AB 1503: Pupil attendance: excused absences: religious retreats.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-13
Current Status:
Passed
(2023-10-13: Chaptered by Secretary of State - Chapter 846, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill changes California law so students may be excused for attending religious retreats for up to one full school day per semester, instead of the prior limit of four hours per semester, affecting pupils and school attendance rules.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, for certain justifiable personal reasons. Existing law includes attendance at a religious retreat among these justifiable personal reasons and prohibits attendance at religious retreats from exceeding 4 hours per semester for purposes of this provision.
This bill, for purposes of the above-described provisions, would instead prohibit attendance at religious retreats from exceeding one schoolday per semester. To the extent that this bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by SB 350 to be operative only if this bill and SB 350 are enacted and this bill is enacted last.
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.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, for certain justifiable personal reasons. Existing law includes attendance at a religious retreat among these justifiable personal reasons and prohibits attendance at religious retreats from exceeding 4 hours per semester for purposes of this provision.
This bill, for purposes of the above-described provisions, would instead prohibit attendance at religious retreats from exceeding one schoolday per semester. To the extent that this bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by SB 350 to be operative only if this bill and SB 350 are enacted and this bill is enacted last.
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.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, for certain justifiable personal reasons. Existing law includes attendance at a religious retreat among these justifiable personal reasons and prohibits attendance at religious retreats from exceeding 4 hours per semester for purposes of this provision.
This bill, for purposes of the above-described provisions, would instead prohibit attendance at religious retreats from exceeding one schoolday per semester. To the extent that this bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 48205 of the Education Code proposed by SB 350 to be operative only if this bill and SB 350 are enacted and this bill is enacted last.
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.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, for certain justifiable personal reasons. Existing law includes attendance at a religious retreat among these justifiable personal reasons and prohibits attendance at religious retreats from exceeding 4 hours per semester for purposes of this provision.
This bill, for purposes of the above-described provisions, would instead prohibit attendance at religious retreats from exceeding one schoolday per semester. To the extent that this bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of the pupils immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the habits, practices, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
SEC. 1.5.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Senate Bill 350. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 48205 of the Education Code, and (3) this bill is enacted after Senate Bill 350, in which case Section 1 of this bill shall not become operative.
SEC. 3.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)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of the pupils immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the habits, practices, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
SEC. 1.5.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Senate Bill 350. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 48205 of the Education Code, and (3) this bill is enacted after Senate Bill 350, in which case Section 1 of this bill shall not become operative.
SEC. 3.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)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of the pupils immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the habits, practices, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
SEC. 1.5.Section 48205 of the Education Code is amended to read:48205.(a)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of or grieving the death of either a member of the pupils immediate family, or of a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California. five days per incident.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)(A)For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, has died, so long as the absence is not more than three days per incident.
(i)To access services from a victim services organization or agency.
(ii)To access grief support services.
(iii)To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupils parent or guardian to be in such close association with the pupil as to be considered the pupils immediate family, including, but not limited to, temporary or permanent relocation.
(B)Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260.
(13)(14)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the habits, practices, habits, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
(4)Victim services organization or agency has the same meaning as defined in paragraph (7) of subdivision (g) of Section 230.1 of the Labor Code.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 48205 of the Education Code proposed by both this bill and Senate Bill 350. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 48205 of the Education Code, and (3) this bill is enacted after Senate Bill 350, in which case Section 1 of this bill shall not become operative.
SEC. 2.SEC. 3.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)Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1)Due to the pupils illness, including an absence for the benefit of the pupils mental or behavioral health.
(2)Due to quarantine under the direction of a county or city health officer.
(3)For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4)For the purpose of attending the funeral services of a member of the pupils immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5)For the purpose of jury duty in the manner provided for by law.
(6)Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7)For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupils religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupils absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8)For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9)For the purpose of spending time with a member of the pupils immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10)For the purpose of attending the pupils naturalization ceremony to become a United States citizen.
(11)For the purpose of participating in a cultural ceremony or event.
(12)(A)For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence.
(B)(i)A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii)A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13)Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b)A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c)For purposes of this section, attendance at religious retreats shall not exceed four hours one schoolday per semester.
(d)Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e)For purposes of this section, the following definitions apply:
(1)A civic or political event includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2)Cultural means relating to the habits, practices, beliefs, and traditions of a certain group of people.
(3)Immediate family means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Oct 13, 2023 | Chaptered by Secretary of State - Chapter 846, Statutes of 2023. |
| Oct 13, 2023 | Approved by the Governor. |
| Sep 21, 2023 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1. Page 3375.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2633.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 7, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Jul 3, 2023 | In committee: Referred to APPR suspense file. |
| Jun 21, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 14, 2023 | Referred to Com. on ED. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 2129.) |
| May 26, 2023 | Coauthors revised. |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| Apr 19, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 30, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Mar 9, 2023 | Referred to Com. on ED. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 1503 Lee Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB1503 Lee et al. By Ashby | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 21, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Jun 1, 2023 | AB 1503 Lee Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | 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
|
|---|---|---|
| California Association Of Private School Organizations | ** Support | |
| California Catholic Conference | ** Support | |
| Council on American-Islamic Relations | ** Support | |
| Generation Up | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1503
Author:(Lee)
As Amended Ver:September 7, 2023
Majority vote
SUMMARY
Extends the excused absence provision for a student to attend a religious retreat from four hours or a half-day to one full day.
Senate Amendments
Incorporate additional changes to Education Code Section 48205 proposed by SB 350 (Ashby) of the current legislative session to be operative only if this bill and SB 350 are enacted and this bill is enacted last.
COMMENTS
Excused absences. California's compulsory education law requires every child between the ages of 6 through 18 to attend school full-time and their parents and legal guardians to be responsible for ensuring that children attend school. A student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.
Current law establishes excused absences a number of reasons, including illness, quarantine, medical appointments, attending a funeral, jury duty, illness of the student's child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military, as well as for other reasons deemed to constitute a valid excuse by a school administrator.
