Amended in Senate July 15, 2015

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 gradesbegin delete 7end deletebegin insert 9end insert 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 billbegin delete wouldend deletebegin insert would, commencing with the 2016-17 school year,end insert also prohibit school districts that maintain any of gradesbegin delete 7end deletebegin insert 9end insert 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 educational agency or if an appeal of the local educational agency’s decision on the complaint is made to the State Department of Education. 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 tobegin delete adoptend deletebegin insert developend insert regulationsbegin insert for adoption by the State Board of Educationend insert 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) Commencing with the 2016-17 school year,
4except as provided in subdivision (e), a school district maintaining
5any of gradesbegin delete 7end deletebegin insert 9end insert to 12, inclusive, shall not assign any pupil
6enrolled 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:

begin delete

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.

end delete
begin insert

30(1) A pupil is assigned to that course only if the pupil or, for a
31pupil who has not reached the age of majority, the pupil’s parent,
32guardian, or educational rights holder has consented in writing
33to the assignment.

end insert
begin insert

34(2) A school official has determined that the pupil will benefit
35from being assigned to the course period.

end insert
begin insert

36(3) The principal or assistant principal of the school has stated
37in a written document maintained at the school that, for the
38relevant school year, no pupils are assigned to those classes unless
39the school has met the conditions specified in paragraphs (1) and
40(2).

end insert

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 designated schoolday.

6(c) For purposes of this section, “course period without
7educational content” is defined as one course period during which
8 any of the following occurs:

9(1) The pupil is sent home or released from campus before the
10conclusion of the designated schoolday.

11(2) The pupil is assigned tobegin insert aend insert service, instructional work
12experience, or tobegin delete a course that has a different name, but involves
13the pupil providing assistance to a certificated employee in a
14situation in which the ratio of pupil to employee is greater than
15one to one.end delete
begin insert an otherwise named course in which the pupil is
16assigned to assist a certificated employee, but not expected to
17complete curricular assignments, in a course the certificated
18employee is teaching during that period and where the ratio of
19certificated employees to pupils assigned to the course for
20curricular purposes is less than one to one.end insert

21(3) The pupil is not assigned to any course for the relevant
22course period.

23(d) Nothing in this section shall be interpreted to limit or
24otherwise affect the authority of a school district to establish and
25maintain evening high school programs, as provided for in Article
263 (commencing with Section 51720) of Chapter 5, to offer
27 independent study, as provided for in Article 5.5 (commencing
28with Section 51745) of Chapter 5, to provide courses of work-based
29learning or work experience education, as provided for in Article
307 (commencing with Section 51760) of Chapter 5, or to offer any
31class or course of instruction authorized under Chapter 5
32(commencing with Section 51700), if the program otherwise meets
33all of the requirements of law governing that program.

34(e) This section shall not apply to a pupil enrolled in any of the
35following:

36(1) An alternative school.

37(2) A community day school.

38(3) A continuation high school.

39(4) An opportunity school.

P6    1(f) The Superintendent shallbegin delete adoptend deletebegin insert developend insert regulationsbegin insert for
2adoption by the state boardend insert
to establish procedures governing this
3section, including the form of thebegin delete certificationsend deletebegin insert written statementend insert
4 required pursuant to subdivision (a).

5

SEC. 2.  

Section 51228.2 is added to the Education Code, to
6read:

7

51228.2.  

(a) begin deleteExcept end deletebegin insertCommencing with the 2016-17 school
8year, exceptend insert
as provided in subdivision (d), a school district
9maintaining any of gradesbegin delete 7end deletebegin insert 9end insert to 12, inclusive, shall not assign any
10pupil enrolled in a school in the school district to a course that the
11pupil has previously completed and received a grade determined
12by the school district to be sufficient to satisfy the requirements
13and prerequisites for admission to the California public institutions
14of postsecondary education and the minimum requirements for
15receiving a diploma of graduation from high school established in
16this article, unlessbegin delete the pupil is assigned for the purpose of
17improving a lesser grade or because the course has been designed
18to be taken more than once, or unless allend delete
begin insert eitherend insert of the following begin delete19 conditions are satisfied:end delete begin insert applies:end insert

begin delete

20(1) The principal or an assistant principal of the school certifies
21in a document to be placed in the pupil’s cumulative record that
22the course is designed to be repeated because pupils are exposed
23to a new curriculum year-to-year and are therefore expected to
24derive educational value from taking the course again.

25(2) 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(3) 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 has consented to the pupil’s enrollment in the course.

end delete
begin insert

33(1) The course has been designed to be taken more than once
34because pupils are exposed to a new curriculum year to year and
35are therefore expected to derive educational value from taking the
36course again.

end insert
begin insert

37(2) For any course that has not been designed to be taken more
38than once, all of the following conditions are satisfied:

end insert
begin insert

39(A) A pupil is assigned to the course only if the pupil or, for a
40pupil who has not reached the age of majority, the pupil’s parent,
P7    1guardian, or educational rights holder has consented in writing
2to the assignment for the purpose of improving a lower grade.

end insert
begin insert

3(B) A school official has determined that the pupil will benefit
4from being assigned to the course period.

end insert
begin insert

5(C) The principal or assistant principal of the school has stated
6in a written document to be maintained at the school that, for the
7relevant school year, no pupils are assigned to those classes unless
8the school has met the conditions specified in subparagraphs (A)
9and (B).

end insert

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

20(c) Nothing in this section shall be interpreted to limit or
21otherwise affect the authority of a school district to establish and
22maintain evening high school programs, as provided for in Article
233 (commencing with Section 51720) of Chapter 5, to offer
24independent study, as provided for in Article 5.5 (commencing
25with Section 51745) of Chapter 5, to provide courses of work-based
26learning or work experience education, as provided for in Article
277 (commencing with Section 51760) of Chapter 5, or to offer any
28class or course of instruction authorized under Chapter 5
29(commencing with Section 51700), if the program otherwise meets
30all of the requirements of law governing that program.

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

33(1) An alternative school.

34(2) A community day school.

35(3) A continuation high school.

36(4) An opportunity school.

37(e) The Superintendent shallbegin delete adoptend deletebegin insert developend insert regulationsbegin insert for
38adoption by the state boardend insert
to establish procedures governing this
39section, including the form of thebegin delete certificationsend deletebegin insert written statementend insert
40 required pursuant to subdivision (a).

P8    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.

8(b) A complainant not satisfied with the decision of a local
9educational agency may appeal the decision to the department
10pursuant to the Uniform Complaint Procedures set forth in Chapter
115.1 (commencing with Section 4600) of Division 1 of Title 5 of
12the California Code of Regulations, and shall receive a decision
13regarding the appeal within 60 days of the department’s receipt of
14 the appeal.

15(c) If a local educational agency finds merit in a complaint filed
16pursuant to subdivision (a), or the Superintendent finds merit in
17an appeal made pursuant to subdivision (b), the local educational
18agency shall provide a remedy to the affected pupil.

19(d) The Superintendent shall prepare an annual report detailing
20actions taken pursuant to this section. By January 1 of eachbegin delete fiscalend delete
21 year, the Superintendent shall submit the report to the appropriate
22fiscal and policy committees of the Legislature.

23(e) The Superintendent shall have all power and authority
24necessary to effectuate the requirements of this section. The
25Superintendent shall begin delete adoptend delete begin insert developend insert regulationsbegin insert for adoption by the
26state boardend insert
that set forth the procedures governing this section.

27

SEC. 4.  

If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.



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