AB 2109: Pupils: pupils with a temporary disability: individual instruction: pupils who are terminally ill: honorary diplomas.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-20
(1)Existing law requires a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable to receive individual instruction provided by the school district in which the pupil is deemed to reside. Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
This bill would instead require a pupil with a temporary disability to receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located. The bill would authorize a school district or charter school to continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to the pupil, as provided.
The bill would require a school district or charter school to allow a pupil receiving individual instruction who is well enough to return to a school to be allowed to return to the school that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated. The bill would also entitle a pupil who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so. The bill would require a supervisor of attendance, when a pupil with a temporary disability is receiving individual instruction in the home or a hospital or other residential health facility, to ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program. To the extent this bill would impose additional requirements on school districts and charter schools, the bill would impose a state-mandated local program.
(2)Existing law authorizes the governing board of a school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
This bill would also authorize the governing board of a school district, a county office of education, and the governing body of a charter school maintaining a high school to confer an honorary high school diploma upon a pupil who is terminally ill.
(3)This bill would also delete obsolete provisions and make clarifying and conforming changes.
(4)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 the statutory provisions noted above.
(1)Existing law requires a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable to receive individual instruction provided by the school district in which the pupil is deemed to reside. Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
This bill would instead require a pupil with a temporary disability to receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located. The bill would authorize a school district or charter school to continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to the pupil, as provided.
The bill would require a school district or charter school to allow a pupil receiving individual instruction who is well enough to return to a school to be allowed to return to the school that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated. The bill would also entitle a pupil who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so. The bill would require a supervisor of attendance, when a pupil with a temporary disability is receiving individual instruction in the home or a hospital or other residential health facility, to ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program. To the extent this bill would impose additional requirements on school districts and charter schools, the bill would impose a state-mandated local program.
(2)Existing law authorizes the governing board of a school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
This bill would also authorize the governing board of a school district, a county office of education, and the governing body of a charter school maintaining a high school to confer an honorary high school diploma upon a pupil who is terminally ill.
(3)This bill would also delete obsolete provisions and make clarifying and conforming changes.
(4)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 the statutory provisions noted above.
(1)Existing law requires a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable to receive individual instruction provided by the school district in which the pupil is deemed to reside. Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
This bill would instead require a pupil with a temporary disability to receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located. The bill would authorize a school district or charter school to continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to the pupil, as provided.
The bill would require a school district or charter school to allow a pupil receiving individual instruction who is well enough to return to a school to be allowed to return to the school that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated. The bill would also entitle a pupil who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so. The bill would require a supervisor of attendance, when a pupil with a temporary disability is receiving individual instruction in the home or a hospital or other residential health facility, to ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program. To the extent this bill would impose additional requirements on school districts and charter schools, the bill would impose a state-mandated local program.
(2)Existing law authorizes the governing board of a school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
This bill would also authorize the governing board of a school district district, a county office of education, and the governing body of a charter school maintaining a high school to confer an honorary high school diploma upon a pupil who is terminally ill.
(3)This bill would also delete obsolete provisions and make clarifying and conforming changes.
(4)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 the statutory provisions noted above.
(1)Existing law requires a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable to receive individual instruction provided by the school district in which the pupil is deemed to reside. Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
This bill would instead require a pupil with a temporary disability to receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located. The bill would authorize a school district or charter school to continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to the pupil, as provided.
The bill would require a school district or charter school to allow a pupil receiving individual instruction who is well enough to return to a school to be allowed to return to the school that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated. The bill would also entitle a pupil who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so. The bill would require a supervisor of attendance, when a pupil with a temporary disability is receiving individual instruction in the home or a hospital or other residential health facility, to ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program. To the extent this bill would impose additional requirements on school districts and charter schools, the bill would impose a state-mandated local program.
(2)Existing law authorizes the governing board of a school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
This bill would also authorize the governing board of a school district maintaining a high school to confer an honorary high school diploma upon a pupil who is terminally ill.
(3)This bill would also delete obsolete provisions and make clarifying and conforming changes.
(4)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 the statutory provisions noted above.
(1)Existing law requires a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable to receive individual instruction provided by the school district in which the pupil is deemed to reside. Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
This bill would authorize a school district or charter school to continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to the pupil, as provided.
The bill would require a school district or charter school to allow a pupil receiving individual instruction who is well enough to return to a school to be allowed to return to the school that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated. The bill would also entitle a pupil who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so. To the extent this bill would impose additional requirements on school districts and charter schools, the bill would impose a state-mandated local program.
(2)Existing law authorizes the governing board of a school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
This bill would also authorize the governing board of a school district maintaining a high school to confer an honorary high school diploma upon a pupil who is terminally ill.
(3)This bill would also delete obsolete provisions and make clarifying and conforming changes.
(4)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 the statutory provisions noted above.
Under existing law, each person between the ages of 6 and 18 years who is not otherwise exempt is subject to compulsory full-time education. Existing law requires each person subject to compulsory full-time education to attend the public full-time day school in which the residency of either the parent or legal guardian is located, except as specified. Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the pupils parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. Existing law requires that it is the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside of the pupils presence in a qualifying hospital.This bill would make nonsubstantive changes to the latter provision.Under existing law, each person between the ages of 6 and 18 years who is not otherwise exempt is subject to compulsory full-time education. Existing law requires each person subject to compulsory full-time education to attend the public full-time day school in which the residency of either the parent or legal guardian is located, except as specified.
Existing law requires a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the pupils parent or guardian resides, to be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. Existing law requires that it is the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside of the pupils presence in a qualifying hospital.
This bill would make nonsubstantive changes to the latter provision.
(a)A pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located.
(b)For purposes of this section and Sections 48207, 48207.3, 48207.5, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.05, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)No pupil shall be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the school district in any fiscal year.
(d)Notice of the availability of individual instruction shall be given pursuant to Section 48980, and shall include information regarding a pupils eligibility for, and the duration of, individual instruction.
(e)Nothing in this section shall be construed to limit any rights accruing to a pupil with a temporary disability who is also identified as an individual with exceptional needs, as defined in Section 56026.
SEC. 2.Section 48206.5 of the Education Code is repealed.SEC. 3.Section 48207 of the Education Code is amended to read:48207.(a)Notwithstanding Section 48200, a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
(b)Notwithstanding any other law, a school district or charter school may continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a pupil who is receiving individual instruction in a hospital or other residential health facility, for fewer than five days of instruction per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
(c)(1)A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence or charter school for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is in attendance in that school district or charter school.
(2)A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district in which the hospital or other residential health facility is located for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is receiving individual instruction in a hospital or other residential health facility.
(d)The total attendance counted for purposes of computing average daily attendance pursuant to Section 42238.05 for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, shall not exceed five days per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
SEC. 4.Section 48207.3 is added to the Education Code, to read:48207.3.(a)A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated.
(b)A pupil who attends a school operated by a school district or a charter school, who is subsequently enrolled in individual instruction in a hospital or other residential health facility for a partial week, shall be entitled to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so.
SEC. 5.Section 48207.5 is added to the Education Code, to read:48207.5.Individual instruction in a pupils home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that the pupil shall receive this instruction.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individual instruction, and, if the determination is positive, when the individual instruction may commence. Individual instruction shall commence no later than five working days after a positive determination has been rendered.
(2)Provide the pupil with individual instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program to have the school district the pupil previously attended provide the pupil with individual instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individual instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.05, effective the date on which individual instruction commenced, except as provided in Section 48207.
