Amended in Senate March 26, 2015

Senate Bill No. 320

Introduced by Senator Lara

February 23, 2015

An act to amend Section begin delete 49011 end delete begin insert 49013 end insert of the Education Code, relating to pupil fees.

LEGISLATIVE COUNSEL’S DIGEST

SB 320, as amended, Lara. Pupil begin delete fees end delete begin insert fees: complaint of noncompliance: regulations end insert .

Existing law prohibits a pupil enrolled in a public school from being required to pay a pupil fee for participation in an educational activity. begin insert Existing law authorizes a complaint of noncompliance to be filed with the principal of a school for violation of that prohibition, as specified, and required public schools to establish local policies and procedures to implement the complaint provisions. end insert

This bill would begin delete make nonsubstantive changes to that provision. end delete begin insert prohibit a public school from establishing a local policy or procedure that authorizes the public school to resolve a complaint by providing a remedy to the complainant without also providing a remedy to all affected pupils, parents, and guardians, as provided. The bill would authorize the Superintendent of Public Instruction to ensure that an appeal that the State Department of Education finds merit in is resolved in a timely manner and would require the Superintendent, on or before June 30, 2016, to adopt regulations to govern the use of that authority, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 49013 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

49013.  

(a) A complaint of noncompliance with the
requirements of this article may be filed with the principal of a
school 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 complaint may be filed anonymously if the complaint
provides evidence or information leading to evidence to support
an allegation of noncompliance with the requirements of this
article.

(c) A complainant not satisfied with the decision of a public
school may appeal the decision to the department and shall receive
a written appeal decision within 60 days of the department’s receipt
of the appeal.

(d) If a public school finds merit in a complaint, or the
department finds merit in an appeal, the public school shall provide
a remedy to all affected pupils, parents, and guardians that, where
applicable, includes reasonable efforts by the public school to
ensure full reimbursement to all affected pupils, parents, and
guardians, subject to procedures established through regulations
adopted by the state board.

(e) Information regarding the requirements of this article shall
be included in the annual notification distributed to pupils, parents
and guardians, employees, and other interested parties pursuant to
Section 4622 of Title 5 of the California Code of Regulations.

(f) Public schools shall establish local policies and procedures
to implement the provisions of this section on or before March 1,
2013. begin insert A public school shall not establish a local policy or
procedure pursuant to this subdivision that authorizes the public
school to resolve a complaint filed pursuant to this section, whether
formally or informally, by providing a remedy to the complainant
without also providing a remedy to all affected pupils, parents,
and guardians, as required by subdivision (d). end insert

begin insert

(g) The Superintendent shall have all power and authority
necessary to ensure that, when the department finds merit in an
appeal filed pursuant to this section, the complaint is resolved
pursuant to subdivision (d) in a timely manner. On or before June
30, 2016, the Superintendent shall adopt regulations to govern the
use of this authority. The regulations shall include, but are not
limited to, provisions that do all of the following:

end insert begin insert

(1) Specify that, if the department finds merit in an appeal filed
pursuant to this section, the department’s written decision shall
identify with specificity the corrective action that the public school
must take to confirm that it has provided a remedy to all affected
pupils, including, if applicable, specific direction regarding the
reasonable efforts the public school shall take to ensure full
reimbursement to all affected pupils.

end insert begin insert

(2) Specify that the department may make findings on the merit
of the appeal without remanding the complaint to the public school
for further consideration, regardless of whether the public school
addressed an issue in its decision about the underlying complaint,
and may rely on evidence presented for the first time on appeal,
if the department concludes such evidence is reliable.

end insert begin insert

(3) Require the public school to provide to the department,
within 60 days of the department’s written decision, evidence
documenting that the public school has complied with any
corrective action specified in the written decision and the
requirements of subdivision (d).

end insert begin insert

(4) If the public school has not satisfied the requirement in
paragraph (3), require the superintendent of the school district or
the county office of education or the principal of the charter school,
as appropriate based on the public school involved in the
underlying complaint, to appear at the next regularly scheduled
meeting of the state board to explain the public school’s failure
to satisfy that requirement.

end insert

begin delete

SECTION 1.  

Section 49011 of the Education Code is amended
to read:

49011.  

(a) A pupil enrolled in a public school shall not be
required to pay a pupil fee for participation in an educational
activity.

(b) All of the following requirements apply to the prohibition
specified in subdivision (a):

(1) All supplies, materials, and equipment needed to participate
in educational activities shall be provided to pupils free of charge.

(2) A fee waiver policy shall not make a pupil fee permissible.

(3) School districts and schools shall not establish a two-tier
educational system by requiring a minimal educational standard
and also offering a second, higher educational standard that pupils
may only obtain through the payment of a fee or purchase of
additional supplies that the school district or school does not
provide.

(4) A school district or school shall not offer course credit or
privileges related to educational activities in exchange for money
or donations of goods or services from a pupil or a pupil’s parents
or guardians, and a school district or school shall not remove course
credit or privileges related to educational activities, or otherwise
discriminate against a pupil, because the pupil or the pupil’s parents
or guardians did not or will not provide money or donations of
goods or services to the school district or school.

(c) This article shall not be interpreted to prohibit the solicitation
of voluntary donations of funds or property, voluntary participation
in fundraising activities, or school districts, schools, or other
entities from providing pupils prizes or other recognition for
voluntarily participating in fundraising activities.

(d) This article applies to all public schools, including, but not
limited to, charter schools and alternative schools.

(e) This article is declarative of existing law and shall not be
interpreted to prohibit the imposition of a fee, deposit, or other
charge otherwise authorized by law.

end delete