December 31, 1997
This is the third in a series of Legislative Updates calling your attention to new legislation affecting school and community college districts. This summary covers Legislation pertaining to students. A subsequent update will deal with miscellaneous matter.
BILINGUAL EDUCATION: EBONICS
CHILDREN'S INTERNET PROTECTION ACT
CURRICULUM: STATE ADOPTION OF K-8 MATERIALS
HEALTHY START SUPPORT SERVICES
HIGH-RISK YOUTH EDUCATION AND PUBLIC SAFETY PROGRAM
SCHOOL ACCOUNTABILITY REPORT CARD: CONTENTS
SCHOOL ACCOUNTABILITY REPORT CARD: INTERNET ACCESS
STUDENT DISCIPLINE: TERRORIST THREATS
STUDENT EMPLOYMENT: BASEBALL
STUDENT EMPLOYMENT: ENTERTAINMENT
STUDENTS: APPEALS OF EXPULSIONS AND INTERDISTRICT ATTENDANCE AGREEMENTS
STUDENTS: STUDENT DISCIPLINE
BILINGUAL EDUCATION: EBONICS
Stats. 1997, Chapter 647 (AB 1206, Martinez)
Adds Education Code Section 30.5.
Existing law authorizes bilingual education.
The new law defines bilingual education as a system of instruction that builds upon the language skills of a pupil whose primary language is neither English nor derived from English and prohibits school districts from using state funds or resources, as part of a bilingual program, for the purpose of recognizing or instructing in any dialect, idiom, or language derived from English.
| Note: These summaries were prepared by Schools Legal Service, Bakersfield, California, and are being used with permission. |
BODY PIERCING
Stats. 1997, Chapter 741 (AB 99, Runner)
Amends Penal Code Section 19.8 and adds Section 652.
Existing law makes it a misdemeanor to tattoo or offer to tattoo a person under the age of 18.
The new law makes it an infraction to perform or offer to perform body piercing on a person under the age of 18, except in the presence of, or as directed by a notarized writing signed by, the parent or guardian.
CHILDREN'S INTERNET PROTECTION ACT
Stats. 1997, Chapter 86 (AB 132, Campbell)
Amends Education Code Section 48980.
1. The new law adds Education Code Section 51870.5. It provides: "A school district that provides pupils with access to the Internet or an on-line service shall adopt a policy regarding access by pupils to the Internet and on-line sites that contain and makes references to harmful matter" as defined by Penal Code Section 313(a) (which regulates obscenity).
2. The required notices which must be issued to parents and guardians at the beginning of the school year "shall include a copy of the written policy of the school district . . . regarding access by pupils to the Internet and on-line sites."
CURRICULUM: STATE ADOPTION OF K-8 MATERIALS
Stats. 1997, Chapter 251 (AB 1263, Poochigian)
Amends Education Code Sections 60200 and 60201.
Existing law requires the State Board of Education to adopt basic K-8 instructional materials. Materials are to be submitted to the Board at least every two years and remain on the list for a specified time.
The new law changes the procedure to provide that materials may be submitted not less than two times every six years in five listed categories (which now include reading), and not less than two times every eight years for other subjects. Curriculum frameworks must be reviewed and adopted consistent with these six- and eight-year cycles.
HEALTHY START SUPPORT SERVICES
Stats. 1997, Chapter 172 (AB 525, Aroner)
Amends Education Code Section 8804.
Existing law provides for the award of operational and start-up grants for Healthy Start support services. The new law extends the maximum period for operational grants to five years, permits recipients of operational grants to also receive start-up grants, and permits a local educational agency or consortium to receive a planning grant when it has submitted an application on behalf of a school that does not qualify for an operational grant, even if the applicant has previously received a grant, provided that grant was not for the school that is currently an applicant.
HIGH-RISK YOUTH EDUCATION AND PUBLIC SAFETY PROGRAM
Stats. 1997, Chapter 340 (SB 1095, Lockyer)
Adds Education Code Sections 47750 and following.
Existing law provides for various programs for at-risk students.
The new law establishes the High-Risk Youth Education and Public Safety Program to assist county offices of education and school districts to implement prevent and early intervention strategies for youth who are seriously at risk of becoming chronic, repeat offenders.
Note: this is an urgency statute.
IMMUNIZATIONS
Stats. 1997, Chapter 882 (AB 381, Takasugi).
Existing law requires that children be immunized against certain diseases prior to admission to school. Currently, immunization against Hepatitis B is required for all students entering schools at the kindergarten level, or below.
The new law would in addition require immunization against Hepatitis B for all students, unconditionally entering, or unconditionally advancing to, the seventh grate after July 1, 1999.
MEDI-CAL BENEFITS
Stats. 1997, Chapter 141 (AB 1294, Aguiar)
Amends Welfare and Institutions Code Section 14132.06.
Existing law includes specified local educational agency services within Medi-Cal coverage.
The new law adds "target case management services for children with an individualized health and support plan (IHSP) to the schedule of Medi-Cal benefits."