SEC. 7.Section 48240 of the Education Code is amended to read:48240.(a)The governing board of each school district and each county superintendent of schools shall appoint a supervisor of attendance and any assistant supervisors of attendance as may be necessary to supervise the attendance of pupils in the school district or county. The governing board of the school district or county superintendent of schools shall prescribe the duties of the supervisor of attendance and assistant supervisors of attendance to include, among other duties that may be required, those specific duties related to compulsory full-time education, truancy, work permits, compulsory continuation education, and opportunity schools, classes, and programs, now required of the attendance supervisors by this chapter and Article 4 (commencing with Section 48450) of Chapter 3 and Article 2 (commencing with Section 48640) of Chapter 4.
(b)It is the intent of the Legislature that in performing his or her duties, the supervisor of attendance promote a culture of attendance and establish a system to accurately track pupil attendance in order to achieve all of the following:
(1)Raise the awareness of school personnel, parents, guardians, caregivers, community partners, and local businesses of the effects of chronic absenteeism and truancy and other challenges associated with poor attendance.
(2)Identify and respond to grade level or pupil subgroup patterns of chronic absenteeism or truancy.
(3)Identify and address factors contributing to chronic absenteeism and habitual truancy, including suspension and expulsion.
(4)Ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.
(5)Evaluate the effectiveness of strategies implemented to reduce chronic absenteeism rates and truancy rates.
(c)When a pupil with a temporary disability, as defined in Section 48206.3, is receiving individual instruction in the home or a hospital or other residential health facility, the supervisor of attendance shall ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program.
(d)The supervisor of attendance may provide support services and interventions, which may include, but are not limited to, any or all of the following:
(1)A conference between school personnel, the pupils parent or guardian, and the pupil.
(2)Promoting cocurricular and extracurricular activities that increase pupil connectedness to school, such as tutoring, mentoring, the arts, service learning, or athletics.
(3)Recognizing pupils who achieve excellent attendance or demonstrate significant improvement in attendance.
(4)Referral to a school nurse, school counselor, school psychologist, school social worker, and other pupil support personnel for case management and counseling.
(5)Collaboration with child welfare services, law enforcement, courts, public health care agencies, or government agencies, or medical, mental health, and oral health care providers to receive necessary services.
(6)Collaborating with school study teams, guidance teams, school attendance review teams, or other intervention-related teams to assess the attendance or behavior problem in partnership with the pupil and his or her parents, guardians, or caregivers.
(7)In schools with significantly higher rates of chronic absenteeism, identify barriers to attendance that may require schoolwide strategies rather than case management.
(8)Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program for an individual with exceptional needs, as that term is defined in Section 56026, or plan adopted for a qualified handicapped person, as that term is defined in regulations promulgated by the United States Department of Education pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(9)Referral to a school attendance review board established by the county or by a school district pursuant to Section 48321 or to the probation department pursuant to Section 48263.
(10)Referral to a truancy mediation program operated by the countys district attorney or probation officer pursuant to Section 48260.6.
SEC. 8.Section 51225.5 of the Education Code is amended to read:51225.5.(a)(1)The governing board of a school district maintaining a high school may confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
(2)The governing board of a school district, a county office of education, and the governing body of a charter school maintaining a high school may confer an honorary high school diploma upon a pupil who is terminally ill.
(b)An honorary high school diploma awarded pursuant to this section shall be clearly distinguishable from the regular diploma of graduation awarded by the school district, county office of education, or charter school.
SEC. 9.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.
(a)A pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located.
(b)For purposes of this section and Sections 48207, 48207.3, 48207.5, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.05, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)No pupil shall be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the school district in any fiscal year.
(d)Notice of the availability of individual instruction shall be given pursuant to Section 48980, and shall include information regarding a pupils eligibility for, and the duration of, individual instruction.
(e)Nothing in this section shall be construed to limit any rights accruing to a pupil with a temporary disability who is also identified as an individual with exceptional needs, as defined in Section 56026.
SEC. 2.Section 48206.5 of the Education Code is repealed.SEC. 3.Section 48207 of the Education Code is amended to read:48207.(a)Notwithstanding Section 48200, a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
(b)Notwithstanding any other law, a school district or charter school may continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a pupil who is receiving individual instruction in a hospital or other residential health facility, for fewer than five days of instruction per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
(c)(1)A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence or charter school for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is in attendance in that school district or charter school.
(2)A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district in which the hospital or other residential health facility is located for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is receiving individual instruction in a hospital or other residential health facility.
(d)The total attendance counted for purposes of computing average daily attendance pursuant to Section 42238.05 for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, shall not exceed five days per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
SEC. 4.Section 48207.3 is added to the Education Code, to read:48207.3.(a)A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated.
(b)A pupil who attends a school operated by a school district or a charter school, who is subsequently enrolled in individual instruction in a hospital or other residential health facility for a partial week, shall be entitled to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so.
SEC. 5.Section 48207.5 is added to the Education Code, to read:48207.5.Individual instruction in a pupils home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that the pupil shall receive this instruction.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individual instruction, and, if the determination is positive, when the individual instruction may commence. Individual instruction shall commence no later than five working days after a positive determination has been rendered.
(2)Provide the pupil with individual instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program to have the school district the pupil previously attended provide the pupil with individual instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individual instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.05, effective the date on which individual instruction commenced, except as provided in Section 48207.
SEC. 7.Section 48240 of the Education Code is amended to read:48240.(a)The governing board of each school district and each county superintendent of schools shall appoint a supervisor of attendance and any assistant supervisors of attendance as may be necessary to supervise the attendance of pupils in the school district or county. The governing board of the school district or county superintendent of schools shall prescribe the duties of the supervisor of attendance and assistant supervisors of attendance to include, among other duties that may be required, those specific duties related to compulsory full-time education, truancy, work permits, compulsory continuation education, and opportunity schools, classes, and programs, now required of the attendance supervisors by this chapter and Article 4 (commencing with Section 48450) of Chapter 3 and Article 2 (commencing with Section 48640) of Chapter 4.
(b)It is the intent of the Legislature that in performing his or her duties, the supervisor of attendance promote a culture of attendance and establish a system to accurately track pupil attendance in order to achieve all of the following:
(1)Raise the awareness of school personnel, parents, guardians, caregivers, community partners, and local businesses of the effects of chronic absenteeism and truancy and other challenges associated with poor attendance.
(2)Identify and respond to grade level or pupil subgroup patterns of chronic absenteeism or truancy.
(3)Identify and address factors contributing to chronic absenteeism and habitual truancy, including suspension and expulsion.
(4)Ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.
(5)Evaluate the effectiveness of strategies implemented to reduce chronic absenteeism rates and truancy rates.
(c)When a pupil with a temporary disability, as defined in Section 48206.3, is receiving individual instruction in the home or a hospital or other residential health facility, the supervisor of attendance shall ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program.
(d)The supervisor of attendance may provide support services and interventions, which may include, but are not limited to, any or all of the following:
(1)A conference between school personnel, the pupils parent or guardian, and the pupil.
(2)Promoting cocurricular and extracurricular activities that increase pupil connectedness to school, such as tutoring, mentoring, the arts, service learning, or athletics.
(3)Recognizing pupils who achieve excellent attendance or demonstrate significant improvement in attendance.
(4)Referral to a school nurse, school counselor, school psychologist, school social worker, and other pupil support personnel for case management and counseling.
(5)Collaboration with child welfare services, law enforcement, courts, public health care agencies, or government agencies, or medical, mental health, and oral health care providers to receive necessary services.
(6)Collaborating with school study teams, guidance teams, school attendance review teams, or other intervention-related teams to assess the attendance or behavior problem in partnership with the pupil and his or her parents, guardians, or caregivers.
(7)In schools with significantly higher rates of chronic absenteeism, identify barriers to attendance that may require schoolwide strategies rather than case management.
