BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 320  
          (Lara) - As Amended June 30, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill prohibits a public school from establishing a local  
          policy or procedure that authorizes the public school to resolve  
          a complaint regarding assessment of pupil fees, whether formally  
          or informally, by providing a remedy to the complainant without  








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          also providing a remedy to all affected pupils, parents, and  
          guardians.  Specifically, this bill: 


          1)Provides the Superintendent of Public Instruction (SPI) all  
            power and authority necessary to ensure that, when the  
            California Department of Education (CDE) finds merit in an  
            appeal filed relative to pupil fee complaints, the complaint  
            is resolved in a timely manner. Requires the SPI, on or before  
            June 30, 2016, to adopt regulations to govern the use of this  
            authority. 


          2)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, CDE's written decision shall identify 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.


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








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               an issue raised in the underlying complaint and that is  
               presented for the first time on appeal, the CDE is required  
               to 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 is required to 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.


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


             e)   Requires the public school to provide to the CDE, within  
               60 days of CDE's written decision, evidence documenting  
               that the public school has complied with any corrective  
               action specified in the written decision as specified. If  
               the public school has not satisfied this requirement, 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, will be required to appear at the  
               next regularly scheduled meeting of the state board to  
               explain the public school's failure to satisfy that  
               requirement.


          FISCAL EFFECT:


          1)General Fund costs to the California Department of Education  
            of approximately $315,000 for increased administrative and  
            legal workload. Increased workload includes: regulatory  








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            review, updating existing Uniform Complaint Procedures (UCP),  
            revision of compliance monitoring processes, review of  
            identified fees-related deficiencies, and provision of on-site  
            direct investigations where new evidence is presented or an  
            LEA fails to address an issue on appeal. Legal counsel will  
            also be needed to consult and train staff on the appellate  
            review process and to review appeal decisions and the  
            increased number of direct investigation reports.


          2)Unknown Proposition 98/GF costs, potentially in the low  
            thousands, for schools and school districts to address issues  
            of noncompliance. For example, schools could incur costs to  
            refute new evidence of noncompliance presented on appeal.  
            Further, the bill requires the superintendent of the school  
            district or county office of education, as applicable, to  
            appear before the State Board of Education (SBE) if the public  
            school that they oversee fails to provide evidence that they  
            have complied with CDE's recommended corrective action within  
            60 days.  School level and district level resources will be  
            needed to gather documentation to prove compliance and travel  
            to the SBE meeting, if necessary. 


          COMMENTS:


          1)Background.  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].  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  








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            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).  AB 165 was vetoed by the Governor and 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 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 of  
            noncompliance through the UCP.
          
          2)Purpose.  Even after the enactment of AB 1575, supporters of  
            the bill state that some districts continue to charge unlawful  
            fees. The author notes, for example, that 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.   The ACLU and other supporters of the bill are  
            seeking to further clarify and strengthen existing law to  
            ensure compliance with AB 1575.



          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081












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