BILL NUMBER: AB 637 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Knight
FEBRUARY 16, 2011
An act to add and repeal Article 3.5 (commencing with Section
33355) of Chapter 3 of Part 20 of Division 2 of Title 2 of the
Education Code, relating to school choice.
LEGISLATIVE COUNSEL'S DIGEST
AB 637, as introduced, Knight. School choice: G.I. Jr. Grant
Program.
(1) Existing law establishes the system of public elementary and
secondary schools in this state, and provides for the establishment
of the local educational agencies, including school districts and
county offices of education, that establish and operate the schools
and provide instruction to pupils throughout the state. Numerous
private elementary and secondary schools also provide instruction to
pupils throughout the state.
This bill would establish the G.I. Jr. Grant Program, under which,
beginning with the 2012-13 school year, a parent or legal guardian
of a qualifying pupil, who completes an application for a grant under
this bill, would receive a grant that is redeemable to pay tuition
and fees at a qualifying grant school. The bill would define a
qualifying pupil as a California resident who is under 22 years of
age and has not graduated from high school or obtained a general
equivalency diploma, has enrolled as a full-time pupil at a grant
school, as defined, and is the natural or adopted child of a person
who is or was a member of the United States Armed Forces, including a
member of the California National Guard or a member of the reserves
of any branch of the United States Armed Forces, and who is currently
on active duty, or who was on federal active duty, at any time after
January 1, 1995.
The bill would define a grant school as a nonsectarian,
nondenominational private school that chooses to participate in the
G.I. Jr. Grant Program, and that files a notice of intent to
participate with the State Department of Education. The bill would
establish the G.I. Jr. Grant Fund, to be administered by the State
Department of Education. The department would pay, from the fund, the
grants, in an annual amount of $5,000 per pupil, as annually
adjusted as prescribed, or the total amount of tuition and fees
charged by the grant school, whichever is less.
The bill would specify unauthorized behavior with respect to the
use of grant certificates or grant moneys that would constitute a
misdemeanor. Because this bill would create new crimes, the bill
would impose a state-mandated local program.
These provisions would become inoperative on July 1, 2017, and
would be repealed on January 1, 2018.
(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 no reimbursement is required by this
act for a specified reason.
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. The Legislature finds and declares all of the
following:
(a) There is a crisis in elementary and secondary education in
this country. Many schoolchildren, particularly those whose parents
are poor, are performing significantly below national standards.
Other children are dropping out of school before completing the
ordinary course of secondary education. Substantial numbers of young
people are leaving school without the basic skills and knowledge that
will enable them to find and hold a job or otherwise function as
productive citizens.
(b) The freedom of parents to choose schools for their children
that are acceptable to their personal educational convictions is an
inherent and inalienable personal right under the state and federal
constitutions. The current system of school finance limits parents'
freedom to select schools that they believe can provide their
children with a quality education.
(c) Allowing parents to choose schools, public as well as private,
for their children will promote a healthy competition among schools
and empower parents to influence educational policies and procedures,
leading to better quality education. Competition can also lead to
lower costs as waste and unnecessary expenditures of public moneys
are no longer tolerated.
(d) Article 3.5 (commencing with Section 33355) of Chapter 3 of
Part 20 of Division 2 of Title 2 of the Education Code, as enacted by
Section 2 of this act, is in the public interest and for the public
benefit, and serves a secular public purpose.
SEC. 2. Article 3.5 (commencing with Section 33355) is added to
Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code,
to read:
Article 3.5. G.I. Jr. Grant Program
33355. (a) The G.I. Jr. Grant Program is hereby established under
which a parent of a qualifying pupil who completes an application
for a grant under this article shall receive a grant that is to be
redeemed at the grant school in which the qualifying pupil enrolls
and applied toward payment of the tuition and fees payable for the
educational and related services provided to the qualifying pupil by
that grant school.
(b) Notwithstanding any other provision of law, a grant provided
under this article constitutes a grant of aid to a qualifying pupil
through the qualifying pupil's parent and is not a grant to the grant
school in which the qualifying pupil is enrolled. The grant does not
constitute taxable income to the parent or the qualifying pupil.
(c) A qualifying pupil shall not receive a grant for any portion
of a school year in which the qualifying pupil is enrolled in a
private school that does not redeem grants under this article.
(d) A parent is free to choose any grant school for enrollment of
the qualifying pupil, and that choice or selection is not, and shall
not be deemed, a decision or act of this state or any of its
political subdivisions.
33355.3. As used in this article:
(a) "Department" means the State Department of Education.