(8)Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program for an individual with exceptional needs, as that term is defined in Section 56026, or plan adopted for a qualified handicapped person, as that term is defined in regulations promulgated by the United States Department of Education pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(9)Referral to a school attendance review board established by the county or by a school district pursuant to Section 48321 or to the probation department pursuant to Section 48263.
(10)Referral to a truancy mediation program operated by the countys district attorney or probation officer pursuant to Section 48260.6.
SEC. 8.Section 51225.5 of the Education Code is amended to read:51225.5.(a)(1)The governing board of a school district maintaining a high school may confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
(2)The governing board of a school district, a county office of education, and the governing body of a charter school maintaining a high school may confer an honorary high school diploma upon a pupil who is terminally ill.
(b)An honorary high school diploma awarded pursuant to this section shall be clearly distinguishable from the regular diploma of graduation awarded by the school district, county office of education, or charter school.
SEC. 9.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.
(a)A pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located.
(b)For purposes of this section and Sections 48206.5, 48207, 48207.3, 48207.5, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.05, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)No pupil shall be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the school district in any fiscal year.
(d)Notice of the availability of individual instruction shall be given pursuant to Section 48980, and shall include information regarding a pupils eligibility for, and the duration of, individual instruction.
(e)Nothing in this section shall be construed to limit any rights accruing to a pupil with a temporary disability who is also identified as an individual with exceptional needs, as defined in Section 56026.
SEC. 2.Section 48206.5 of the Education Code is repealed.SEC. 3.Section 48207 of the Education Code is amended to read:48207.(a)Notwithstanding Section 48200, a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
(b)Notwithstanding any other law, a school district or charter school may continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a pupil who is receiving individual instruction in a hospital or other residential health facility, for fewer than five days of instruction per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
(c)(1)A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence or charter school for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is in attendance in that school district or charter school.
(2)A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district in which the hospital or other residential health facility is located for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is receiving individual instruction in a hospital or other residential health facility.
(d)The total attendance counted for purposes of computing average daily attendance pursuant to Section 42238.05 for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, shall not exceed five days per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
SEC. 4.Section 48207.3 is added to the Education Code, to read:48207.3.(a)A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated.
(b)A pupil who attends a school operated by a school district or a charter school, who is subsequently enrolled in individual instruction in a hospital or other residential health facility for a partial week, shall be entitled to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so.
SEC. 5.Section 48207.5 is added to the Education Code, to read:48207.5.Individual instruction in a pupils home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that the pupil shall receive this instruction.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individual instruction, and, if the determination is positive, when the individual instruction may commence. Individual instruction shall commence no later than five working days after a positive determination has been rendered.
(2)Provide the pupil with individual instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program to have the school district the pupil previously attended provide the pupil with individual instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individual instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.05, effective the date on which individual instruction commenced, except as provided in Section 48207.
SEC. 7.Section 48240 of the Education Code is amended to read:48240.(a)The governing board of each school district and each county superintendent of schools shall appoint a supervisor of attendance and any assistant supervisors of attendance as may be necessary to supervise the attendance of pupils in the school district or county. The governing board of the school district or county superintendent of schools shall prescribe the duties of the supervisor of attendance and assistant supervisors of attendance to include, among other duties that may be required, those specific duties related to compulsory full-time education, truancy, work permits, compulsory continuation education, and opportunity schools, classes, and programs, now required of the attendance supervisors by this chapter and Article 4 (commencing with Section 48450) of Chapter 3 and Article 2 (commencing with Section 48640) of Chapter 4.
(b)It is the intent of the Legislature that in performing his or her duties, the supervisor of attendance promote a culture of attendance and establish a system to accurately track pupil attendance in order to achieve all of the following:
(1)Raise the awareness of school personnel, parents, guardians, caregivers, community partners, and local businesses of the effects of chronic absenteeism and truancy and other challenges associated with poor attendance.
(2)Identify and respond to grade level or pupil subgroup patterns of chronic absenteeism or truancy.
(3)Identify and address factors contributing to chronic absenteeism and habitual truancy, including suspension and expulsion.
(4)Ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.
(5)Evaluate the effectiveness of strategies implemented to reduce chronic absenteeism rates and truancy rates.
(c)When a pupil with a temporary disability, as defined in Section 48206.3, is receiving individual instruction in the home or a hospital or other residential health facility, the supervisor of attendance shall ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program.
(d)The supervisor of attendance may provide support services and interventions, which may include, but are not limited to, any or all of the following:
(1)A conference between school personnel, the pupils parent or guardian, and the pupil.
(2)Promoting cocurricular and extracurricular activities that increase pupil connectedness to school, such as tutoring, mentoring, the arts, service learning, or athletics.
(3)Recognizing pupils who achieve excellent attendance or demonstrate significant improvement in attendance.
(4)Referral to a school nurse, school counselor, school psychologist, school social worker, and other pupil support personnel for case management and counseling.
(5)Collaboration with child welfare services, law enforcement, courts, public health care agencies, or government agencies, or medical, mental health, and oral health care providers to receive necessary services.
(6)Collaborating with school study teams, guidance teams, school attendance review teams, or other intervention-related teams to assess the attendance or behavior problem in partnership with the pupil and his or her parents, guardians, or caregivers.
(7)In schools with significantly higher rates of chronic absenteeism, identify barriers to attendance that may require schoolwide strategies rather than case management.
(8)Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program for an individual with exceptional needs, as that term is defined in Section 56026, or plan adopted for a qualified handicapped person, as that term is defined in regulations promulgated by the United States Department of Education pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(9)Referral to a school attendance review board established by the county or by a school district pursuant to Section 48321 or to the probation department pursuant to Section 48263.
(10)Referral to a truancy mediation program operated by the countys district attorney or probation officer pursuant to Section 48260.6.
SEC. 8.Section 51225.5 of the Education Code is amended to read:51225.5.(a)(1)The governing board of a school district maintaining a high school may confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
(2)The governing board of a school district district, a county office of education, and the governing body of a charter school maintaining a high school may confer an honorary high school diploma upon a pupil who is terminally ill.
(b)An honorary high school diploma awarded pursuant to this section shall be clearly distinguishable from the regular diploma of graduation awarded by the school district. district, county office of education, or charter school.
SEC. 9.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.
(a)A pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive either individual instruction at home provided by the school district in which the pupil is deemed to reside. reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located.
(b)For purposes of this section and Sections 48206.5, 48207, 48207.3, 48207.5, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.05, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)No pupil shall be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the school district in any fiscal year.
(d)Notice of the availability of individual instruction shall be given pursuant to Section 48980, and shall include information regarding a pupils eligibility for, and the duration of, individual instruction.
SEC. 2.Section 48206.5 of the Education Code is repealed.SEC. 3.Section 48207 of the Education Code is amended to read:48207.(a)Notwithstanding Section 48200, a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupils parent or guardian resides, shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
(b)Notwithstanding any other law, a school district or charter school may continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a pupil who is receiving individual instruction in a hospital or other residential health facility, for fewer than five days of instruction per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
(c)(1)A pupil with a temporary disability who remains enrolled in a school district other than the school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence or charter school of enrollment for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is in attendance in that school district or charter school.
(2)A pupil with a temporary disability who remains enrolled in a school district other than the school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence in which the hospital or other residential health facility is located for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is receiving individual instruction in a hospital or other residential health facility.
(d)The total attendance counted for purposes of computing average daily attendance pursuant to Section 42238.05 for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, shall not exceed five days per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
(e)For days during which a pupil who remains enrolled in a school district or charter school pursuant to this section is receiving instruction in a hospital or other residential health facility, the pupil shall not be considered absent by the school district or charter school and the pupils parent or guardian shall not be referred to a school attendance review board.SEC. 4.Section 48207.3 is added to the Education Code, to read:48207.3.(a)A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated.
