Senate BillNo. 946


Introduced by Senator Leyva

February 3, 2016


An act to amend Sections 46300 and 48205 of the Education Code, relating to pupil attendance.

LEGISLATIVE COUNSEL’S DIGEST

SB 946, as introduced, Leyva. Pupil attendance: service on precinct board.

Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. Existing law provides that an excused absence for those specified reasons are, nevertheless, absences for the purpose of computing average daily attendance and do not generate state apportionment payments. Existing law also requires that the attendance of pupils participating in independent study for 5 or more consecutive days, as specified, be included in computing the average daily attendance of the school district.

This bill would specify that, for the purpose of computing average daily attendance for pupils in independent study, a pupil serving as a member of a precinct board for an election shall not be required to participate in that activity for 5 or more consecutive days if specified requirements are met, and would specify that an absence for those reasons shall not be considered an absence for purposes of generating state apportionment payments. The bill also would delete an obsolete reference and make other nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 46300 of the Education Code is amended
2to read:

3

46300.  

(a) In computing average daily attendance of a school
4district or county office of education, there shall be included the
5attendance of pupils while engaged in educational activities
6required of those pupils and under the immediate supervision and
7control of an employee of thebegin insert schoolend insert district or county officebegin insert of
8educationend insert
who possessed a valid certification document, registered
9as required by law.

10(b) (1) For purposes of a work experience education program
11in a secondary school that meets the standards of the California
12State Plan for Career Technical Education, “immediate
13supervision,” in the context of off-campus work training stations,
14means pupil participation in on-the-job training as outlined under
15a training agreement, coordinated by the school district under a
16state-approved plan, wherein the employer and certificated school
17personnel share the responsibility for on-the-job supervision.

18(2) The pupil-teacher ratio in a work experience program shall
19not exceed 125 pupils per full-time equivalent certificated teacher
20coordinator. This ratio may be waived by the state board pursuant
21to Article 3 (commencing with Section 33050) of Chapter 1 of
22Part 20 of Division 2 under criteria developed by the state board.

23(3) A pupil enrolled in a work experience program shall not be
24credited with more than one day of attendance per calendar day,
25and shall be a full-time pupil enrolled in regular classes that meet
26 the requirements of Section 46141 or 46144.

27(c) (1) For purposes of the rehabilitative schools, classes, or
28programs described in Section 48917 that require immediate
29supervision, “immediate supervision” means that the person to
30whom the pupil is required to report for training, counseling,
31tutoring, or other prescribed activity shares the responsibility for
32the supervision of the pupils in the rehabilitative activities with
33certificated personnel of the district.

34(2) A pupil enrolled in a rehabilitative school, class, or program
35shall not be credited with more than one day of attendance per
36calendar day.

37(d) (1) For purposes of computing the average daily attendance
38of pupils engaged in the educational activities required of high
P3    1school pupils who are also enrolled in a regional occupational
2center or regional occupational program, the school district shall
3receive proportional average daily attendance credit for those
4educational activities that are less than the minimum schoolday,
5pursuant to regulations adopted by the statebegin delete board; however, none
6of that attendance shall be counted for purposes of computing
7attendance pursuant to Section 52324.end delete
begin insert board.end insert

8(2) A school district shall not receive proportional average daily
9attendance credit pursuant to this subdivision for a pupil in
10attendance for less than 145 minutes each day.

11(3) The divisor for computing proportional average daily
12attendance pursuant to this subdivision is 240, except that, in the
13case of a pupil excused from physical education classes pursuant
14to Section 52316, the divisor is 180.

15(4) Notwithstanding any otherbegin delete provision ofend delete law, travel time of
16pupils to attend a regional occupational center or regional
17occupational program shall not be used in any manner in the
18computation of average daily attendance.

19(e) (1) In computing the average daily attendance of a school
20district, there shall also be included the attendance of pupils
21participating in independent study conducted pursuant to Article
225.5 (commencing with Section 51745) of Chapter 5 of Part 28 for
23five or more consecutive schooldays.

