BILL NUMBER: SB 416 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN ASSEMBLY JUNE 11, 2015
AMENDED IN SENATE APRIL 20, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Huff
FEBRUARY 25, 2015
An act to amend Sections 35186, 39820, 41422, 46392, 47634.4,
52240, 52242, 52386, 52920, and 52922 of, to repeal
Sections 37611.5, 41301.5, 45023.1, 45023.4, 52241, 52243,
52384, 52387, 52388, 52389, 52391, 52921, and 60118 of, to
repeal Article 9 (commencing with Section 1780) of Chapter 6 of Part
2 of Division 1 of Title 1 of, to repeal Article 10 (commencing with
Section 1790) of Chapter 6 of Part 2 of Division 1 of Title 1 of, to
repeal Article 4 (commencing with Section 8080) of Chapter 1 of Part
6 of Division 1 of Title 1 of, to repeal Chapter 5.1 (commencing with
Section 8820) of Part 6 of Division 1 of Title 1 of, to repeal
Chapter 9 (commencing with Section 8980) of Part 6 of Division 1 of
Title 1 of, to repeal Part 10.7 (commencing with Section 17910) of
Division 1 of Title 1 of, to repeal Article 3.6 (commencing with
Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of,
to repeal Article 10.4 (commencing with Section 35294.10) of Chapter
2 of Part 21 of Division 3 of Title 2 of, to repeal Article 4
(commencing with Section 37252) of Chapter 2 of Part 22 of Division 3
of Title 2 of, to repeal Chapter 12 (commencing with Section
43001.5) of Part 24 of Division 3 of Title 2 of, to repeal Article 7
(commencing with Section 44570) of Chapter 3 of Part 25 of Division 3
of Title 2 of, to repeal Chapter 3.25 (commencing with Section
44695) of Part 25 of Division 3 of Title 2 of, to repeal Chapter 3.34
(commencing with Section 44730) of Part 25 of Division 3 of Title 2
of, to repeal Chapter 3.8 (commencing with Section 44740) of Part 25
of Division 3 of Title 2 of, to repeal Chapter 3.5 (commencing with
Section 44760) of Part 25 of Division 3 of Title 2 of, to repeal
Article 15 (commencing with Section 51870) of Chapter 5 of Part 28 of
Division 4 of Title 2 of, to repeal Article 1 (commencing with
Section 52130) of Chapter 7 of Part 28 of Division 4 of Title 2 of,
to repeal Article 2 (commencing with Section 52340) of Chapter 9 of
Part 28 of Division 4 of Title 2 of, to repeal Article 3 (commencing
with Section 52350) of Chapter 9 of Part 28 of Division 4 of Title 2
of, to repeal Article 5 (commencing with Section 52381) of
Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal
Article 9 (commencing with Section 52485) of Chapter 9 of Part 28 of
Division 4 of Title 2 of, to repeal Chapter 17 (commencing with
Section 53080) of Part 28 of Division 4 of Title 2 of, to repeal
Chapter 3 (commencing with Section 54300) of Part 29 of Division 4 of
Title 2 of, and to repeal Chapter 3.1 (commencing with Section
58520) of Part 31 of Division 4 of Title 2 of, the Education Code,
relating to public schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 416, as amended, Huff. Public schools: elementary and secondary
education.
Existing law establishes a system of public elementary and
secondary education in this state, and authorizes local educational
agencies throughout the state to provide instruction to pupils.
This bill would revise and recast various provisions relating to
elementary and secondary education, including, among others,
repealing specified funding programs, revising the uniform complaint
process, removing specified prohibitions on which funding programs a
charter school can apply to, and expanding the financial assistance a
school district can provide to pupils taking advanced placement and
International Baccalaureate Diploma Program examinations and tests.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 9 (commencing with Section 1780) of Chapter 6
of Part 2 of Division 1 of Title 1 of the Education Code is repealed.
SEC. 2. Article 10 (commencing with Section 1790) of Chapter 6 of
Part 2 of Division 1 of Title 1 of the Education Code is repealed.
SEC. 3. Article 4 (commencing with Section 8080) of Chapter 1 of
Part 6 of Division 1 of Title 1 of the Education Code is repealed.
SEC. 4. Chapter 5.1 (commencing with Section 8820) of Part 6 of
Division 1 of Title 1 of the Education Code is repealed.