(b) "Grant" means a grant of aid made under this article to a
qualifying pupil, through the qualifying pupil's parent, to be used
by and for the benefit of the pupil as provided in this article.
(c) "Grant school" means a nonsectarian, nondenominational private
school, that maintains one or more grade levels from kindergarten to
grade 12, inclusive, and that elects to, and is entitled to,
participate in and redeem grants pursuant to this article.
(d) "Parent" means a resident of this state who is the natural or
adopted parent or the legal guardian of a qualifying pupil.
(e) "Qualifying pupil" means a pupil who is eligible to receive a
grant under this article.
33355.5. (a) A pupil is eligible to receive a grant under this
article if, during the school year in which the grant is to be
effective, the pupil meets all of the following conditions:
(1) Is a California resident within the meaning of Section 68017.
(2) Is under 22 years of age, and has neither graduated from high
school nor obtained a general equivalency diploma.
(3) Enrolls as a full-time pupil in a grant school at a grade
level in which all qualifying pupils in that grade are entitled to
receive a grant pursuant to this article.
(4) Is the natural or adopted child of a person who is or was a
member of the United States Armed Forces, including a member of the
California National Guard or a member of the reserves of any branch
of the United States Armed Forces, and who is currently on federal
active duty or who was on federal active duty at any time after
January 1, 1995.
(b) A qualifying pupil who receives a grant pursuant to this
article shall continue to receive a grant each year if the qualifying
pupil completed all necessary coursework to be promoted to at least
the next grade level in the grant school, the qualifying pupil is in
good academic standing with the grant school, and the parent
completes all applications required by the grant school and the
department.
(c) Beginning with the 2012-13 school year, each qualifying pupil
is entitled to receive a grant pursuant to this article.
33355.7. (a) A nonsectarian, nondenominational private school
that maintains any grade in which an enrolled qualifying pupil is
entitled to receive a grant pursuant to this article shall opt each
school year to either participate or not participate in the grant
program established under this article. A school that wishes to
participate in the program as a grant school shall complete a notice
of intent to participate, and file it with the department, by
February 15 of each calendar year for inclusion in the program for
the following school year.
(b) (1) A private school that participates in the grant program,
and that is entitled to redeem a grant for a qualifying pupil who
enrolls in that grant school, is not required to accept the grant as
full payment for the educational and related services that the school
provides to that qualifying pupil, and may charge the qualifying
pupil an additional amount representing the balance of the tuition
and fees that remains payable after crediting the qualifying pupil
with the amount of the grant received by the qualifying pupil under
this article.
(2) A private school that redeems grants under this act shall use
the grant proceeds solely to provide educational goods, services,
and facilities for its qualifying pupils and is not entitled to
receive, for redeeming a grant, any amount in excess of the tuition
and fees customarily charged by the school to cover the cost of
providing those educational goods, services, and facilities.
(c) Each grant school shall do all of the following:
(1) Ensure the eligibility of each applicant for a grant issued
pursuant to this article.
(2) On or before August 1 of each year, submit a list of
qualifying pupils and the contact information of each parent of a
qualifying pupil accepted into the school for that school year to the
department.
(3) Submit a list of qualifying pupils enrolled in and attending
the school with a grant as of the date of the report to the
department on August 15, October 15, January 15, and April 15 of each
school year. The report shall constitute the base pupil level of
qualifying pupils. The base pupil level shall accurately reflect the
number of qualifying pupils enrolled in and attending the grant
school.
(4) Annually meet at least one of the following standards:
(A) At least 70 percent of the qualifying pupils in the program at
the school advance at least one grade level each year.
(B) The grant school's average daily attendance rate for the
pupils in the program is at least 90 percent.
(C) At least 80 percent of the qualifying pupils in the program at
the school demonstrate significant academic progress, measured by
criteria established by the grant school including, but not
necessarily limited to, a nationally standardized norm-referenced
achievement test.
(D) At least 70 percent of the families of qualifying pupils in
the program at the school meet the parental involvement criteria
established by the grant school.
(5) Provide test results to the parent of each pupil if the school
administers a nationally standardized norm-referenced achievement
test.
33356. (a) On or before March 31, 2012, and each March 31
thereafter, the department shall issue a press release, and shall
publish on its Internet Web site, a list of all grant schools in the
state that will redeem grants under this article for the school year
that begins in that calendar year. Each school on the list shall be
identified by at least contact information and by the grade level or
levels for which the grant school will redeem grants for that school
year.
