BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 320


                                                                    Page  1





          Date of Hearing:  July 15, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          320 (Lara) - As Amended March 26, 2015


          SENATE VOTE:  39-0


          SUBJECT:  Pupil fees:  complaint of noncompliance:  regulations


          SUMMARY:  Authorizes the Superintendent of Public Instruction  
          (SPI) to ensure appeals regarding the assessment of pupil fees  
          are resolved in a timely manner and prohibits a school from  
          establishing a local policy that authorizes resolution of a  
          complaint by providing a remedy only to the complainant without  
          also providing a remedy to all affected students, parents, and  
          guardians.  Specifically, this bill:  


          1)Prohibits a public school from establishing a local policy or  
            procedure to resolve a complaint filed regarding the  
            assessment of pupil fees, whether formally or informally, by  
            providing a remedy to the complainant without also providing a  
            remedy to all affected pupils, parents, and guardians.


          2)Provides that the SPI shall have all power and authority  
            necessary to ensure that, when the California Department of  
            Education (CDE) finds merit in an appeal, the complaint is  
            resolved in a timely manner.








                                                                     SB 320


                                                                    Page  2







          3)Requires the SPI, on or before June 30, 2016, to adopt  
            regulations to govern the use of this authority.


          4)Requires the regulations to include, but not necessarily be  
            limited to, all of the following:


             a)   A specification that, if the CDE finds merit in an  
               appeal, the CDE'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;


             b)   A specification that, if the public school failed to  
               address an issue raised in the complaint in the public  
               school's decision about that complaint, the CDE shall  
               require the public school to respond to the issue within 10  
               business days and, after providing this opportunity to  
               respond, the CDE 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.


             c)   A specification that, 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 CDE 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 CDE shall make findings on the merit of the  








                                                                     SB 320


                                                                    Page  3





               appeal without remanding the complaint to the public school  
               for further consideration, regardless of whether the public  
               school provided the required response.


             d)   A specification that, if the complainant raises one or  
               more issues on appeal that were not presented in the  
               underlying complaint, the CDE shall remand any new issue to  
               the public school to treat as a newly filed complaint, but  
               shall resolve the remainder of the appeal.     


             e)   A requirement that the public school provide to the CDE,  
               within 60 days of the CDE's written decision, evidence  
               documenting that it has complied with any corrective action  
               specified in the written decision; and


             f)   A specification that, if the public school has not  
               satisfied the requirement to take corrective action within  
               60 days, 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, shall be required to appear at  
               the next regularly scheduled meeting of the State Board of  
               Education (SBE) to explain the public school's failure to  
               satisfy that requirement.


          EXISTING LAW:   


          1)Prohibits the assessment of pupil fees for participation in an  
            educational activity in public K-12 schools.


          2)Permits complaints of noncompliance with the prohibition  
            against pupils fees to be filed anonymously with a school  
            principal if the complaint provides evidence or information  








                                                                     SB 320


                                                                    Page  4





            leading to evidence of noncompliance.


          3)Provides that, if a complainant is not satisfied with the  
            decision of the school, he or she may appeal the decision to  
            the CDE and shall receive a written appeal decision with 60  
            days of the CDE's receipt of the appeal.


          4)Requires that, if the public school finds merit in a  
            complaint, or the CDE finds merit in an appeal, the school  
            shall provide a remedy to all affected pupils, parents, and  
            guardians including, where applicable, reasonable by the  
            school to ensure full reimbursement to all affected parties.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)This bill results in unknown, but potentially significant,  
            costs for schools to comply with the additional requirements  
            related to student fee complaints.



          2)The California Department of Education (CDE) indicates the  
            need for 1.5 additional positions and $192,000 General Fund to  
            implement the requirements of this bill.  However, it appears  
            that the majority of the workload imposed by this bill may be  
            temporary in nature.
          


          COMMENTS:  


          Background.  The California Supreme Court ruled in Hartzell v.  
          Connell (1984; 35 Cal.3d 899, 201) that pupil fees violate the  








                                                                     SB 320


                                                                    Page  5





          constitutional right to a free education.  Moreover, the court  
          ruled that extracurricular activities also must be free, because  
          they are an integral component of public education and a part of  
          the educational program.  The issue of pupil fees has been  
          litigated many times since Hartzell, and in nearly all cases the  
          outcome has been a settlement or court decision favorable to the  
          plaintiffs.

          In September 2010 the American Civil Liberties Union (ACLU)  
          filed a class action lawsuit alleging the unconstitutional  
          assessment of pupil fees by school districts [Jane Doe, et al.  
          v. State of California, et al., (Super. Ct. Los Angeles County,  
          2010, BC445151)].  The lawsuit followed an August 2010 report  
          from the ACLU that documented more than 50 public school  
          districts that required pupils to pay fees for textbooks,  
          workbooks, science labs, physical education uniforms, classroom  
          materials, and extracurricular activities.

          In December 2010 Governor Schwarzenegger and the ACLU announced  
          a tentative settlement that would have established a monitoring  
          and enforcement system, but the court did not finalize the  
          settlement.  The following April the ACLU filed an amended  
          complaint that dropped the Governor as a defendant and added the  
          SPI, the California Department of Education, and the State Board  
          of Education (the "State Education Defendants").  In May 2011the  
          State Education Defendants and the ACLU agreed to a stay of  
          court proceedings to allow for a legislative solution.  The  
          State of California did not agree to the stay and instead  
          suggested that the case be dismissed pending the outcome of the  
          legislative process.

          The legislative solution, which was supported by the ACLU, was  
          AB 165 (Lara).  After AB 165 was vetoed by the Governor, the  
          court case was reactivated.  On January 26, 2012 the court  
          overruled demurrers filed by the State of California and the  
          State Education Defendants, allowing the legal case to move  
          forward.  Subsequently, however, the Governor signed AB 1575  
          (Lara, Chapter 799, Statutes of 2012), which codified the  
          prohibition against pupil fees and provided for the resolution  








                                                                     SB 320


                                                                    Page  6





          of noncompliance through the UCP.

          Reason for this bill.  According to the author's office, some  
          districts continue to charge fees that are prohibited.  Attempts  
          to resolve the complaints through the UCP have not always been  
          successful for a variety of reasons.  For example, some  
          districts have reimbursed the family filing the complaint, but  
          not all of the families that were charged prohibited fees.  Some  
          districts have simply refused to comply with the CDE's ruling or  
          refund the fees.  This bill addresses these problems by (1)  
          prohibiting a public school from establishing a policy of  
          resolving a complaint by providing a remedy to the complainant  
          without also providing a remedy to all other affected parties;  
          (2) granting the SPI the power and authority to resolve the  
          complaint in a timely manner, as specified; (3) requiring the  
          school to provide documentation to the CDE of the corrective  
          action taken; and  (4) requiring a school administrator to  
          appear before the SBE to explain the reasons for noncompliance  
          with a CDE decision if compliance does not occur within a  
          specified time period.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Civil Liberties Union of California


          California Association of School Business Officials


          California Association of Suburban Schools









                                                                     SB 320


                                                                    Page  7






          California School Boards Association


          California State PTA


          California Teachers Association


          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area


          Orange County Department of Education


          Public Advocates


          Riverside County Superintendent of Schools




          Opposition


          None received




          Analysis Prepared by:Rick Pratt / ED. / (916)  
          319-2087












                                                                     SB 320


                                                                    Page  8