(b)A pupil who attends a school operated by a school district or a charter school, who is subsequently enrolled in individual instruction in a hospital or other residential health facility for a partial week, shall be entitled to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so.
SEC. 5.Section 48207.5 is added to the Education Code, to read:48207.5.Individual instruction in a pupils home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that the pupil shall receive this instruction.
SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individual instruction, and, if the determination is positive, when the individual instruction may commence. Individual instruction shall commence no later than five working days after a positive determination has been rendered.
(2)Provide the pupil with individual instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program to have the school district the pupil previously attended provide the pupil with individual instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individual instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.05, effective the date on which individual instruction commenced, except as provided in Section 48207.
SEC. 7.Section 48240 of the Education Code is amended to read:48240.(a)The governing board of each school district and each county superintendent of schools shall appoint a supervisor of attendance and any assistant supervisors of attendance as may be necessary to supervise the attendance of pupils in the school district or county. The governing board of the school district or county superintendent of schools shall prescribe the duties of the supervisor of attendance and assistant supervisors of attendance to include, among other duties that may be required, those specific duties related to compulsory full-time education, truancy, work permits, compulsory continuation education, and opportunity schools, classes, and programs, now required of the attendance supervisors by this chapter and Article 4 (commencing with Section 48450) of Chapter 3 and Article 2 (commencing with Section 48640) of Chapter 4 of this part. 4.
(b)It is the intent of the Legislature that in performing his or her duties, the supervisor of attendance promote a culture of attendance and establish a system to accurately track pupil attendance in order to achieve all of the following:
(1)Raise the awareness of school personnel, parents, guardians, caregivers, community partners, and local businesses of the effects of chronic absenteeism and truancy and other challenges associated with poor attendance.
(2)Identify and respond to grade level or pupil subgroup patterns of chronic absenteeism or truancy.
(3)Identify and address factors contributing to chronic absenteeism and habitual truancy, including suspension and expulsion.
(4)Ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions.
(5)Evaluate the effectiveness of strategies implemented to reduce chronic absenteeism rates and truancy rates.
(c)When a pupil with a temporary disability, as defined in Section 48206.3, is receiving individual instruction in the home or a hospital or other residential health facility, the supervisor of attendance shall ensure that absences from the pupils regular school program are excused until the pupil is able to return to the regular school program.
(c)(d)The supervisor of attendance may provide support services and interventions, which may include, but are not limited to, any or all of the following:
(1)A conference between school personnel, the pupils parent or guardian, and the pupil.
(2)Promoting cocurricular and extracurricular activities that increase pupil connectedness to school, such as tutoring, mentoring, the arts, service learning, or athletics.
(3)Recognizing pupils who achieve excellent attendance or demonstrate significant improvement in attendance.
(4)Referral to a school nurse, school counselor, school psychologist, school social worker, and other pupil support personnel for case management and counseling.
(5)Collaboration with child welfare services, law enforcement, courts, public health care agencies, or government agencies, or medical, mental health, and oral health care providers to receive necessary services.
(6)Collaborating with school study teams, guidance teams, school attendance review teams, or other intervention-related teams to assess the attendance or behavior problem in partnership with the pupil and his or her parents, guardians, or caregivers.
(7)In schools with significantly higher rates of chronic absenteeism, identify barriers to attendance that may require schoolwide strategies rather than case management.
(8)Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program for an individual with exceptional needs, as that term is defined in Section 56026, or plan adopted for a qualified handicapped person, as that term is defined in regulations promulgated by the United States Department of Education pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(9)Referral to a school attendance review board established by the county or by a school district pursuant to Section 48321 or to the probation department pursuant to Section 48263.
(10)Referral to a truancy mediation program operated by the countys district attorney or probation officer pursuant to Section 48260.6.
SEC. 7.SEC. 8.Section 51225.5 of the Education Code is amended to read:51225.5.(a)(1)The governing board of a school district maintaining a high school may confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state.
(2)The governing board of a school district maintaining a high school may confer an honorary high school diploma upon a pupil who is terminally ill.
(b)An honorary high school diploma awarded pursuant to this section shall be clearly distinguishable from the regular diploma of graduation awarded by the school district.
SEC. 8.SEC. 9.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.
(a)Except for those pupils receiving individual instruction provided pursuant to Section 48206.5, a A pupil with a temporary disability which that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive individual instruction provided by the school district in which the pupil is deemed to reside.
(b)For purposes of this section and Sections 48206.5, 48207, 48207.3, 48207.5, and 48208, the following terms have the following meanings:
(1)Individual instruction means instruction provided to an individual pupil in the pupils home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the State Board of Education. state board.
(2)Temporary disability means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program without special intervention. program. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026.
(c)(1)For purposes of computing average daily attendance pursuant to Section 42238.5, 42238.05, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance.
(2)No pupil shall be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the school district in any fiscal year.
(d)Notice of the availability of individualized individual instruction shall be given pursuant to Section 48980. 48980, and shall include information regarding a pupils eligibility for, and the duration of, individual instruction.
SEC. 2.Section 48206.5 of the Education Code is repealed.48206.5.Any school district which, prior to January 1, 1986, maintained a program to provide individual instruction to pupils enrolled in regular day classes or an alternative education program offered by the district who have a temporary disability may continue the program as it existed prior to January 1, 1986.SEC. 3.Section 48207 of the Education Code is amended to read:48207.(a)Notwithstanding Section 48200, a pupil with a temporary disability disability, who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the pupils parent or guardian resides resides, shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located.
(b)Notwithstanding any other law, a school district or charter school may continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a pupil who is receiving individual instruction in a hospital or other residential health facility, for fewer than five days of instruction per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
(c)(1)A pupil with a temporary disability who remains enrolled in a school district other than the school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district or charter school of enrollment for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is in attendance in that school district or charter school.
(2)A pupil with a temporary disability who remains enrolled in a school district other than the school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is receiving individual instruction in a hospital or other residential health facility.
(d)The total attendance counted for purposes of computing average daily attendance pursuant to Section 42238.05 for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, shall not exceed five days per week, or the equivalent, as described in subdivision (c) of Section 48206.3.
(e)For days during which a pupil who remains enrolled in a school district or charter school pursuant to this section is receiving instruction in a hospital or other residential health facility, the pupil shall not be considered absent by the school district or charter school and the pupils parent or guardian shall not be referred to a school attendance review board.
SEC. 4.Section 48207.3 is added to the Education Code, to read:48207.3.(a)A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated.
(b)A pupil who attends a school operated by a school district or a charter school, who is subsequently enrolled in individual instruction in a hospital or other residential health facility for a partial week, shall be entitled to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupils home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so.
SEC. 5.Section 48207.5 is added to the Education Code, to read:48207.5.Individual instruction in a pupils home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that the pupil shall receive this instruction.
SECTION 1.SEC. 6.Section 48208 of the Education Code is amended to read:48208.(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized individual instruction, and, if the determination is positive, when the individualized individual instruction may commence. Individualized Individual instruction shall commence no later than five working days after a positive determination has been rendered.
(2)Provide the pupil with individualized individual instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program to have the school district the pupil previously attended provide the pupil with individualized individual instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individualized individual instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, 42238.05, effective the date on which individualized individual instruction commenced. commenced, except as provided in Section 48207.
SEC. 7.Section 51225.5 of the Education Code is amended to read:51225.5.(a)(1)The governing board of any a school district maintaining a high school may confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state. Honorary high school diplomas awarded pursuant to this section shall be clearly distinguishable from the regular diplomas of graduation awarded by the district.
