BILL NUMBER: AB 296 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Solorio
FEBRUARY 17, 2009
An act to add Article 4.3 (commencing with Section 52060) to
Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education
Code, relating to supplemental education services.
LEGISLATIVE COUNSEL'S DIGEST
AB 296, as amended, Solorio. Supplemental education
educational services.
Existing
(1) Existing federal law defines
"supplemental education educational
services" as tutoring and other supplemental academic enrichment
services that are provided, in addition to instruction provided
during the day schoolday and are high
quality, research-based, and specifically designed to increase
academic achievement, as specified. Existing state law
requires the governing board of each school district to offer, and
authorizes a charter school to offer, various supplemental
instructional programs, including programs for pupils enrolled in
grades 7 to 12, inclusive, who do not demonstrate sufficient progress
toward passing the high school exit examination.
This bill would state the intent of the Legislature to
enact legislation that would modify these supplemental education
services. Under federal law, local educational
agencies, state educational agencies, and providers of supplemental
educational services are required to comply with certain
requirements relating to the administration of these supplemental
educational services.
This bill would require the State Department of Education, the
State Board of Education, providers of supplemental services, and
local educational agencies to comply with specified requirements
relating to these supplemental educational services. Because the bill
would require local educational agencies to provide a higher level
of service, it would impose a state-mandated local program.
(2) 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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4.3 (commencing with Section
52060) is added to Chapter 6.1 of Part 28 of Division 4 of Title 2 of
the Education Code , to read:
Article 4.3. Supplemental Educational Services
52060. This article applies to supplemental educational services
offered pursuant to Section 6316(e) of the federal No Child Left
Behind Act of 2001 (20 U.S.C. Section 6301 et seq.).
52061. (a) The department shall not deny the application of a
provider of supplemental educational services based solely on the
denial of the provider's application in another state.
(b) If the program of a provider of supplemental educational
services that has been approved by the state board is debarred in
another state, the state board shall conduct a review prior to
termination of the provider's approval status if the sole basis for
contemplating termination is that the provider's program was debarred
in another state.
(c) Local educational agencies offering supplemental services
shall open the enrollment period for supplemental educational
services within nine weeks of the beginning of the school year.
(d) Local educational agencies offering supplemental educational
services shall ensure that blank enrollment forms are available to
any member of the public who requests a form.
(e) Local educational agencies shall provide at least two methods
by which parents or guardians of eligible pupils may submit completed
enrollment forms. These methods may include, but are not necessarily
limited to, a drop-off location, facsimile, postal mail, and through
an Internet Web site.
(f) Local educational agencies shall provide parents or guardians
of eligible pupils with information about the availability of
supplemental educational services through at least two channels.
These may include, but are not necessarily limited to, providing the
pupil with information, back-to-school presentations, school fairs,
postal mail, and telephone.
(g) If a local educational agency provides outside entities access
to school facilities before school, after school, or both, the local
educational agency shall permit supplemental educational services
providers the same access. Those providers shall comply with the same
legal requirements and fee obligations with which all other outside
entities comply.
(h) Each provider of supplemental educational services shall begin
providing services to pupils within three weeks of the close of the
enrollment period.
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.
SECTION 1. It is the intent of the Legislature
to enact legislation that would modify the supplemental education
services, as defined in subsection (e) of Section 1116 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
6301 et. seq.), provided by school districts and charter schools.