According to the Author
"California is home to the most diverse population in the nation and became the first to become a "minority-majority" state in 2000. It is often understood we institute a two-week winter break in our schools to allow families to gather during Christmas, which is a holiday of the Christian faith. However, there are many different faiths that have been overlooked, and AB 1503 is an attempt to recognize the State's rich diversity by providing students a full-day excused absence for any religious reason. Every student, regardless of their background, should be able to spend quality time with their families, and celebrate long-lasting traditions."
Arguments in Support
The Council on American-Islamic Relations states "California has the largest Muslim population of any state in the country with over 1,000,000 Muslims. 56% of California Muslim students reported feeling unsafe in schools according to the CAIR-CA Bullying Report. This is the highest reported level since CAIR-CA began conducting its biennial surveys in 2013. Muslim students experience discrimination by both their peers and teachers, administrators, or other adults at the school. A bill ensuring a student's ability to celebrate religious holidays without penalty confronts Islamophobia and the "other-izing" of not only Muslim students, but all students who are religious minorities. There are a number of religious holidays that may not be recognized by a school district as an excused holiday, such as: Eid al-Fitr, Diwali, Rosh Hashanah, Ash Wednesday, and many others. These holidays hold significant meaning within different religious groups and the communities that engage in these celebrations, and a half day is often not enough time to celebrate. By allowing students to receive an excused absence of one full school day in K-12 schools to attend religious holidays and gatherings, this bill reinforces California’s commitment to diversity, inclusion, and fostering cultural competency."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee:
To the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency's average daily attendance (ADA), ultimately reducing its overall funding. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
VOTES:
ASM EDUCATION: 6-0-1
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, Quirk-Silva
ABS, ABST OR NV: McCarty
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Gabriel
UPDATED
VERSION: September 7, 2023
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0002356
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1503 |
THIRD READING
Bill No: AB 1503
Author: Lee (D), et al.
Amended: 9/7/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/21/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 79-0, 6/1/23 - See last page for vote
SUBJECT: Pupil attendance: excused absences: religious retreats
SOURCE: Council on American-Islamic Relations
DIGEST:
This bill extends the excused absences for a pupil to attend a religious retreat from four hours (half day) to one day (full day).
Senate Floor Amendments of 9/7/23 incorporate additional changes to Section 48205 of the Education Code proposed by SB 350 (Ashby) to be operative only if this bill and SB 350 are enacted and this bill is enacted last.
ANALYSIS:
Existing law:
- Clarifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and shall not generate state apportionment payments. (Education Code (EC) § 48205)
- Provides a list of reasons that constitute an excused absence, which include, among others that the absence of a student is to be excused when the absence is due to any of the following:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen; participating in a cultural ceremony or event.
- A middle school or high school pupil engaging in a civic or political event provided that the pupil notify the school ahead of the absence. (EC § 48205)
- Provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances. (EC § 48260)
- Clarifies each person between the ages of 6 and 18 years subject to compulsory full-time education and each person subject to compulsory continuation 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 where the parent or guardian is located. (EC § 48200)
This bill extends the excused absences for a pupil to attend a religious retreat from half day to a full day.
Comments
- Need for the bill. According to the author, “California is home to the most diverse population in the nation and became the first to become a “minority-majority” state in 2000. With a broad and diverse range of religious traditions and faiths, our state’s schools should better accommodate excused absences for religious reasons. AB 1503 is an attempt to recognize the State’s rich diversity by providing students a full-day excused absence for any religious reason. Every student, regardless of their background, should be able to spend quality time with their families, and celebrate long-lasting traditions.”
- Unexcused Absences Trigger Truancy Provisions. While excused and unexcused absences may be treated the same for funding purposes, they are not treated the same for attendance purposes. A student absent from school without a valid excuse on any day or tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant. By adding to the list of excused absences from school that a pupil is excused from school to receive services or to attend a funeral or grieve, this bill could reduce the number of unexcused absences and therefore reduce the number of truancies.
- Excused Absences Do Not Generate ADA. In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts the local educational agency (LEA’s) ADA, ultimately reducing their overall funding. While each absence may be insignificant relative to overall funding levels, absences affect overall funding in the aggregate. Under current law, all absences, whether excused or unexcused, reduce overall ADA.
- Chronic Absenteeism. The table below represents the chronic absentee data from the 2018-19 and 2021-22 school years (SY). The data shows significant differences amongst racial/ethnic groups, comparing the percentages of absences designated as excused vs. unexcused and in the overall average number of absences. The data shows that while unexcused and excused among race and ethnicity have primarily decreased slightly across the board, the average days absent have increased by 6.9% statewide.
Race/Ethnicity | Avg. Days Absent | Excused % | Unexcused% | |||
2018-19 SY | 2021-22 SY | 2018-19 SY | 2021-22 SY | 2018-19 SY | 2021-22 SY | |
African American | 13.2% | 22.3% | 38.1% | 35.5% | 52.7% | 48.2% |
American Indian or Alaska Native | 13.6% | 23.4% | 45.2% | 42% | 43.9% | 42.9% |
Asian | 6.2% | 9.6% | 66.3% | 65.6% | 31% | 28.4% |
Filipino | 7.3% | 11.2% | 64.2% | 67.5% | 32.1% | 26.3% |
Hispanic or Latino | 10.3% | 18.3% | 51.1% | 49.2% | 42.7% | 40.2% |
Pacific Islander | 12.3% | 21.4% | 49.1% | 47.7% | 44.9% | 42.2% |
White | 9.1% | 14.3% | 64% | 58.8% | 29.4% | 32.7% |
Two or More Races | 9.3% | 14.9% | 58.4% | 56.8% | 33.5% | 33.5% |
Not Reported | 10.3 | 16.7% | 50.8% | 50.1% | 38% | 38.6% |
Statewide | 9.8% | 16.7% | 54.1% | 51.3% | 39.5% | 38.6% |
NOTE: As a result of the statewide physical school closures that occurred in February/March 2020 due to the COVID-19 pandemic, the California Department of Education (CDE) has determined that the 2019–20 absenteeism data are not valid and reliable for the 2019–20 academic year; therefore, the CDE has not processed this data and are unavailable for public release (Source: CDE – Data Quest). | ||||||
For the first time in November of 2020, the CDE released statewide absenteeism data that provides information about the types of reasons students are absent. This data is disaggregated by race/ethnicity, gender, program subgroup, and grade span for multiple academic years. The reports also include filters that allow the data to be viewed along various dimensions, including by school type (charter and non-charter schools), alternative and traditional schools, chronically absent and non-chronically absent students, and gender.
