BILL NUMBER: AB 1154	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member La Suer

                        FEBRUARY 22, 2005

   An act to amend Section 48205 of, and to repeal Section 46010.1
of, the Education Code, relating to school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1154, as introduced, La Suer.   School districts: excused
absences: parental request.
   (1) Existing law authorizes a minor to obtain various medical,
dental, mental health, and counseling services without the consent of
his or her parent or guardian and requires the governing board of a
school district to notify pupils and the parents or guardians of
those pupils that school authorities may excuse a pupil from school
to obtain confidential medical services without that consent.
Existing law authorizes a school district to include that notice with
any other notice made to a parent or guardian of a pupil pursuant to
existing law.
   This bill would delete that notice requirement.
   (2) Existing law requires a school district to excuse a pupil from
school if the absence is for the purpose of having medical, dental,
optometrical, or chiropractic services rendered.
   This bill, instead, would require a school district to excuse a
pupil from school when the absence is for the purpose of having
medical, dental, optometrical, or chiropractic services rendered,
upon the written request of the parent or guardian of the pupil. To
the extent that this bill would impose additional duties on a school
district, the bill would create a state-mandated local program.
   (3) 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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 46010.1 of the  Education Code  is repealed.

   46010.1.  Commencing in the fall of the 1986-87 academic year, the
governing board of each school district shall, each academic year,
notify pupils in grades 7 to 12, inclusive, and the parents or
guardians of all pupils enrolled in the district, that school
authorities may excuse any pupil from the school for the purpose of
obtaining confidential medical services without the consent of the
pupil's parent or guardian.The notice required pursuant to this
section may be included with any other notice given pursuant to this
code. 
  SEC. 2.  Section 48205 of the  Education Code  is amended to read:

   48205.  (a) Notwithstanding Section 48200, a pupil shall be
excused from school when the absence is:(1)  Due to his or her
illness.
   (2) Due to quarantine under the direction of a county or city
health officer.
   (3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered  , upon the written request of the
parent or guardian of the pupil pursuant to uniform standards
established by the governing board  .
   (4) For the purpose of attending the funeral services of a member
of his or her immediate family,  so long as   if
 the absence is not more than one day if the service is
conducted in California and not more than three days if the service
is conducted outside California.
   (5) For the purpose of jury duty in the manner provided for by
law.
   (6) Due to the illness or medical appointment during school hours
of a child of whom the pupil is the custodial parent.
   (7) For justifiable personal reasons, including  , but not
limited to,  an appearance in court, attendance at a
funeral service, observance of a holiday or ceremony of his or her
religion, attendance at religious retreats, or attendance at an
employment conference,  when the pupil's absence has been
requested in writing by   upon the written request of
 the parent or guardian  of the pupil  and 
approved by   approval of  the principal or a
designated representative pursuant to uniform standards established
by the governing board.
   (8) For the purpose of serving as a member of a precinct board for
an election pursuant to Section 12302 of the Elections Code.
   (b) A pupil absent from school under this section  shall
be   is  allowed to complete all assignments and
tests missed during the absence that can be reasonably provided and,
upon satisfactory completion within a reasonable period of time,
shall be given full credit therefor. The teacher of  any
  a  class from which a pupil is absent shall
determine 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) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.
   (d) Absences pursuant to this section are deemed to be absences in
computing average daily attendance and shall not generate state
apportionment payments.
   (e) "Immediate family," as used in this section, has the same
meaning as that set forth in Section 45194, except that references
therein to "employee" shall be deemed to be references to "pupil."
  SEC. 3.  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.