BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1012|
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                                   THIRD READING 


          Bill No:  AB 1012
          Author:   Jones-Sawyer (D), et al.
          Amended:  9/3/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  8-0, 7/8/15
           AYES:  Liu, Runner, Hancock, Leyva, Mendoza, Monning, Pan,  
            Vidak
           NO VOTE RECORDED:  Block

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  79-0, 6/3/15 - See last page for vote

           SUBJECT:   Pupil instruction:  course periods without  
                     educational content


          SOURCE:    Author

          DIGEST:   This bill prohibits a school district serving any of  
          grades 9-12 from assigning a student in any of grades 9-12 to  
          any course without educational content for more than one week in  
          any semester, and prohibits the assignment of a student in any  
          of grades 9-12 to a course that the student has previously  
          completed and received a satisfactory grade, unless specified  
          conditions are met.  

          Senate Floor Amendments of 9/3/15 clarify that a school district  
          serving any of grades 9-12 is prohibited from assigning a  
          student in any of grades 9-12 to any course without educational  
          content for more than one week in any semester, and prohibit the  








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          assignment of a student in any of grades 9-12 to a course that  
          the student has previously completed and received a satisfactory  
          grade, unless specified conditions are met; and clarify that  
          this bill does not limit or otherwise affect the authority of a  
          school district to authorize dual enrollment in community  
          college.

          ANALYSIS: 
          
          Existing law:

           1) Requires each school district serving any of grades 7-12 to  
             offer to all otherwise qualified students a course of study  
             fulfilling the requirements and prerequisites for admission  
             to the California public institutions of postsecondary  
             education and provide a timely opportunity to each student to  
             enroll within a four-year period in each course necessary to  
             fulfill those requirements and prerequisites prior to  
             graduation from high school.  Existing law also requires each  
             school district to offer a course of study that provides an  
             opportunity for students to attain entry-level employment  
             skills in business or industry upon graduation from high  
             school, and encourages districts to provide all students with  
             a rigorous academic curriculum that integrates academic and  
             career skills, incorporates applied learning in all  
             disciplines, and prepares all students for high school  
             graduation and career entry. (Education Code § 51228)

           2) Requires a student to pass both the English language arts  
             and mathematics portions of the California High School Exit  
             Exam and complete the following courses as a condition of  
             graduating from high school:

              a)    Three years of English. 

              b)    Two years of mathematics.  

              c)    Two years of science, including biological and  
                physical sciences.  

              d)    Three years of social studies, including United States  
                history and geography; world history, culture, and  
                geography; one semester of American government and civics,  
                and one semester of economics. 







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              e)    One year of visual or performing arts, foreign  
                language, or until July 1, 2017, career technical  
                education. 

              f)    Two years of physical education.  (Education Code §  
                60851 and § 51225.3)

           3) Requires one of the two years of mathematics to meet or  
             exceed the rigor of the content standards for Algebra I.  (EC  
             § 51224.5)

           4) Authorizes school districts to impose additional coursework  
             requirements as a condition of graduation from high school.   
             (EC § 51225.3)

           5) Requires that only the attendance of students under the  
             immediate supervision and control of a certificated employee  
             is counted toward the computation of average daily  
             attendance.  (EC § 46300)

           6) Establishes the minimum day for high schools as 240 minutes.  
              (EC § 46141)

           7) Requires, through regulation, local educational agencies  
             (LEAs) to adopt uniform complaint procedures (UCP) through  
             which the public can register complaints regarding  
             educational programs and rights.  (California Code of  
             Regulations, Title 5, Section 4600 et seq.)  

          The University of California (UC) and the California State  
          University (CSU) established minimum coursework requirements for  
          freshman admission, known as the A-G requirements.   
          [http://www.ucop.edu/agguide/a-g-requirements/]

          This bill:  

          Courses without Educational Content

           1) Prohibits, beginning in the 2016-17 school year, a school  
             district maintaining any of grades 9-12 from assigning a  
             student in any of grades 9-12 to any course period without  
             educational content for more than one week in any semester,  
             unless all of the following conditions are met:







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              a)    A student is assigned to that course only if the  
                student or, for a student who is under age 18, the  
                student's parent, guardian, or educational rights holder  
                has consented in writing to the assignment.

              b)    A school official has determined that the student will  
                benefit from being assigned to the course period.

              c)    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 students are  
                assigned to those classes unless the school has met the  
                conditions detailed above.

           2) Defines "course period without educational content" as one  
             course period during which any of the following occurs:

              a)    The student is sent home or released from campus  
                before the conclusion of the designated schoolday.



              b)    The student is assigned to service, instructional work  
                experience, or to an otherwise named course in which the  
                student 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  
                students assigned to the course for curricular purposes is  
                less than one to one.

              c)    The student is not assigned to any course for the  
                relevant course period.

          Assignment to Previously Completed Courses

           1) Prohibits, beginning in the 2016-17 school year, a school  
             district maintaining any of grades 9-12 from assigning a  
             student in any of grades 9-12 to a course that the student  
             has previously completed and received a grade determined by  
             the district to be sufficient to satisfy the requirements and  
             prerequisites for admission to the UC and CSU and the  
             coursework requirements for high school graduation, unless  







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             either of the following applies:

              a)    The course has been designed to be taken more than  
                once because students are exposed to a new curriculum year  
                to year and are therefore expected to derive educational  
                value from taking the course again.

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

                i)      A student is assigned to the course only if the  
                  student or, for a student who is under age 18, the  
                  student's parent, guardian, or educational rights holder  
                  has consented in writing to the assignment for the  
                  purpose of improving a lower grade.

                ii)     A school official has determined that the student  
                  will benefit from being assigned to the course period.

                iii)    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 students  
                  are assigned to those classes unless the school has met  
                  the conditions detailed above.