SEC. 5. Chapter 9 (commencing with Section 8980) of Part 6 of
Division 1 of Title 1 of the Education Code is repealed.
SEC. 6. Part 10.7 (commencing with Section 17910) of Division 1 of
Title 1 of the Education Code is repealed.
SEC. 7. Article 3.6 (commencing with Section 32228) of Chapter 2
of Part 19 of Division 1 of Title 1 of the Education Code is
repealed.
SEC. 8. Section 35186 of the Education Code is amended to read:
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations, with modifications, as necessary, to help identify and
resolve any deficiencies related to instructional materials,
emergency or urgent facilities conditions that pose a threat to the
health and safety of pupils or staff, and teacher vacancy or
misassignment.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) A complaint shall be filed with the principal of the school or
his or her designee. A complaint about problems beyond the authority
of the school principal shall be forwarded in a timely manner but
not to exceed 10 working days to the appropriate school district
official for resolution.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board of
the school district. As to complaints involving a condition of a
facility that poses an emergency or urgent threat, as defined in
paragraph (1) of subdivision (c) of Section 17592.72, a complainant
who is not satisfied with the resolution proffered by the principal
or the designee of the district superintendent has the right to file
an appeal to the Superintendent, who shall provide a written report
to the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20 percent of
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
SEC. 9. Article 10.4 (commencing with Section 35294.10) of Chapter
2 of Part 21 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 10. Article 4 (commencing with Section 37252) of Chapter 2 of
Part 22 of Division 3 of Title 2 of the Education Code is repealed.
SEC. 11. Section 37611.5 of the Education Code is repealed.
SEC. 12. Section 39820 of the Education Code is amended to read:
39820. Notwithstanding any other law, the governing board of a
school district may provide for the transportation to and from public
school of pupils who have attained the age of three years and nine
months and are enrolled in classes established pursuant to Chapter
4.45 (commencing with Section 56440) of Part 30 of Division 4
whenever in the judgment of the governing board of a school district,
transportation is advisable and good reasons exist. A governing
board of a school district may allow for the transportation of
parents of pupils enrolled in these classes for the purpose of
accompanying their children to and from the attendance center
offering the early primary classes.
SEC. 13. Section 41301.5 of the Education Code is repealed.
SEC. 14. Section 41422 of the Education Code is amended to read:
41422. (a) A school district, county office of education, or
charter school that is prevented from maintaining its schools during
a fiscal year for at least 175 days or is required to operate
sessions of shorter length than otherwise prescribed by law because
of fire, flood, earthquake, or epidemic, or because of any order of
any military officer of the United States or of the state to meet an
emergency created by war, or of any civil officer of the United
States, of the state, or of any county, city and county, or city
authorized to issue that order to meet an emergency created by war,
or because of other extraordinary conditions, or because of inability
to secure or hold a teacher, or because of the illness of the
teacher, which fact shall be shown to the satisfaction of the
Superintendent by the affidavits of the members of the governing
board of the school district, the governing board of the county
office of education, or the governing board of the charter school and
of the county superintendent of schools, shall receive the same
apportionment from the State School Fund as it would have received
had it not been so prevented from maintaining school for at least 175
full-length days.
(b) This section shall also apply to school districts county
offices of education, or charter schools that, in the absence of one
or more of the conditions prescribed by this section, would have
qualified for funds pursuant to Sections 46200 to 46208, inclusive,
or Section 47612.5, as applicable.
SEC. 15. Chapter 12 (commencing with Section 43001.5) of Part 24
of Division 3 of Title 2 of the Education Code is repealed.
SEC. 16. Article 7 (commencing with Section 44570) of Chapter 3 of
Part 25 of Division 3 of Title 2 of the Education Code is repealed.
SEC. 17. Chapter 3.25 (commencing with Section 44695) of Part 25
of Division 3 of Title 2 of the Education Code is repealed.
SEC. 18. Chapter 3.34 (commencing with Section 44730) of Part 25
of Division 3 of Title 2 of the Education Code is repealed.
SEC. 19. Chapter 3.8 (commencing with Section 44740) of Part 25 of
Division 3 of Title 2 of the Education Code is repealed.
SEC. 20. Chapter 3.5 (commencing with Section 44760) of Part 25 of
Division 3 of Title 2 of the Education Code is repealed.
SEC. 21. Section 45023.1 of the Education Code is repealed.
