BILL NUMBER: SB 320 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 4, 2015
AMENDED IN ASSEMBLY JUNE 30, 2015
AMENDED IN SENATE MARCH 26, 2015
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:
regulations. appeal procedures.
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 manner and
would require the Superintendent, on or before June 30, 2016, to
adopt regulations to govern the use of that authority,
manner, as specified. 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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
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
(h) 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 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.
(2) Specify that, if
(i) If 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.
(3) Specify that, if
(j) If 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 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. 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 c
omplaint. 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.
(4) Specify that, if
(k) If 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.
(5) Require the
(l) A public school to
shall 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).
(6)
(m) If the public school has not satisfied the
requirement in paragraph (5), require
subdivision ( l ), 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
shall appear at the next regularly scheduled meeting of
the state governing board or body
of the public school to explain the public school's failure to
satisfy that requirement.
SEC. 2. 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.