Amended in Senate June 12, 2014

Amended in Assembly May 27, 2014

Amended in Assembly March 27, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2684

Introduced by Assembly Member Stone

(Coauthors: Assembly Members Cooley and Fong)

(Coauthor: Senator Evans)

February 21, 2014

An act to begin delete add Section 1120.5 to the Fish and Game Code, relating to fish. end delete begin insert amend Sections 46300 and 48205 of the Education Code, relating to pupil attendance, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2684, as amended, Stone. begin delete Hatchery practices: salmon and steelhead. end delete begin insert Pupil attendance: service on precinct board. end insert

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Existing law authorizes a pupil to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. Existing law provides that excused absence for those specified reasons are, nevertheless, absences for the purpose of computing average daily attendance and do not generate state apportionment payments. Existing law also requires that the attendance of pupils participating in independent study for 5 or more consecutive days, as specified, be included in computing the average daily attendance of the school district.

end insert begin insert

This bill would specify that, for the purpose of computing average daily attendance for pupils in independent study, a pupil serving as a member of a precinct board for an election shall not be required to participate in that activity for 5 or more consecutive days if specified requirements are met, and would specify that an absence for those reasons shall not be considered an absence for purposes of generating state apportionment payments.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

Existing law requires the Fish and Game Commission to establish fish hatcheries for stocking the waters of California with fish and requires the Department of Fish and Wildlife to maintain and operate such hatcheries. Existing law also authorizes county boards of supervisors to establish and maintain fish hatcheries and authorizes the commission to issue permits to nonprofit organizations to construct and operate anadromous fish hatcheries.

end delete begin delete

This bill would require the department to implement specified policies and practices for hatchery chinook salmon reared or released in California waters, including a requirement that hatchery chinook salmon released in California waters be externally marked on the top fin in a percentage to be determined by the department and that hatchery chinook salmon be coded-wire tagged in a percentage to be determined by the department prior to their release. The bill would provide that any contract between the department and an entity responsible for funding a mitigation hatchery operated by the department shall require the responsible entity to pay the costs of coded-wire tagging hatchery chinook salmon to the extent the payment is consistent with the federal license requiring the responsible entity to fund the operation of the mitigation hatchery.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 46300 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

46300.  

(a) In computing average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities
required of those pupils and under the immediate supervision and
control of an employee of the begin insert school end insert district or county office begin insert of
education end insert who possessed a valid certification document, registered
as required by law.

(b) (1) For purposes of a work experience education program
in a secondary school that meets the standards of the California
State Plan for Career Technical Education, “immediate
supervision,” in the context of off-campus work training stations,
means pupil participation in on-the-job training as outlined under
a training agreement, coordinated by the school district under a
state-approved plan, wherein the employer and certificated school
personnel share the responsibility for on-the-job supervision.

(2) The pupil-teacher ratio in a work experience program shall
not exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant
to Article 3 (commencing with Section 33050) of Chapter 1 of
Part 20 of Division 2 under criteria developed by the state board.

(3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day,
and shall be a full-time pupil enrolled in regular classes that meet
the requirements of Section 46141 or 46144.

(c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, “immediate supervision” means that the person to
whom the pupil is required to report for training, counseling,
tutoring, or other prescribed activity shares the responsibility for
the supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.

(2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.

(d) (1) For purposes of computing the average daily attendance
of pupils engaged in the educational activities required of high
school pupils who are also enrolled in a regional occupational
center or regional occupational program, the school district shall
receive proportional average daily attendance credit for those
educational activities that are less than the minimum schoolday,
pursuant to regulations adopted by the state board; however, none
of that attendance shall be counted for purposes of computing
attendance pursuant to Section 52324.

(2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.

(3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant
to Section 52316, the divisor is 180.

(4) Notwithstanding any other begin delete provision of end delete law, travel time of
pupils to attend a regional occupational center or regional
occupational program shall not be used in any manner in the
computation of average daily attendance.

(e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article
5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for
five or more consecutive schooldays.