SEC. 22. Section 45023.4 of the Education Code is repealed.
SEC. 23. Section 46392 of the Education Code is amended to read:
46392. (a) If the average daily attendance of a school district,
county office of education, or charter school during a fiscal year
has been materially decreased during a fiscal year because of any of
the following, the fact shall be established to the satisfaction of
the Superintendent by affidavits of the members of the governing
board of the school district, county office of education, or charter
school and the county superintendent of schools:
(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) Epidemic.
(5) Earthquake.
(6) The imminence of a major safety hazard as determined by the
local law enforcement agency.
(7) A strike involving transportation services to pupils provided
by a nonschool entity.
(8) An order provided for in Section 41422.
(b) In the event a state of emergency is declared by the Governor
in a county, a decrease in average daily attendance in the county
below the approximate total average daily attendance that would have
been credited to a school district, county office of education, or
charter school had the state of emergency not occurred shall be
deemed material. The Superintendent shall determine the length of the
period during which average daily attendance has been reduced by the
state of emergency. This period that is determined by the
Superintendent shall not extend into the next fiscal year following
the declaration of the state of emergency by the Governor, except
upon a showing by a school district, county office of education, or
charter school, to the satisfaction of the Superintendent, that
extending the period into the next fiscal year is essential to
alleviate continued reductions in average daily attendance
attributable to the state of emergency.
(c) The average daily attendance of the district, county office of
education, or charter school for the fiscal year shall be estimated
by the Superintendent in a manner that credits to the school
district, county office of education, or charter school for
determining the apportionments to be made to the school district,
county office of education, or charter school from the State School
Fund approximately the total average daily attendance that would have
been credited to the school district, county office of education, or
charter school had the emergency not occurred or had the order not
been issued.
(d) This section applies to any average daily attendance that
occurs during any part of a school year.
SEC. 24. Section 47634.4 of the Education Code is amended to read:
47634.4. (a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.
(b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may apply, in cooperation with
its chartering authority, for federal and state categorical programs
not specified in this section, but only to the extent it is eligible
for funding and meets the provisions of the program.
(c) Notwithstanding any other law, a charter school shall not
apply directly for categorical programs for which services are
exclusively or almost exclusively provided by a county office of
education.
(d) Consistent with subdivision (c), a charter school shall not
receive direct funding for any of the following county-administered
categorical programs:
(1) American Indian Education Centers.
(2) County Office Fiscal Crisis and Management Assistance Team.
(3) The K-12 High Speed Network.
(e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).
SEC. 25. Article 15 (commencing with Section 51870) of Chapter 5
of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 26. Article 1 (commencing with Section 52130) of Chapter 7 of
Part 28 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 27. Section 52240 of the Education Code is amended to read:
52240. (a) The Legislature hereby finds and declares all of the
following:
(1) Advanced placement courses, for which school credit is
awarded, provide rigorous academic coursework opportunities for high
school pupils and help to improve the overall curriculum at schools
where those courses are provided.
(2) The successful completion of advanced placement courses and
the subsequent advanced placement examinations, which are conducted
by the College Entrance Examination Board and for which college
credit is awarded, provide a cost-effective means for high school
pupils to obtain college-level coursework experience.
(3) To the extent economically disadvantaged pupils are provided
financial assistance to take advanced placement examinations, they
will be provided with successful college-level experience and be
encouraged to pursue postsecondary education opportunities.
(b) The Superintendent shall annually update the information on
advanced placement available on the department's Internet Web site to
include current information on the various means available to school
districts to offer or access advanced placement courses, including
online courses. The Superintendent shall annually communicate with
high schools that offer advanced placement courses in fewer than five
subjects, and inform them of the various options for making advanced
placement courses and other rigorous courses available to pupils who
may benefit from them.
SEC. 28. Section 52241 of the Education Code is repealed.
SEC. 29. Section 52242 of the Education Code is amended to read:
52242. A school district may help pay for all or part of the
costs of one or more advanced placement examinations that are charged
to economically disadvantaged pupils.
SEC. 30. Section 52243 of the Education Code is repealed.
SEC. 31. Article 2 (commencing with Section 52340) of Chapter 9 of
Part 28 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 32. Article 3 (commencing with Section 52350) of Chapter 9 of
Part 28 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 33. Article 5 (commencing with Section
52381) of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 33. Section 52384 of the Education
Code is repealed.
