BILL ANALYSIS Ó AB 1012 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1012 (Jones-Sawyer) - As Amended May 6, 2015 ----------------------------------------------------------------- |Policy |Education |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill prohibits, starting with the 2016-17 school year, a school district maintaining any of grades 7 to 12 from assigning any students to any "course period without educational content" AB 1012 Page 2 for more than one week in any semester, or to a course that the student has previously completed with a grade sufficient to meet the A-G requirements and graduation requirements, unless specifically authorized per requirements of the bill. Specifically, this bill: 1)Defines "course period without educational content" as one course period during which any of the following occurs: the pupil is sent home or released from campus before the conclusion of the designated schoolday; 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; or the pupil is not assigned to any course for the relevant course period. 2)Sets forth reasons why a pupil may be assigned to a course without educational content and requires the principal or assistant principal to certify and place the rationale in the students cumulative file. 3)Clarifies a school district is not prohibited from establishing and offering evening high school classes, independent study, courses of work-based learning or work experience, or distance learning if the program otherwise meets all of the requirements of law governing that program. 4)Excludes pupils enrolled in an alternative school, a community AB 1012 Page 3 day school, a continuation high school or an opportunity school from provisions of the bill. 5)Sets forth an expedited Uniform Complaint Procedures (UCP) process: a) Requires the local education agency (LEA), within five days of receipt of a complaint, to conduct a complete investigation, issue a written decision, and if the agency determines the complaint has merit, report back to the Department of Education (CDE) regarding the basis for the complaint, the findings and the remedy provided. b) Authorizes a complaint to be appealed to the CDE, who shall issue a written decision within 30 days of receipt of the appeal. c) Requires the LEA, if the CDE renders a decision in favor of the complainant, to immediately convene a local assistance committee to develop a written plan to ensure that the school district satisfies the requirements of the complaint. Establishes the membership and stakeholders involved in the committee, including a CDE representative. Requires the committee to complete the plan no later than 21 days after the CDE makes the determination. d) Requires the Superintendent of Public Instruction (SPI) to prepare an annual report detailing actions taken pursuant to the UCP process and submit to the Legislature. AB 1012 Page 4 e) Provides the SPI with all power and authority necessary to effectuate these requirements. 6)Requires the SPI to adopt regulations to establish procedures governing specified provisions, including the form of the certifications required by the bill and the new UCP. FISCAL EFFECT: Administrative costs to the CDE, potentially in excess of $800,000. Currently CDE does not have a unit tasked with the specific requirements of the bill. CDE indicates they would need substantial resources, potentially five to eight research consultants and legal staff, to adequately review UCP appeals. CDE staff would also be required to participate in local assistance committees under the new UCP process established by this bill. In order to meet the 21-day requirement for developing an action plan for the school, multiple local assistance committees will likely be convened at the same time. Sufficient CDE staff would need to be available to travel on short notice to participate in these committees. COMMENTS: 1)Purpose. According to the author, thousands of high school students across California are tracked into so-called "classes," where they are given meaningless "credits" for sitting at home, in the office, or taking a course they've already passed. School districts have given these courses AB 1012 Page 5 different names ("home," "service," "work-experience," "college," "adult") and many of the affected students need real, academic classes to fulfill graduation or college access requirements. This bill would prohibit this practice unless the principal can certify why a student needs to be placed in such classes. 2)Pending litigation. This bill addresses one of the five parts of the Cruz v. State of California, a class action lawsuit filed May 29, 2014, in Alameda County Superior Court against the state on behalf of students in seven schools in four school districts: Oakland Unified School District (USD); Los Angeles Unified School District (LAUSD), West Contra Costa USD, Compton USD. The plaintiffs allege that the state has violated the Equal Protection clauses of the state constitution by failing to provide students with basic educational opportunities equal to those that other students elsewhere in the State receive with regard to meaningful learning time. They allege that this lack of instructional time is due to several factors. On February 5th of this year, the plaintiffs filed a motion for a preliminary injunction. On April 24th, Alameda County Superior Court Judge George C. Hernández, Jr. denied this motion, stating that "If, at this stage, Plaintiffs cannot supply reliable evidence regarding the actual practices of most California high schools with regard to the use of contentless classes and the timely implementation of appropriate master schedules, the court lacks a fair standard against which to measure the performance of Plaintiff's own high schools and cannot determine, even preliminarily, whether Plaintiffs have some possibility of prevailing on their claims." The plaintiffs have until June 16, 2015, to appeal the denial of their motion for preliminary injunction. If the plaintiffs do not appeal, they will continue with discovery on AB 1012 Page 6 all allegations of the complaint. According to the Legislative Analyst's Office, the Legislature approved $3.4 million in the current year for the CDE and SBE to contract for legal services related to this case, and the Governor's Budget proposes providing an additional $3.7 million for this contract in 2015-16. 3)Uniform Complaint Procedures Process. The UCP was established in 1991 as a means of creating a "uniform system of complaint processing" for educational programs. The authority for this process is located in regulations, not state statute. Complaints permitted under this process include violations of state law regarding certain educational programs, discrimination, harassment and civil rights. Parents, students, employees, and community members can file complaints on behalf of themselves or on behalf of another individual. Most procedural activities required under the state's UCP have been found to be reimbursable state mandates. 4)Related Legislation: a) AB 379 (Gordon), pending in this committee, establishes an expedited UCP process requiring action within five days for complaints alleging violations of certain educational rights afforded to students in foster care and students who are homeless. b) AB 304 (Garcia), pending in this committee, establishes an expedited UCP process, requiring action within five days AB 1012 Page 7 with regard to lactation accommodations for students. c) AB 907 (Burke), pending in this committee, extends the existing UCP process to financial aid recipients enrolled in COE programs in order to comply with federal requirements. d) AB 1391 (Gomez), pending in this committee, authorizes complaints regarding local education agency (LEA) noncompliance with the physical education instructional minute requirement to be filed under the Uniform Complaint Procedures (UCP) process. Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081