Amended in Senate May 27, 2016

Amended in Senate May 4, 2016

Amended in Senate April 18, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1457

Introduced by Senator Morrell

(Principal coauthor: Assembly Member Brown)

(Coauthors: Senators Beall, Fuller, Huff, Mendoza, and Vidak)

(Coauthors: Assembly Members Dahle, Jones, and Waldron)

February 19, 2016

An act to begin delete add Chapter 20 (commencing with Section 53330) to Part 28 of Division 4 of Title 2 end delete begin insert amend Section 46014 end insert of the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 1457, as amended, Morrell. Pupil instruction: begin delete high school graduation requirements: credit for released time end delete begin insert excused absences: religious or moral end insert instruction.

Existing law allows pupils, with the written consent of their parents or guardians, to be excused from school in order to participate in religious exercises or to receive moral and religious instruction, as specified. Under existing law, these absences will not be deemed absences in computing average daily attendance if (1) the governing board of a school district, in its discretion, first adopts a resolution permitting pupils to be absent from school for the exercises or instruction, (2) the governing board adopts regulations governing the attendance of pupils at the exercises or instruction and the reporting thereof, (3) the pupil attends at least the minimum schoolday, and (4) no pupil is excused for more than 4 days per school month.

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This bill would authorize the governing board of a school district to adopt a policy to allow a pupil in high school to participate in released time instruction, as defined. The bill would require that a policy include certain conditions, and would authorize a policy to allow a pupil to receive up to 2 elective credits towards that pupil’s high school graduation requirements. The bill would require the policy to include secular criteria for determining whether to authorize a pupil to earn credit that are substantially the same criteria used to evaluate a similar nonpublic high school course for the purpose of determining whether to award credit for that course to a pupil transferring from a nonpublic high school to a public high school, and would specify certain secular criteria that are required to be included. The bill would require a decision to award credit for released time instruction to be neutral to, and not involve any test for, religious content or denominational affiliation, and would prohibit school district staff and faculty from encouraging or discouraging participation by pupils in released time instruction. The bill would require that an absence for released time instruction not be deemed an absence in computing average daily attendance.

end delete begin insert

This bill would delete the condition that a pupil be excused for no more than 4 days per school month, and would instead require as conditions that a pupil in kindergarten or in grade 1 to 8, inclusive, attend the exercises or instruction for no more than 2 hours per school week and that a pupil in grade 9 to 12, inclusive, attend the exercises or instruction for no more than the number of hours required to complete one course at that pupil’s school.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 46014 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

46014.  

begin delete Pupils, end delete begin insert (a) end insert begin insert   end insert begin insert A pupil, end insert with the written consent of begin delete their
parents or guardians, end delete begin insert his or her parent or guardian, end insert may be
excused from school in order to participate in religious exercises
or to receive moral and religious instruction at their respective
places of worship or at other suitable place or places away from
school property designated by the religious group, church, or
denomination, which shall be in addition and supplementary to
the instruction in manners and morals required elsewhere in this
code. begin delete Such end delete begin insert An end insert absence begin insert for these purposes end insert shall not be deemed
absence in computing average daily attendance, if all of the
following conditions are complied with:

begin delete

(a)

end delete

begin insert (1) end insert  The governing board of the begin insert school end insert district of attendance, in
its discretion, begin delete shall first adopt end delete begin insert first adopts end insert a resolution permitting
begin delete pupils end delete begin insert a pupil end insert to be absent from school for begin delete such end delete begin insert the end insert exercises or
instruction.

begin delete

(b)

end delete

begin insert (2) end insert  The governing board begin delete shall adopt end delete begin insert of the school district adopts end insert
regulations governing the attendance of pupils at begin delete such end delete begin insert the end insert exercises
or instruction and the reporting thereof.

begin delete

(c)

end delete

begin insert (3) end insert   begin delete Each end delete begin insert The end insert pupil begin delete so excused shall attend end delete begin insert attends end insert school at
least the minimum begin delete school day end delete begin insert schoolday end insert for his grade for
elementary schools, and as provided by the relevant provisions of
the rules and regulations of the begin delete State Board of Education end delete begin insert state
board end insert for secondary schools.

begin delete

(d) No pupil shall be excused from school for such purpose on
more than four days per school month.

end delete begin insert

(4) The pupil, if in kindergarten or in grade 1 to 8, inclusive,
attends the exercises or instruction for no more than two hours
per school week.

end insert begin insert

(5) The pupil, if in grade 9 to 12, inclusive, attends the exercises
or instruction for no more than the number of hours required to
complete one course at that pupil’s school.

end insert

begin insert (b) end insert begin insert   end insert It is hereby declared to be the intent of the Legislature that
this section shall be permissive only.

begin delete

SECTION 1.  

