Date: Thu, 9 Mar 1995 08:27:16 -0800 (PST)
From: Franklin Weston <faw@teetot.acusd.edu>


                            THE STATE OF CALIFORNIA  
                                   BILL TEXT  
                                    STATENET  
           Copyright (c) 1995 by Information for Public Affairs,
Inc.  
  
                       CALIFORNIA 1995-96 REGULAR SESSION  
  
                               ASSEMBLY BILL 1001  
  
    ASSEMBLY BILL      NO. 1001
================================================================= 
 
                      INTRODUCED BY  ASSEMBLY MEMBER KUEHL  
                               FEBRUARY 23, 1995
================================================================= 
 
  
                               1995 CA A.B. 1001  
  
VERSION: Introduced  
  
VERSION-DATE: February 23, 1995  
  
SYNOPSIS:    
  
   An act to amend Sections 260, 262, 262.1, 262.2, 35179, 40047,
44100, 44830, 45293, 47605, 48204, 51004, 51500, 51501, 58019,
58508, 60044, 69535, 69674, 69762, 69958, 72011, 72014, 87100,
87400, 88112, 89757, and 92150 of the Education Code, relating to
education.  
  
DIGEST:  
  
                           LEGISLATIVE COUNSEL'S DIGEST  
  
   AB 1001, as introduced, Kuehl.  Education:  sexual orientation:
nondiscrimination.  
  
   (1) Existing law specifies that the governing board of a school
district, the governing board of a community college district, the
Chancellor of the California State University, the president of
each California State University campus, the President of the
University of California and the chancellor of each University of
California campus have the primary responsibility for ensuring that
programs and activities under their jurisdiction are free from
discrimination based on ethnic group identification, religion, age,
sex, color, or physical or mental disability.  
  
   This bill would add sexual orientation to the basis on which
discrimination is prohibited.  
  
   (2) Existing law prohibits discrimination based on race, sex,
ethnicity, or religion in areas relating to interscholastic
athletics, employment of teachers and classified school employees,
charter schools, certain school district residency requirements,
the Demonstration Scholarship Act of 1973, alternative schools,
various postsecondary financial aid programs, the certain uses of
certain funds of the California State University and the University
of California, and community college classes, and programs.   
  
   This bill would add sexual orientation as a prohibited basis for
discrimination.  
  
   (3) Existing law requires the use of donated school facilities
by the donor organization to terminate if the donor organization
denies use of the facility to a person because of the person's
race, religion, creed, national origin, ancestry, or sex.  
  
   This bill would also require the termination of this use if the
donor organization denies use of the facility because of a
persons's sexual orientation.  
  
   (4) Existing law prohibits a teacher from giving instruction and
a school district from sponsoring an activity that reflects
adversely on persons because of their race, sex, color, creed,
handicap, national origin, or ancestry.   
  
   This bill would prohibit these actions if they reflect adversely
on persons because of their sexual orientation.  
  
   (5) Existing law prohibits the State Board of Education and the
governing board of a school district from adopting instructional
materials that contain any matter that reflects adversely on
persons because of their race, sex, color, creed, handicap,
national origin, or ancestry.  
  
   This bill would also prohibit the adoption of instructional
materials that contain any matter that reflects adversely on
persons because of their sexual orientation.  
  
   To the extent that the prohibitions in this bill would impose
new duties on school districts and community college districts, the
bill would impose a state-mandated local program.  
  
   (7) 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, including the creation of a State Mandates
Claims Fund to pay the costs of mandates that do not exceed $
1,000,000 statewide and other procedures for claims whose statewide
costs exceed $ 1,000,000.  
  
   This bill would provide that, if the Commission on State
Mandates determines that the bill contains costs mandated by the
state, reimbursement for those costs shall be made pursuant to
these statutory provisions.   
  
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.  
  
NOTICE:    
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]  
[D> Text within these symbols is deleted <D]  
  
TEXT: THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  

  
   SECTION 1. Section 260 of the Education Code is amended to read: 
 
  
   260. The governing board of a school district [D> shall have <D]
[A> HAS <A] the primary responsibility for ensuring that school
district programs and activities are free from discrimination based
on ethnic group identification, religion, age, sex, [A> SEXUAL
ORIENTATION, <A] color, or physical or mental disability, and for
monitoring compliance with any and all rules and regulations
promulgated pursuant to Section 11138 of the Government Code.   
  
