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SB-1227 English language education.(1999-2000)

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SB1227:v98#DOCUMENT

Amended  IN  Senate  May 24, 1999

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Senate Bill
No. 1227

Introduced  by  Senator Knight
 (Coauthor(s): Senator Haynes)
 (Coauthor(s): Assembly Member Baldwin, Campbell, House, Oller, Robert Pacheco, Zettel)

February 26, 1999

An act to amend Section 48980 of, and to add Section 312 to, the Education Code, relating to English language education.


LEGISLATIVE COUNSEL'S DIGEST


SB 1227, as amended, Knight. English language education.
(1) Existing law requires the governing board of a school district to notify the parent or guardian of a pupil at the beginning of the first term or quarter of the regular school year regarding certain rights and responsibilities.
This bill would require that the notification also advise the parent or guardian of his or her rights relating to the English language education for immigrant children program. The bill would require the notification to inform the parent or guardian if the school district has placed his or her child in any class that is not an English language mainstream class, and to inform a parent or guardian regarding the parent’s or guardian’s right to choose to have his or her child educated in a mainstream English language classroom.
This bill would prohibit a school district from receiving an average daily attendance apportionment for a pupil who is an English learner for any day that the pupil is placed in or attends a bilingual education class without the prior written informed consent of the parent or guardian, and would require a school district to annually report to the Superintendent of Public Instruction the total number of bilingual education waivers applied for and granted, along with a written evidence of compliance with the waiver provisions for each waiver, and the total number of pupils in sheltered or structured English immersion classes. The additional requirements of this bill for school districts would impose a state-mandated local program.
This bill would make a technical change in the notice provision to conform to a recent enactment. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 312 is added to the Education Code, to read:

312.
 A school district may not receive an average daily attendance apportionment for a pupil who is an English learner for any day that the pupil is placed in or attends a bilingual education class without the prior written informed consent of the pupil’s parent or guardian. A school district shall annually report to the Superintendent of Public Instruction the total number of bilingual education waivers applied for by parents or guardians of pupils within the school district and the number of waivers granted by the school district, along with a written evidence of compliance with either subdivision (a), (b), or (c) of Section 311 for each waiver, and shall report the total number of pupils in bilingual education classes and sheltered or structured English immersion classes.

SEC. 2.Section 48980 of the Education Code is amended to read:
48980.

(a)At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of its minor pupils regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240, and 51550 and Chapter 2.3 (commencing with Section 32255) of Part 19.

(b)The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9.

(c)The notification shall also advise the parents and guardians of all pupils attending a school within the district of the schedule of minimum days and pupil-free staff development days, and if any minimum or pupil-free staff development days are scheduled thereafter, the governing board shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day.

(d)The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options including, but not limited to, United States Savings Bonds.

(e)Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) shall inform parents or guardians of the program as specified in Section 32390.

(f)Until July 1, 2003, the notification shall also advise the parent or guardian of the availability of the employment-based school attendance options pursuant to subdivision (f) of Section 48204.

(g)The notification shall also include a copy of the district’s written policy on sexual harassment established pursuant to Section 212.6, as it relates to pupils.

(h)Commencing July 1, 1998, the notification shall include a copy of the written policy of the school district adopted pursuant to Section 51870.5 regarding access by pupils to Internet and online sites.

(i)The notification shall advise the parent or guardian of all current statutory attendance options and local attendance options available in the school district. That notification shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. That notification shall also include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification shall also include an explanation of the current statutory attendance options including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5 (commencing with Section 48209) of Chapter 2 of Part 27. The State Department of Education shall produce this portion of the notification and shall distribute it to all school districts.

(j)It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within their districts and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of California’s pupils.

(k)The notification shall advise the parent or guardian that no pupil may have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 when missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205.

(l)The notification shall advise the parent or guardian of his or her rights relating to the English language education for immigrant children program established pursuant to Chapter 3 (commencing with Section 300) of Part 1. The notification shall inform the parent or guardian if the school district has placed his or her child in a sheltered English immersion class, a bilingual education class, or any other class that is not a English language mainstream class. The notice shall inform a parent or guardian regarding the parent’s or guardian’s right to choose to have his or her child educated in an English language mainstream classroom.

Section 48980 of the Education Code, as amended by Section 3 of Chapter 1 of the 1999–2000 First Extraordinary Session, is amended to read:

48980.
 (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of its minor pupils regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51240, and 51550 and Chapter 2.3 (commencing with Section 32255) of Part 19.
(b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9.
(c) The notification shall also advise the parents and guardians of all pupils attending a school within the district of the schedule of minimum days and pupil-free staff development days, and if any minimum or pupil-free staff development days are scheduled thereafter, the governing board shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day.
(d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options including, but not limited to, United States Savings Bonds.
(e) Commencing with the 2000–01 school year, and each school year thereafter, the notification shall advise the parent or guardian of the pupil that, commencing with the 2003–04 school year, and each school year thereafter, each pupil completing 12th grade will be required to successfully pass the high school exit examination administered pursuant to Chapter 8 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination, the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation.
(f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) shall inform parents or guardians of the program as specified in Section 32390.
(g) Until July 1, 1998 2003, the notification shall also advise the parent or guardian of the availability of the employment-based school attendance options pursuant to subdivision (f) of Section 48204.
(h) The notification shall also include a copy of the district’s written policy on sexual harassment established pursuant to Section 212.6, as it relates to pupils.
(i) Commencing July 1, 1998, the notification shall include a copy of the written policy of the school district adopted pursuant to Section 51870.5 regarding access by pupils to Internet and online sites.
(j) The notification shall advise the parent or guardian of all current statutory attendance options and local attendance options available in the school district. That notification shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. That notification shall also include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification shall also include an explanation of the current statutory attendance options including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5 (commencing with Section 48209) of Chapter 2 of Part 27. The State Department of Education shall produce this portion of the notification and shall distribute it to all school districts.
(k) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within their districts and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of California’s pupils.
(l) The notification shall advise the parent or guardian that no pupil may have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 when missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205.
(m) The notification shall advise the parent or guardian of his or her rights relating to the English language education for immigrant children program established pursuant to Chapter 3 (commencing with Section 300) of Part 1. The notification shall inform the parent or guardian if the school district has placed his or her child in a sheltered English immersion class, a bilingual education class, or any other class that is not a English language mainstream class. The notice shall inform a parent or guardian regarding the parent’s or guardian’s right to choose to have his or her child educated in an English language mainstream classroom.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.