BILL NUMBER: AB 1368	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 18, 2011

   An act to  amend Section 48070 of   add
Section 48071 to  the Education Code, relating to pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1368, as amended, Pan.  Pupil promotion and retention.
  Pupils: California Healthy Kids Survey.  
   Existing law requires the Commission on Teacher Credentialing, the
State Board of Education, and the State Department of Education to
provide to the State Chief Information Officer the individual
nonpersonally identifiable or aggregate data related to, among other
things, pupil assessment and accountability, including, but not
limited to, data generated from, or related to, adequate yearly
progress, graduation rates, pupils who drop out of school, and
demographics of pupils and teachers.  
   Existing law requires the Superintendent of Public Instruction, on
or before August 1, 2011, and annually thereafter, to submit to the
Governor, the Legislature, and the State Board of Education a report
called the Annual Report on Dropouts in California. Existing law
requires the report to include specified information and authorizes
the report to include relevant data on school climate and pupil
engagement from the California Healthy Kids Survey.  
   This bill would require a school district to administer the
California Healthy Kids Survey to pupils in grades 5, 7, 9, and 11,
and would require a school district to comply with specified parent
and guardian notification and consent provisions prior to
administering the survey, thereby imposing a state-mandated local
program.  
   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.  
   Existing law requires the governing board of each school district
and each county superintendent of schools to adopt policies regarding
pupil promotion and retention and requires a pupil to be promoted or
retained only as provided in the policies adopted pursuant to
specified law.  
   This bill would make technical, nonsubstantive changes to those
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.    Section 48071 is added to the 
 Education Code   , to read:  
   48071.  (a) Except as provided for in subdivision (b), a school
district shall administer the California Healthy Kids Survey to
pupils in grades 5, 7, 9, and 11.
   (b) Prior to administering the California Healthy Kids Survey, a
school district shall comply with the parent and guardian
notification and consent provisions contained in Section 51513 and
subdivision (b) of Section 51938. 
   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.    Section 48070 of the Education Code
is amended to read:
   48070.  The governing board of each school district, and each
county superintendent of schools, shall adopt policies regarding
pupil promotion and retention. A pupil shall not be promoted or
retained except as provided for in the policies adopted pursuant to
this article.