(2)The governing board of a school district maintaining a high school may confer an honorary high school diploma upon a pupil who is terminally ill.
(b)An honorary high school diploma awarded pursuant to this section shall be clearly distinguishable from the regular diploma of graduation awarded by the school district.
SEC. 8.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.
(a)It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupils presence in a qualifying hospital.
(b)Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following:
(1)Within five working days of receipt of the notification, determine whether the pupil will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may commence. Individualized instruction shall commence no later than five working days after the a positive determination has been rendered.
(2)Provide the pupil with individualized instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program, program to have the school district the pupil previously attended provide the pupil with individualized instruction pursuant to Section 48206.3.
(3)Within five working days of the commencement of individualized instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.5, effective the date on which individualized instruction commenced.
|
Date
|
Status
|
|---|---|
| Aug 20, 2018 | Chaptered by Secretary of State - Chapter 167, Statutes of 2018. |
| Aug 20, 2018 | Approved by the Governor. |
| Aug 9, 2018 | Enrolled and presented to the Governor at 11:30 a.m. |
| Aug 6, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Jul 3, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 5 pursuant to Assembly Rule 77. |
| Jul 2, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 26, 2018 | Read second time. Ordered to Consent Calendar. |
| Jun 25, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 6, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 6). Re-referred to Com. on APPR. |
| May 25, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 17, 2018 | Referred to Com. on ED. |
| May 3, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 3, 2018 | Read third time. Passed. Ordered to the Senate. |
| Apr 26, 2018 | Read second time. Ordered to Consent Calendar. |
| Apr 25, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 25). |
| Apr 12, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 11). Re-referred to Com. on APPR. |
| Apr 5, 2018 | Re-referred to Com. on ED. |
| Apr 4, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 21, 2018 | Re-referred to Com. on ED. |
| Mar 20, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 19, 2018 | Referred to Com. on ED. |
| Feb 9, 2018 | From printer. May be heard in committee March 11. |
| Feb 8, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 6, 2018 | AB 2109 O'DONNELL Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 2, 2018 | Consent Calendar AB2109 | Senate Floor |
Passed |
|
| Jun 6, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 3, 2018 | AB 2109 O'DONNELL Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 25, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 11, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 65 individuals | ** Support | Apr 9, 2018 |
| America'S Physician Groups | ** Support | Jun 27, 2018 |
| American Academy of Pediatrics | ** Support | Jun 27, 2018 |
| American Kidney Fund | ** Support | Jun 27, 2018 |
| Association Of California School Administrators | ** Support | Jun 27, 2018 |
| Bay Area Student Activists | ** Support | Jun 27, 2018 |
| California Action Link For Rare Diseases | ** Support | Jun 27, 2018 |
| California Children'S Hospital Association | ** Support | Jun 27, 2018 |
| California Federation Of Teachers | ** Support | Jun 27, 2018 |
| California Hospital Association | ** Support | Jun 27, 2018 |
| California Immigrant Policy Center | ** Support | Jun 27, 2018 |
| California School Boards Association | ** Support | Jun 27, 2018 |
| California School Employees Association | ** Support | Jun 27, 2018 |
| California School Nurses | * Support | Apr 11, 2018 |
| California School Nurses Organization | ** Support | Jun 27, 2018 |
| California Teachers Association | ** Support | Jun 27, 2018 |
| Children'S Specialty Care Coalition | ** Support | Jun 27, 2018 |
| Disability Rights California | * For If Amend | Apr 11, 2018 |
| Los Angeles Unified School District | ** Support | Jun 27, 2018 |
| Lucile Packard Children's Hospital Stanford | ** Support | Jun 27, 2018 |
| Numerous individuals | ** Support | Jun 27, 2018 |
| Oakland Unified School District Alternative Education | ** Support | Apr 9, 2018 |
| San Bernardino County District Advocates for Better Schools | ** Support | Jun 27, 2018 |
| self | * Support | Apr 11, 2018 |
| UCSF Benioff Children's Hospital Oakland | ** Support | Jun 27, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2109
Author:(O'Donnell)
As Amended Ver:May 25, 2018
Majority vote
ASSEMBLY: | 71-0 | (May 3, 2018) | SENATE: | 37-0 | (July 2, 2018) |
Original Committee Reference: ED.
SUMMARY: Ensures that students who have been hospitalized or receiving instruction at home due to a serious illness are able to return to school in a timely manner or to attend school on days that they are not receiving treatment, and authorizes schools to grant honorary diplomas to students who are terminally ill, among other changes.
The Senate amendments:
- Clarify that nothing in this section limits any rights of a student with a temporary disability who is also an individual with exceptional needs.
- Authorizes county offices of education and charter schools to confer an honorary high school diploma to a student who is terminally ill.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Need for the bill. According to the author, "Unclear statutes have led some school districts to disenroll students once they become students of a hospital school. This means that parents have to re-enroll their students, which can lead to delays in students attending school, or students being unable to return to their prior school, particularly if the school or program is in high demand. The practice of disenrolling hospital students has led to situations where students who require a partial week of instruction (e.g. two days per week of kidney dialysis) are unable to attend school in their home districts for the remaining days of the week. When a student remains enrolled during hospital instruction, they are sometimes marked absent by their home school district."
This bill addresses the educational needs of students experiencing serious illness by:
- Allowing students attending hospital programs to return to the schools where they were previously enrolled, in a timely manner.
- Clarifying that a student who is enrolled in a hospital program for a partial week while receiving treatment, remains eligible to attend school on days when the student is at home.
- Ensuring that students enrolled in hospital programs are not receiving truancy notices from their districts of residence.
- Informing parents about local policies regarding eligibility and duration of home and hospital instruction.
- Clarifying that home instruction is to begin within five working days after a determination that it is required.
- Clarifying that nothing in this section limits any rights of a student with exceptional needs who also has a temporary disability.
- Authorizing school districts, charter schools, and county offices of education to issue honorary diplomas to students who are terminally ill.
Number of students accessing home and hospital instruction. According to the California Department of Education, in 2016-17 there were a total of 99,681 distinct students who were reported as either enrolled in a home/hospital school or taking courses with a home/hospital instructional strategy.
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087 FN: 0003605
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2109
:
SENATE EDUCATION COMMITTEE: 6-0, 6/6/18
AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/3/18 (Consent) - See last page for vote
DIGEST:
This bill authorizes a student with a temporary disability to remain enrolled in a school district or charter school while receiving individual instruction in a hospital or other residential health facility, and requires such student to be allowed to return to same school that the student attended immediately prior to receiving individual instruction or to a school in the district of residence, as specified.
Existing law:
- Requires that a student with a temporary disability which makes attendance in the regular day classes or alternative education program impossible or inadvisable receive individual instruction provided by the district in which the student is deemed to reside. (Education Code § 48206.3)
- Provides that, for purposes of computing average daily attendance, each clock hour of teaching time devoted to individual instruction counts as one day of attendance. (EC § 48206.3)
- Deems a student with a temporary disability who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the student resides as having complied with the residency requirements for school attendance in the school district in which the hospital is located. (EC § 48207)
- Requires a school district, upon notification of the student’s presence in a qualifying hospital, do all of the following:
- Within five working days of receipt of the notification, determine whether the student will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may begin. Existing law requires individualized instruction to begin no later than five working days after the positive determination has been rendered.
- Provide the student with individualized instruction. Existing law authorizes the school district to enter into an agreement with the school district in which the student previously attended regular day classes or an alternative education program, to have the prior school district provide the individualized instruction.