According to the CDE, the absentee by reason report categories are excused absences, unexcused absences, absences due to out-of-school suspension, and incomplete independent study absences. Even if a student has excused absences, they are considered chronically absent if they miss 10 percent of the days they were expected to attend school.”
Related/Prior Legislation
SB 350 (Ashby, 2023) adds, to the list of excused absences from school, that a pupil can be excused from school (1) the ability to miss school to receive victim services, grief support services, or attend safety planning, as specified; and (2) to attend a funeral or to grieve for no longer than five days, as specified.
SB 955 (Leyva, Chapter 921, Statutes of 2022) permitted students in grades 6 – 12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino, Chapter 672, Statutes of 2021) included, among other things, “for the benefit of the behavioral health of the pupil” within the “illness” category for excused absences for purposes of school attendance.
AB 516 (M. Dahle, Chapter 281, Statutes of 2021) added participation in a cultural ceremony or event to the list of reasons that a pupil must be excused from school.
AB 2289 (Weber and Gonzalez Fletcher, Chapter 942, Statutes of 2018) required, among other things, parenting pupils to be excused from school without a doctor's note for the purpose of caring for their sick children or attending their children's medical appointments.
AB 1593 (Obernolte and Alejo, Chapter 92, Statutes of 2016) permitted a pupil’s attendance at his or her naturalization ceremony to become a United States citizen to be deemed an excused absence for purposes of computing average daily attendance.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, to the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency’s average daily attendance (ADA), ultimately reducing its overall funding. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.”
SUPPORT: (Verified 9/7/23)
Council on American-Islamic Relations (source)
California Association of Private School Organizations
California Catholic Conference
Generation Up
OPPOSITION: (Verified 9/7/23)
None received
ARGUMENTS IN SUPPORT: According to the Council on American-Islamic Relations, “Currently, California statute only allows a student to take four hours per semester of excused time for religious reasons. In Education Code section 48205(12(c), it reads: “Attendance at religious retreats shall not exceed four hours per semester.” However, school days are longer than 4 hours, so this excused absence of 4 hours would only constitute a half day in most cases. California has the largest Muslim population of any state in the country with over 1,000,000 Muslims. 56% of California Muslim students reported feeling unsafe in schools according to the CAIR-CA Bullying Report. This is the highest reported level since CAIR-CA began conducting its biennial surveys in 2013. Muslim students experience discrimination by both their peers and teachers, administrators, or other adults at the school. A bill ensuring a student’s ability to celebrate religious holidays without penalty confronts Islamophobia and the “other-izing” of not only Muslim students, but all students who are religious minorities. There are a number of religious holidays that may not be recognized by a school district as an excused holiday, such as: Eid al-Fitr, Diwali, Rosh Hashanah, Ash Wednesday, and many others. These holidays hold significant meaning within different religious groups and the communities that engage in these celebrations, and a half day is often not enough time to celebrate. California is a nationwide leader in new, innovative, and effective policy. With large numbers of Muslims within the Bay Area, Sacramento Region, and Southern California community and other interfaith communities, this is an opportunity for the state to adopt an inclusive policy that will provide the support the 56% of Muslim students who reported feeling unsafe at school. By allowing students to receive an excused absence of one full school day in K-12 schools to attend religious holidays and gatherings, this bill reinforces California’s commitment to diversity, inclusion, and fostering cultural competency.”
ASSEMBLY FLOOR: 79-0, 6/1/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Gabriel
Prepared by: Kordell Hampton / ED. / (916) 651-4105
9/8/23 16:25:34
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1503 |
THIRD READING
Bill No: AB 1503
Author: Lee (D), et al.
Introduced: 2/17/23
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/21/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 79-0, 6/1/23 - See last page for vote
SUBJECT: Pupil attendance: excused absences: religious retreats
SOURCE: Council on American-Islamic Relations
DIGEST:
This bill extends the excused absences for a pupil to attend a religious retreat from four hours (half day) to one day (full day).
ANALYSIS:
Existing law:
- Clarifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and shall not generate state apportionment payments. (Education Code (EC) § 48205)
- Provides a list of reasons that constitute an excused absence, which include, among others that the absence of a student is to be excused when the absence is due to any of the following:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen; participating in a cultural ceremony or event.
- A middle school or high school pupil engaging in a civic or political event provided that the pupil notify the school ahead of the absence. (EC § 48205)
- Provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances. (EC § 48260)
- Clarifies each person between the ages of 6 and 18 years subject to compulsory full-time education and each person subject to compulsory continuation 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 where the parent or guardian is located. (EC § 48200)
This bill extends the excused absences for a pupil to attend a religious retreat from half day to a full day.
Comments
- Need for the bill. According to the author, “California is home to the most diverse population in the nation and became the first to become a “minority-majority” state in 2000. With a broad and diverse range of religious traditions and faiths, our state’s schools should better accommodate excused absences for religious reasons. AB 1503 is an attempt to recognize the State’s rich diversity by providing students a full-day excused absence for any religious reason. Every student, regardless of their background, should be able to spend quality time with their families, and celebrate long-lasting traditions.”
