California Assembly Bill AB1368 Amended / Bill

 BILL NUMBER: AB 1368AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 31, 2011 INTRODUCED BY Assembly Member Pan FEBRUARY 18, 2011 An act to  amend Section 48070 of   add Section 48071 to  the Education Code, relating to pupils. LEGISLATIVE COUNSEL'S DIGEST AB 1368, as amended, Pan.  Pupil promotion and retention.   Pupils: California Healthy Kids Survey.   Existing law requires the Commission on Teacher Credentialing, the State Board of Education, and the State Department of Education to provide to the State Chief Information Officer the individual nonpersonally identifiable or aggregate data related to, among other things, pupil assessment and accountability, including, but not limited to, data generated from, or related to, adequate yearly progress, graduation rates, pupils who drop out of school, and demographics of pupils and teachers.   Existing law requires the Superintendent of Public Instruction, on or before August 1, 2011, and annually thereafter, to submit to the Governor, the Legislature, and the State Board of Education a report called the Annual Report on Dropouts in California. Existing law requires the report to include specified information and authorizes the report to include relevant data on school climate and pupil engagement from the California Healthy Kids Survey.   This bill would require a school district to administer the California Healthy Kids Survey to pupils in grades 5, 7, 9, and 11, and would require a school district to comply with specified parent and guardian notification and consent provisions prior to administering the survey, thereby imposing a state-mandated local program.   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.   Existing law requires the governing board of each school district and each county superintendent of schools to adopt policies regarding pupil promotion and retention and requires a pupil to be promoted or retained only as provided in the policies adopted pursuant to specified law.   This bill would make technical, nonsubstantive changes to those 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.   Section 48071 is added to the   Education Code   , to read:   48071. (a) Except as provided for in subdivision (b), a school district shall administer the California Healthy Kids Survey to pupils in grades 5, 7, 9, and 11. (b) Prior to administering the California Healthy Kids Survey, a school district shall comply with the parent and guardian notification and consent provisions contained in Section 51513 and subdivision (b) of Section 51938.   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.   Section 48070 of the Education Code is amended to read: 48070. The governing board of each school district, and each county superintendent of schools, shall adopt policies regarding pupil promotion and retention. A pupil shall not be promoted or retained except as provided for in the policies adopted pursuant to this article.