Bill Text: CA SB1457 | 2015-2016 | Regular Session | Amended
Bill Title: Pupil instruction: excused absences: religious or moral instruction.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Introduced - Dead) 2016-11-30 - Died on the inactive file. [SB1457 Detail]
Download: California-2015-SB1457-Amended.html
BILL NUMBER: SB 1457 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2016
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE APRIL 18, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Morrell
(Principal coauthor: Assembly Member Brown)
(Coauthors: Senators Beall, Fuller, Huff, Mendoza, and Vidak)
(Coauthors: Assembly Members Dahle, Jones, and Waldron)
FEBRUARY 19, 2016
An act to add Chapter 20 (commencing with Section 53330)
to Part 28 of Division 4 of Title 2 amend Section
46014 of the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 1457, as amended, Morrell. Pupil instruction: high
school graduation requirements: credit for released time
excused absences: religious or moral instruction.
Existing law allows pupils, with the written consent of their
parents or guardians, to be excused from school in order to
participate in religious exercises or to receive moral and religious
instruction, as specified. Under existing law, these absences will
not be deemed absences in computing average daily attendance if (1)
the governing board of a school district, in its discretion, first
adopts a resolution permitting pupils to be absent from school for
the exercises or instruction, (2) the governing board adopts
regulations governing the attendance of pupils at the exercises or
instruction and the reporting thereof, (3) the pupil attends at least
the minimum schoolday, and (4) no pupil is excused for more than 4
days per school month.
This bill would authorize the governing board of a school district
to adopt a policy to allow a pupil in high school to participate in
released time instruction, as defined. The bill would require that a
policy include certain conditions, and would authorize a policy to
allow a pupil to receive up to 2 elective credits towards that pupil'
s high school graduation requirements. The bill would require the
policy to include secular criteria for determining whether to
authorize a pupil to earn credit that are substantially the same
criteria used to evaluate a similar nonpublic high school course for
the purpose of determining whether to award credit for that course to
a pupil transferring from a nonpublic high school to a public high
school, and would specify certain secular criteria that are required
to be included. The bill would require a decision to award credit for
released time instruction to be neutral to, and not involve any test
for, religious content or denominational affiliation, and would
prohibit school district staff and faculty from encouraging or
discouraging participation by pupils in released time instruction.
The bill would require that an absence for released time instruction
not be deemed an absence in computing average daily attendance.
This bill would delete the condition that a pupil be excused for
no more than 4 days per school month, and would instead require as
conditions that a pupil in kindergarten or in grade 1 to 8,
inclusive, attend the exercises or instruction for no more than 2
hours per school week and that a pupil in grade 9 to 12, inclusive,
attend the exercises or instruction for no more than the number of
hours required to complete one course at that pupil's school.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 46014 of the
Education Code is amended to read:
46014. Pupils, (a)
A pupil, with the written consent of their parents or
guardians, his or her parent or guardian, may be
excused from school in order to participate in religious exercises
or to receive moral and religious instruction at their respective
places of worship or at other suitable place or places away from
school property designated by the religious group, church, or
denomination, which shall be in addition and supplementary to the
instruction in manners and morals required elsewhere in this code.
Such An absence for these purposes
shall not be deemed absence in computing average daily
attendance, if all of the following conditions are complied with:
(a)
(1) The governing board of the school
district of attendance, in its discretion, shall first adopt
first adopts a resolution permitting
pupils a pupil to be absent from school for
such the exercises or instruction.
(b)
(2) The governing board shall adopt
of the school district adopts regulations governing the
attendance of pupils at such the
exercises or instruction and the reporting thereof.
(c)
(3) Each The
pupil so excused shall attend attends
school at least the minimum school day
schoolday for his grade for elementary schools, and as provided
by the relevant provisions of the rules and regulations of the
State Board of Education state board
for secondary schools.
(d) No pupil shall be excused from school for such purpose on more
than four days per school month.
