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AB-2684 Pupil attendance: service on precinct board.(2013-2014)

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AB2684:v96#DOCUMENT

Amended  IN  Senate  June 12, 2014
Amended  IN  Assembly  May 27, 2014
Amended  IN  Assembly  March 27, 2014

CALIFORNIA LEGISLATURE— 2013–2014 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 add Section 1120.5 to the Fish and Game Code, relating to fish. amend Sections 46300 and 48205 of the Education Code, relating to pupil attendance, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2684, as amended, Stone. Hatchery practices: salmon and steelhead. Pupil attendance: service on precinct board.
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.
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.
This bill would declare that it is to take effect immediately as an urgency statute.

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.

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.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 46300 of the Education Code is amended to read:

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 school district or county office of education 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 provision of 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.
(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:
(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.
(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.
(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.

SEC. 2.

 Section 48205 of the Education Code is amended to read:

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

SEC. 3.

 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:
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.
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.