Amended in Senate September 3, 2015

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 grades 9 to 12, inclusive, from assigningbegin delete anyend deletebegin insert aend insert pupil enrolled inbegin insert any of grades 9 to 12, inclusive, inend insert 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 assigningbegin delete anyend deletebegin insert aend insert pupil enrolled inbegin insert any of grades 9 to 12, inclusive, inend insert 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, commencing with the 2016-17 school year, also prohibit school districts that maintain any of grades 9 to 12, inclusive, from assigning a pupilbegin insert enrolled in any of grades 9 to 12, inclusive, in a school, as defined to exclude alternative schools, community day schools, continuation schools, and opportunity schools, in the school district,end insert 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 tobegin insert authorize dual enrollment in community college or toend insert 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 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:

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 grades 9 to 12, inclusive, shall not assignbegin delete anyend deletebegin insert aend insert pupil
6enrolled inbegin insert any of grades 9 to 12, inclusive, inend insert a school in the school
7district to any course period without educational content for more
8than one week in any semester, unless all of the following
9conditions are satisfied:

10(1) A pupil is assigned to that course only if the pupil or, for a
11pupil who has not reached the age of majority, the pupil’s parent,
12guardian, or educational rights holder has consented in writing to
13the assignment.

14(2) A school official has determined that the pupil will benefit
15from being assigned to the course period.

16(3) The principal or assistant principal of the school has stated
17in a written document maintained at the school that, for the relevant
18school year, no pupils are assigned to those classes unless the
19school has met the conditions specified in paragraphs (1) and (2).

20(b) Under no circumstances shall a school district assignbegin delete anyend deletebegin insert aend insert
21 pupil enrolled inbegin insert any of grades 9 to 12, inclusive, inend insert a school in
22the school district to a course period without educational content
23because there are not sufficient curricular course offerings for the
24pupil to take during the relevant period of the designated schoolday.

25(c) For purposes of this section, “course period without
26educational content” is defined as one course period during which
27 any of the following occurs:

28(1) The pupil is sent home or released from campus before the
29conclusion of the designated schoolday.

30(2) The pupil is assigned to a service, instructional work
31experience, or to an otherwise named course in which the pupil is
32assigned to assist a certificated employee, but not expected to
33complete curricular assignments, in a course the certificated
P4    1employee is teaching during that period and where the ratio of
2certificated employees to pupils assigned to the course for
3curricular purposes is less than one to one.

4(3) The pupil is not assigned to any course for the relevant
5course period.

6(d) Nothing in this section shall be interpreted to limit or
7otherwise affect the authority of a school district tobegin insert authorize dual
8enrollment in community college, as provided for in Chapter 5
9(commencing with Section 48800) of Part 27, toend insert
establish and
10maintain evening high school programs, as provided for in Article
113 (commencing with Section 51720) of Chapter 5, to offer
12 independent study, as provided for in Article 5.5 (commencing
13with Section 51745) of Chapter 5, to provide courses of work-based
14learning or work experience education, as provided for in Article
157 (commencing with Section 51760) of Chapter 5, or to offer any
16class or course of instruction authorized under Chapter 5
17(commencing with Section 51700), if the program otherwise meets
18all of the requirements of law governing that program.

19(e) This section shall not apply to a pupil enrolled in any of the
20following:

21(1) An alternative school.

22(2) A community day school.

23(3) A continuation high school.

24(4) An opportunity school.

25(f) The Superintendent shall develop regulations for adoption
26by the state board to establish procedures governing this section,
27including the form of the written statement required pursuant to
28subdivision (a).

29

SEC. 2.  

Section 51228.2 is added to the Education Code, to
30read:

31

51228.2.  

(a) Commencing with the 2016-17 school year,
32except as provided in subdivision (d), a school district maintaining
33any of grades 9 to 12, inclusive, shall not assignbegin delete anyend deletebegin insert aend insert pupil
34enrolled inbegin insert any of grades 9 to 12, inclusive, inend insert a school in the school
35district to a course that the pupil has previously completed and
36received a grade determined by the school district to be sufficient
37to satisfy the requirements and prerequisites for admission to the
38California public institutions of postsecondary education and the
39minimum requirements for receiving a diploma of graduation from
P5    1high school established in this article, unless either of the following
2applies:

3(1) The course has been designed to be taken more than once
4because pupils are exposed to a new curriculum year to year and
5are therefore expected to derive educational value from taking the
6course again.

