BILL NUMBER: AB 1012 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
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, commencing with the 2016-17 school year, would prohibit
school districts that maintain any of grades 7
9 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 would, commencing with the
2016-17 school year, also prohibit school districts that
maintain any of grades 7 9 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 to adopt
develop regulations for adoption by the
State Board of Education 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) Commencing with the 2016-17 school year, except as
provided in subdivision (e), a school district maintaining any of
grades 7 9 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.
(1) A pupil is assigned to that course only if the pupil or, for a
pupil who has not reached the age of majority, the pupil's parent,
guardian, or educational rights holder has consented in writing to
the assignment.
(2) A school official has determined that the pupil will benefit
from being assigned to the course period.
(3) The principal or assistant principal of the school has stated
in a written document maintained at the school that, for the relevant
school year, no pupils are assigned to those classes unless the
school has met the conditions specified in paragraphs (1) and (2).
(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 any
of the following occurs:
(1) The pupil is sent home or released from campus before the
conclusion of the designated schoolday.
(2) The pupil is assigned to a 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. an otherwise named course in
which the pupil is assigned to assist a certificated employee, but
not expected to complete curricular assignments, in a
course the certificated employee is teaching during that period and
where the ratio of certificated employees to pupils assigned to the
course for curricular purposes is less 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 develop
regulations for adoption by the state board to
establish procedures governing this section, including the form of
the certifications written statement
required pursuant to subdivision (a).
SEC. 2. Section 51228.2 is added to the Education Code, to read:
51228.2. (a) Except Commencing with the
2016-17 school year, except as provided in subdivision (d), a
school district maintaining any of grades 7 9
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 either of the
following conditions are satisfied: applies:
(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.
(1) The course has been designed to be taken more than once
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) For any course that has not been designed to be taken more
than once, all of the following conditions are satisfied:
(A) A pupil is assigned to the course only if the pupil or, for a
pupil who has not reached the age of majority, the pupil's parent,
guardian, or educational rights holder has consented in writing to
the assignment for the purpose of improving a lower grade.
(B) A school official has determined that the pupil will benefit
from being assigned to the course period.
(C) The principal or assistant principal of the school has stated
in a written document to be maintained at the school that, for the
relevant school year, no pupils are assigned to those classes unless
the school has met the conditions specified in subparagraphs (A) and
(B).
(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 develop
regulations for adoption by the state board to
establish procedures governing this section, including the form of
the certifications written statement
required pursuant to subdivision (a).
SEC. 3. Section 51228.3 is added to the Education Code, to read:
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) A complainant not satisfied with the decision of a local
educational agency may appeal the decision to the department pursuant
to 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, and shall receive a decision
regarding the appeal within 60 days of the department's receipt of
the appeal.
(c) If a local educational agency finds merit in a complaint filed
pursuant to subdivision (a), or the Superintendent finds merit in an
appeal made pursuant to subdivision (b), the local educational
agency shall provide a remedy to the affected pupil.
(d) The Superintendent shall prepare an annual report detailing
actions taken pursuant to this section. By January 1 of each
fiscal year, the Superintendent shall submit the report to
the appropriate fiscal and policy committees of the Legislature.
(e) The Superintendent shall have all power and authority
necessary to effectuate the requirements of this section. The
Superintendent shall adopt develop
regulations for adoption by the state board 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.