- Unexcused Absences Trigger Truancy Provisions. While excused and unexcused absences may be treated the same for funding purposes, they are not treated the same for attendance purposes. A student absent from school without a valid excuse on any day or tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant. By adding to the list of excused absences from school that a pupil is excused from school to receive services or to attend a funeral or grieve, this bill could reduce the number of unexcused absences and therefore reduce the number of truancies.
- Excused Absences Do Not Generate ADA. In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts the local educational agency (LEA’s) ADA, ultimately reducing their overall funding. While each absence may be insignificant relative to overall funding levels, absences affect overall funding in the aggregate. Under current law, all absences, whether excused or unexcused, reduce overall ADA.
- Chronic Absenteeism. The table below represents the chronic absentee data from the 2018-19 and 2021-22 school years (SY). The data shows significant differences amongst racial/ethnic groups, comparing the percentages of absences designated as excused vs. unexcused and in the overall average number of absences. The data shows that while unexcused and excused among race and ethnicity have primarily decreased slightly across the board, the average days absent have increased by 6.9% statewide.
Race/Ethnicity | Avg. Days Absent | Excused % | Unexcused% | |||
2018-19 SY | 2021-22 SY | 2018-19 SY | 2021-22 SY | 2018-19 SY | 2021-22 SY | |
African American | 13.2% | 22.3% | 38.1% | 35.5% | 52.7% | 48.2% |
American Indian or Alaska Native | 13.6% | 23.4% | 45.2% | 42% | 43.9% | 42.9% |
Asian | 6.2% | 9.6% | 66.3% | 65.6% | 31% | 28.4% |
Filipino | 7.3% | 11.2% | 64.2% | 67.5% | 32.1% | 26.3% |
Hispanic or Latino | 10.3% | 18.3% | 51.1% | 49.2% | 42.7% | 40.2% |
Pacific Islander | 12.3% | 21.4% | 49.1% | 47.7% | 44.9% | 42.2% |
White | 9.1% | 14.3% | 64% | 58.8% | 29.4% | 32.7% |
Two or More Races | 9.3% | 14.9% | 58.4% | 56.8% | 33.5% | 33.5% |
Not Reported | 10.3 | 16.7% | 50.8% | 50.1% | 38% | 38.6% |
Statewide | 9.8% | 16.7% | 54.1% | 51.3% | 39.5% | 38.6% |
NOTE: As a result of the statewide physical school closures that occurred in February/March 2020 due to the COVID-19 pandemic, the California Department of Education (CDE) has determined that the 2019–20 absenteeism data are not valid and reliable for the 2019–20 academic year; therefore, the CDE has not processed this data and are unavailable for public release (Source: CDE – Data Quest). | ||||||
For the first time in November of 2020, the CDE released statewide absenteeism data that provides information about the types of reasons students are absent. This data is disaggregated by race/ethnicity, gender, program subgroup, and grade span for multiple academic years. The reports also include filters that allow the data to be viewed along various dimensions, including by school type (charter and non-charter schools), alternative and traditional schools, chronically absent and non-chronically absent students, and gender.
According to the CDE, the absentee by reason report categories are excused absences, unexcused absences, absences due to out-of-school suspension, and incomplete independent study absences. Even if a student has excused absences, they are considered chronically absent if they miss 10 percent of the days they were expected to attend school.”
Related/Prior Legislation
SB 350 (Ashby, 2023) adds, to the list of excused absences from school, that a pupil can be excused from school (1) the ability to miss school to receive victim services, grief support services, or attend safety planning, as specified; and (2) to atten a funeral or to grieve for no longer than five days, as specified.
SB 955 (Leyva, Chapter 921, Statutes of 2022) permitted students in grades 6 – 12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino, Chapter 672, Statutes of 2021) included, among other things, “for the benefit of the behavioral health of the pupil” within the “illness” category for excused absences for purposes of school attendance.
AB 516 (M. Dahle, Chapter 281, Statutes of 2021) added participation in a cultural ceremony or event to the list of reasons that a pupil must be excused from school.
AB 2289 (Weber and Gonzalez Fletcher, Chapter 942, Statutes of 2018) required, among other things, parenting pupils to be excused from school without a doctor's note for the purpose of caring for their sick children or attending their children's medical appointments.
AB 1593 (Obernolte and Alejo, Chapter 92, Statutes of 2016) permitted a pupil’s attendance at his or her naturalization ceremony to become a United States citizen to be deemed an excused absence for purposes of computing average daily attendance.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, to the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency’s average daily attendance (ADA), ultimately reducing its overall funding. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.”
SUPPORT: (Verified 9/1/23)
Council on American-Islamic Relations (source)
California Association of Private School Organizations
California Catholic Conference
GENup
OPPOSITION: (Verified 9/1/23)
None received
ARGUMENTS IN SUPPORT: According to the Council on American-Islamic Relations, “Currently, California statute only allows a student to take four hours per semester of excused time for religious reasons. In Education Code section 48205(12(c), it reads: “Attendance at religious retreats shall not exceed four hours per semester.” However, school days are longer than 4 hours, so this excused absence of 4 hours would only constitute a half day in most cases. California has the largest Muslim population of any state in the country with over 1,000,000 Muslims. 56% of California Muslim students reported feeling unsafe in schools according to the CAIR-CA Bullying Report. This is the highest reported level since CAIR-CA began conducting its biennial surveys in 2013. Muslim students experience discrimination by both their peers and teachers, administrators, or other adults at the school. A bill ensuring a student’s ability to celebrate religious holidays without penalty confronts Islamophobia and the “other-izing” of not only Muslim students, but all students who are religious minorities. There are a number of religious holidays that may not be recognized by a school district as an excused holiday, such as: Eid al-Fitr, Diwali, Rosh Hashanah, Ash Wednesday, and many others. These holidays hold significant meaning within different religious groups and the communities that engage in these celebrations, and a half day is often not enough time to celebrate. California is a nationwide leader in new, innovative, and effective policy. With large numbers of Muslims within the Bay Area, Sacramento Region, and Southern California community and other interfaith communities, this is an opportunity for the state to adopt an inclusive policy that will provide the support the 56% of Muslim students who reported feeling unsafe at school. By allowing students to receive an excused absence of one full school day in K-12 schools to attend religious holidays and gatherings, this bill reinforces California’s commitment to diversity, inclusion, and fostering cultural competency.”