7(2) For any course that has not been designed to be taken more
8than once, all of the following conditions are satisfied:

9(A) A pupil is assigned to the course only if the pupil or, for a
10pupil who has not reached the age of majority, the pupil’s parent,
11guardian, or educational rights holder has consented in writing to
12the assignment for the purpose of improving a lower grade.

13(B) A school official has determined that the pupil will benefit
14from being assigned to the course period.

15(C) The principal or assistant principal of the school has stated
16in a written document to be maintained at the school that, for the
17relevant school year, no pupils are assigned to those classes unless
18the school has met the conditions specified in subparagraphs (A)
19and (B).

20(b) Under no circumstances shall a school district assignbegin delete anyend deletebegin insert aend insert
21 pupil enrolled inbegin insert any of grades 9 to 12, inclusive, inend insert a school in
22the school district to a course that the pupil has previously
23completed and received a grade determined by the school district
24to be sufficient to satisfy the requirements and prerequisites for
25admission to the California public institutions of postsecondary
26education and the minimum requirements for receiving a diploma
27of graduation from high school established in this article because
28there are not sufficient curricular course offerings for the pupil to
29take during the relevant period of the designated schoolday.

30(c) Nothing in this section shall be interpreted to limit or
31otherwise affect the authority of a school district tobegin insert authorize dual
32enrollment in community college, as provided for in Chapter 5
33 (commencing with Section 48800) of Part 27, toend insert
establish and
34maintain evening high school programs, as provided for in Article
353 (commencing with Section 51720) of Chapter 5, to offer
36independent study, as provided for in Article 5.5 (commencing
37with Section 51745) of Chapter 5, to provide courses of work-based
38learning or work experience education, as provided for in Article
397 (commencing with Section 51760) of Chapter 5, or to offer any
40class or course of instruction authorized under Chapter 5
P6    1(commencing with Section 51700), if the program otherwise meets
2all of the requirements of law governing that program.

3(d) This section shall not apply to a pupil enrolled in any of the
4following:

5(1) An alternative school.

6(2) A community day school.

7(3) A continuation high school.

8(4) An opportunity school.

9(e) The Superintendent shall develop regulations for adoption
10by the state board to establish procedures governing this section,
11including the form of the written statement required pursuant to
12subdivision (a).

13

SEC. 3.  

Section 51228.3 is added to the Education Code, to
14read:

15

51228.3.  

(a) A complaint of noncompliance with the
16requirements of Section 51228.1 or 51228.2 may be filed with the
17local educational agency under the Uniform Complaint Procedures
18set forth in Chapter 5.1 (commencing with Section 4600) of
19Division 1 of Title 5 of the California Code of Regulations.

20(b) A complainant not satisfied with the decision of a local
21educational agency may appeal the decision to the department
22pursuant to the Uniform Complaint Procedures set forth in Chapter
235.1 (commencing with Section 4600) of Division 1 of Title 5 of
24the California Code of Regulations, and shall receive a decision
25regarding the appeal within 60 days of the department’s receipt of
26 the appeal.

27(c) If a local educational agency finds merit in a complaint filed
28pursuant to subdivision (a), or the Superintendent finds merit in
29an appeal made pursuant to subdivision (b), the local educational
30agency shall provide a remedy to the affected pupil.

31(d) The Superintendent shall prepare an annual report detailing
32actions taken pursuant to this section. By January 1 of each year,
33the Superintendent shall submit the report to the appropriate fiscal
34and policy committees of the Legislature.

35(e) The Superintendent shall have all power and authority
36necessary to effectuate the requirements of this section. The
37Superintendent shall develop regulations for adoption by the state
38board that set forth the procedures governing this section.

39

SEC. 4.  

If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P7    1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.



O

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