52384. Any program of summer career technical and technical
education established pursuant to this article shall be subject to
the prior approval of the State Department of Education, and no
average daily attendance of pupils in such a program shall be
credited to a district unless the program has been approved and is
conducted pursuant to the rules, regulations, and standards
prescribed by the department. School districts desiring to
participate under the provisions of this article shall submit to the
department applications which shall include plans for the
establishment of a summer career technical and technical education
program, and describing in detail its proposed content and operation.
SEC. 34. Section 52386 of the Education
Code is amended to read:
52386. Upon approval by the department, the
The governing board of any a
school district may contract with and receive and expend funds from
any other public or private agency, foundation, or corporation for
the purposes of this article. The governing board of any
a school district may cooperate with public and
private institutions of higher education in conducting programs
pursuant to this article.
SEC. 35. Section 52387 of the Education
Code is repealed.
52387. The governing board of a school district whose program has
been approved by the department, may, no more than 10 weeks prior to
the beginning of the program for the forthcoming summer, employ
sufficient staff to perform the administrative tasks necessary to
implement the program.
SEC. 36. Section 52388 of the Education
Code is repealed.
52388. The department shall adopt rules and regulations that are
necessary to implement the provisions of this article. The rules and
regulations shall include standards for the career technical and
technical education programs provided for under this article.
SEC. 37. Section 52389 of the Education
Code is repealed.
52389. The department in cooperation with the school districts
shall develop curriculums for purposes of this article.
SEC. 38. Section 52391 of the Education
Code is repealed.
52391. From funds appropriated by the Legislature for the
purposes of this article, a school district, upon the approval of the
department, shall be reimbursed for the current expense actually
incurred by the district per pupil in average daily attendance
participating in the program during the preceding fiscal year that is
in excess of the foundation program amount for the district during
such year for such pupil, plus any other state funds or federal funds
received, or to be received, for operation of the program.
SEC. 34. SEC. 39. Article 9
(commencing with Section 52485) of Chapter 9 of Part 28 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 35. SEC. 40. Section 52920 of
the Education Code is amended to read:
52920. (a) The Legislature hereby finds and declares that the
International Baccalaureate Diploma Program is a comprehensive and
rigorous two-year curriculum, leading to examinations for high school
pupils. Its objectives are to provide pupils with a balanced
education, to facilitate geographic and cultural mobility, and to
promote international understanding through a shared academic
experience. Successful International Baccalaureate Diploma candidates
pursue a specific, intensive, balanced liberal arts course of study
and must pass rigorous examinations in seven curricula areas.
Successful International Baccalaureate Diploma candidates are
typically granted substantial advanced placement credit at the finest
colleges and universities in the nation. The academic content and
rigor of the instruction and examinations in International
Baccalaureate Diploma Programs is governed and continuously monitored
by the International Baccalaureate Organization in Geneva,
Switzerland.
(b) It is the intent of the Legislature to encourage high schools
to offer the intensive, rigorous course of instruction leading to
International Baccalaureate Diplomas and to encourage pupils in these
schools to enroll in, attempt, and pass the rigorous International
Baccalaureate Diploma course of study and the rigorous examinations
leading to the International Baccalaureate Diploma.
(c) The Superintendent shall annually update information on the
International Baccalaureate Diploma Program available on the
department's Internet Web site. The Superintendent also shall provide
support to high schools that offer International Baccalaureate (IB)
courses to facilitate communication with the Academic Senate for the
California Community Colleges, the Academic Senate of the California
State University, and the Academic Senate of the University of
California about the rigor of those courses and to ensure that
college credit is given to pupils who participate so that they
benefit from successful efforts in IB programs.
SEC. 36. SEC. 41. Section 52921 of
the Education Code is repealed.
SEC. 37. SEC. 42. Section 52922 of
the Education Code is amended to read:
52922. A school district that offers an International
Baccalaureate Diploma Program may help pay the test fees for pupils
in need of financial assistance.
SEC. 38. SEC. 43. Chapter 17
(commencing with Section 53080) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 39. SEC. 44. Chapter 3
(commencing with Section 54300) of Part 29 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 40. SEC. 45. Chapter 3.1
(commencing with Section 58520) of Part 31 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 41. SEC. 46. Section 60118 of
the Education Code is repealed.
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