(2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.

begin insert

(3) For purposes of this subdivision, a pupil serving as a member
of a precinct board for an election pursuant to Section 12302 of
the Elections Code consistent with subdivision (a) of Section 51745
shall not be required to participate in that activity for five or more
consecutive schooldays if the pupil absent from school under this
paragraph is required to do both of the following:

end insert begin insert

(A) Complete all assignments and tests missed during the
absence. The teacher of any class from which a pupil is absent
shall ensure that the assignments and tests are reasonably
equivalent, but not necessarily identical, to the assignments and
tests that the pupil missed during the absence.

end insert begin insert

(B) Complete a report or written assignment on the subject of
the activities engaged in by the pupil while serving as a member
of a precinct board for an election pursuant to Section 12302 of
the Elections Code. The teacher of any class from which a pupil
is absent shall ensure that the report or written assignment is
submitted within a reasonable time after the activities are
completed.

end insert

(f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
“immediate supervision” means pupil participation in paid and
unpaid on-the-job experiences, as outlined under a training
agreement and individualized training plans wherein the supervisor
of the training site and certificated school personnel share the
responsibility for the supervision of on-the-job experiences.

(g) (1) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the
following conditions is met:

(A) The school district has on file for each of those pupils an
agreement made pursuant to Section 48011, approved in form and
content by the department and signed by the pupil’s parent or
guardian, that the pupil may continue in kindergarten for not more
than one additional school year.

(B) The pupils participated in a transitional kindergarten
program pursuant to subdivision (c) of Section 48000.

(2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 48205 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48205.  

(a) Notwithstanding Section 48200, a pupil shall be
excused from school when the absence is:

(1) Due to his or her illness.

(2) Due to quarantine under the direction of a county or city
health officer.

(3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.

(4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.

(5) For the purpose of jury duty in the manner provided for by
law.

(6) Due to the illness or medical appointment during school
hours of a child of whom the pupil is the custodial parent.

(7) For justifiable personal reasons, including, but not limited
to, an appearance in court, attendance at a funeral service,
observance of a holiday or ceremony of his or her religion,
attendance at religious retreats, attendance at an employment
conference, or attendance at an educational conference on the
legislative or judicial process offered by a nonprofit organization
when the pupil’s absence is requested in writing by the parent or
guardian and approved by the principal or a designated
representative pursuant to uniform standards established by the
governing board.

(8) For the purpose of serving as a member of a precinct board
for an election pursuant to Section 12302 of the Elections Code.

(9) For the purpose of spending time with a member of the
pupil’s immediate family, who is an active duty member of the
uniformed services, as defined in Section 49701, and has been
called to duty for, is on leave from, or has immediately returned
from, deployment to a combat zone or combat support position.
Absences granted pursuant to this paragraph shall be granted for
a period of time to be determined at the discretion of the
superintendent of the school district.

(b) A pupil absent from school under this section shall be
allowed to complete all assignments and tests missed during the
absence that can be reasonably provided and, upon satisfactory
completion within a reasonable period of time, shall be given full
credit therefor. The teacher of the class from which a pupil is absent
shall determine which tests and assignments shall be reasonably
equivalent to, but not necessarily identical to, the tests and
assignments that the pupil missed during the absence.

(c) For purposes of this section, attendance at religious retreats
shall not exceed four hours per semester.

(d) Absences pursuant to this section are deemed to be absences
in computing average daily attendance and shall not generate state
apportionment begin delete payments. end delete begin insert payments, except for a pupil serving as
a member of a precinct board for an election in accordance with
paragraph (3) of subdivision (e) of Section 46300. end insert

(e) “Immediate family,” as used in this section, has the same
meaning as set forth in Section 45194, except that references
begin delete therein end delete begin insert in that section end insert to “employee” shall be deemed to be
references to “pupil.”

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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:

end insert begin insert

In order for the changes proposed by this act to take effect in
time for pupils to participate in the November 4, 2014, statewide
general election, it is necessary that this act take effect
immediately.

end insert

begin delete

SECTION 1.  

Section 1120.5 is added to the Fish and Game
Code, to read:

1120.5.  

(a) The department shall implement policies and
practices for hatchery chinook salmon reared or released in
California waters by adopting all of the following:

(1) Hatchery practices that improve the survival and fitness of
the hatchery population.

(2) Hatchery practices that reduce the genetic and ecological
risks posed by hatchery juveniles and adults to wild and native
populations.

(3) A requirement that hatchery chinook salmon released in
California waters be externally marked on the top fin in a
percentage to be determined by the department and that hatchery
chinook salmon be coded-wire tagged in a percentage to be
determined by the department prior to their release.

(b) Any contract between the department and an entity
responsible for funding a mitigation hatchery operated by the
department shall require the responsible entity to pay the costs
incurred pursuant to paragraph (3) of subdivision (a) to the extent
the payment is consistent with the federal license requiring the
responsible entity to fund the operation of the mitigation hatchery.

end delete