BILL NUMBER: SB 1689 CHAPTERED 07/05/00 CHAPTER 73 FILED WITH SECRETARY OF STATE JULY 5, 2000 APPROVED BY GOVERNOR JULY 5, 2000 PASSED THE SENATE JUNE 15, 2000 PASSED THE ASSEMBLY JUNE 15, 2000 AMENDED IN ASSEMBLY JUNE 15, 2000 AMENDED IN ASSEMBLY JUNE 14, 2000 INTRODUCED BY Senators Escutia and Monteith (Coauthors: Senators Alarcon, Alpert, Hughes, Murray, O'Connell, Ortiz, Polanco, Solis, and Soto) (Coauthors: Assembly Members Alquist, Aroner, Bates, Cardenas, Cardoza, Cedillo, Corbett, Correa, Davis, Dickerson, Dutra, Gallegos, Hertzberg, Honda, Jackson, Longville, Lowenthal, Maddox, Mazzoni, Nakano, Rod Pacheco, Pescetti, Reyes, Romero, Shelley, Steinberg, Strom-Martin, Thomson, Villaraigosa, Vincent, Washington, Wiggins, Wildman, and Zettel) FEBRUARY 22, 2000 An act to amend Section 48980 of, and to add Section 52247 to, the Education Code, relating to instructional programs, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 1689, Escutia. Advanced placement program. (1) Existing law requires at the beginning of the first semester or quarter, the governing board of each school district to notify parents or guardians of minor pupils of specified rights and responsibilities of the parent or guardian. This bill would also require that parents and guardians be notified of the availability of state funds to cover the costs of advanced placement examination fees, thus imposing a state-mandated local program with respect to the additional notice. (2) Existing law establishes a 5-year pilot grant program, administered by the State Department of Education, for the purpose of awarding grants to cover the costs of advanced placement examination fees for economically disadvantaged pupils. Existing law also authorizes a school district receiving economic impact aid funds to expend any portion of those funds to pay for all or part of the costs of one or more advanced placement examinations that are charged to economically disadvantaged pupils. This bill would establish the Advanced Placement Challenge Grant Program under which a high school would design and implement a plan that would result in its pupils having access to at least 4 advanced placement courses in core curriculum areas. The bill would also require the Superintendent of Public Instruction to administer a grant program for advanced placement professional development under which nonrenewable 4-year grants would be awarded on a competitive basis to no more than 550 high schools to establish, train, and support teams of teachers or purchase instructional materials and equipment for those courses. (4) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 48980 of the Education Code is amended to read: 48980. (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of its minor pupils regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240, and 51550 and Chapter 2.3 (commencing with Section 32255) of Part 19. (b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9. (c) The notification shall also advise the parents and guardians of all pupils attending a school within the district of the schedule of minimum days and pupil-free staff development days, and if any minimum or pupil-free staff development days are scheduled thereafter, the governing board shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. (d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options including, but not limited to, United States Savings Bonds. (e) Commencing with the 2000-01 school year, and each school year thereafter, the notification shall advise the parent or guardian of the pupil that, commencing with the 2003-04 school year, and each school year thereafter, each pupil completing 12th grade will be required to successfully pass the high school exit examination administered pursuant to Chapter 8 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination, the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation. (f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) shall inform parents or guardians of the program as specified in Section 32390. (g) Until July 1, 1998, the notification shall also advise the parent or guardian of the availability of the employment-based school attendance options pursuant to subdivision (f) of Section 48204. (h) The notification shall also include a copy of the district's written policy on sexual harassment established pursuant to Section 212.6, as it relates to pupils. (i) Commencing July 1, 1998, the notification shall include a copy of the written policy of the school district adopted pursuant to Section 51870.5 regarding access by pupils to Internet and online sites. (j) The notification shall advise the parent or guardian of all current statutory attendance options and local attendance options available in the school district. That notification shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. That notification shall also include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification shall also include an explanation of the current statutory attendance options including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5 (commencing with Section 48209) of Chapter 2 of Part 27. The State Department of Education shall produce this portion of the notification and shall distribute it to all school districts. (k) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within their districts and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of California's pupils. (l) The notification shall advise the parent or guardian that no pupil may have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 when missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. (m) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52244. SEC. 2. Section 52247 is added to the Education Code, to read: 52247. (a) The Advanced Placement Challenge Grant Program is hereby established to assist California public high schools in providing access to rigorous, academically challenging, college-level courses to interested and prepared pupils in the state. (b) Commencing in the 2000-01 fiscal year, the Superintendent of Public Instruction shall administer the Advanced Placement Challenge Grant Program. A school district may apply on behalf of eligible schools in its