BILL NUMBER: AB 1226 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Huber
FEBRUARY 27, 2009
An act to amend Section 37254.1 of the Education Code,
relating to supplemental instruction. An act to amend
Sections 52517 and 78401 of the Education Code, relating to
education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1226, as amended, Huber. Supplemental instruction.
Workplace learning.
Existing law prohibits a high school or unified school district
from reporting for state apportionments average daily attendance in
classes that are not located in facilities clearly identified in a
manner and established by appropriate procedures to ensure that
attendance in the class is open to the general public, except as
specified.
This bill would allow a school district to report for state
apportionments average daily attendance in classes that are not open
to the general public if the classes are held in the workplace, are
intended primarily to help pupils with attainment of a General
Education Development (GED) credential or high school diploma, and
are offered by an employee of the district appropriately credentialed
for the course being offered. This bill would also authorize the
State Board of Education to adopt regulations necessary to enforce
these provisions.
Existing law authorizes the governing board of a community college
district to establish and maintain classes for adults also open to
any minors who, in the judgment of the governing board, may be
qualified for admission thereto.
This bill would provide, however, that when a class is held in the
workplace and is intended to assist pupils with attaining a GED
credential or high school diploma, admission to the class may be
limited to employees at the worksite.
Existing law requires the governing board of each school district
maintaining any or all of grades 2 to 9, inclusive, to offer, and
authorizes a charter school to offer, programs of direct, systematic,
and intensive supplemental instruction to pupils enrolled in grades
2 to 9, inclusive, who have been recommended for retention or who
have been retained, and authorizes a school district or charter
school to require a pupil who has been retained to participate in
supplemental instructional programs. Existing law authorizes the Long
Beach Unified School District or any other school district to
require pupils, who are identified pursuant to a policy adopted by
the governing board of the school district at a regularly scheduled
board meeting, to participate in those supplemental instructional
programs.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52517 of the
Education Code is amended to read:
52517. No high school or unified school district shall report for
state apportionments average daily attendance in classes: (1) if the
district receives full compensation for such class from any public
or private agency, individual or group of individuals, except fees
authorized by Section 52612; or (2) if such
52517. (a) A high school or unified school
district shall not report for state apportionments average daily
attendance in classes in any of the following circumstances:
(1) The district receives full compensation for the classes from
any public or private agency, individual, or group, except fees
authorized by Section 52612.
(2) The classes are not located
in facilities clearly identified in such a manner,
and established by appropriate procedures, to insure
ensure that attendance in such
the classes is open to the general public, except those
authorized pursuant to Section 52570 and those in state hospitals.
The State Board of Education may adopt such regulations as
may be necessary to enforce this section.
(b) Notwithstanding paragraph (2) of subdivision (a), a school
district may report for state apportionments average daily attendance
in classes that are not open to the general public if the classes
are held in the workplace, are intended primarily to help pupils with
attainment of a General Education Development (GED) credential or
high school diploma, and are offered by an employee of the district
appropriately credentialed for the course being offered.
(c) The state board may adopt regulations necessary to enforce
this section.
SEC. 2. Section 78401 of the Education
Code is amended to read:
78401. (a) The governing board of any a
community college district shall have power
may, with the approval of the board of governors
to , establish and maintain classes for adults
for the purpose of providing instruction in civic, vocational,
literacy, health, homemaking, technical and general education.
(b) Classes for adults shall conform to any course of study and
graduation requirements otherwise imposed by law or under the
authority of law.
(c) Classes for adults shall be open for the admission of adults
and of any minors who, in the judgment of the governing board, may be
qualified for admission thereto. However, when a class is held
in the workplace and is intended to assist pupils with
attaining a General Education Development (GED) credential
or high school diploma, admission to the class may be limited to
employees at the worksite.
(d) The board of governors shall establish standards, including
standards of attendance, curriculum, administration, and guidance and
counseling service for classes for adults as a basis for the several
apportionments of state funds provided herein for the support of
these classes.
(e) The governing board of any community college district
maintaining an adult school shall prescribe the requirements for the
granting of diplomas.
SECTION 1. Section 37254.1 of the Education
Code is amended to read:
37254.1. (a) Notwithstanding any other provision of law, a school
district may require pupils, identified pursuant to a policy adopted
by the governing board of the school district at a regularly
scheduled board meeting, to participate in any one of the following
programs:
(1) Supplemental instruction as described in Section 37252.
(2) Supplemental instruction as described in Section 37252.2.
(3) Supplemental instruction as described in Section 37252.8.
(4) Supplemental instruction as described in Section 37253.
(b) The school district shall provide a mechanism for a parent or
legal guardian to decline to enroll his or her child in a program.
(c) Attendance in a program is not compulsory within the meaning
of Section 48200.