- Within five working days of the beginning of individualized instruction, provide the prior school district with written notice that the student is not to be counted by that district for purposes of average daily attendance, effective the date on which individualized instruction began. (EC § 48208)
- Within five working days of receipt of the notification, determine whether the student will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may begin. Existing law requires individualized instruction to begin no later than five working days after the positive determination has been rendered.
- Provides the following definitions:
- “Individual instruction” means instruction provided to an individual student in the student’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the State Board of Education.
- “Temporary disability” means a physical, mental, or emotional disability incurred while a student is enrolled in regular day classes or an alternative education program, and after which the student can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Existing law provides that a temporary disability does not include a disability for which a student is identified as an individual with exceptional needs. (EC § 48206.3)
- “Individual instruction” means instruction provided to an individual student in the student’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the State Board of Education.
- Authorizes the governing board of any school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state. Existing law requires honorary high school diplomas to be clearly distinguishable from the regular diplomas of graduation awarded by the district. (EC § 51225.5)
This bill:
General
- Authorizes a school district or charter school to continue to enroll a student with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the student in his/her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a student who is receiving individual instruction for fewer than five days per week.
- Requires that a student who received individual instruction and who is well enough to return to a school to be allowed to return to the school (including a charter school) that the student attended immediately before receiving individual instruction, if the student returns during the same school year in which the individual instruction was initiated.
- Requires that a student who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to be entitled to attend school in the district of residence (or receive individual instruction at home from the district of residence) on days in which the student is not receiving instruction in a hospital or other facility.
- Clarifies that a student with a temporary disability is to receive individual instruction at home provided by the school district in which the student is a resident, or individual instruction in a hospital or other residential health facility (except a state hospital) provided by the school district in which the facility is located.
- Clarifies that individual instruction in a student’s home is to begin no later than five working days after the school district has determined that the student is to receive individual instruction (current law does not clearly include in-home instruction in this timeline).
- Clarifies that nothing in this bill is to be construed to limit any rights accruing to a student with a temporary disability who is also identified as an individual with exceptional needs.
- Requires the supervisor of attendance to ensure that absences from a student’s regular school program are excused until the student is able to return to the regular school program.
Average Daily Attendance (ADA)
- Specifies that, for purposes of calculating ADA, a student may only be counted:
- By the school district of residence or charter school for days on which the student is in attendance in that school district or charter school.
- By the school district in which the hospital or other facility is located for days on which the student is receiving instruction in the hospital or facility.
- By the school district of residence or charter school for days on which the student is in attendance in that school district or charter school.
- Prohibits the total attendance counted for purposes of calculating ADA, including days of attendance in a hospital or other facility, from exceeding five days per week.
Honorary high school diploma
- Authorizes the governing board of a school district or county office of education, and the governing body of a charter school maintaining a high school to confer an honorary high school diploma upon a student who is terminally ill.
Miscellaneous
- Requires the currently-required notice of the availability of individual instruction to include information regarding a student’s eligibility for, and the duration of, individual instruction.
- Changes references to “individualized instruction” to “individual instruction.”
- Deletes an obsolete section that authorizes school districts that had a program of individual instruction prior to 1986, to continue to operate such program.
Comments
Need for the bill. According to the author, “Unfortunately, unclear statutes have led some school districts to disenroll students once they become students of a hospital school. This means that parents have to re-enroll their students, which can lead to delays in students attending school, or students being unable to return to their prior school, particularly if the school or program is in high demand. The practice of disenrolling hospital students has led to situations where students who require a partial week of instruction (e.g. two days per week of kidney dialysis) are unable to attend school in their home districts for the remaining days of the week. When a student remains enrolled during hospital instruction, they are sometimes marked absent by their home school district.”
Number of students accessing home and hospital instruction. According to the California Department of Education, for the 2016-17 school year, there were a total of 99,681 distinct students who were reported as either enrolled in a home/hospital school or taking courses with a home/hospital instructional strategy.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American Academy of Pediatrics
American Kidney Fund
America’s Physician Groups
Association of California School Administrators
Bay Area Student Activists
California Action Link for Rare Diseases (Cal Rare)
California Children’s Hospital Association
California Federation of Teachers
California Hospital Association
California Immigrant Policy Center
California School Boards Association
California School Employees Association
California School Nurses Organization
California Teachers Association
Children’s Specialty Care Coalition
Los Angeles Unified School District
Lucile Packard Children’s Hospital Stanford
San Bernardino County District Advocates for Better Schools
UCSF Benioff Children’s Hospital Oakland
Numerous individuals
OPPOSITION: (Verified 6/26/18)
ASSEMBLY FLOOR: 71-0, 5/3/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Caballero, Choi, Cristina Garcia, Grayson, Quirk-Silva, Voepel
6/27/18 10:23:41
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: Hearing Date: June 6, 2018
Author: | O'Donnell | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill authorizes a student with a temporary disability to remain enrolled in a school district or charter school while receiving individual instruction in a hospital or other residential health facility, and requires such student to be allowed to return to same school that the student attended immediately prior to receiving individual instruction or to a school in the district of residence, as specified.
BACKGROUND
Existing law:
- Requires that a student with a temporary disability which makes attendance in the regular day classes or alternative education program impossible or inadvisable receive individual instruction provided by the district in which the student is deemed to reside. (Education Code § 48206.3)
- Provides that, for purposes of computing average daily attendance, each clock hour of teaching time devoted to individual instruction counts as one day of attendance. (EC § 48206.3)
- Deems a student with a temporary disability who is in a hospital or other residential health facility, excluding a state hospital, which is located outside of the school district in which the student resides as having complied with the residency requirements for school attendance in the school district in which the hospital is located. (EC § 48207)
- Requires a school district, upon notification of the student’s presence in a qualifying hospital, do all of the following:
- Within five working days of receipt of the notification, determine whether the student will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may begin. Existing law requires individualized instruction to begin no later than five working days after the positive determination has been rendered.
- Provide the student with individualized instruction. Existing law authorizes the school district to enter into an agreement with the school district in which the student previously attended regular day classes or an alternative education program, to have the prior school district provide the individualized instruction.
- Within five working days of the beginning of individualized instruction, provide the prior school district with written notice that the student is not to be counted by that district for purposes of average daily attendance, effective the date on which individualized instruction began. (EC § 48208)
- Within five working days of receipt of the notification, determine whether the student will be able to receive individualized instruction, and, if the determination is positive, when the individualized instruction may begin. Existing law requires individualized instruction to begin no later than five working days after the positive determination has been rendered.
- Provides the following definitions:
- “Individual instruction” means instruction provided to an individual student in the student’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the State Board of Education.
- “Temporary disability” means a physical, mental, or emotional disability incurred while a student is enrolled in regular day classes or an alternative education program, and after which the student can reasonably be expected to return to regular day classes or the alternative education program without special intervention. Existing law provides that a temporary disability does not include a disability for which a student is identified as an individual with exceptional needs. (EC § 48206.3)
- “Individual instruction” means instruction provided to an individual student in the student’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the State Board of Education.
- Authorizes the governing board of any school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state. Existing law requires honorary high school diplomas to be clearly distinguishable from the regular diplomas of graduation awarded by the district. (EC § 51225.5)
ANALYSIS
This bill:
General
- Authorizes a school district or charter school to continue to enroll a student with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the student in his/her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a student who is receiving individual instruction for fewer than five days per week.
- Requires that a student who received individual instruction and who is well enough to return to a school to be allowed to return to the school (including a charter school) that the student attended immediately before receiving individual instruction, if the student returns during the same school year in which the individual instruction was initiated.
