BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1457|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1457
          Author:   Morrell (R), et al.
          Amended:  5/4/16  
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  4-4, 3/30/16 (FAIL)
           AYES:  Huff, Leyva, Mendoza, Vidak
           NOES:  Liu, Block, Hancock, Monning
           NO VOTE RECORDED:  Pan

           SENATE EDUCATION COMMITTEE:  5-4, 4/20/16
           AYES:  Huff, Leyva, Mendoza, Pan, Vidak
           NOES:  Liu, Block, Hancock, Monning

           SENATE FLOOR:  15-18, 5/23/16 (FAIL)
           AYES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  
            Galgiani, Huff, Mendoza, Moorlach, Morrell, Nguyen, Nielsen,  
            Stone, Vidak
           NOES: Block, De León, Glazer, Hall, Hancock, Hernandez, Hill,  
            Jackson, Lara, Leno, Liu, McGuire, Mitchell, Monning, Pavley,  
            Roth, Wieckowski, Wolk
           NO VOTE RECORDED: Allen, Beall, Hertzberg, Hueso, Leyva, Pan,  
            Runner
           
           SUBJECT:   Pupil instruction:  high school graduation  
                     requirements:  credit for released time instruction


          SOURCE:    Author

          DIGEST:  This bill expands the authority of school districts to  
          authorize a student to be excused from school to receive moral  
          and religious instruction by authorizing a local governing board  
          to adopt a policy, as specified, to allow pupils to earn up to  
          two elective credits towards high school graduation requirements  








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          for the completion of "released time instruction," excluding any  
          cap on the number of excused absences for this purpose.   

          Senate Floor Amendments of 5/4/16 require the secular criteria  
          that are used as part of a school board's policy in determining  
          whether to authorize credit for the completion of released time  
          instruction to include, but not be limited to, the following:   
          (1) the number of hours of classroom instruction time; (2) a  
          review of the course syllabus that reflects course requirements  
          and materials used; (3) the methods of assessment used in the  
          course; and (4) the course is taught by a certificated teacher.

          ANALYSIS:  
          
          Existing law:

           1) Provides for pupils, with the written consent of their  
             parents or guardians, to be excused from school in order to  
             participate in religious exercise or to receive moral and  
             religious instruction at their respective places of worship  
             or at other suitable 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.

           2) Provides that such absences shall not be deemed absences in  
             computing average daily attendance (ADA), if all of the  
             following conditions are complied with:

              a)    The governing board of the school district adopts a  
                resolution permitting pupils to be absent from school for  
                such exercises or instruction.

              b)    The governing board of the school district adopts  
                regulations governing the attendance of pupils at such  
                exercises or instruction and the reporting thereof.

              c)    Each pupil so excused shall attend school at least the  
                minimum school day for his grade for elementary schools,  
                and as provided by the relevant provisions for secondary  
                schools, as specified.  









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              d)    No pupil shall be excused from school for such purpose  
                on more than four days per school month.  (Education Code  
                § 46014)

          This bill:  

           1) Provides various legislative findings and declarations,  
             including the finding and declaration that private religious  
             education is a legitimate and complimentary part of the  
             American school system, and that parents have a recognized  
             constitutional right to educate their children at religious  
             private schools.  

           2) Defines "released time instruction" as the instruction  
             received by a pupil for the purposes and under the conditions  
             of Education Code Section 46014 which allows pupils, with the  
             consent of their parents, to be excused from school in order  
             to participate in religious exercises or to receive moral and  
             religious instruction, as specified.  

           3) Provides that Education Code 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.  

           4) Defines "sponsoring entity" as the entity that provides  
             released time instruction to a pupil pursuant to this bill.

           5) Provides that the governing board of a school district may  
             adopt a policy authorizing a pupil in high school to  
             participate in released time instruction.

           6) Requires the policy to include the following conditions:

              a)    The pupil's parent or guardian makes a written  
                request.

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

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








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

              e)    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.

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

              g)    The pupil assumes responsibility for any missed  
                schoolwork. 

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

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

           7) Provides that a policy may allow a pupil to receive up to  
             two elective credits toward that pupil's high school  
             graduation requirements for the completion of released time  
             instruction.  

           8) Requires the policy to include secular criteria for  
             determining whether to authorize a pupil to earn credit for  
             the completion of released time instruction.  Requires the  
             criteria to 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.  

           9) Provides that the secular criteria shall include, but not be  
             limited to the following:

              a)    The number of hours of classroom instruction time.









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              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.

           10)Provides that there shall be no criteria requiring that  
             released time instruction be completed only at a nonpublic  
             school.  

           11)Provides that 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.  

           12)Prohibits school district staff and faculty from encouraging  
             or discouraging participation by pupils in released time  
             instruction.

           13)Provides that an absence for released time instruction shall  
             not be deemed an absence in computing ADA.