ASSEMBLY FLOOR: 79-0, 6/1/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Gabriel
Prepared by: Kordell Hampton / ED. / (916) 651-4105
9/4/23 8:55:07
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1503 (Lee) - Pupil attendance: excused absences: religious retreats
Version: February 17, 2023 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: July 3, 2023 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill extends the excused absences for a pupil to attend a religious retreat from four hours (half day) to one day (full day).
Fiscal Impact:
To the extent that students who would have otherwise attended school do not attend as a result of this measure, this bill could result in unknown Proposition 98 General Fund savings to the state. However, each time a student is absent, that absence negatively impacts the local educational agency’s average daily attendance (ADA), ultimately reducing its overall funding. While each individual absence may be insignificant, in the aggregate, absences have an impact on overall funding provided to local school districts. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
Background:
Existing law provides that excused absences are deemed to be absences in computing ADA and shall not generate state apportionment payments. The law specifies a list of reasons that constitute an excused absence, which include:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen; participating in a cultural ceremony or event.
Existing law provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances.
Proposed Law:
This bill extends the excused absences for a pupil to attend a religious retreat from half day to a full day.
Related Legislation:
SB 350 (Ashby, 2023) would allow students to be excused from school to receive victim and grief support services or attend safety planning, as specified, and also allow students to attend a funeral or to grieve for no longer than five days. This bill is pending in the Assembly Education Committee.
SB 955 (Leyva), Chapter 921, Statutes of 2022, permits students in grades 6 – 12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino), Chapter 672, Statutes of 2021, includes, among other things, “for the benefit of the behavioral health of the pupil” within the “illness” category for excused absences for purposes of school attendance.
Staff Comments:
In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts that school district’s ADA, thereby reducing its’ overall funding. While each individual absence may be insignificant, in the aggregate, absences do have impact on overall funding. Under current law, all absences, whether excused or unexcused, result in a reduction of overall ADA.
This bill could result in Proposition 98 GF savings to the extent students who would have otherwise attended school do not attend school as a result of this measure. The savings at the state level would result from a redirection of funds from school districts that would no longer generate state funding for these students. School districts receive base LCFF grants of between $10,119 and $11,391 per student each year depending on the grade level.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: AB 1503 Hearing Date: June 21, 2023
Author: | |||
Version: | February 17, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Kordell Hampton | ||
Subject: Pupil attendance: excused absences: religious retreats.
SUMMARY
This bill extends the excused absences for a pupil to attend a religious retreat from four hours (half day) to one day (full day).
BACKGROUND
Existing Law
Education Code (EC)
- Clarifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and shall not generate state apportionment payments. (EC § 48205)
- Provides a list of reasons that constitute an excused absence, which include, among others that the absence of a student is to be excused when the absence is due to any of the following:
- Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health; quarantine under the direction of a county or city health officer; have a medical, dental, optometric, or chiropractic services during school hours.
- For the purpose of attending the funeral services of a member of the pupil’s immediate family or spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services.
- Jury duty or justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization.
- Attending a naturalization ceremony to become a United States citizen; participating in a cultural ceremony or event.
- A middle school or high school pupil engaging in a civic or political event provided that the pupil notify the school ahead of the absence. (EC § 48205)
- Provides that a valid excuse may include other reasons that are within the discretion of school administrators and based on the facts of the pupil’s circumstances. (EC § 48260)
- Clarifies each person between the ages of 6 and 18 years subject to compulsory full-time education and each person subject to compulsory continuation 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 where the parent or guardian is located. (EC § 48200)
ANALYSIS
This bill extends the excused absences for a pupil to attend a religious retreat from half day to a full day.
STAFF COMMENTS
- Need for the bill. According to the author, “California is home to the most diverse population in the nation and became the first to become a “minority-majority” state in 2000. With a broad and diverse range of religious traditions and faiths, our state’s schools should better accommodate excused absences for religious reasons. AB 1503 is an attempt to recognize the State’s rich diversity by providing students a full-day excused absence for any religious reason. Every student, regardless of their background, should be able to spend quality time with their families, and celebrate long-lasting traditions.
- Unexcused Absences Trigger Truancy Provisions. While excused and unexcused absences may be treated the same for funding purposes, they are not treated the same for attendance purposes. A student absent from school without a valid excuse on any day or tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant. By adding to the list of excused absences from school that a pupil is excused from school to receive services or to attend a funeral or grieve, this bill could reduce the number of unexcused absences and therefore reduce the number of truancies.
- Excused Absences Do Not Generate ADA. In California, school funding is primarily calculated using ADA. Each time a student is absent, that absence negatively impacts the local educational agency (LEA’s) ADA, ultimately reducing their overall funding. While each absence may be insignificant relative to overall funding levels, absences affect overall funding in the aggregate. Under current law, all absences, whether excused or unexcused, reduce overall ADA.
- Chronic Absenteeism. The table below represents the chronic absentee data from the 2018-19 and 2021-22 school years (SY). The data shows significant differences amongst racial/ethnic groups, comparing the percentages of absences designated as excused vs. unexcused and in the overall average number of absences. The data shows that while unexcused and excused among race and ethnicity have primarily decreased slightly across the board, the average days absent have increased by 6.9% statewide.
