BILL NUMBER: AB 519 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2008
AMENDED IN SENATE AUGUST 12, 2008
AMENDED IN SENATE SEPTEMBER 7, 2007
AMENDED IN ASSEMBLY APRIL 24, 2007
INTRODUCED BY Assembly Member Portantino
FEBRUARY 21, 2007
An act to amend Section 48800 of the Education Code,
relating to public school pupils. An act to add and
repeal Section 7362.01 of the Business and Professions Code, relating
to barbering and cosmetology, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 519, as amended, Portantino. Pupils of public high
schools: community college enrollment. Barbering and
cosmetology.
The Barbering and Cosmetology Act provides for licensure and
regulation of persons engaged in barbering, cosmetology, or
electrolysis by the State Board of Barbering and Cosmetology.
Existing law generally requires a licensee of the board to have
completed certain coursework in a school approved by the board,
including private schools that were regulated by the former Bureau
for Private Postsecondary and Vocational Education, which ceased to
exist on July 1, 2007. Pursuant to Chapter 635 of the Statutes of
2007, certain transition provisions were enacted to be in effect
until July 1, 2008, in anticipation of the establishment of a new
Bureau for Private Postsecondary and Vocational Education. Under
these provisions, the board was authorized, until July 1, 2008, to
approve a school under specified conditions that had not been
licensed by the former bureau.
This bill, notwithstanding the requirement for private schools to
be licensed by the former Bureau for Private Postsecondary and
Vocational Education, would provide that all schools of barbering,
cosmetology, or electrology that have a valid approval to operate,
and all instructors holding a valid certificate of authorization from
the former bureau as of June 30, 2007, or from the board as of June
30, 2008, would retain those approvals, licenses, or certificates for
purposes of the interpretation of other provisions of applicable law
that refer or relate to the issuance of a license or registration
and meeting qualifications for licensing examinations. The bill would
also provide that any approvals made by the board on or before
December 31, 2008, of a branch or satellite campus, change of
ownership, or the sale or purchase of an approved school of
barbering, cosmetology, or electrology would be deemed to be valid
and effective on January 1, 2009, provided the school seeking the
approval was lawfully operating prior to July 1, 2007. The bill would
also authorize the board to review the application of a person
desiring to establish a school of barbering, cosmetology, or
electrology and issue approval to operate if the applicant is deemed
able to comply with all other applicable laws governing school
operations, subject to certain requirements. The bill would authorize
the board to charge various fees to applicants and approved schools
in that regard which would be deposited in the Barbering and
Cosmetology Contingent Fund. The bill would make these provisions
inoperative and repeal them on January 1, 2010.
The provisions of the bill would be inoperative or would not
become operative if SB 823 is enacted.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law authorizes the governing board of a school district,
upon recommendation of the principal of a pupil's school of
attendance, and with parental consent, to authorize a pupil who would
benefit from advanced scholastic or vocational work to attend
community college as a special part-time student to undertake one or
more courses of instruction at the community college level in order
to provide educational enrichment opportunities for a limited number
of eligible pupils.
Existing law prohibits a principal from recommending, for any
particular grade level, for community college summer session
attendance, more than 5% of the total number of pupils who completed
that grade immediately prior to the time of recommendation. The 5%
limitation exempts high school pupils who meet specified criteria.
Existing law makes inoperative the exemption and related
provisions on January 1, 2009.
This bill would extend the operation of those provisions by making
them inoperative on January 1, 2014.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7362.01 is added to the
Business and Professions Code , to read:
7362.01. (a) Notwithstanding subdivision (a) of Section 7362, all
schools of barbering, cosmetology, or electrology that have a valid
approval to operate, including, but not necessarily limited to, a
license to operate, and all instructors holding a valid certificate
of authorization for service or meeting that certification
requirement as previously set, from the former Bureau for
Postsecondary and Vocational Education as of June 30, 2007, or
approved by the board as of June 30, 2008, shall retain those
approvals, licenses, or certificates of authorization for purposes of
the interpretation of other provisions of applicable law that refer
or relate to the issuance of a license or registration and meeting
qualifications for licensing examinations. Those approvals shall
remain effective, unless superseded by a later enacted statute, or
unless the board decides to revoke approval based on noncompliance
with the criteria established for new school applications pursuant to
paragraph (2) of subdivision (c).
(b) Notwithstanding subdivision (a) of Section 7362, any approvals
made by the board on or before December 31, 2008, of a branch or
satellite campus, change of ownership, or the sale or purchase of an
approved school of barbering, cosmetology, or electrology shall be
deemed to be valid and effective on January 1, 2009, provided the
school seeking the approval was lawfully operating prior to July 1,
2007.
(c) (1) Notwithstanding subdivision (a) of Section 7362, the board
shall be authorized to review the application of a person desiring
to establish a school of barbering, cosmetology, or electrology and
issue approval to operate if the applicant is deemed able to comply
with all other applicable laws governing school operations. This
authority to review and approve shall remain effective, unless
superseded by a later enacted statute that vests this authority in
another governing agency, board, or bureau, in which case the school
shall be required to seek and obtain approval of that successor
agency, board, or bureau within six months of the date that the
successor agency, board, or bureau commences operations.