          Comments

          Rationale for the bill.  According to the author the purpose of  
          this bill is to enable school boards to take action to authorize  
          more time than is allowed under current law for students to  
          participate in religious exercise or religious and moral  
          instruction and to receive elective credit toward high school  
          graduation for this activity.  According to the author, both  
          Ohio and South Carolina have passed similar legislation allowing  
          students to receive two elective credits for "released time  
          instruction."

          Why is existing law a problem?  Current law already allows for  
          students to be excused to participate in religious exercise or  
          to receive religious or moral instruction as long as specified  
          conditions are met.  Such absences are currently limited to no  
          more than four days per school month and a school district may  
          generate ADA for these absences, as long as all statutory  








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          requirements are met.  

          Clarification of the bill's effect.  As noted, students are  
          already permitted to be excused from school to participate in  
          religious exercise and receive religious or moral instruction.   
          This bill redefines these activities as "released time  
          instruction" and expands existing authority in three ways: 

           1) It allows school districts to adopt policies authorizing  
             high school students to earn up to two elective credits  
             towards their graduation requirements for the completion of  
             religious exercise or moral and religious instruction. 

           2) It authorizes such instruction and specifically eliminates  
             the cap on the number of allowable excused days for this  
             purpose.

           3) It expands the ability of school districts to generate ADA  
             for these absences (current law caps these absences at four  
             days per month).  While this bill requires students to meet  
             the minimum day requirement in current law for a school  
             district to receive full ADA (which is typically four hours)  
             on each day of released time instruction, it does not limit  
             the frequency for which students may participate each month.   
              

          Blurring the lines between the separation of church and state?   
          This bill provides that elective credit may be provided to  
          students for religious exercise and religious or moral  
          instruction if, among other things, no public funds are expended  
          and no public personnel are involved in providing the  
          instruction.  However, while no funds are being provided  
          directly to the entity providing the instruction, this bill  
          would expand the ability of school districts to receive public  
          funding (ADA) for students who are receiving religious  
          instruction from non-school personnel and away from the  
          schoolsite during the regular school day. 

          While current law allows for some accommodation of religious  
          instruction during the school day, should the ability of  
          students attending public schools receiving public dollars via  
          ADA to be excused from the regular school day to receive  








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          religious instruction be further expanded?  An argument can be  
          made that because a student would have to meet the minimum day  
          requirement for each day of released time instruction, a  
          district would receive full ADA for that student regardless of  
          whether he or she is excused from school.  However, this bill  
          does not place any limits on the frequency or number of times  
          each month that students may be excused from school for this  
          purpose.  

          Average daily attendance.  This bill expands the ability of a  
          school district to generate ADA for absences due to religious  
          and moral instruction beyond the four days currently allowed  
          under law, raising the following questions and issues to  
          consider:

           1) How much public funding should reasonably be generated by a  
             school district for religious or moral instruction by an  
             entity other than a public school?

           2) Are the conditions outlined in this bill sufficient to  
             ensure that absences for this purpose would not be excessive?

           3) Are additional limitations or time restrictions necessary to  
             ensure that these absences are not frequent or excessive?

           4) Under current law, the generation of ADA generally requires  
             that a student be under the direct supervision of school  
             personnel.  How much ADA should be generated for instruction  
             that is not directly provided or overseen by the school  
             district? 

           5) While this bill defers decisions on expansion of release  
             time to local governing boards, what responsibility does the  
             state have to ensure the use of public funds for public  
             purposes and a clear separation of church and state in a  
             publicly funded school system?  

          Elective credit.  This bill authorizes local boards to provide  
          up to two elective credits toward graduation for religious and  
          moral instruction delivered outside the public school system.   
          It authorizes, but does not require, consideration of the number  
          of hours of instruction, a review of a course syllabus that  








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          reflects a clear learning objective, methods of assessment, and  
          the qualifications of the instructor in determining whether to  
          authorize course credit.  It also prohibits the decision to  
          award credit from involving any test for religious content or  
          denominational affiliation.  These provisions raise the  
          following questions and issues to consider:

           1) Should instruction outside of the school setting be eligible  
             for elective credit towards graduation without prescribing  
             any criteria or requirements for the coursework or the  
             personnel that would be responsible for the instruction?

           2) How much "released time instruction" for the generation of  
             two credits is necessary or reasonable?

           3) Why is it necessary that students be granted credit toward  
             graduation for religious and moral instruction?  Why are the  
             existing means by which students could receive course credit  
             for these activities insufficient?


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified5/6/16)


          California Catholic Conference, Inc.
          California Family Council
          Christian Educators Association International
          Christian Released Time Education
          Concerned Women for America
          Father's House Church International
          Gateways to Better Education
          Orange County Superintendent of Schools
          Representative Bill Patmon, Ohio House of Representatives
          Representative Jeff McClain, Ohio House of Representatives
          School Ministries, Inc.
          Terry's Testing, Inc.
          Valley Christian Church
          West Coast Chabad








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          Several individuals


          OPPOSITION:   (Verified5/9/16)


          Americans United for Separation of Church and State
          California Federation of Teachers
          California Teachers Association


          Prepared by:Lenin DelCastillo / ED. / (916) 651-4105
          5/25/16 15:38:36


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