          Complaints

           1) Authorizes a complaint of non-compliance with the  
             prohibition on assigning students to course periods without  
             educational content or to courses that the student has  
             previously completed and received a satisfactory grade to be  
             filed with the LEA under the UCP.

           2) Authorizes a complainant who is not satisfied with the  
             decisions of a LEA to appeal the decision to the California  
             Department of Education (CDE) through the existing UCP appeal  
             process, and requires that the complainant receive a decision  
             regarding the appeal within 60 days of the CDEs receipt of  
             the appeal.  

           3) Requires the LEA to provide a remedy to the affected student  
             if the LEA or the Superintendent of Public Instruction (SPI)  
             finds merit in a complaint.







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           4) Requires the SPI to prepare an annual report detailing  
             actions taken regarding related complaints, and requires the  
             SPI, by January 1 of each fiscal year, to submit the report  
             to the appropriate fiscal and policy committees of the  
             Legislature.  

           5) Specifies that the SPI has all power and authority necessary  
             to effectuate the requirements regarding complaints, and  
             requires the SPI to develop regulations for adoption by the  
             State Board of Education regarding complaints.

          Miscellaneous

           6) Prohibits, under any circumstances, a school district from  
             assigning any student to a course period without educational  
             content, or to a course that the student has previously  
             completed and received a satisfactory grade, because there  
             are not sufficient curricular course offerings for the  
             student to take during that period of the schoolday.  

           7) Provides that this bill does not limit or otherwise affect  
             the authority of a school district to authorize dual  
             enrollment in community college or to establish evening high  
             school classes, independent study, courses of work-based  
             learning or work experience, distance learning, military  
             science, community service classes, driver's training and  
             similar courses or instruction if the program otherwise meets  
             all of the requirements of law governing that program.  

           8) Exempts from this bill students who are enrolled in an  
             alternative school, a community day school, a continuation  
             high school or an opportunity school.  

           9) Requires the SPI to adopt regulations to establish  
             procedures required by this bill, including the form for the  
             certifications regarding the assignment to course periods  
             without educational content and assignment to previously  
             completed courses.  

          Comments
          
          Related lawsuit.  This bill is related to Cruz v. State of  
          California, a class action lawsuit filed May 29th, 2014, in  







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          Alameda County Superior Court against the state on behalf of  
          students in seven schools.

          The plaintiffs allege that the state has violated the rights of  
          the plaintiffs provided by the Equal Protection clauses of the  
          state constitution "by failing to provide them with basic  
          educational opportunities equal to those that other students  
          elsewhere in the State receive" with regard to meaningful  
          learning time.  The complaint requests that the court address  
          the state's monitoring system and its intervention to prevent  
          and remedy the causes of lost learning time.  The plaintiffs  
          allege that this lack of instructional time is due to several  
          factors, including:

          1)Assignment of students to administrative tasks or free periods  
            instead of assignment to classroom periods of instruction  
            because of insufficient curricular offerings and a lack of  
            available qualified teachers.

          2)Violence or security disruptions, which result in cessation of  
            instruction and traumatic after-effects, and insufficient  
            access to mental health professionals to assist students and  
            faculty in coping with these disruptions.

          3)Late changes to the master course schedule requiring course  
            and teacher changes well into the semester.

          4)Unstable, transient teaching faculties and administrative  
            teams (including principals, assistant principals, and  
            counselors), resulting from under-resourced and stressful  
            campuses not conducive to professional development and growth.

          5)Unaddressed student absenteeism, resulting in whole or part  
            from campus conditions.   
            [http://www.publiccounsel.org/tools/assets/files/0511.pdf]

          On February 5, 2015, the plaintiffs filed a motion for a  
          preliminary injunction.  On April 24, 2015, the court 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  







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          cannot determine, even preliminarily, whether Plaintiffs have  
          some possibility of prevailing on their claims." 

          Course periods without educational content.  This bill defines  
          "course period without educational content" to include "a  
          service, instructional work experience, or otherwise named  
          course where the pupil is assigned to assist a certificated  
          employee but not expected to complete curricular assignments in  
          a course the certificated employee is teaching that period, and  
          where the ratio of certificated employees to students so  
          assigned is less than one to one."  This definition appears to  
          allow for the assignment to courses such as AVID, ROTC, study  
          hall, student government, student journalism, and similar  
          courses.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, the CDE  
          indicates the need of eight full-time positions, one part-time  
          position, and about $794,000 ongoing funding as no office  
          currently exists to monitor schools for course content.  Costs  
          also include addressing complaints of noncompliance and appeals  
          and providing technical assistance to the field.


          This bill broadens the areas in which the CDE is required to  
          monitors schools.  Though some of the identified costs include  
          workload to address complaints of noncompliance and appeals, the  
          actual level of staff needed is unknown as it depends on the  
          number of complaints received and the number of appeals filed  
          using the UCP.  


          The Commission on State Mandates has determined that specified  
          activities related to the implementation of the UCP are  
          reimbursable.  However, it is unclear whether the Commission  
          would determine activities related to complaints of  
          noncompliance regarding courses without educational content  
          would be reimbursable since the activities would be triggered by  
          the LEAs' initial decision to place students in these courses.


          SUPPORT:    (Verified9/3/15)







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          None received


          OPPOSITION:   (Verified9/3/15)


          None received

          ASSEMBLY FLOOR:  79-0, 6/3/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Waldron,  
            Weber, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Thurmond

          Prepared by:Lynn Lorber / ED. / (916) 651-4105
          9/4/15 18:14:06


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