- Requires that a student who is enrolled in individual instruction in a hospital or other residential health facility for a partial week to be entitled to attend school in the district of residence (or receive individual instruction at home from the district of residence) on days in which the student is not receiving instruction in a hospital or other facility.
- Clarifies that a student with a temporary disability is to receive individual instruction at home provided by the school district in which the student is a resident, or individual instruction in a hospital or other residential health facility (except a state hospital) provided by the school district in which the facility is located.
- Clarifies that individual instruction in a student’s home is to begin no later than five working days after the school district has determined that the student is to receive individual instruction (current law does not clearly include in-home instruction in this timeline).
- Clarifies that nothing in this bill is to be construed to limit any rights accruing to a student with a temporary disability who is also identified as an individual with exceptional needs.
- Requires the supervisor of attendance to ensure that absences from a student’s regular school program are excused until the student is able to return to the regular school program.
Average Daily Attendance (ADA)
- Specifies that, for purposes of calculating ADA, a student may only be counted:
- By the school district of residence or charter school for days on which the student is in attendance in that school district or charter school.
- By the school district in which the hospital or other facility is located for days on which the student is receiving instruction in the hospital or facility.
- By the school district of residence or charter school for days on which the student is in attendance in that school district or charter school.
- Prohibits the total attendance counted for purposes of calculating ADA, including days of attendance in a hospital or other facility, from exceeding five days per week.
Honorary high school diploma
- Authorizes the governing board of a school district or county office of education, and the governing body of a charter school maintaining a high school to confer an honorary high school diploma upon a student who is terminally ill.
Miscellaneous
- Requires the currently-required notice of the availability of individual instruction to include information regarding a student’s eligibility for, and the duration of, individual instruction.
- Changes references to “individualized instruction” to “individual instruction.”
- Deletes an obsolete section that authorizes school districts that had a program of individual instruction prior to 1986, to continue to operate such program.
STAFF COMMENTS
- Need for the bill. According to the author, “Unfortunately, unclear statutes have led some school districts to disenroll students once they become students of a hospital school. This means that parents have to re-enroll their students, which can lead to delays in students attending school, or students being unable to return to their prior school, particularly if the school or program is in high demand. The practice of disenrolling hospital students has led to situations where students who require a partial week of instruction (e.g. two days per week of kidney dialysis) are unable to attend school in their home districts for the remaining days of the week. When a student remains enrolled during hospital instruction, they are sometimes marked absent by their home school district.”
- Number of students accessing home and hospital instruction. According to the California Department of Education, for the 2016-17 school year, there were a total of 99,681 distinct students who were reported as either enrolled in a home/hospital school or taking courses with a home/hospital instructional strategy.
- Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose potentially reimbursable ongoing mandate costs, likely in the thousands of dollars annually, for schools to inform parents about policies regarding home and hospital instruction and grant honorary diplomas to terminally ill students.
SUPPORT
American Academy of Pediatrics
American Kidney Fund
America’s Physician Groups
Association of California School Administrators
Bay Area Student Activists
California Action Link for Rare Diseases (Cal Rare)
California Federation of Teachers
California Hospital Association
California Immigrant Policy Center
California School Boards Association
California School Employees Association
California School Nurses Organization
California Teachers Association
Los Angeles Unified School District
Lucile Packard Children’s Hospital Stanford
San Bernardino County District Advocates for Better Schools
UCSF Benioff Children’s Hospital Oakland
Numerous individuals
OPPOSITION
None received
-- END --
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2109
Author:(O'Donnell) – As Amended Ver:April 4, 2018
Policy Committee: | Education | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill clarifies and changes statute to ensure students with serious illnesses may progress in school more seamlessly. Specifically, this bill allows a student attending a home or hospital school program to return to the school where they were previously enrolled in a timely manner; clarifies that a student who is enrolled in a hospital school program for a partial week while receiving treatment remains eligible to attend school on days when the student is at home; requires a school to excuse absences of a student receiving home or hospital instruction; requires a school to inform parents about local policies regarding eligibility and duration of home and hospital instruction; and authorizes a school district to issue honorary diplomas to a student who is terminally ill.
FISCAL EFFECT:
Potentially reimbursable ongoing mandate costs, likely in the thousands of dollars annually, for schools to inform parents about policies regarding home and hospital instruction and grant honorary diplomas to terminally ill students.
COMMENTS:
- Background. Existing law specifies a student with a temporary disability that makes attendance at a traditional school impossible or inadvisable is to receive individual instruction provided by their school district. Existing law also authorizes a school to issue an honorary high school diploma to a foreign exchange student who has not completed the course of study required for graduation, and who is returning to their home country following the completion of one academic school year in a school district in the state.
- Purpose. According to the author:
Unclear statutes have led some school districts to dis-enroll students once they become students of a hospital school. This means that parents have to re-enroll their students, which can lead to delays in students attending school, or students being unable to return to their prior school. The practice of dis-enrolling students receiving hospital instruction has led to situations where students who require a partial week of instruction…are unable to attend school in their home districts for the remaining days of the week. When a student remains enrolled during hospital instruction, they are sometimes marked absent by their home school district. As a result, [parents] may receive truancy notices.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 11, 2018
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 2109 (
Author:O'Donnell) – As Amended Ver:April 4, 2018
SUBJECT: Pupils: pupils with a temporary disability: individual instruction: pupils who are terminally ill: honorary diplomas
SUMMARY: Ensures that students who have been hospitalized or receiving instruction at home due to a serious illness are able to return to school in a timely manner or to attend school on days that they are not receiving treatment, and authorizes schools to grant honorary diplomas to students who are terminally ill, among other changes. Specifically, this bill:
- Clarifies that a pupil with a temporary disability unable to attend regular classes, is to receive either individual instruction at home provided by their home school district or individual instruction in a hospital or other residential health facility, other than a state hospital, provided by the school district in which the hospital or health facility is located.
- Requires schools, in notifying parents of the availability of individualized instruction to a child suffering from a temporary disability, to include information on the pupil’s eligibility for, and the duration of, individual instruction.
- Authorizes a school district or charter school to continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended.
- Specifies that a school district or charter school may only claim average daily attendance (ADA) for a pupil who remains enrolled while receiving individual instruction in a hospital or other residential health facility on those days the student is in attendance at the school district or charter school.
- Specifies that a school district providing hospital instruction for a pupil who remains enrolled in their home school district may only claim average daily attendance on those days on which the pupil is receiving individual instruction in the hospital or residential health facility.
- Specifies that the total attendance counted for purposes of computing ADA for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, must not exceed five days per week or the equivalent.
- Specifies that a pupil receiving individual instruction, who is well enough to return to school, must be allowed to return to the school he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated.
- Authorizes a pupil’s home school district or charter school to continue to enroll a pupil with a temporary disability who receiving individual instruction in a hospital or other residential health facility for fewer than five days of instruction per week and specifies that the pupil is entitled to attend school in their home district or charter school on the days the pupil is not receiving hospital instruction, if he or she is well enough to do so.
- Requires that individual instruction in a pupil’s home for students with a temporary disability must commence within five working days after a school district determines that the pupil is to receive this instruction.
- Requires a supervisor of attendance, when a pupil with a temporary disability is receiving individual instruction in the home or a hospital or other residential health facility, to ensure that the absences from the pupil’s regular school program are excused until the pupil is able to return to the regular school program.
- Authorizes a school district which offers high school to confer an honorary high school diploma upon a pupil who is terminally ill and specifies that the honorary diploma be clearly distinguishable from the regular diploma of graduation awarded by the school district.
EXISTING LAW:
- Specifies that a pupil with a temporary disability that makes attendance in the regular day classes or alternative education program, in which the pupil is enrolled impossible or inadvisable, is to receive individual instruction provided by the school district where the pupil resides (EC 48206.3).
