BILL NUMBER: AB 317 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 15, 2010
AMENDED IN ASSEMBLY OCTOBER 26, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Solorio
FEBRUARY 18, 2009
An act to add Section 46011.3 46393
to the Education Code, relating to school attendance , and
declaring the urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 317, as amended, Solorio. School attendance
attendance: H1N1 (2009) influenza virus .
Existing law establishes the system of public elementary and
secondary schools in this state, as well as the statutory scheme for
the provision of funding for this system. State apportionments to
school districts, the amounts of which are computed based on the
average daily attendance of pupils in the schools operated by those
districts, among other factors, constitute a major source of school
funding. Existing law generally requires that the total days of
attendance of a pupil at the schools and classes maintained by a
school district is the number of days school was actually taught for
not less than the minimum schooldays during the fiscal year less the
sum of his or her absences.
Existing law requires that, whenever the average daily attendance
of any school district, county office of education, or regional
occupational center or program during any fiscal year has been
materially decreased because of, among other things, an epidemic,
that the Superintendent of Public Instruction estimate what the
average daily attendance of that entity would have been had the
epidemic not occurred and credit that amount of average daily
attendance to that entity.
This bill would provide that pupil absences certified as
related to the H1N1 (2009) influenza virus, in
accordance with the procedures established pursuant to the bill, not
be deemed as absences under this provision and not affect the
calculation of state apportionments. The bill would further authorize
the governing board of a school district in which any public
elementary or secondary school that has 50 or more pupils who have
missed at least one day of school because of the H1N1 virus apply to
the Superintendent for a waiver of qualifying pupil absences for
apportionment purposes as defined, in any public
elementary or secondary school be deemed to be an epidemic for the
purposes of the provisions described above .
The bill would require the Superintendent of Public
Instruction to adopt, and inform school districts about, guidelines
and procedures to govern the processing of waiver applications
submitted by school districts and the certification of pupil absences
in applicant school districts as related to the H1N1 (2009)
influenza virus .
This bill would declare that it is to take effect immediately as
an urgency statute.
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 46393 is added to the
Education Code , to read:
46393. (a) For the 2009-10 and 2010-11 fiscal years, a pupil's
absence related to the H1N1 (2009) influenza virus in any public
elementary or secondary school shall be deemed to be an epidemic for
the purposes of this article and for the purposes of Section 41422.
(b) Notwithstanding any regulation enacted pursuant to this
chapter, a decrease in average daily attendance resulting from a
pupil absence related to the H1N1 (2009) influenza virus is material
for the purposes of this article.
(c) For purposes of this section:
(1) "H1N1 (2009) influenza virus" means the virus also commonly
known in 2009 as "pandemic influenza" or "swine flu."
(2) "Pupil absence related to the H1N1 (2009) influenza virus"
includes, but is not necessarily limited to, both of the following:
(A) An absence of a pupil who has tested positive for the H1N1
(2009) influenza virus.
(B) An absence of a pupil who has not tested positive for the H1N1
(2009) influenza virus, but whose reason for absence is consistent
with the symptoms of the H1N1 (2009) influenza virus.
SEC. 2. 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:
The incidence of the H1N1 (2009) influenza virus is an
international health problem that pupils, parents, and school
personnel cannot control. In order to prevent fiscal hardship to
schools that experience widespread absenteeism due to the H1N1 (2009)
influenza virus, it is necessary that this act take effect
immediately.
SECTION 1. Section 46011.3 is added to the
Education Code, to read:
46011.3. Notwithstanding any other provision of law:
(a) Pupil absences certified as related to the H1N1 (2009)
influenza virus, in accordance with the procedures established
pursuant to this section, shall not be deemed to be absences within
the meaning of Section 46010 and shall not affect the calculation of
apportionments.
(b) Pupil absences related to the H1N1 (2009) influenza virus in
any public elementary or secondary school where 50 or more pupils
have missed at least one day of school for a reason within the
meaning of paragraph (2) of subdivision (d) are eligible to be waived
in accordance with this section. The governing board of a school
district in which any elementary or secondary school meeting the
50-pupil standard specified in this subdivision is located may apply
to the Superintendent for a waiver of qualifying pupil absences in
that district for apportionment purposes pursuant to this section.
(c) The Superintendent shall adopt, and inform school districts
about, guidelines and procedures to govern the processing of
applications submitted pursuant to subdivision (b) and the
certification of pupil absences in an applicant school district as
related to the H1N1 (2009) influenza virus.
(d) As used in this section:
(1) "H1N1 (2009) influenza virus" means the virus also commonly
known as "pandemic influenza" or "swine flu."
(2) "Pupil absences related to the H1N1 (2009) influenza virus"
include, but are not necessarily limited to, both of the following:
(A) Absences of pupils who tested positive for the H1N1 (2009)
influenza virus.
(B) Absences of pupils who have not tested positive for the H1N1
(2009) influenza virus, but whose absence occurs during an outbreak
of that virus that leads either to a complete or partial closure of
their school or to their parents or guardians reasonably concluding
that school attendance would subject those pupils to a heightened
danger of being stricken with that virus.