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AB-1248 Pupils: right to wear religious, ceremonial, or cultural adornments at school graduation ceremonies.(2017-2018)

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Date Published: 01/03/2018 02:24 PM
AB1248:v98#DOCUMENT

Amended  IN  Assembly  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1248


Introduced by Assembly Member Gloria

February 17, 2017


An act to amend Section 53051 of the Government add Section 35183.1 to the Education Code, relating to public agencies. pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 1248, as amended, Gloria. Public agencies: information. Pupils: right to wear religious, ceremonial, or cultural adornments at school graduation ceremonies.
Existing law authorizes the governing board of any school district to adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing gang-related apparel. Existing law authorizes these actions if the governing board of the school district approves a plan, which may be initiated by an individual school’s principal, staff, or parents, and determines that the policy is necessary for the health and safety of the school environment. Existing law also authorizes individual schools to include the reasonable dress code policy as part of their school safety plans. Existing law prohibits a dress code policy adopted pursuant to this provision from precluding pupils who participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting.
This bill would declare that, notwithstanding any other law, a pupil has the right to wear religious, ceremonial, or cultural adornments, as defined, at school graduation ceremonies. The bill would also declare that nothing in its provisions shall be construed to limit a local educational agency’s authority to prohibit an item that is likely to cause a substantial disruption of, or interference with, the ceremony or to expand or diminish any pupil rights established under specified provisions related to school dress codes and pupil freedom of speech.

Existing law requires the governing body of a public agency, as defined, within 70 days after the commencement of its existence, to file with the Secretary of State a statement containing specified information about the public entity and its governing board and officers.

This bill would require that the filing of the statement occur within 60 days after commencement of the existence of the public agency. The bill would make other nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 35183.1 is added to the Education Code, to read:

35183.1.
 (a) Notwithstanding any other law, a pupil has the right to wear religious, ceremonial, or cultural adornments at school graduation ceremonies. Nothing in this section shall be construed to limit a local educational agency’s authority to prohibit an item that is likely to cause a substantial disruption of, or interference with, the ceremony or to expand or diminish any pupil rights established under Section 35183 or 48950.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Adornment” means something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.
(2) “Cultural” means relating to the habits, practices, beliefs, and traditions of a certain group of people.
(3) “Local educational agency” means a school district, county office of education, or charter school.

SECTION 1.Section 53051 of the Government Code is amended to read:
53051.

(a)Within sixty (60) days after the date of commencement of its legal existence, the governing body of a public agency shall file with the Secretary of State on a form prescribed by the Secretary of State and also with the county clerk of each county in which the public agency maintains an office, a statement of the following facts:

1.The full, legal name of the public agency.

2.The official mailing address of the governing body of the public agency.

3.The name and residence or business address of each member of the governing body of the public agency.

4.The name, title, and residence or business address of the chairperson, president, or other presiding officer, and clerk or secretary of the governing body of the public agency.

(b)Within 10 days after any change in the facts required to be stated pursuant to subdivision (a), an amended statement containing the information required by subdivision (a) shall be filed with the Secretary of State. The information submitted to the Secretary of State shall be on a form prescribed by the Secretary of State.

(c)It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed “Roster of Public Agencies,” to be so designated, that shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record.