Race/Ethnicity | Avg. Days Absent | Excused % | Unexcused% | |||
2018-19 SY | 2021-22 SY | 2018-19 SY | 2021-22 SY | 2018-19 SY | 2021-22 SY | |
African American | 13.2% | 22.3% | 38.1% | 35.5% | 52.7% | 48.2% |
American Indian or Alaska Native | 13.6% | 23.4% | 45.2% | 42% | 43.9% | 42.9% |
Asian | 6.2% | 9.6% | 66.3% | 65.6% | 31% | 28.4% |
Filipino | 7.3% | 11.2% | 64.2% | 67.5% | 32.1% | 26.3% |
Hispanic or Latino | 10.3% | 18.3% | 51.1% | 49.2% | 42.7% | 40.2% |
Pacific Islander | 12.3% | 21.4% | 49.1% | 47.7% | 44.9% | 42.2% |
White | 9.1% | 14.3% | 64% | 58.8% | 29.4% | 32.7% |
Two or More Races | 9.3% | 14.9% | 58.4% | 56.8% | 33.5% | 33.5% |
Not Reported | 10.3 | 16.7% | 50.8% | 50.1% | 38% | 38.6% |
Statewide | 9.8% | 16.7% | 54.1% | 51.3% | 39.5% | 38.6% |
NOTE: As a result of the statewide physical school closures that occurred in February/March 2020 due to the COVID-19 pandemic, the California Department of Education (CDE) has determined that the 2019–20 absenteeism data are not valid and reliable for the 2019–20 academic year; therefore, the CDE has not processed this data and are unavailable for public release (Source: CDE – Data Quest). | ||||||
For the first time in November of 2020, the CDE released statewide absenteeism data that provides information about the types of reasons students are absent. This data is disaggregated by race/ethnicity, gender, program subgroup, and grade span for multiple academic years. The reports also include filters that allow the data to be viewed along various dimensions, including by school type (charter and non-charter schools), alternative and traditional schools, chronically absent and non-chronically absent students, and gender.
According to the CDE, the absentee by reason report categories are excused absences, unexcused absences, absences due to out-of-school suspension, and incomplete independent study absences. Even if a student has excused absences, they are considered chronically absent if they miss 10 percent of the days they were expected to attend school.”
- Related Legislation
SB 350 (Ashby, 2023) Adds, to the list of excused absences from school, that a pupil can be excused from school 1) the ability to miss school to receive victim services, grief support services, or attend safety planning, as specified; and 2) to attend a funeral or to grieve for no longer than five days, as specified. This bill is in Assembly Education Committee.
SB 955 (Leyva), Chapter 921, Statutes of 2022, permits students in grades 6 – 12 to have one excused absence per year to participate in a civic or political event.
SB 14 (Portantino), Chapter 672, Statutes of 2021, includes, among other things, “for the benefit of the behavioral health of the pupil” within the “illness” category for excused absences for purposes of school attendance.
AB 516 (M. Dahle), Chapter 281, Statutes of 2021, added participation in a cultural ceremony or event to the list of reasons that a pupil must be excused from school.
AB 2289 (Weber and Gonzalez Fletcher), Chapter 942, Statutes of 2018, require, among other things, parenting pupils to be excused from school without a doctor's note for the purpose of caring for their sick children or attending their children's medical appointments.
AB 1593 (Obernolte and Alejo), Chapter 92, Statutes of 2016 permits a pupil’s attendance at his or her naturalization ceremony to become a United States citizen to be deemed an excused absence for purposes of computing average daily attendance.
SUPPORT
California Association of Private School Organizations
California Catholic Conference
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1503
Author:(Lee)
As Introduced Ver:February 17, 2023
Majority vote
SUMMARY
Extends the time permitted for an excused absence for attending a religious retreat from four hours to one schoolday.
Major Provisions
Extends the time permitted for an excused absence for attending a religious retreat from four hours to one schoolday per semester.
COMMENTS
Excused absences. California's compulsory education law requires every child between the ages of six through 18 to attend school full-time and their parents and legal guardians to be responsible for ensuring that children attend school. A student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.
Current law establishes excused absences a number of reasons, including illness, quarantine, medical appointments, attending a funeral, jury duty, illness of the student's child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military, as well as for other reasons deemed to constitute a valid excuse by a school administrator.
Current law specifies that an excused absence to attend a religious retreat cannot exceed four hours per semester. This bill would extend that provision to one schoolday. The length of a school day varies by grade level. State law specifies the total number of instructional minutes by grade level and requires a minimum of 180 days per school year for school districts.
According to the Author
"California is home to the most diverse population in the nation and became the first to become a "minority-majority" state in 2000. It is often understood we institute a two-week winter break in our schools to allow families to gather during Christmas, which is a holiday of the Christian faith.
However, there are many different faiths that have been overlooked, and AB 1503 is an attempt to recognize the State's rich diversity by providing students a full-day excused absence for any religious reason. Every student, regardless of their background, should be able to spend quality time with their families, and celebrate long-lasting traditions."
Arguments in Support
The Council on American-Islamic Relations states "California has the largest Muslim population of any state in the country with over 1,000,000 Muslims. 56% of California Muslim students reported feeling unsafe in schools according to the CAIR-CA Bullying Report. This is the highest reported level since CAIR-CA began conducting its biennial surveys in 2013. Muslim students experience discrimination by both their peers and teachers, administrators, or other adults at the school. A bill ensuring a student's ability to celebrate religious holidays without penalty confronts Islamophobia and the "other-izing" of not only Muslim students, but all students who are religious minorities. There are a number of religious holidays that may not be recognized by a school district as an excused holiday, such as: Eid al-Fitr, Diwali, Rosh Hashanah, Ash Wednesday, and many others. These holidays hold significant meaning within different religious groups and the communities that engage in these celebrations, and a half day is often not enough time to celebrate. By allowing students to receive an excused absence of one full school day in K-12 schools to attend religious holidays and gatherings, this bill reinforces California's commitment to diversity, inclusion, and fostering cultural competency."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
Ongoing Proposition 98 General Fund savings to the state to the extent students who otherwise would have attended school do not attend school as a result of this measure. Savings at the state level would result from a redirection of funds from LEAs that would no longer generate state funding for students not attending school as a result of this measure.