Note: this is an urgency statute.
MISCELLANEOUS PROVISIONS
Stats. 1997, Chapter 825 (AB 287, Honda)
Amends, repeals and adds various Education Code and Government Code Sections.
Annually, the California Department of Education recommends various changes to the Education Code, most of which are nonsubstantive in nature. Among the changes enacted this year are:
1. Waivers. The new law excludes, from the categories of provisions that can be waived by the State Board of Education, those provisions that relate to teacher credentialing.
2. Deferred Maintenance. Existing law requires the State Allocation Board to allocate Deferred Maintenance Funds on the basis of a percentage of a district's total expenditures for capital outlay. The new law bases the allocation on total expenditures and ending balances for capital outlay.
3. Special Day Class ADA. The new law includes days of attendance in special day classes in the computation of ADA.
4. Community Day School Teacher Assignment. Existing law permits assignment of teachers, with their consent, to home teaching and special day classes. The new law also permits such assignments to community day schools.
5. Community Day School Sites. Existing law prohibits the location of community day schools on regular school campuses, with exceptions. The new law permits certain school districts to locate a community day school serving grades 7 to 9 on a regular school site.
6. Free and Reduced Lunches and Child Nutrition Programs. The new law redefines "needy" for purposes of qualifying for free and reduced lunches and redefines "nutritionally adequate breakfast and lunch."
7. Federalist Papers. Existing law requires that high school students read specified documents in government and civics classes, including the Federalist Papers. The new law requires only that substantive selections from the Federalist Papers be read.
8. Independent Study Teacher Credentials. Existing law requires that independent study teachers have certain credentials. The new law permits a teacher with an emergency credential to serve in this capacity.
9. Report on Investments. Existing law requires the treasurer or chief fiscal officer of local agencies, including school districts, to report quarterly on securities, investments, and moneys held. The new law excludes, from this reporting requirement, holdings in individual accounts of less than $25,000.
Note: this is an urgency statute.
PHYSICAL EDUCATION
Stats. 1997, Chapter 640 (AB 727, Martinez)
Adds Education Code Section 51223.1.
Existing law provides minimum requirements for physical education.
The new law requires at least 10% of school districts, as selected by the State Superintendent of Public Instruction, to report as to the extent of their compliance with these minimum standards. Districts that fail to comply must issue a corrective plan to the State Department of Education within one year of being found in noncompliance.
PUPIL TESTING PROGRAM
Stats. 1997, Chapter 828 (SB 376, Alpert)
Adds and amends numerous Education Code Sections.
The new law creates the Standardized Testing and Reporting Program (STAR), which replaces the Pupil Testing Incentive Program (PTIP). Among other changes, it establishes one statewide test, starting in 1998. This will eliminate the option for districts to choose among different tests.
SCHOOL ACCOUNTABILITY REPORT CARD: CONTENTS
Stats. 1997, Chapter 912 (AB 572, Caldera)
Amends Education Code Section 33126.
Existing law provides for a statewide model school accountability report card.
The new law requires that this report card provide data by which parents can make meaningful comparisons between public schools. This data must include grade level assessment test results, the one-year drop out rate, the percentage of K-3 students participating in class size reduction, the total number of the school's credentialed teachers, the annual number of school days used for staff development, and the suspension and expulsion rates for the most recent three-year period.
SCHOOL ACCOUNTABILITY REPORT CARD: INTERNET ACCESS
Stats. 1997, Chapter 918 (AB 568, Lempert)
Adds Education Code Section 35258.
The new law requires that each school district that is connected to the Internet must make the information contained in the school accountability report card accessible on the Internet on or before July 1, 1998 and must update the information annually.
SCHOOL BUS SAFETY
Stats. 1997, Chapter 739 (AB 1297, Morrow)
Adds Education Code Section 39831.3 and amends Vehicle Code Section 22112.
Existing law requires the State Board of Education to adopt regulations relating to use of school buses and the CHP to adopt regulations relating to school bus safety.
The new law requires county superintendents, district superintendents, and private schools to prepare a transportation safety plan.
Existing law requires the driver of a school bus to operate flashing red lights and a stop signal arm when a bus is stopped to load or unload pupils who must cross a highway or private road. Districts may designated selected stops where red lights must flash even though no pupils cross the roadway.
The new law requires red flashing lights whenever a bus is stopped for loading or unloading. Districts, in consultation with the CHP, may identify stops where no red signal lights and stop signal arm will be used, based on a "unique traffic hazard due to roadway design or proximity to an intersection, or where special education pupils are boarding or pupils may require assistance to board or unload the school bus or school pupil activity bus."
SCHOOL SAFETY PLANS
Stats. 1997, Chapter 736 (SB 187, Hughes)
Amends, repeals, and amends Education Code Sections.
1. Current law provides that it is the intent of the legislature that all public schools develop comprehensive school safety plans. The new law establishes actual requirements and a deadline for meeting them.
