BILL NUMBER: AB 1012 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2015
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 bill, commencing with the
2016-17 school year, 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 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. 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.
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 Commencing with the
2016-17 school year, 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 from high school established in this article:
(A) 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 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 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 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) 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 from high school established in this article:
(A) 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 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 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 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) 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 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, any of the
following occurs:
(1) The pupil is sent home or
released from campus before the conclusion of the designated
schoolday, or schoolday.
(2) The pupil is assigned to service,
instructional work experience, or to a course that has a different
name, but involves the pupil providing assistance to a
certificated employee in a situation in which the ratio of pupil to
employee is greater than one to one.
(3) The pupil 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 from high school established
in this article, unless the pupil is assigned for the purpose of
improving a lesser grade or because the course has been designed to
be taken more than once, or unless all of the
following conditions are satisfied:
(1) The principal or 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 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) 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 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 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.
(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 pursuant 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.
51228.3. (a) A complaint of noncompliance with the
requirements of Section 51228.1 or 51228.2 may be filed with the
local educational agency under the Uniform Complaint Procedures set
forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of
Title 5 of the California Code of Regulations.
(b) Within five schooldays of a local educational agency's receipt
of a complaint alleging a violation of the requirements of Section
51228.1 or 51228.2, the local educational agency shall conduct a
complete investigation and issue a written local educational agency
decision. The investigation and decision shall comply with the
requirements of subdivisions (b) to (d), inclusive, and paragraphs
(1) to (7), inclusive, of subdivision (e), of Section 4631 of Title 5
of the California Code of Regulations. When a local educational
agency determines that a complaint filed pursuant to this section has
merit, it shall provide a report to the department regarding the
basis for the complaint, the findings, and the remedy provided.
(c) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title
5 of the California Code of Regulations.
(d) If the complainant appeals a local educational agency decision
regarding an alleged violation of the requirements of Section
51228.1 or 51228.2, the department shall issue a written decision
regarding the appeal within 30 days of the department's receipt of
the appeal.
(e) If the department renders a decision in favor of the
complainant, the local educational agency 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)
(f) The Superintendent shall prepare an annual report
detailing actions taken pursuant to this section. The
By January 1 of each fiscal year, 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. appropriate fiscal and policy
committees of the Legislature.
(f)
(g) 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.