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AB-2191 Pupil attendance: precinct board service.(2019-2020)

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Date Published: 02/11/2020 09:00 PM
AB2191:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2191


Introduced by Assembly Member Kalra
(Coauthor: Assembly Member Mark Stone)

February 11, 2020


An act to amend Sections 46300 and 48205 of the Education Code, relating to pupil attendance.


LEGISLATIVE COUNSEL'S DIGEST


AB 2191, as introduced, Kalra. Pupil attendance: precinct board service.
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 an excused absence for those specified reasons are absences for the purpose of computing average daily attendance and do not generate state apportionment payments. Existing law 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 provide 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 is not required to participate in that activity for 5 or more consecutive days if specified requirements are met, and would specify that an absence to serve as a member of a precinct board generates state apportionment payments. The bill also would delete an obsolete reference and make other nonsubstantive changes.
Vote: MAJORITY   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. board.
(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 a 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 the pupil’s 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 the pupil’s 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, including absences to care for a sick child for which the school shall not require a note from a doctor.
(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 the pupil’s 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.
(10) For the purpose of attending the pupil’s naturalization ceremony to become a United States citizen.
(11) Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(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, means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.