BILL NUMBER: AB 296	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009
	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 educational services.
   (1) Existing federal law defines "supplemental educational
services" as tutoring and other supplemental academic enrichment
services that are provided  ,  in addition to
instruction provided during the schoolday and are high quality,
research-based, and specifically designed to increase academic
achievement, as specified.
   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 local educational agencies  and
supplemental educational service providers  to comply with
specified requirements relating to these supplemental educational
services, including  expanding the means of  
requirements relating to  providing information to parents and
guardians and  accepting enrollment forms  
enrollment of pupils in supplemental educational services. The bill
would require local educational agencies to permit supplemental
educational service providers access to school facilities if the
local educational agency provides access to outside entities, except
as specified  . 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: yes.
State-mandated local program: 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) 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.
   (b) 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.
   (c) 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. 
   However, if allowing equal access to school facilities is
impractical due to limited availability of space, school district
governing boards may limit provider access to school facilities. If
opting to limit access to facilities, a school district governing
board shall develop fair and transparent policies and procedures for
determining which providers can serve pupils at each schoolsite, and
shall solicit input of providers and parents.  
   (d) Supplemental educational service providers shall not preprint
their company name on pupil enrollment forms.  
   (e) Supplemental educational service providers shall not knowingly
enroll pupils who are not eligible for supplemental educational
services. 
  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.