- Defines “individual instruction” as instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, other than state hospitals (EC 48206.3).
- Defines “temporary disability” as a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program and after which the pupil can reasonably be expected to return to school, but does not include a disability for which a pupil would be identified as an individual with exceptional needs (EC 48206.3).
- Specifies that for purposes of computing average daily attendance (ADA), each clock hour of teaching time devoted to individual instruction will count as one day of attendance (EC 48206.3).
- Prohibits a school district from crediting a pupil with more than five days of attendance per week or more than the total number of school days per year (EC 48206.3).
- Specifies that a pupil with a temporary disability who is in a hospital or other residential health facility located outside of the school district in which the parent resides will have complied with the residency requirement for school attendance in the school district in which the hospital is located (EC 48207).
- Specifies that upon receipt of notification by a parent that a pupil has a temporary disability and is hospitalized, the school district in which the hospital is located must do all of the following: (EC 48208)
- Within five days, determine whether the pupil will be able to receive individual instruction and if so, that instruction must commence within five days of the positive determination.
- Provide the pupil with individual instruction or enter into an agreement with the school district the pupil attended prior to the hospitalization to have that school district provide the pupil with individual instruction.
- Within five working days of the commencement of individual instruction, provide the school district the pupil previously attended with written notice that the pupil must not be counted by that school district for purposes of computing ADA effective the date of commencement of the individual instruction.
- Authorizes the governing board of a school district maintaining a high school to confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state (EC 51225.5).
- Specifies that the honorary high school diploma awarded must be clearly distinguishable from the regular diplomas of graduation awarded by the district (EC 51225.5).
- Specifies that pupils between the ages of 6 and 18 years, unless otherwise exempted, are subject to compulsory full-time education. Each person subject to compulsory full-time education must attend the public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing board of the school district in which the residency of either the parent or legal guardian is located (EC 48200).
- Requires each school district and each county office of education to appoint a supervisor of attendance to supervise the attendance of pupils in the school district or county. The duties of the supervisor of attendance include specific duties related to compulsory full-time education, truancy, work permits, compulsory continuation education, and opportunity schools, classes, and programs (EC 48240).
FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as a state-mandated local program.
COMMENTS: Need for the bill. According to the author,
“Unfortunately, unclear statutes have led some school districts to dis-enroll students once they become students of a hospital school. This means that parents have to re-enroll their students, which can lead to delays in students attending school, or students being unable to return to their prior school.
The practice of dis-enrolling students receiving hospital instruction has led to situations where students who require a partial week of instruction (e.g. two days per week of kidney dialysis) are unable to attend school in their home districts for the remaining days of the week.
When a student remains enrolled during hospital instruction, they are sometimes marked absent by their home school district. As a result, the parents of seriously ill students, who are in fact attending school in a hospital, may receive truancy notices.
AB 2109 will protect the education rights of seriously ill students allowing them to access instruction when they are well enough to participate.”
This bill addresses the educational needs of students experiencing serious illness by:
- Allowing students attending hospital programs to return to the schools where they were previously enrolled, in a timely manner.
- Clarifying that a student who is enrolled in a hospital program for a partial week while receiving treatment, remains eligible to attend school on days when the student is at home.
- Ensuring that students enrolled in hospital programs are not receiving truancy notices from their districts of residence.
- Informing parents about local policies regarding eligibility and duration of home and hospital instruction.
- Clarifying that home instruction is to begin within five working days after a determination that it is required.
- Authorizing school districts to issue honorary diplomas to students who are terminally ill.
Hospitalizations among children and youth. According to the Lucille Packard Foundation for Children’s Health, more than 1 million California children and youth have a need for health care services of a type or amount beyond that required by children generally. Their ongoing health problems—physical, behavioral, or developmental—can affect their ability to function and participate in important educational and social activities. In some cases their health problems can shorten their lives. Medical care for children with special health care needs is often complicated by the co-occurrence of social, emotional, and academic problems. Because of the higher caregiving burdens, families of children with special health needs tend to experience more stress and difficulties with employment and finances than other families
Nearly 234,000 California children under age 18 were discharged from hospitals in 2015, a decrease of about 20% from 2002. Among those discharged in 2015, 13% had a primary diagnosis of mental disease or disorder, followed by asthma/bronchitis (8%), pneumonia/pleurisy, and seizures/headaches (4%). Statewide, mental diseases and disorders have been the most common cause of childhood hospitalization since 2008.
Number of students accessing home and hospital instruction. According to CDE, for the 2016-17 school year, there were a total of 99,681 distinct students who were reported as either enrolled in a home/hospital school or taking courses with a home/hospital instructional strategy.
Arguments in support. In addition to the organizations listed below, supporters of this bill include current and former patients of home/hospital programs, parents, and home/hospital teachers and volunteers.
Sample comments from current or former pupils receiving home or hospital instruction:
- Hospital school allowed me to stay caught up with my peers academically when going through my treatments. Having both my school district and hospital school work together made it possible for me to graduate with my classmates.
- Being plagued with a debilitating, unknown chronic pain condition has ripped away my ability to attend school with any consistency. The hospital school allowed me to receive the instruction I needed to stay current with my grade level.
- I have cystic fibrosis and grew up in the hospital during my school years. The hospital school allowed me to keep up with my grades as if I never missed a day. To be marked absent or to have any educational marks against you from the school you normally attend while in hospital is absolutely absurd.
- While waiting for my heart transplant and for three months after the transplant, I was unable to attend school, so I attended the hospital school. This allowed me to keep up with my peers. Otherwise, I would have had to repeat my entire year of classes.
Sample comments from home & hospital teachers:
- Families in crisis are being intimidated by schools accusing them of truancy, worried about keeping up with academics, and concerned their children won’t be able to return to the comfort and familiarity of their school once they are discharged from hospital.
- One of my students had suffered a series of strokes, after a ruptured AVM. In contacting his home school, I was told that as the student was an inpatient in hospital, he was truant and would be dropped from their rolls as the student could not be enrolled in two places simultaneously. After fighting to live and enduring lengthy rehabilitation therapies, the student was required to re-enroll at his home school, was given a different class schedule, and received only a quarter semester of credit.
- I routinely have students wait months for a teacher to begin working with them after I submit a request for home instruction. In some cases, there is no word from the district as to when a teacher will begin coming to the home.
- Having worked with hundreds of different school districts during my 22 years at the hospital school, I’ve encountered a vast range of attitudes towards working with these students. Because existing laws are vague or nonexistent, districts have interpreted the law to best fit their ability to serve, rather than offering services in the best interest of the child.
- Some families have struggled to find education plans that included both time on campus and time away for infusion or dialysis treatments that demanded full-day absences.
Sample comments from parents:
- I’ve had trouble getting my daughter’s school to follow her accommodations correctly, which involved her being dropped from classes, being marked as unexcused absent when she was hospitalized, and giving her bad grades for being absent, and in general just not trying to help.
- I am the parent of a child diagnosed with a rare, life-threatening brain condition five years ago. I can’t begin to describe the heartbreak it is to get a truancy notice for your child when you want nothing more than for them to be in school full-time like a “regular” kid. I try to laugh, but I cry each time I receive a truancy notice.
REGISTERED SUPPORT / OPPOSITION:
Support
American Academy of Pediatrics
American Kidney Fund
Association of California School Administrators
California Action Link for Rare Diseases
California Hospital Association
California School Employees Association
California School Nurses Organization
Oakland Unified School District Alternative Education
UCSF Benioff Children’s Hospital Oakland
65 individuals
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
Discussed in Hearing
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