   SEC. 2. Section 262 of the Education Code is amended to read:  

  
   262. (a) The governing board of a community college district [D>
shall have <D] [A> HAS <A] the primary responsibility for ensuring
that community college district programs and activities are free
from discrimination based on ethnic group identification, religion,
age, sex, [A> SEXUAL ORIENTATION, <A] color, or physical or mental
disability.  
  
   (b) The Chancellor's office of the California Community Colleges
[D> shall have <D] [A> HAS <A] responsibility for monitoring the
compliance of each district with any and all regulations
promulgated pursuant to Section 11138 of the Government Code.  
  
   SEC. 3. Section 262.1 of the Education Code is amended to read: 
 
  
   262.1. The Chancellor of the California State University and the
president of each California State University campus [D> shall have
<D] [A> HAS <A] the primary responsibility for ensuring that campus
programs and activities are free from discrimination based on
ethnic group identification, religion, age, sex, [A> SEXUAL
ORIENTATION, <A] color, or physical or mental disability.   
  
   SEC. 4. Section 262.2 of the Education Code is amended to read: 
 
  
   262.2. [A> (A) <A] The President of the University of California
and the chancellor of each University of California campus [D>
shall have <D] [A> HAS <A] primary responsibility for ensuring that
campus programs and activities are free from discrimination based
on ethnic group identification, religion, age, sex, [A> SEXUAL
ORIENTATION, <A] color, or physical or mental disability.   
  
   [A> (B) THIS SECTION APPLIES TO THE UNIVERSITY OF CALIFORNIA
ONLY TO THE EXTENT THAT THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA, BY APPROPRIATE RESOLUTION, MAKE IT APPLICABLE. <A]  
  
   SEC. 5. Section 35179 of the Education Code is amended to read: 
 
  
   35179. (a) Each school district governing board [D> shall have
<D] [A> HAS <A] general control of, and [D> be <D] [A> IS <A]
responsible for, all aspects of the interscholastic athletic
policies, programs, and activities in its district, including, but
not limited to, eligibility, season of sport, number of sports,
personnel, and sports facilities.  In addition, the board shall
assure that all interscholastic policies, programs, and activities
in its district are in compliance with state and federal law.  
  
   (b) Governing boards may enter into associations or consortia
with other boards for the purpose of governing regional or
statewide interscholastic athletic programs by permitting the
public schools under their jurisdictions to enter into a voluntary
association with other schools for the purpose of enacting and
enforcing rules relating to eligibility for, and participation in,
interscholastic athletic programs among and between schools.   
  
   (c) Each governing board, or its designee, shall represent the
individual schools located within its jurisdiction in any voluntary
association of schools formed or maintained pursuant to this
section.  
  
   (d) No voluntary interscholastic athletic association, of which
any public school is a member, shall discriminate against, or deny
the benefits of any program to, any person on the basis of race,
sex, [A> SEXUAL ORIENTATION, <A] or ethnic origin.  
  
   (e) Interscholastic athletics is defined as those policies,
programs, and activities that are formulated or executed in
conjunction with, or in contemplation of, athletic contests between
two or more schools, either public or private.  
  
   (f) This section shall become inoperative on July 1, 1997, and,
as of January 1, 1998, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 1998, deletes or
extends the dates on which it becomes inoperative and is repealed. 

  
   SEC. 6. Section 40047 of the Education Code is amended to read: 
 
  
   40047. Notwithstanding the provisions of this article or any
other provisions of law, when a nonpartisan charitable organization
organized under the laws of this state has constructed or will
construct, subject to the provisions of Article 3 (commencing with
Section 39140) of Chapter 2 of this part, a school athletic and
youth center facility at no cost to a school district, upon a
school-district-owned site to be owned by and for the benefit of
the school occupying the site, the governing board of the school
district, in accepting the donation and prescribing the conditions
and restrictions with respect thereto, may permit the general use
of the facility under the provisions of this article for specified
supervised recreational activities [D> which <D] [A> THAT <A] are
sponsored by or conducted by the donor organization, and may also
permit the donor organization to use the facility for this purpose
at times when the facility is not being used by the school district
for the educational program and related school activities of the
designated beneficiary school, unless the use and occupancy of the
facility by the donor organization would otherwise interfere with
the regular conduct of the school. Any use granted to the donor
organization shall, however, immediately and forever terminate if
the donor organization denies the use of the facility to any person
because of [D> their <D] [A> THE PERSON'S <A] race, religion,
creed, national origin, ancestry, [D> or <D] sex [A> , OR SEXUAL
ORIENTATION <A] .  
  