The bill does not define "religious retreat" and the term could be broadly interpreted. If even .25% of the state's approximately six million students enrolled in grade kindergarten through twelve were absent for one-half day per semester they otherwise would not have been, Proposition 98 General Fund costs savings to the state would be about $500,000 per semester, or $1 million annually, while LEAs serving those students would lose, on aggregate, about $500,000, or $1 million annually. (This assumes LEAs receive, on average, $11,000 annually per student.)
If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs either directly to LEAs or through the K-12 Mandates Block Grant.
VOTES
ASM EDUCATION: 6-0-1
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, Quirk-Silva
ABS, ABST OR NV: McCarty
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: February 17, 2023
CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0000851
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1503
Author:(Lee) – As Introduced Ver:February 17, 2023
Policy Committee: | Education | Vote: | 6 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill would extend, from four hours per semester to eight hours per semester, the amount of time a student may claim an “excused absence” from school to attend a “religious retreat.”
FISCAL EFFECT:
Ongoing Proposition 98 General Fund savings to the state to the extent students who otherwise would have attended school do not attend school as a result of this measure. Savings at the state level would result from a redirection of funds from local educational agencies (LEAs) that would no longer generate state funding for students not attending school as a result of this measure.
The bill does not define “religious retreat” and the term could be broadly interpreted. If even .25% of the state’s approximately six million students enrolled in grade kindergarten through twelve were absent for one-half day per semester they otherwise would not have been, Proposition 98 General Fund costs savings to the state would be about $500,000 per semester, or $1 million annually, while LEAs serving those students would lose, on aggregate, about $500,000, or $1 million annually. (This assumes LEAs receive, on average, $11,000 annually per student.)
If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs either directly to LEAs or through the K-12 Mandates Block Grant.
COMMENTS:
- Purpose. According to The Council on American-Islamic Relations, a supporter of this bill:
There are a number of religious holidays that may not be recognized by a school district as an excused holiday, such as: Eid al-Fitr, Diwali, Rosh Hashanah, Ash Wednesday, and many others. These holidays hold significant meaning within different religious groups and the communities that engage in these celebrations, and a half day is often not enough time to celebrate. By allowing students to receive an excused absence of one full school day in K-12 schools to attend religious holidays and gatherings, this bill reinforces California’s commitment to diversity, inclusion, and fostering cultural competency.
- Background. When a student is absent from school or tardy by 30 minutes or more without a valid excuse, the absence is known as an “unexcused absence.” When a student has three unexcused absences in a school year, the student is considered truant. Laws governing truancy, including interventions and fines to parents, apply to these students.
When a student is absent from school with a valid excuse, the absence is known as an “excused absence.” A student with an excused absence is to be allowed to complete all assignments and tests missed during the absence that the school can reasonably provide and have the opportunity to receive full credit. Current law defines various reasons a student may be excused from school, including illness, funerals of immediate family and medical appointments. It also lists “justifiable personal reasons” including, but not limited to, appearance in court and observance of a holiday or ceremony of the student’s religion. Current law allows for a half day of an excused absence per semester for a students to attend a religious retreat.
This bill allows for a student to claim a full school day of an excused absence per semester to attend a religious retreat.
Schools are funded based on attendance. An unexcused absence and an excused absence both result in a loss of funding to a school equivalent to the amount of time a student is absent.
- Religious Retreats. The bill does not define “religious retreat.” Several other excused absences are defined in the same section of current law, including “civic or political event” and “cultural.” Moreover, current law already provides for excused absences for observance of a holiday or ceremony of a student’s religion, and puts no limit on the number of hours or days this excuse may be claimed. This bill could benefit from distinguishing the difference between a religious holiday or ceremony and a religious retreat.
- Related Legislation. SB 350 (Ashby) of this session would authorize a student’s excused absence for the purpose of attending the funeral services or grieving the death of either a member of the student’s immediate family, or of a person that is determined by the student’s parent or guardian to be in such close association with the student as to be considered the student’s immediate family, so long as the absence is not more than five days.
- Prior Legislation. In recent years, several justifications for excused absences have been added to state law, as evidenced below:
SB 955 (Leyva) Chapter 921, Statutes of 2022, authorizes one excused absence per year for a middle or high school student to participate in a civic or political event provided that the student notifies the school ahead of the absence.
SB 14 (Portantino), Chapter 672, Statutes of 2021, adds “for the benefit of the behavioral health of the pupil” to the list of reasons that a pupil must be excused from school.
AB 516 (Megan Dahle) Chapter 281, Statutes of 2021, adds participation in a cultural ceremony or event to the list of reasons that a student must be excused from school.
AB 1593 (Obernolte) Chapter 92, Statutes of 2016, adds a student's attendance at his or her naturalization ceremony to become a United States citizen to the list of excused absences.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: March 29, 2023
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 1503 (
Author:Lee) – As Introduced Ver:February 17, 2023
SUBJECT: Student attendance: excused absences: religious retreats
SUMMARY: Extends the time permitted for an excused absence for attending a religious retreat from four hours to one schoolday. Specifically, this bill:
- Extends the time permitted for an excused absence for attending a religious retreat from four hours to one schoolday per semester.