24(2) A pupil participating in independent study shall not be
25credited with more than one day of attendance per calendar day.

begin insert

26(3) For purposes of this subdivision, a pupil serving as a member
27of a precinct board for an election pursuant to Section 12302 of
28the Elections Code consistent with subdivision (a) of Section 51745
29shall not be required to participate in that activity for five or more
30consecutive schooldays if the pupil absent from school under this
31paragraph is required to do both of the following:

end insert
begin insert

32(A) Complete all assignments and tests missed during the
33absence. The teacher of any class from which a pupil is absent
34shall ensure that the assignments and tests are reasonably
35equivalent, but not necessarily identical, to the assignments and
36tests that the pupil missed during the absence.

end insert
begin insert

37(B) Complete a report or written assignment on the subject of
38the activities engaged in by the pupil while serving as a member
39of a precinct board for an election pursuant to Section 12302 of
40the Elections Code. The teacher of any class from which a pupil
P4    1is absent shall ensure that the report or written assignment is
2submitted within a reasonable time after the activities are
3completed.

end insert

4(f) For purposes of cooperative career technical education
5programs and community classrooms described in Section 52372.1,
6“immediate supervision” means pupil participation in paid and
7unpaid on-the-job experiences, as outlined under a training
8agreement and individualized training plans wherein the supervisor
9of the training site and certificated school personnel share the
10responsibility for the supervision of on-the-job experiences.

11(g) (1) In computing the average daily attendance of a school
12 district, there shall be included the attendance of pupils in
13kindergarten after they have completed one school year in
14kindergarten or pupils in a transitional kindergarten program after
15they have completed one year in that program if one of the
16following conditions is met:

17(A) The school district has on file for each of those pupils an
18agreement made pursuant to Section 48011, approved in form and
19content by the department and signed by the pupil’s parent or
20guardian, that the pupil may continue in kindergarten for not more
21than one additional school year.

22(B) The pupils participated in a transitional kindergarten
23program pursuant to subdivision (c) of Section 48000.

24(2) A school district may not include for apportionment purposes
25the attendance of any pupil for more than two years in kindergarten
26or for more than two years in a combination of transitional
27kindergarten and kindergarten.

28

SEC. 2.  

Section 48205 of the Education Code is amended to
29read:

30

48205.  

(a) Notwithstanding Section 48200, a pupil shall be
31excused from school when the absence is:

32(1) Due to his or her illness.

33(2) Due to quarantine under the direction of a county or city
34health officer.

35(3) For the purpose of having medical, dental, optometrical, or
36chiropractic services rendered.

37(4) For the purpose of attending the funeral services of a member
38of his or her immediate family, so long as the absence is not more
39than one day if the service is conducted in California and not more
40than three days if the service is conducted outside California.

P5    1(5) For the purpose of jury duty in the manner provided for by
2law.

3(6) Due to the illness or medical appointment during school
4hours of a child of whom the pupil is the custodial parent.

5(7) For justifiable personal reasons, including, but not limited
6to, an appearance in court, attendance at a funeral service,
7observance of a holiday or ceremony of his or her religion,
8attendance at religious retreats, attendance at an employment
9conference, or attendance at an educational conference on the
10legislative or judicial process offered by a nonprofit organization
11when the pupil’s absence is requested in writing by the parent or
12guardian and approved by the principal or a designated
13representative pursuant to uniform standards established by the
14governing board.

15(8) For the purpose of serving as a member of a precinct board
16for an election pursuant to Section 12302 of the Elections Code.

17(9) For the purpose of spending time with a member of the
18pupil’s immediate family, who is an active duty member of the
19uniformed services, as defined in Section 49701, and has been
20called to duty for, is on leave from, or has immediately returned
21from, deployment to a combat zone or combat support position.
22Absences granted pursuant to this paragraph shall be granted for
23a period of time to be determined at the discretion of the
24superintendent of the school district.

25(b) A pupil absent from school under this section shall be
26allowed to complete all assignments and tests missed during the
27absence that can be reasonably provided and, upon satisfactory
28completion within a reasonable period of time, shall be given full
29credit therefor. The teacher of the class from which a pupil is absent
30shall determine which tests and assignments shall be reasonably
31equivalent to, but not necessarily identical to, the tests and
32assignments that the pupil missed during the absence.

33(c) For purposes of this section, attendance at religious retreats
34shall not exceed four hours per semester.

35(d) Absences pursuant to this section are deemed to be absences
36in computing average daily attendance and shall not generate state
37apportionmentbegin delete payments.end deletebegin insert payments, except for a pupil serving as
38a member of a precinct board for an election in accordance with
39paragraph (3) of subdivision (e) of Section 46300.end insert

P6    1(e) “Immediate family,” as used in this section, has the same
2meaning as set forth in Section 45194, except that references
3begin delete thereinend deletebegin insert in that sectionend insert to “employee” shall be deemed to be
4references to “pupil.”



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