   This section shall apply only to elementary school districts in
San Diego County which had an average daily attendance of 425 or
less during the 1970-71 school year, and which, during the 1970-71
school year, had a modified assessed valuation per pupil in average
daily attendance of between forty-five thousand dollars ($ 45,000)
and fifty thousand dollars ($ 50,000).   
  
   SEC. 7. Section 44100 of the Education Code is amended to read: 
 
  
   44100. The Legislature finds and declares that:  
  
   (a) Generally, California school districts employ a
disproportionately low number of racial and ethnic minority
classified and certificated employees and a disproportionately low
number of women and members of racial and ethnic minorities in
administrative positions.  
  
   (b) It is educationally sound for the minority [D> student <D]
[A> PUPIL <A] attending a racially impacted school to have
available to him [A> OR HER <A] the positive image provided by
minority classified and certificated employees.  It is likewise
educationally sound for the [D> child <D] [A> PUPIL <A] from the
majority group to have positive experiences with minority people
which can be provided, in part, by having minority classified and
certificated employees at schools where the enrollment is largely
made up of majority group [D> students <D] [A> PUPILS <A] .  It is
also educationally important for [D> students <D] [A> PUPILS <A] to
observe that women as well as men can assume responsible and
diverse roles in society.  
  
   (c) Past employment practices created artificial barriers and
past efforts to promote additional action in the recruitment,
employment, and promotion of women and minorities have not resulted
in a substantial increase in employment opportunities for these
persons.  
  
   (d) Lessons concerning democratic principles and the richness
which racial diversity brings to our national heritage can be best
taught by the presence of staffs of mixed races and ethnic groups
working toward a common goal.   
  
   It is the intent of the Legislature to establish and maintain a
policy of equal opportunity in employment for all persons [D> and
to prohibit discrimination based on race, sex, color, religion,
age, disability, ancestry, or national origin <D] in every aspect
of personnel policy and practice in employment, development,
advancement, and treatment of persons employed in the public school
system, and to promote the total realization of equal employment
opportunity through a continuing affirmative action employment
program.   
  
   The Legislature recognizes that it is not enough to proclaim
that public employers do not discriminate in employment but that
effort must also be made to build a community in which opportunity
is equalized.  It is the intent of the Legislature to require
educational agencies to adopt and implement plans for increasing
the numbers of women and minority persons at all levels of
responsibility.  
  
   [A> IT IS ALSO THE INTENT OF THE LEGISLATURE TO PROHIBIT
DISCRIMINATION BASED ON RACE, SEX, SEXUAL ORIENTATION, COLOR,
RELIGION, AGE, DISABILITY, ANCESTRY, OR NATIONAL ORIGIN IN EVERY
ASPECT OF PERSONNEL POLICY AND PRACTICE IN EMPLOYMENT, DEVELOPMENT,
ADVANCEMENT, AND TREATMENT OF PERSONS EMPLOYED IN THE PUBLIC SCHOOL
SYSTEM. <A]  
  
   SEC. 8. Section 44830 of the Education Code is amended to read: 
 
  
   44830. (a) A governing board of a school district shall employ
for positions requiring certification qualifications, only persons
who possess the qualifications therefor prescribed by law.  It is
contrary to the public policy of this state for any person or
persons charged, by the governing boards, with the responsibility
of recommending persons for employment by the boards to refuse or
to fail to do so for reasons of race, color, religious creed, sex,
[A> SEXUAL ORIENTATION, <A] or national origin of the applicants
for that employment.  
  
   (b) Commencing on February 1, 1983, no school district governing
board shall initially hire on a permanent, temporary, or substitute
basis a certificated person seeking employment in the capacity
designated in his or her credential unless that person has
demonstrated basic skills proficiency as provided in Section
44252.5 or unless the person is exempted from the requirement by
subdivisions (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and
(n).   
  
   (1) The governing board of a school district, with the
authorization of the Commission on Teacher Credentialing, may
administer the basic skills proficiency test required under the
provisions of Sections 44252 and 44252.5.   
  
   (2) The superintendent, in conjunction with the commission and
local governing boards, shall take steps necessary to ensure the
effective implementation of this subdivision.  
  
   It is the intent of the Legislature that in effectively
implementing the provisions of this subdivision, school district
governing boards shall direct superintendents of schools to prepare
for emergencies by developing a pool of qualified emergency
substitute teachers.  This preparation shall include public notice
of the test requirements and of the dates and locations of
administrations of the tests.  District governing boards shall make
special efforts to encourage individuals who are known to be
qualified in other respects as substitutes to take the state basic
skills proficiency test at its earliest administration.  
  
