California Assembly Bill AB296 Amended / Bill

 BILL NUMBER: AB 296AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Solorio FEBRUARY 17, 2009 An act  to add Article 4.3 (commencing with Section 52060) to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code, relating to supplemental education services. LEGISLATIVE COUNSEL'S DIGEST AB 296, as amended, Solorio. Supplemental  education   educational  services.  Existing   (1)     Existing  federal law defines "supplemental  education   educational  services" as tutoring and other supplemental academic enrichment services that are provided, in addition to instruction provided during the  day   schoolday  and are high quality, research-based, and specifically designed to increase academic achievement, as specified.  Existing state law requires the governing board of each school district to offer, and authorizes a charter school to offer, various supplemental instructional programs, including programs for pupils enrolled in grades 7 to 12, inclusive, who do not demonstrate sufficient progress toward passing the high school exit examination.   This bill would state the intent of the Legislature to enact legislation that would modify these supplemental education services.   Under federal law, local educational agencies, state educational agencies, and providers of supplemental educational services are required to comply   with certain requirements relating to the administration of these supplemental educational services.   This bill would require the State Department of Education, the State Board of Education, providers of supplemental services, and local educational agencies to comply with specified requirements relating to these supplemental educational services. Because the bill would require local educational agencies to provide a higher level of service, it would impose a state-mandated local program.   (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.   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:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Article 4.3 (commencing with Section 52060) is added to Chapter 6.1 of Part 28 of Division 4 of Title 2 of the   Education Code   , to read:   Article 4.3. Supplemental Educational Services 52060. This article applies to supplemental educational services offered pursuant to Section 6316(e) of the federal No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.). 52061. (a) The department shall not deny the application of a provider of supplemental educational services based solely on the denial of the provider's application in another state. (b) If the program of a provider of supplemental educational services that has been approved by the state board is debarred in another state, the state board shall conduct a review prior to termination of the provider's approval status if the sole basis for contemplating termination is that the provider's program was debarred in another state. (c) Local educational agencies offering supplemental services shall open the enrollment period for supplemental educational services within nine weeks of the beginning of the school year. (d) Local educational agencies offering supplemental educational services shall ensure that blank enrollment forms are available to any member of the public who requests a form. (e) Local educational agencies shall provide at least two methods by which parents or guardians of eligible pupils may submit completed enrollment forms. These methods may include, but are not necessarily limited to, a drop-off location, facsimile, postal mail, and through an Internet Web site. (f) Local educational agencies shall provide parents or guardians of eligible pupils with information about the availability of supplemental educational services through at least two channels. These may include, but are not necessarily limited to, providing the pupil with information, back-to-school presentations, school fairs, postal mail, and telephone. (g) If a local educational agency provides outside entities access to school facilities before school, after school, or both, the local educational agency shall permit supplemental educational services providers the same access. Those providers shall comply with the same legal requirements and fee obligations with which all other outside entities comply. (h) Each provider of supplemental educational services shall begin providing services to pupils within three weeks of the close of the enrollment period.   SEC. 2.  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.   SECTION 1.   It is the intent of the Legislature to enact legislation that would modify the supplemental education services, as defined in subsection (e) of Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et. seq.), provided by school districts and charter schools.