Chapter 20 (commencing with Section 53330)
is added to Part 28 of Division 4 of Title 2 of the Education Code,
to read:

 

Chapter  20. The Parental Choice For Released Time
Credit Act

 

53330.  

The Legislature finds and declares all of the following:

(a) Private religious education is a legitimate and complementary
part of the American school system.

(b) Parents have a recognized constitutional right to provide
their children with a private religious education.

(c) The United States Constitution and state law allow local
school districts to offer religious released time instruction for the
benefit of public school pupils.

(d) School districts have local autonomy and are governed by
locally elected school boards.

(e) In order to accommodate the independent choices of parents
and pupils to pursue religious instruction, school districts should
be unrestricted in their ability to award credit for that instruction
under conditions that preserve the neutrality and impartiality of
the public school system.

(f) Permitting pupils to earn credit for released time instruction
enables those pupils to remain in public school while also
accommodating their right to receive private religious instruction.

53331.  

For purposes of this chapter, the following definitions
apply:

(a) (1) “Released time instruction” means the instruction
received by a pupil for the purposes and under the conditions of
Section 46014, not including subdivision (d) of Section 46014.

(2) For purposes of this chapter, Section 46014 shall be
construed to additionally permit a pupil to be excused from school
to participate in instruction in nonsectarian morals and systems of
belief by a nonsectarian entity.

(b) “Sponsoring entity” means the entity that provides released
time instruction to a pupil pursuant to this chapter.

53332.  

(a) The governing board of a school district may adopt
a policy authorizing a pupil in high school to participate in released
time instruction. A policy adopted pursuant to this subdivision
shall include the following conditions:

(1) The pupil’s parent or guardian makes a written request.

(2) The released time instruction is conducted off school district
property.

(3) No public funds are expended and no public school personnel
are involved in providing the instruction.

(4) The sponsoring entity maintains attendance records and
makes those records available to the school district the pupil
attends.

(5) Transportation to and from the place of released time
instruction, including transportation for pupils with disabilities, is
the complete responsibility of the sponsoring entity, parent,
guardian, or pupil.

(6) The sponsoring entity makes provisions for and assumes
liability for the pupil.

(7) The pupil assumes responsibility for any missed schoolwork.

(8) The pupil does not miss any core curriculum subject courses
to attend released time instruction.

(9) The pupil attends school for no less than the minimum
schoolday applicable to that pupil on each day of released time
instruction.

(b) A policy adopted pursuant to subdivision (a) may allow a
pupil in high school to receive up to two elective credits toward
that pupil’s high school graduation requirements for the completion
of released time instruction.

(c) (1) A policy adopted pursuant to subdivision (a) shall
include secular criteria for determining whether to authorize a
pupil to earn credit for the completion of released time instruction.
The criteria shall be substantially the same criteria used to evaluate
a similar nonpublic high school course for the purpose of
determining whether to award credit for that course to a pupil
transferring from a nonpublic high school to a public high school.

(2) The secular criteria shall include, but are not limited to, the
following:

(A) The number of hours of classroom instruction time.

(B) A review of the course syllabus that reflects course
requirements, materials used, and a clear learning objective.

(C) The methods of assessment used in the course.

(D) The course is taught by a certificated teacher.

(3) There shall be no criteria requiring that released time
instruction be completed only at a nonpublic school.

53333.  

A decision to award credit for released time instruction
shall be neutral to, and shall not involve any test for, religious
content or denominational affiliation.

53334.  

School district staff and faculty shall not encourage or
discourage participation by pupils in released time instruction.

53335.  

An absence for released time instruction pursuant to
this chapter shall not be deemed an absence in computing average
daily attendance.

end delete