2. New Education Code Section 35291.5 provides: "Each school district and county office of education is responsible for overall development of comprehensive school safety plans for its schools operating any kindergarten and any of grades 1 through 12, inclusive." New Education Code Section 35291.5(b)(1) provides that the "schoolsite council . . . shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school." The school site council may delegate that responsibility to a school safety planning committee.
The school safety plan must include such policies as: policies for notifying pupils of dangerous pupils, policies for prevention of sexual harassment, and policies for student disciplinary actions. (These policies have previously been mandated by law; they are now to be assembled into the school safety plan).
New Education Code Section 35294.6 provides: "Each school shall adopt its comprehensive school safety plan by September 1, 1998."
STAFF DEVELOPMENT DAYS
Stats. 1997, Chapter 296 (AB 1579, Strom-Martin)
Stats. 1997, Chapter 929 (SB 85, Peace)
Amend Education Code Sections 48980 and add Sections 44579 and following.
Existing law authorizes districts to offer up to eight days of staff development during the school year.
The new law provides that, to the extent funds are provided in the Budget Act, the State Superintendent of Public Instruction shall provide to each district an allowance of $220 per day for each certificated employee who participates in staff development in academic content and instructional methods in core curricular areas provided by the district. Conditions for eligibility include day-for-day reduction in staff development days permitted under other statutes and a requirement that staff development days held within the 180-day instructional period (or an equivalent period for year-round schools) be conducted only on entering or existing a regularly scheduled break or at the beginning or end of the academic year. The State Superintendent is required to develop implementing regulations.
The new law also requires the annual notice to parents to advise of scheduled minimum days and pupil- free staff development days and notice of later-scheduled days shall be given at least one month before they occur.
These provisions take effect July 1, 1998.
Note: this is an urgency statute.
STUDENT DISCIPLINE: TERRORIST THREATS
Stats. 1997, Chapter 405 (AB 307, Kaloogian)
Adds Education Code Section 48900.7.
The new law adds, as a reason for suspension or expulsion of a pupil, the making of terroristic threats (as defined) against school officials or school property.
STUDENT EMPLOYMENT: BASEBALL
Stats. 1997, Chapter 763 (AB 1363, Machado)
Adds Labor Code Section 1295.5.
Existing law permits minors to work under certain circumstances.
The new law permits a minor age 14 or older to perform "sports-attending services in professional baseball," requires permission from the school district if the minor is age 14 or 15 and requires the district to monitor their academic achievement .
Note: this is an urgency statute.
STUDENT EMPLOYMENT: ENTERTAINMENT
Stats. 1997, Chapter 879 (AB 776, Baca)
Adds Education Code Section 48225.5.
Existing law exempts children employed temporarily in entertainment from public full-time day school.
The new law requires a pupil who holds a work permit for a period of not more than five consecutive days in the entertainment or allied industries to be excused from school, requires the excusing of pupils to participate with a not-for-profit performing arts organization in a performance for a public school audience, requires these pupils to complete all assignments and tests and receive full course credit and requires them to receive certain instruction.
STUDENTS: APPEALS OF EXPULSIONS AND INTERDISTRICT
ATTENDANCE AGREEMENTS
Stats. 1997, Chapter 417 (AB 259, Scott)
Amends Education Code Sections 46601 and 48919, and adds Education Code
Sections 48919.5.
Current law authorizes appeals of expulsion orders and decisions on interdistrict attendance agreements to the county board of education.
The new law permits a county board of education in a Class 1 or Class 2 county to delegate the power to conduct hearings to hearing officers, or impartial administrative panels. The hearing officer (or panel), under this procedure, submits a recommended decision. The county board renders the final decision.
This change affects only those counties with an ADA of at least 180,000.
STUDENTS: STUDENT DISCIPLINE
Stats. 1997, Chapter 637 (AB 412, Wildman and Mazzoni
Amends Education Code Section 48900 and adds Education Code Section 48900.8.
1. Education Code Section 48900 specifies the acts for which a pupil may be suspended or expelled from school. Education Code Section 48900(a) currently provides that battery is cause for discipline. A pupil may be disciplined if that person "[c]aused, attempted to cause, or threatened to cause physical injury to another person . . . ."
The new law now provides, in addition, that a pupil may be disciplined if that person "[w]illfully used force or violence upon the person of another, except in self-defense."
2. The new law also requires each school district "to specifically identify, by each offense committed, in all appropriate official records of each pupil each suspension or expulsion of that pupil . . . ."
This statutory change suggests the question: how long must a district retain student disciplinary records? California administrative regulations (Title 5, Section 430, 432) define "Permitted pupil records" to include "[r]outine discipline data" and "[a]ll disciplinary notices." Districts have discretion when deciding how long to maintain these records. They are not like mandatory pupil records, which must be maintained forever, or interim pupil records, which must be maintained for a fixed period of time, and then destroyed. Disciplinary records, as "permitted pupil records," are defined as "records having clear importance only to the current educational process of the student."