(4) The pupil, if in kindergarten or in grade 1 to 8, inclusive,
attends the exercises or instruction for no more than two hours per
school week.
(5) The pupil, if in grade 9 to 12, inclusive, attends the
exercises or instruction for no more than the number of hours
required to complete one course at that pupil's school.
(b) It is hereby declared to be the intent
of the Legislature that this section shall be permissive only.
SECTION 1. Chapter 20 (commencing with Section
53330) is added to Part 28 of Division 4 of Title 2 of the Education
Code, to read:
CHAPTER 20. THE PARENTAL CHOICE FOR RELEASED TIME CREDIT ACT
53330. The Legislature finds and declares all of the following:
(a) Private religious education is a legitimate and complementary
part of the American school system.
(b) Parents have a recognized constitutional right to provide
their children with a private religious education.
(c) The United States Constitution and state law allow local
school districts to offer religious released time instruction for the
benefit of public school pupils.
(d) School districts have local autonomy and are governed by
locally elected school boards.
(e) In order to accommodate the independent choices of parents and
pupils to pursue religious instruction, school districts should be
unrestricted in their ability to award credit for that instruction
under conditions that preserve the neutrality and impartiality of the
public school system.
(f) Permitting pupils to earn credit for released time instruction
enables those pupils to remain in public school while also
accommodating their right to receive private religious instruction.
53331. For purposes of this chapter, the following definitions
apply:
(a) (1) "Released time instruction" means the instruction received
by a pupil for the purposes and under the conditions of Section
46014, not including subdivision (d) of Section 46014.
(2) For purposes of this chapter, Section 46014 shall be construed
to additionally permit a pupil to be excused from school to
participate in instruction in nonsectarian morals and systems of
belief by a nonsectarian entity.
(b) "Sponsoring entity" means the entity that provides released
time instruction to a pupil pursuant to this chapter.
53332. (a) The governing board of a school district may adopt a
policy authorizing a pupil in high school to participate in released
time instruction. A policy adopted pursuant to this subdivision shall
include the following conditions:
(1) The pupil's parent or guardian makes a written request.
(2) The released time instruction is conducted off school district
property.
(3) No public funds are expended and no public school personnel
are involved in providing the instruction.
(4) The sponsoring entity maintains attendance records and makes
those records available to the school district the pupil attends.
(5) Transportation to and from the place of released time
instruction, including transportation for pupils with disabilities,
is the complete responsibility of the sponsoring entity, parent,
guardian, or pupil.
(6) The sponsoring entity makes provisions for and assumes
liability for the pupil.
(7) The pupil assumes responsibility for any missed schoolwork.
(8) The pupil does not miss any core curriculum subject courses to
attend released time instruction.
(9) The pupil attends school for no less than the minimum
schoolday applicable to that pupil on each day of released time
instruction.
(b) A policy adopted pursuant to subdivision (a) may allow a pupil
in high school to receive up to two elective credits toward that
pupil's high school graduation requirements for the completion of
released time instruction.
(c) (1) A policy adopted pursuant to subdivision (a) shall include
secular criteria for determining whether to authorize a pupil to
earn credit for the completion of released time instruction. The
criteria shall be substantially the same criteria used to evaluate a
similar nonpublic high school course for the purpose of determining
whether to award credit for that course to a pupil transferring from
a nonpublic high school to a public high school.
(2) The secular criteria shall include, but are not limited to,
the following:
(A) The number of hours of classroom instruction time.
(B) A review of the course syllabus that reflects course
requirements, materials used, and a clear learning objective.
(C) The methods of assessment used in the course.
(D) The course is taught by a certificated teacher.
(3) There shall be no criteria requiring that released time
instruction be completed only at a nonpublic school.
53333. A decision to award credit for released time instruction
shall be neutral to, and shall not involve any test for, religious
content or denominational affiliation.
53334. School district staff and faculty shall not encourage or
discourage participation by pupils in released time instruction.
53335. An absence for released time instruction pursuant to this
chapter shall not be deemed an absence in computing average daily
attendance.