jurisdiction to the Superintendent of Public Instruction for the award of a grant pursuant to this section. (c) Only a high school meeting the following criteria during the 1999-2000 academic year is eligible to receive funding pursuant to this section: (1) Schools offering three or fewer advanced placement courses, or in the case of multitrack schools, three or fewer advanced placement courses per track. Schools meeting this criteria shall have first priority for funding. (2) Schools not offering advanced placement courses in either mathematics or science. Schools meeting this criteria shall have second priority for funding. (3) Schools with low college participation rates. Schools meeting this criteria shall have third priority for funding. (4) Schools with a majority of pupils who qualify for free or reduced price meals. Schools meeting this criteria shall have fourth priority for funding. (d) All schools meeting a higher priority criteria shall receive funding before any school meeting a lower priority criteria may receive funding, subject to a maximum of 550 high schools participating in this program. (e) In the 2000-01 fiscal year, the Superintendent of Public Instruction shall award nonrenewable four-year grants in the annual amounts of thirty thousand dollars ($30,000), twenty-two thousand five hundred dollars ($22,500), fifteen thousand dollars ($15,000), and seven thousand five hundred dollars ($7,500) respectively, on a competitive basis to no more than 550 public high schools. The Superintendent of Public Instruction shall notify school districts and county offices of education of the availability of these grant funds, which are intended to increase a recipient school's capacity to offer advanced placement courses. (f) In addition to any funding received pursuant to this section, a school district that qualifies for first priority funding pursuant to paragraph (1) of subdivision (c) may also qualify for first priority grants under the Education Technology Grant Program (Chapter 8.6 (commencing with Section 52270)) in order to provide access to online advanced placement courses for pupils, upon enactment of Assembly Bill 2882 of the 1999-2000 Regular Session. (g) The grants shall be used exclusively for the following activities: (1) Establishing, training, and supporting vertical teams of teachers, as defined in this section. (2) Providing an incentive for schools to offer additional advanced placement courses by purchasing instructional materials and equipment for those courses. (3) Tutoring and instructional support services for pupils, both in preparation for and during, advanced placement coursework. (h) As a condition of receiving funds pursuant to this section, a high school shall do all of the following: (1) Design and implement a plan that will result in its pupils having access, no later than the beginning of the 2001-02 academic year, to a minimum of four advanced placement courses in core curriculum areas. A high school participating in this program shall commit to increase to 50 percent or more the number of pupils enrolled in each advanced placement course taking the advanced placement examination or to a 10 percent increase in the number of advanced placement test takers in each course from the previous year, whichever is greater. (2) Make every effort to ensure that its pupils and their parents or guardians are informed about both of the following: (A) The school's efforts to provide pupil access to advanced placement courses. (B) The use of technology by the school to provide pupil access to advanced placement courses. (3) Utilize tutoring and support services such as those provided under the Advancement Via Individual Determination program and encourage pupils to utilize distance learning options for advanced placement course offerings. A participating school's plan should include a variety of strategies, including, but not limited to, those specified above to increase access to advanced placement courses. (4) To the extent possible, include feeder middle schools in developing a pre-advanced placement program. (5) Pre-advanced placement programs shall include, but not be limited to, professional development of teachers and school counselors, vertical teams, curriculum development focused on skills and knowledge needed for advanced placement readiness, academic support for advanced placement pupils, and notification to its pupils and their parents about the availability and importance of advanced placement courses. (i) The Superintendent of Public Instruction shall contract for an independent evaluation of the effectiveness of the Advanced Placement Challenge Grant Program and report its findings to the Governor and the Legislature on or before August 1, 2002. (j) For purposes of this section, "vertical team" means a group of educators from different grade levels in a given discipline who work cooperatively to develop and implement a vertically aligned program aimed at helping pupils acquire the academic skills necessary to prepare them to successfully undertake advanced placement coursework. (k) Nothing in this section shall be construed to require any action or expenditure on the part of a school district in excess of the amount of funding provided for the purposes of this program or that would require reimbursement by the Commission on State Mandates pursuant to Section 6 of Article XIIIB of the California Constitution and Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. (l) Funds provided for the purposes of this section shall supplement existing programs or services provided at a qualifying high school that are consistent with this section and may not be used to supplant funding for those programs and services. (m) For purposes of this section, high schools receiving grants pursuant to this section may utilize the services of county offices of education, including, but not limited to, services for providing access to advanced placement courses to small, rural schools. SEC. 3. 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. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement the Budget Act of 2000 with respect to high school education, it is necessary that this act take effect immediately.