BILL NUMBER: AB 776 CHAPTERED
BILL TEXT
CHAPTER 879
FILED WITH SECRETARY OF STATE OCTOBER 12, 1997
APPROVED BY GOVERNOR OCTOBER 11, 1997
PASSED THE ASSEMBLY SEPTEMBER 11, 1997
PASSED THE SENATE SEPTEMBER 8, 1997
AMENDED IN SENATE SEPTEMBER 5, 1997
AMENDED IN SENATE JULY 22, 1997
AMENDED IN SENATE JULY 9, 1997
AMENDED IN ASSEMBLY JUNE 4, 1997
AMENDED IN ASSEMBLY MAY 22, 1997
AMENDED IN ASSEMBLY APRIL 21, 1997
AMENDED IN ASSEMBLY APRIL 14, 1997
AMENDED IN ASSEMBLY APRIL 2, 1997
INTRODUCED BY Assembly Member Baca
(Coauthor: Assembly Member Kuehl)
FEBRUARY 26, 1997
An act to add Section 48225.5 to the Education Code, relating to
pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 776, Baca. Pupil attendance.
Existing law subjects each person between the ages of 6 and 18
years who is not otherwise exempt, to compulsory full-time education.
Existing law excuses pupils from school for justifiable personal
reasons, including, among others, appearance in court, attendance at
a funeral service, and observance of a holiday or ceremony of the
pupil's religion. Existing law also provides that the governing
board of a school district, that has children holding work permits to
work temporarily in the entertainment or allied industries and
therefore are exempt from attending public full-time day school, or a
county superintendent of schools, may contract with any person,
firm, or corporation responsible for the education of those children,
to provide eligibility lists and placement services for qualified
teaching and other necessary personnel for tutoring of those children
while they are employed.
This bill would require a pupil who holds a work permit to work
for a period of not more than 5 consecutive days in the entertainment
or allied industries to be excused from school during the period
that the pupil is working in the entertainment or allied industry for
a maximum of up to 5 absences per school year. The bill would also
require a pupil to be excused from school in order to participate
with a not-for-profit performing arts organization in a performance
for a public school pupil audience, as specified. The bill would
require a school district to permit those pupils to complete all
assignments and tests missed during the absence that can be
reasonably provided and, upon satisfactory completion, to give full
credit therefor, as specified. The bill would require that a pupil
who is excused from school while working in the entertainment or
allied industry receive instruction during the period of the absence
from a studio teacher certified, as specified, during specified hours
of the day, and would authorize a pupil to be enrolled in a work
experience program, as specified.
By imposing new duties or a higher level of service upon school
districts and school employees, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48225.5 is added to the Education Code, to
read:
48225.5. (a) (1) Notwithstanding Section 48200, a pupil who holds
a work permit to work for a period of not more than five
consecutive days in the entertainment or allied industries shall be
excused from school during the period that the pupil is working in
the entertainment or allied industry for a maximum of up to five
absences per school year.
(2) Notwithstanding Section 48200, a pupil shall be excused from
school in order to participate with a not-for-profit performing arts
organization in a performance for a public school pupil audience for
a maximum of up to five days per school year provided the pupil's
parent or guardian provides a written note to the school authorities
explaining the reason for the pupil's absence.
(b) A pupil absent from school under this section shall be
permitted to complete all assignments and tests missed during the
absence that can be reasonably provided and, upon satisfactory
completion, shall be given full credit therefor. The teacher of any
class from which a pupil is absent shall determine, pursuant to the
regulations of the governing board of the school district, or the
county board of education, what assignments the pupil shall make up
and in what period of time the pupil shall complete those
assignments. The tests and assignments shall be reasonably
equivalent to, but not necessarily identical to, the tests and
assignments that the pupil missed during the absence.
(c) A pupil absent pursuant to paragraph (1) of subdivision (a)
shall receive instruction during the period of the absence from a
studio teacher certified by the Labor Commissioner holding
credentials as defined in Section 11755 of Title 8 of the California
Code of Regulations. The instruction shall be offered between 7 a.m.
and 4 p.m. for pupils in kindergarten and grades 1 to 6, inclusive,
and between 7 a.m. and 7 p.m. for pupils in grades 7 to 12,
inclusive. The school district or county superintendent of schools
shall accept the work done by the pupil and the grades given to the
pupil on that work and shall provide the pupil with credit for the
instruction the pupil received from that teacher.
(d) At the request of a pupil excused from school pursuant to
paragraph (1) of subdivision (a), the pupil may be permitted to
enroll in a work experience program of the school district and shall
receive appropriate academic credit for that work experience.
(e) This section shall apply to all pupils, whether a pupil is
enrolled in regular classes or special education classes, a regional
occupational program or center, or a program of independent study, or
any other program of the school district or county superintendent of
schools.
SEC. 2. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.