Amended in Assembly June 1, 2015

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.

This 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 complaint of noncompliance with the requirements of the bill is filed with a local educationalbegin delete agency.end deletebegin insert agency or if an appeal of the local educational agency’s decision on the complaint is made to the State Department of Education.end insert 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 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:

P2    1

SECTION 1.  

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

P3    1

51228.1.  

(a) Commencing with the 2016-17 school year,
2except as provided in subdivision (e), a school district maintaining
3any of grades 7 to 12, inclusive, shall not assign any pupil enrolled
4in a school in the school district to any course period without
5educational content for more than one week in any semester, unless
6all of the following conditions are satisfied:

7(1) For any pupil who has not fulfilled the prerequisites for
8admission to the California public institutions of postsecondary
9education or the minimum requirements for receiving a diploma
10of graduation from high school established in this article:

11(A) 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 will benefit from being assigned to the course period,
14and provides an individualized explanation in the written
15certification for that conclusion, which may include an
16individualized determination that the pupil will benefit from
17mentorship that will be provided by the certificated or certified
18employee supervising the pupil during the relevant period.

19(B) The principal or an assistant principal of the school certifies
20in a document to be placed in the pupil’s cumulative file that
21providing a course period with educational content is not likely to
22benefit the pupil to the same extent as providing the course period
23without educational content, and provides an explanation in the
24written certification for that conclusion.

25(C) The principal or an assistant principal of the school certifies
26in a document to be placed in the pupil’s cumulative record that
27the pupil is not being assigned to the course because there are no
28other courses with curricular content for the pupil to take during
29the relevant period in the designated schoolday.

30(D) The principal or an assistant principal of the school certifies
31in a document to be placed in the pupil’s cumulative record that
32the pupil and the parent, legal guardian, or educational rights holder
33of the pupil have consented to the pupil’s enrollment in the course
34 period without educational content and that the school has obtained
35a consent form, signed by the pupil and the parent, legal guardian,
36or educational rights holder of the pupil.

37(E) The pupil is assigned to no more than one course period
38without educational content during a single semester.

39(2) For any pupil who has fulfilled both the prerequisites for
40admission to the California public institutions of postsecondary
P4    1education and the minimum requirements for receiving a diploma
2of graduation from high school established in this article:

3(A) The principal or an assistant principal of the school certifies
4in a document to be placed in the pupil’s cumulative record that
5the pupil will benefit from being assigned to the course period and
6provides an individualized explanation in the written certification
7for that conclusion, which may include an individualized
8determination that the pupil will benefit from mentorship that will
9be provided by the certificated or certified employee supervising
10the pupil during the relevant period or identification of the
11educational or employment opportunity that assigning the course
12period will allow the pupil to pursue and reason for concluding
13the pupil will, in fact, pursue that opportunity.

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

19(C) The principal or an assistant principal of the school certifies
20in a document to be placed in the pupil’s cumulative record that
21the pupil and the parent, legal guardian, or educational rights holder
22of the pupil have consented to the pupil’s enrollment in the course
23period without educational content and that the school has obtained
24a consent form, signed by the pupil and the parent, legal guardian,
25or educational rights holder of the pupil.

26(b) Under no circumstances shall a school district assign any
27pupil enrolled in a school in the school district to a course period
28without educational content because there are not sufficient
29curricular course offerings for the pupil to take during the relevant
30period of the designated schoolday.

31(c) For purposes of this section, “course period without
32educational content” is defined as one course period during which
33 any of the following occurs:

34(1) The pupil is sent home or released from campus before the
35conclusion of the designated schoolday.

36(2) The pupil is assigned to service, instructional work
37experience, or to a course that has a different name, but involves
38the pupil providing assistance to a certificated employee in a
39situation in which the ratio of pupil to employee is greater than
40one to one.

P5    1(3) The pupil is not assigned to any course for the relevant
2course period.

3(d) Nothing in this section shall be interpreted to limit or
4otherwise affect the authority of a school district to establish and
5maintain evening high school programs, as provided for in Article
63 (commencing with Section 51720) of Chapter 5, to offer
7 independent study, as provided for in Article 5.5 (commencing
8with Section 51745) of Chapter 5, to provide courses of work-based
9learning or work experience education, as provided for in Article
107 (commencing with Section 51760) of Chapter 5, or to offer any
11class or course of instruction authorized under Chapter 5
12(commencing with Section 51700), if the program otherwise meets
13all of the requirements of law governing that program.

14(e) This section shall not apply to a pupil enrolled in any of the
15following:

16(1) An alternative school.

17(2) A community day school.

18(3) A continuation high school.

19(4) An opportunity school.

20(f) The Superintendent shall adopt regulations to establish
21procedures governing this section, including the form of the
22certifications required pursuant to subdivision (a).

23

SEC. 2.  

Section 51228.2 is added to the Education Code, to
24read:

25

51228.2.  

(a) Except as provided in subdivision (d), a school
26district maintaining any of grades 7 to 12, inclusive, shall not assign
27any pupil enrolled in a school in the school district to a course that
28the pupil has previously completed and received a grade determined
29by the school district to be sufficient to satisfy the requirements
30and prerequisites for admission to the California public institutions
31of postsecondary education and the minimum requirements for
32receiving a diploma of graduation from high school established in
33this article, unless the pupil is assigned for the purpose of
34improving a lesser grade or because the course has been designed
35to be taken more than once, or unless all of the following conditions
36are satisfied:

37(1) The principal or an assistant principal of the school certifies
38in a document to be placed in the pupil’s cumulative record that
39the course is designed to be repeated because pupils are exposed
P6    1to a new curriculum year-to-year and are therefore expected to
2derive educational value from taking the course again.

