Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2020


Introduced by Assembly Member Buchanan

February 20, 2014


An act to amendbegin delete Section 1171 of the Labor Code, relating to employmentend deletebegin insert Sections 51850 and 51851 of the Education Code, relating to pupil instructionend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2020, as amended, Buchanan. begin deleteEmployees: regulation and supervision. end deletebegin insertPupil instruction: driver training and education: charter schools.end insert

begin insert

Existing law authorizes the governing board of a school district maintaining a high school or high schools, a county superintendent of schools, and the Division of Juvenile Justice, and the State Department of Education in providing programs of high school education, to prescribe regulations determining who can profit by and who shall receive instruction in automobile driver training and prohibits a pupil from being permitted to enroll in automobile driver training unless the pupil is presently enrolled in a course of instruction in automobile driver education, or has satisfactorily completed the course.

end insert
begin insert

This bill would also authorize the governing body of a charter school that serves pupils in grades 9 to 12, inclusive, to prescribe regulations determining who can profit by and who shall receive instruction in automobile training courses, as specified.

end insert
begin insert

Existing law requires a course of instruction in automobile driver education to meet specified requirements, including provide the opportunity for pupils to take driver education within the regular schoolday, and within the regular academic year, as defined.

end insert
begin insert

This bill would specify that those pupils may include pupils attending charter schools that serve pupils in grades 9 to 12, inclusive. The bill would also delete certain cross-references and make other nonsubstantive changes.

end insert
begin delete

Existing law regulates the wages, hours, and working conditions of employees with specified exceptions.

end delete
begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 51850 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

51850.  

The governing board of a school district maintaining
4a high school or high schools,begin insert the governing body of a charter
5school that serves pupils in grades 9 to 12, inclusive,end insert
a county
6superintendent of schools, and thebegin delete California Youth Authorityend delete
7begin insert Division of Juvenile Justice,end insert andbegin delete State Department of Educationend delete
8begin insert the departmentend insert in providing programs of high school education,
9may prescribe regulations determining who can profit by and who
10shall receive instruction in automobile driver training; provided,
11however, that no pupil shall be permitted to enroll in automobile
12driver training unlessbegin delete suchend deletebegin insert theend insert pupil is presently enrolled in a
13course of instruction in automobile driver education, or has
14satisfactorily completedbegin delete suchend deletebegin insert theend insert course. The regulations shall be
15subject tobegin delete suchend delete standards for driver education and driver training
16begin delete asend deletebegin insert thatend insert may be prescribed by thebegin delete State Board of Educationend deletebegin insert state
17boardend insert
. Where driver training is provided,begin delete suchend deletebegin insert theend insert course of
18instruction shall be given in one or more of the grades 9, 10, 11,
19or 12. Pupils shall be at least 15 years and six months of age at the
20time of completion of a driver training course.

21begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 51851 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
22read:end insert

23

51851.  

A course of instruction in automobile driver education
24shall meet all of the following:

25(a) Be of at least 212 semester periods and shall be taught by a
26qualified instructor.

P3    1(b) Provide the opportunity for pupilsbegin insert, which may include pupils
2attending charter schools that serve pupils in grades 9 to 12,
3inclusive,end insert
to take driver education within the regular schoolday,
4and within the regular academic year, as defined in Section 37250.
5Additional classes may be offered at the discretion of the local
6school district governing board, the county superintendent of
7schools,begin delete California Youth Authority, andend deletebegin insert the Division of Juvenile
8Justice,end insert
thebegin delete State Department of Education,end deletebegin insert departmentend insertbegin insert, and the
9governing body of a charter school that serves pupils in grades 9
10to 12, inclusive,end insert
to accommodate the pupils who have failed or
11who cannot otherwise enroll in the regular schoolday program.
12For purposes of this section, the regular schoolday shall be that
13time during which classes are maintained in the courses of
14 instruction provided for in Chapter 1 (commencing with Section
1551000), Chapter 2 (commencing with Section 51200),begin delete Article 1
16(commencing with Section 51500), Article 2 (commencing with
17Section 51510), Article 3 (commencing with Section 51520), and
18Article 4 (commencing with Section 51530) of Chapter 4,end delete
and
19Chapter 5.6 (commencing with Section 51930) of this part, and
20Chapter 2 (commencing with Section 58400) of Part 31.

21(c) Be completed by the pupil within the academic year or
22summer session in which it was begun.

begin delete
23

SECTION 1.  

Section 1171 of the Labor Code is amended to
24read:

25

1171.  

The provisions of this chapter shall apply to and include
26men, women, and minors employed in any occupation, trade, or
27industry, whether compensation is measured by time, piece, or
28otherwise, but shall not include an individual employed as an
29outside salesperson or an individual participating in a national
30service program carried out using assistance provided under Section
3112571 of Title 42 of the United States Code.

32An individual participating in a national service program
33pursuant to Section 12571 of Title 42 of the United States Code
34shall be informed by the nonprofit, educational institution or other
35entity using his or her service, prior to the commencement of
36service of the requirement, if any, to work hours in excess of eight
37hours per day, or 40 hours per week, or both, and shall have the
38opportunity to opt out of that national service program at that time.
39Individuals participating in a national service program pursuant
40to Section 12571 of Title 42 of the United States Code shall not
P4    1be discriminated against or be denied continued participation in
2the program for refusing to work overtime for a legitimate reason.

end delete


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