BILL NUMBER: SB 320 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2015
INTRODUCED BY Senator Lara
FEBRUARY 23, 2015
An act to amend Section 49011 49013
of the Education Code, relating to pupil fees.
LEGISLATIVE COUNSEL'S DIGEST
SB 320, as amended, Lara. Pupil fees fees:
complaint of noncompliance: regulations .
Existing law prohibits a pupil enrolled in a public school from
being required to pay a pupil fee for participation in an educational
activity. 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.
This bill would make nonsubstantive changes to that
provision. 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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49013 of the
Education Code is amended to read:
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. 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).
(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:
(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.
(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.
(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).
(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.
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.