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AB-2020 Pupil instruction: driver training and education: charter schools.(2013-2014)

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Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2020

Introduced by Assembly Member Buchanan

February 20, 2014

An act to amend Section 1171 of the Labor Code, relating to employment Sections 51850 and 51851 of the Education Code, relating to pupil instruction.


LEGISLATIVE COUNSEL'S DIGEST


AB 2020, as amended, Buchanan. Employees: regulation and supervision. Pupil instruction: driver training and education: charter schools.
Existing law authorizes the governing board of a school district maintaining a high school or high schools, a county superintendent of schools, and the Division of Juvenile Justice, and the State Department of Education in providing programs of high school education, to prescribe regulations determining who can profit by and who shall receive instruction in automobile driver training and prohibits a pupil from being permitted to enroll in automobile driver training unless the pupil is presently enrolled in a course of instruction in automobile driver education, or has satisfactorily completed the course.
This bill would also authorize the governing body of a charter school that serves pupils in grades 9 to 12, inclusive, to prescribe regulations determining who can profit by and who shall receive instruction in automobile training courses, as specified.
Existing law requires a course of instruction in automobile driver education to meet specified requirements, including provide the opportunity for pupils to take driver education within the regular schoolday, and within the regular academic year, as defined.
This bill would specify that those pupils may include pupils attending charter schools that serve pupils in grades 9 to 12, inclusive. The bill would also delete certain cross-references and make other nonsubstantive changes.

Existing law regulates the wages, hours, and working conditions of employees with specified exceptions.

This bill would make 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 51850 of the Education Code is amended to read:

51850.
 The governing board of a school district maintaining a high school or high schools, the governing body of a charter school that serves pupils in grades 9 to 12, inclusive, a county superintendent of schools, and the California Youth Authority Division of Juvenile Justice, and State Department of Education the department in providing programs of high school education, may prescribe regulations determining who can profit by and who shall receive instruction in automobile driver training; provided, however, that no pupil shall be permitted to enroll in automobile driver training unless such the pupil is presently enrolled in a course of instruction in automobile driver education, or has satisfactorily completed such the course. The regulations shall be subject to such standards for driver education and driver training as that may be prescribed by the State Board of Education state board. Where driver training is provided, such the course of instruction shall be given in one or more of the grades 9, 10, 11, or 12. Pupils shall be at least 15 years and six months of age at the time of completion of a driver training course.

SEC. 2.

 Section 51851 of the Education Code is amended to read:

51851.
 A course of instruction in automobile driver education shall meet all of the following:
(a) Be of at least 21/2 semester periods and shall be taught by a qualified instructor.
(b) Provide the opportunity for pupils, which may include pupils attending charter schools that serve pupils in grades 9 to 12, inclusive, to take driver education within the regular schoolday, and within the regular academic year, as defined in Section 37250. Additional classes may be offered at the discretion of the local school district governing board, the county superintendent of schools, California Youth Authority, and the Division of Juvenile Justice, the State Department of Education, department, and the governing body of a charter school that serves pupils in grades 9 to 12, inclusive, to accommodate the pupils who have failed or who cannot otherwise enroll in the regular schoolday program. For purposes of this section, the regular schoolday shall be that time during which classes are maintained in the courses of instruction provided for in Chapter 1 (commencing with Section 51000), Chapter 2 (commencing with Section 51200), Article 1 (commencing with Section 51500), Article 2 (commencing with Section 51510), Article 3 (commencing with Section 51520), and Article 4 (commencing with Section 51530) of Chapter 4, and Chapter 5.6 (commencing with Section 51930) of this part, and Chapter 2 (commencing with Section 58400) of Part 31.
(c) Be completed by the pupil within the academic year or summer session in which it was begun.

SECTION 1.Section 1171 of the Labor Code is amended to read:
1171.

The provisions of this chapter shall apply to and include men, women, and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but shall not include an individual employed as an outside salesperson or an individual participating in a national service program carried out using assistance provided under Section 12571 of Title 42 of the United States Code.

An individual participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall be informed by the nonprofit, educational institution or other entity using his or her service, prior to the commencement of service of the requirement, if any, to work hours in excess of eight hours per day, or 40 hours per week, or both, and shall have the opportunity to opt out of that national service program at that time. Individuals participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall not be discriminated against or be denied continued participation in the program for refusing to work overtime for a legitimate reason.