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AB-2109 Pupil enrollment: pupils with a temporary disability: individualized instruction.(2017-2018)

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Date Published: 02/08/2018 09:00 PM
AB2109:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2109


Introduced by Assembly Member O’Donnell

February 08, 2018


An act to amend Section 48208 of the Education Code, relating to pupil enrollment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2109, as introduced, O’Donnell. Pupil enrollment: pupils with a temporary disability: individualized instruction.
Under existing law, each person between the ages of 6 and 18 years who is not otherwise exempt is subject to compulsory full-time education. Existing law requires each person subject to compulsory full-time education to attend the public full-time day school in which the residency of either the parent or legal guardian is located, except as specified.
Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the pupil’s parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. Existing law requires that it is the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside of the pupil’s presence in a qualifying hospital.
This bill would make nonsubstantive changes to the latter provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 48208 of the Education Code is amended to read:

48208.
 (a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital.
(b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the a positive determination has been rendered.
(2) Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, program to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3) Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.