(b) A parent who wishes to enroll a qualifying pupil in a grant
school for any school year on a grant that is to be issued under this
article shall complete and submit, not later than June 15 of the
calendar year in which the school year that the grant is to be
effective, an application to the grant school on a form provided by
the school. The application shall be filed at the same time that the
parent submits the application for a grant to the department pursuant
to subdivision (c). Within 45 calendar days after receiving the
application, the grant school shall notify the applicant, in writing,
whether the application has been accepted. If the grant school
rejects an applicant, the qualifying pupil may use the grant to apply
for enrollment before June 15 of each year to another participating
grant school that has space available.
(c) A parent who wishes to enroll a qualifying pupil in a grant
school shall submit an application for a grant to the department. The
department shall develop the form of application for a grant, and
shall publish the form on its Internet Web site in a format that may
be downloaded by pupils or parents who request the form. The grant
form shall provide for identification of a qualifying pupil by at
least the pupil's name, date of birth, address, school district of
residence, school and grade of current enrollment, grant school to
which application for admission under a grant is being made, and
grade of school in which the grant applied for is to be effective.
33356.3. (a) A grant issued under this article for the benefit of
a qualifying pupil in the 2012-13 school year shall have a value
equal to five thousand dollars ($5,000), or the total amount of
tuition and fees charged by the grant school, whichever is less.
(b) Commencing with the 2013-14 school year, the grant value shall
be annually adjusted to reflect the percentage increase, if any,
from the prior fiscal year in the amount appropriated from the
General Fund in the annual Budget Act to meet the minimum
constitutional funding guarantee under Section 8 of Article XVI of
the California Constitution.
33356.5. (a) The moneys to pay a grant that is issued for the
benefit of a qualifying pupil, and that is to be effective during the
school year with respect to which those moneys are paid, shall be
distributed by the department immediately on receipt of proof of the
pupil's enrollment in the grant school during a school year and in
the form of a grant to the parent. The parent shall restrictively
endorse the grant for the use of the grant school, and surrender the
grant to the grant school. The grant school shall immediately credit
the account of the parent of the qualifying pupil, and apply the
grant for the benefit of the qualifying pupil in payment of the
tuition and fees due from, or the costs of providing educational and
related services to, that pupil.
(b) The department shall annually make four payments to a grant
school based on the base pupil level calculated pursuant to paragraph
(3) of subdivision (c) of Section 33355.7. The payments shall be
issued to the grant schools on September 1, November 1, February 1,
and May l of each school year.
(c) Notwithstanding any other provision of this article, if a
qualifying pupil transfers from a grant school to another school
during the school year in which a grant issued for the benefit of
that pupil is effective, the grant school from which the pupil
transfers shall do both of the following:
(1) Provide written notice of the transfer, within 10 days after
the transfer occurs, to the department.
(2) Return to the department, to be held in trust and maintained
by the department in the name of the transferring pupil's parent for
the benefit of that pupil, any grant moneys already paid or
distributed to the grant school under subdivision (a) for the benefit
of that pupil for that school year, and not yet due or earned as
tuition and fees or as the cost of providing educational and related
services for that pupil for that school year.
33356.7. (a) The G.I. Jr. Grant Fund is hereby established.
Moneys shall be deposited in the fund pursuant to an appropriation in
the annual Budget Act or another measure. The department shall
administer the fund. Moneys deposited in the fund are for the purpose
of making G.I. Jr. grants pursuant to this article.
(b) The department may use up to 1 percent of the annual
appropriation for payment of the costs and expenses that are incurred
by the department in performing its duties and responsibilities
under this article.
33357. A person who does any of the following is guilty of a
misdemeanor:
(a) Uses or attempts to use a grant or certificate of grant for
any purpose other than those permitted by this article.
(b) With intent to defraud, knowingly forges, alters, or
misrepresents information on a grant or certificate of grant or on
any documents submitted in an application for a grant.
(c) Issues or delivers any grant, certificate of grant, or other
grant-related document knowing it has been forged, altered, or based
on misrepresentation.
(d) Possesses, with intent to issue or deliver, any grant,
certificate of grant, or other grant-related document knowing it has
been forged, altered, or based on misrepresentation.
33357.3. (a) In any legal proceeding challenging the application
of this article to a private school, the state bears the burden of
establishing that the law is necessary and does not impose any undue
burden on private schools.
(b) A nonsectarian, nondenominational private school shall not be
required to alter its philosophy, practices, or curriculum in order
to redeem grants issued pursuant to this article or in order to
participate as a grant school.
33357.5. This article shall become inoperative on July 1, 2017,
and, as of January 1, 2018, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2018, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.