BILL NUMBER: AB 1154	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member La Suer

                        FEBRUARY 22, 2005

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1154, as amended, La Suer.  School districts: excused absences:
parental  request   consent  .
   (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.  The bill
would prohibit school authorities from excusing any pupil from the
school for any reason without the consent of the pupil's parent or
guardian. The implementation of this prohibition would impose a
state-mandated   local program. 
   (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 amended to read: 
   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   School  authorities  may 
 shall not  excuse any pupil from the school for 
the purpose of obtaining confidential medical services  
any reason  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.   
  SECTION 1.  Section 46010.1 of the  Education Code  is repealed.
 
  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, 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 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, upon the written request of
the parent or guardian of the pupil and 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 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 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. 
    SEC. 2.   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.