Amended in Assembly September 4, 2015

Amended in Assembly June 30, 2015

Amended in Senate March 26, 2015

Senate Bill No. 320

Introduced by Senator Lara

February 23, 2015

An act to amend Section 49013 of the Education Code, relating to pupil fees.

LEGISLATIVE COUNSEL’S DIGEST

SB 320, as amended, Lara. Pupil fees: complaint of noncompliance: begin delete regulations. end delete begin insert appeal procedures. 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. 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 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 begin delete manner and would require the Superintendent, on or before June 30, 2016, to adopt regulations to govern the use of that authority, end delete begin insert manner, end insert as specified. begin insert The bill would establish procedures for appeals, including, among others, requiring a 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. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. end insert

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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.

end insert begin insert

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.

end insert

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

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. begin delete 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 delete

begin delete

(1) Specify that, if

end delete

begin insert (h) end insert begin insert   end insert begin insert If end insert 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 shall 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.

begin delete

(2) Specify that, if

end delete

begin insert (i) end insert begin insert   end insert begin insert If end insert the public school failed to address an issue raised in the
complaint filed pursuant to this section in the public school’s
decision about that complaint, the department shall require the
public school to respond to the issue within 10 business days and,
after providing this opportunity to respond, the department shall
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 provided the required response.

begin delete

(3) Specify that, if

end delete

begin insert (j) end insert begin insert   end insert begin insert If end insert the complainant submits evidence in conjunction with the
appeal that is related to an issue raised in the underlying complaint
and that is presented for the first time on appeal, the department
shall begin delete notify the public school of the new evidence and provide the
public school with 10 business days to respond to the new evidence,
and, after providing this opportunity to respond, the department
shall 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 provided the required
response. end delete begin insert determine whether there is merit in the appeal regardless
of the newly submitted evidence. If the department determines
there is merit in the appeal, the department shall resolve the
underlying complaint. If the department determines there is not
merit in the appeal, the department shall send the underlying
complaint and new evidence back to the public school for further
consideration. end insert

begin delete

(4) Specify that, if

end delete

begin delete end delete
begin insert (k) end insert begin insert   end insert begin insert If end insert the complainant raises one or more issues on appeal that
were not presented in the underlying complaint, the department
shall remand any new issue to the public school to treat as a newly
filed complaint as provided in this section, but shall resolve the
remainder of the appeal as provided in this section.

begin delete

(5) Require the

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begin insert (l) end insert begin insert   end insert begin insert A end insert public school begin delete to end delete begin insert shall end insert 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).

begin delete

(6)

end delete

begin insert (m) end insert  If the public school has not satisfied the requirement in
begin delete paragraph (5), require end delete begin insert subdivision ( end insert begin insert l end insert begin insert ), end insert 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, begin delete to end delete begin insert shall end insert appear at the next
regularly scheduled meeting of the begin delete state end delete begin insert governing end insert board begin insert or body
of the public school end insert to explain the public school’s failure to satisfy
that requirement.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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

end insert