EXISTING LAW:
- Requires a student between the ages of 6 through 18 to attend school in the school district where either parent or legal guardian resides, except as specified. (Education Code (EC) 48200)
- Specifies that excused absences are deemed to be absences in computing average daily attendance (ADA) and do not generate state apportionment payments. (EC 48205)
- Defines the reasons that a student will be excused from school:
- Due to the student’s illness, including an absence for the benefit of the student’s mental or behavioral health;
- Due to quarantine under the direction of a county or city health officer;
- Having medical, dental, optometrical, or chiropractic services rendered;
- For the purpose of attending the funeral services of a member of the student’s immediate family;
- For the purpose of jury duty;
- Due to the illness or medical appointment during school hours of a child of whom the student is the custodial parent;
- For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the student’s religion, attendance at religious retreats, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization;
- For the purpose of serving as a member of a precinct board for an election;
- For the purpose of spending time with a member of the student’s immediate family who is an active duty member of the uniformed services, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position;
- For the purpose of attending the student’s naturalization ceremony to become a United States citizen;
- For the purpose of participating in a cultural ceremony or event;
- For the purpose of a middle or high school student engaging in a civic or political event, as defined, provided that the student notifies the school ahead of the absence; and
- Authorized at the discretion of a school administrator. (EC 48205)
- Specifies that an excused absence for attendance at a religious retreat must not exceed four hours per semester. (EC 48205)
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. According to the author, “California is home to the most diverse population in the nation and became the first to become a “minority-majority” state in 2000. It is often understood we institute a two-week winter break in our schools to allow families to gather during Christmas, which is a holiday of the Christian faith.
However, there are many different faiths that have been overlooked, and AB 1503 is an attempt to recognize the State’s rich diversity by providing students a full-day excused absence for any religious reason. Every student, regardless of their background, should be able to spend quality time with their families, and celebrate long-lasting traditions.”
California’s diversity extends to religion. A religious landscape study conducted by the Pew Research Center in 2014 identified the following regarding the religious affiliation of adults in California:
- Christian 63%
- Jewish 2%
- Muslim 1%
- Buddhist 2%
- Other faiths 1%
- Unaffiliated 27%
According to the U.S. Census bureau, California’s population in 2014 (the year this study of religion was conducted) was 38.59 million. Thus, the population at the time included over 2.3 million adults affiliated with religions other than Christianity.
Excused absences. California's compulsory education law requires every child between the ages of 6 through 18 to attend school full-time and their parents and legal guardians to be responsible for ensuring that children attend school. A student who is absent from school without a valid excuse on any day or is tardy for more than 30 minutes, or any combination thereof, for three days in a school year is considered a truant.
Current law establishes excused absences a number of reasons, including illness, quarantine, medical appointments, attending a funeral, jury duty, illness of the student’s child, a court appearance, observation of a religious holiday or ceremony, attendance at an educational conference, serving on a precinct board, spending time with an immediate family member who is an active duty member of the military, as well as for other reasons deemed to constitute a valid excuse by a school administrator.
Current law specifies that an excused absence to attend a religious retreat cannot exceed four hours per semester. This bill would extend that provision to one schoolday. The length of a school day varies by grade level. State law specifies the total number of instructional minutes by grade level and requires a minimum of 180 days per school year for school districts. The minimum number of hours per school day, based upon a 180 day school year are:
- Kindergarten: 36,000 minutes for a 3.3 hour day;
- Grades 1-3: 50,400 minutes for a 4.6 hour day;
- Grades 4-8: 54,000 minutes for a 5 hour day; and
- Grades 9-12: 64,800 minutes for a 6-hour day.
Absences impact school funding. California schools are funded on the basis of the ADA of enrolled students. The level of absenteeism, whether excused or unexcused, negatively impacts an LEA’s overall funding.
Arguments in support. The Council on American-Islamic Relations states “California has the largest Muslim population of any state in the country with over 1,000,000 Muslims. 56% of California Muslim students reported feeling unsafe in schools according to the CAIR-CA Bullying Report. This is the highest reported level since CAIR-CA began conducting its biennial surveys in 2013. Muslim students experience discrimination by both their peers and teachers, administrators, or other adults at the school. A bill ensuring a student’s ability to celebrate religious holidays without penalty confronts Islamophobia and the “other-izing” of not only Muslim students, but all students who are religious minorities. There are a number of religious holidays that may not be recognized by a school district as an excused holiday, such as: Eid al-Fitr, Diwali, Rosh Hashanah, Ash Wednesday, and many others. These holidays hold significant meaning within different religious groups and the communities that engage in these celebrations, and a half day is often not enough time to celebrate. By allowing students to receive an excused absence of one full school day in K-12 schools to attend religious holidays and gatherings, this bill reinforces California’s commitment to diversity, inclusion, and fostering cultural competency.”
Related legislation. SB 350 (Ashby) of the 2023-24 session would authorize a student’s excused absence for the purpose of attending the funeral services or grieving the death of either a member of the student’s immediate family, or of a person that is determined by the student’s parent or guardian to be in such close association with the student as to be considered the student’s immediate family, so long as the absence is not more than 5 days.
SB 955 (Leyva) Chapter 921, Statutes of 2022, authorizes one excused absence per year for a middle or high school student to participate in a civic or political event provided that the student notifies the school ahead of the absence.
SB 14 (Portantino) Chapter 672, Statutes of 2021, includes, specifically, “for the benefit of the behavioral health of the student” within the “illness” category for excused absences for purposes of school attendance; and requires the CDE to identify an evidence-based and evidence-informed training program for LEAs to address youth behavioral health, including staff and student training.
AB 516 (Megan Dahle) Chapter 281, Statutes of 2021, adds participation in a cultural ceremony or event to the list of reasons that a student must be excused from school.
AB 1593 (Obernolte) Chapter 92, Statutes of 2016, adds a student's attendance at his or her naturalization ceremony to become a United States citizen to the list of excused absences.
SB 1457 (Morrell) of the 2015-16 Session would have expanded the authority of school districts to authorize a student to be excused from school to receive moral and religious instruction by authorizing a local governing board to adopt a policy, as specified, to allow students to earn up to two elective credits towards high school graduation requirements for the completion of “released time instruction,” excluding any cap on the number of excused absences for this purpose, and would have authorized a school district to generate average daily attendance for these absences. This bill was held on the Senate Floor.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Private School Organizations
California Catholic Conference
Council on American-islamic Relations, California
GenUp
One individual
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
Discussed in Hearing
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