3(2) The principal or an assistant principal of the school certifies
4in a document to be placed in the pupil’s cumulative record that
5the pupil is not being assigned to the course because there are no
6other courses with curricular content for the pupil to take during
7the relevant period in the designated schoolday.

8(3) The principal or an assistant principal of the school certifies
9in a document to be placed in the pupil’s cumulative record that
10the pupil has consented to the pupil’s enrollment in the course.

11(b) Under no circumstances shall a school district assign any
12pupil enrolled in a school in the school district to a course that the
13pupil has previously completed and received a grade determined
14by the school district to be sufficient to satisfy the requirements
15and prerequisites for admission to the California public institutions
16of postsecondary education and the minimum requirements for
17receiving a diploma of graduation from high school established in
18this article because there are not sufficient curricular course
19offerings for the pupil to take during the relevant period of the
20designated schoolday.

21(c) Nothing in this section shall be interpreted to limit or
22otherwise affect the authority of a school district to establish and
23maintain evening high school programs, as provided for in Article
243 (commencing with Section 51720) of Chapter 5, to offer
25independent study, as provided for in Article 5.5 (commencing
26with Section 51745) of Chapter 5, to provide courses of work-based
27learning or work experience education, as provided for in Article
287 (commencing with Section 51760) of Chapter 5, or to offer any
29class or course of instruction authorized under Chapter 5
30(commencing with Section 51700), if the program otherwise meets
31all of the requirements of law governing that program.

32(d) This section shall not apply to a pupil enrolled in any of the
33following:

34(1) An alternative school.

35(2) A community day school.

36(3) A continuation high school.

37(4) An opportunity school.

38(e) The Superintendent shall adopt regulations to establish
39procedures governing this section, including the form of the
40certifications required pursuant to subdivision (a).

P7    1

SEC. 3.  

Section 51228.3 is added to the Education Code, to
2read:

3

51228.3.  

(a) A complaint of noncompliance with the
4requirements of Section 51228.1 or 51228.2 may be filed with the
5local educational agency under the Uniform Complaint Procedures
6set forth in Chapter 5.1 (commencing with Section 4600) of
7Division 1 of Title 5 of the California Code of Regulations.

begin delete

8(b) Within five schooldays of a local educational agency’s
9receipt of a complaint alleging a violation of the requirements of
10Section 51228.1 or 51228.2, the local educational agency shall
11conduct a complete investigation and issue a written local
12educational agency decision. The investigation and decision shall
13comply with the requirements of subdivisions (b) to (d), inclusive,
14and paragraphs (1) to (7), inclusive, of subdivision (e), of Section
154631 of Title 5 of the California Code of Regulations. When a
16local educational agency determines that a complaint filed pursuant
17to this section has merit, it shall provide a report to the department
18regarding the basis for the complaint, the findings, and the remedy
19provided.

20(c) A complainant not satisfied with the decision of a local
21educational agency may appeal the decision to the department
22pursuant to Chapter 5.1 (commencing with Section 4600) of
23Division 1 of Title 5 of the California Code of Regulations.

24(d) If the complainant appeals a local educational agency
25decision regarding an alleged violation of the requirements of
26Section 51228.1 or 51228.2, the department shall issue a written
27 decision regarding the appeal within 30 days of the department’s
28receipt of the appeal.

29(e) If the department renders a decision in favor of the
30complainant, the local educational agency shall immediately
31convene a local assistance committee to develop a written plan to
32ensure that the school district satisfies the requirements of Sections
3351228.1 and 51228.2. The local assistance committee shall include
34representatives from the department, the school district, the school,
35and, to the extent practicable, shall also include a representative
36from the applicable county office of education. In developing the
37plan, the local assistance committee shall consult with pupils,
38parents, legal guardians or educational rights holders, and teachers
39at the affected schools. The local assistance committee shall
P8    1complete the plan no later than 21 days after the department makes
2the determination required pursuant to this subdivision.

end delete
begin insert

3(b) A complainant not satisfied with the decision of a local
4educational agency may appeal the decision to the department
5pursuant to the Uniform Complaint Procedures set forth in Chapter
65.1 (commencing with Section 4600) of Division 1 of Title 5 of the
7California Code of Regulations, and shall receive a decision
8regarding the appeal within 60 days of the department’s receipt
9of the appeal.

end insert
begin insert

10(c) If a local educational agency finds merit in a complaint filed
11pursuant to subdivision (a), or the Superintendent finds merit in
12an appeal made pursuant to subdivision (b), the local educational
13agency shall provide a remedy to the affected pupil.

end insert
begin delete

14(f)

end delete

15begin insert(d)end insert The Superintendent shall prepare an annual report detailing
16actions taken pursuant to this section. By January 1 of each fiscal
17year, the Superintendent shall submit the report to the appropriate
18fiscal and policy committees of the Legislature.

begin delete

19(g)

end delete

20begin insert(e)end insert The Superintendent shall have all power and authority
21necessary to effectuate the requirements of this section. The
22Superintendent shall adopt regulations that set forth the procedures
23governing this section.

24

SEC. 4.  

If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.



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