county office of education. In developing the
2plan, the local assistance committee shall consult with pupils,
3parents, legal guardians or educational rights holders, and
4teachers at the affected schools. The local assistance committee
5shall complete the plan no later than 21 days after the department
6makes the determination required pursuant to this subdivision.

end insert
begin delete

7(e)

end delete

8begin insert(f)end insert The Superintendent shall prepare an annual report detailing
9actions taken pursuant to this section.begin delete Theend deletebegin insert By January 1 of each
10fiscal year, theend insert
Superintendent shall submit the report to the
11begin delete Legislature in advance of the department’s budget hearing each
12fiscal year. The report shall be submitted in compliance with
13Section 9795 of the Government Code.end delete
begin insert appropriate fiscal and
14policy committees of the Legislature.end insert

begin delete

15(f)

end delete

16begin insert(g)end insert The Superintendent shall have all power and authority
17necessary to effectuate the requirements of this section. The
18Superintendent shall adopt regulations that set forth the procedures
19governing this section.

20

SEC. 4.  

If the Commission on State Mandates determines that
21this act contains costs mandated by the state, reimbursement to
22local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.



O

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