(2) The board shall consider all relevant information to ensure
the ability and willingness of the applicant to comply with the
applicable provisions of this chapter relative to schools and review
of any problematic practices, especially those dealing with students,
including, but not limited to, all of the following:
(A) Misleading or erroneous advertising, including information
provided to prospective students.
(B) Unfair or deceptive practices involving financial charges and
contracts with prospective or enrolled students, including
cancellation and refund policies.
(C) Insufficient full-time enrollees, facility or floor space, or
equipment, or lack of compliance with local building codes or
permits.
(D) Insufficient number of competent instructors, as determined by
industry experience or academic training or credentialing.
(3) The board shall not approve any application pursuant to this
subdivision until the board promulgates regulations in that regard
and implements those regulations with necessary and appropriate staff
hired to provide an adequate review of the requirements of this
subdivision.
(4) The board may consider the certification and approval of
national accrediting agencies recognized by the United States
Department of Education, such as the National Accrediting Commission
of Cosmetology Arts and Sciences, when determining the fitness of the
applicant to meet all relevant and necessary approval criteria.
(5) The board shall charge the applicant a fee commensurate with
costs associated with the review of the application. The fee shall be
payable whether or not the application is approved. The board may
also charge an annual fee to enforce ongoing compliance of all
schools approved under this subdivision.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 2. (a) If Senate Bill
823 of the 2007-08 Regular Session is enacted prior to this bill, the
provisions of this bill shall not become operative.
(b) If Senate Bill 823 of the 2007-08 Regular Session is enacted
after this bill, the provisions of this bill shall become inoperative
on the date of enactment of SB 823.
SEC. 3. 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 provide for the existence and regulation of approved
schools for barbering, cosmetology, or electrology, it is necessary
that this act take effect immediately.
SECTION 1. Section 48800 of the Education Code
is amended to read:
48800. (a) The governing board of a school district may determine
which pupils would benefit from advanced scholastic or vocational
work. The intent of this section is to provide educational enrichment
opportunities for a limited number of eligible pupils, rather than
to reduce current course requirements of elementary and secondary
schools, and also to help ensure a smoother transition from high
school to college for pupils by providing them with greater exposure
to the collegiate atmosphere. The governing board may authorize those
pupils, upon recommendation of the principal of the pupil's school
of attendance, and with parental consent, to attend a community
college during any session or term as special part-time or full-time
students and to undertake one or more courses of instruction offered
at the community college level.
(b) If the governing board denies a request for a special
part-time or full-time enrollment at a community college for any
session or term for a pupil who is identified as highly gifted, the
governing board shall issue its written recommendation and the
reasons for the denial within 60 days. The written recommendation and
denial shall be issued at the next regularly scheduled board meeting
that falls at least 30 days after the request has been submitted.
(c) A pupil shall receive credit for community college courses
that he or she completes at the level determined appropriate by the
governing boards of the school district and community college
district.
(d) (1) The principal of a school may recommend a pupil for
community college summer session only if that pupil meets all of the
following criteria:
(A) Demonstrates adequate preparation in the discipline to be
studied.
(B) Exhausts all opportunities to enroll in an equivalent course,
if any, at his or her school of attendance.
(2) For any particular grade level, a principal shall not
recommend for community college summer session attendance more than 5
percent of the total number of pupils who completed that grade
immediately prior to the time of recommendation.
(3) A high school pupil recommended by his or her principal for
enrollment in a course shall not be included in the 5 percent
limitation of pupils allowed to be recommended pursuant to paragraph
(2) if the course in which the pupil is enrolled meets one of the
criterion listed in subparagraphs (A) to (C), inclusive, and the high
school principal who recommends the pupil for enrollment provides
the Chancellor of the California Community Colleges, upon the request
of that office, with the data required for purposes of paragraph
(4).
(A) The course is a lower division, college-level course for
credit that is designated as part of the Intersegmental General
Education Transfer Curriculum or applies toward the general education
breadth requirements of the California State University.
(B) The course is a college-level, occupational course for credit
assigned a priority code of "A," "B," or "C," pursuant to the Student
Accountability Model, as defined by the Chancellor of the California
Community Colleges and reported in the management information
system, and the course is part of a sequence of vocational or career
technical education courses leading to a degree or certificate in the
subject area covered by the sequence.
(C) The course is necessary to assist a pupil who has not passed
the California High School Exit Examination (CAHSEE), does not offer
college credit in English language arts or mathematics, and the pupil
meets both of the following requirements:
(i) The pupil is in his or her senior year of high school.
(ii) The pupil has completed all other graduation requirements
prior to the end of his or her senior year, or will complete all
remaining graduation requirements during a community college summer
session, which he or she is recommended to enroll in, following his
or her senior year of high school.
(4) On or before November 1, 2007, and on or before January 1 of
each year thereafter, the Chancellor of the California Community
Colleges shall report to the Department of Finance the number of
pupils recommended pursuant to paragraph (3) who enroll in community
college summer session courses and who receive a passing grade.
(5) The Board of Governors of the California Community Colleges
shall not include enrollment growth attributable to paragraph (3) as
part of its annual budget request for the California Community
Colleges.
(6) Notwithstanding Article 3 (commencing with Section 33050) of
Chapter 1 of Part 20 of Division 2, compliance with this subdivision
shall not be waived.
(e) Paragraphs (3), (4), and (5) of subdivision (d) shall become
inoperative on January 1, 2014.