   (3) Demonstration of proficiency in reading, writing, and
mathematics by any person pursuant to Section 44252 shall satisfy
the requirements of this subdivision.  
  
   (c) A certificated person shall not be required to take the
state basic skills proficiency test if he or she has been employed
in a position requiring certification in any school district within
39 months prior to employment with the district.  A person holding
a valid California credential who has not been employed in a
position requiring certification in any school district within 39
months prior to employment and who has not taken the state basic
skills proficiency test, but who has passed a basic skills
proficiency examination which has been developed and administered
by the school district offering that person employment, may be
employed by the governing board of that school district on a
temporary basis on the condition that he or she will take the state
basic skills proficiency test within one year of the date of his or
her employment.  
  
   (d) Nothing in this section shall require a person employed
solely for purposes of teaching adults in an apprenticeship
program, approved by the Apprenticeship Standards Division of the
Department of Industrial Relations, to pass the state proficiency
assessment instrument as a condition of employment.   
  
   (e) Nothing in this section shall require the holder of a child
care permit or a permit authorizing service in a development center
for the handicapped to take the state basic skills proficiency test
[D> , so long as <D] [A> IF <A] the holder of the permit is not
required to have a baccalaureate degree.   
  
   (f) Nothing in this section shall require the holder of a
credential issued by the commission who seeks an additional
credential or authorization to teach, to take the state basic
skills proficiency test.  
  
   (g) Nothing in this section shall require the holder of a
credential to provide service in the health profession to take the
state basic skills proficiency test [D> , so long as <D] [A> IF <A]
that person does not teach in the public schools.  
  
   (h) If the basic skills proficiency test is not administered at
the time of hiring, the holder of a vocational designated subject
credential who has not already taken and passed the basic skills
proficiency test may be hired on the condition that he or she will
take the test at its next local administration.   
  
   (i) If the holder of a vocational designated subject credential
does not pass a proficiency assessment in basic skills pursuant to
this section, he or she shall be given one year in which to retake
and pass the proficiency assessment in basic skills.  If at the
expiration of the one-year period he or she has not passed the
proficiency assessment in basic skills, he or she shall be subject
to dismissal under procedures established in Article 3 (commencing
with Section 44930) of Chapter 4.  
  
   (j) Nothing in this section shall be construed as requiring the
holder of a vocational designated subject credential to pass the
state basic skills proficiency test as a condition of employment.
The governing board of each school district, or each governing
board of a consortium of school districts, or each governing board
involved in a joint powers agreement, which employs the holder of
a vocational designated subject credential shall establish its own
basic skills proficiency for these credentials and shall arrange
for those individuals to be assessed.  The basic skills proficiency
criteria established by the governing board shall be at least
equivalent to the test required by the district, or in the case of
a consortium or a joint powers agreement, by any of the
participating districts, for graduation from high school.  The
governing board or boards may charge a fee to individuals being
tested to cover the costs of the test, including the costs of
developing, administering, and grading the test.  
  
   (k) Nothing in this section shall be construed as requiring the
holder of an adult education designated subject credential for
other than academic subjects, who is employed in an instructional
setting for 20 hours or less per week, to pass the state
proficiency assessment as a condition of employment.   
  
   (lNothing in this section shall be construed to require
certificated personnel employed under a foreign exchange program to
take the state basic skills proficiency test.  The maximum period
of exemption under this subdivision shall be one year.  
  
   (m) A school district may hire a teacher credentialed in another
state who has not taken the state basic skills test if, at a public
meeting, the school district governing board certifies that no
person who meets the credentialing requirements and who has
satisfied the basic skills requirement specified in Section 44261.5
is available to fill a position deemed necessary to the normal
operation of the school curriculum.  The board shall include in the
certification a statement of the need to fill the position and the
reasons for the need, proof of its attempts to recruit qualified
teachers in California, and a statement attesting to the failure of
those attempts.  [D> Such <D] [A> THIS <A] certification shall be
submitted to the commission with the name of the teacher the board
intends to employ pursuant to this section.  The commission shall
issue an emergency credential pursuant to paragraph 3 of
subdivision (b) of Section 44252, upon receipt of this
documentation.  
  
   (n) Notwithstanding any other provision of law, a school
district may hire a certificated teacher who has not taken the
state basic skills proficiency test if that person has not yet been
afforded the opportunity to take the test.  The person shall then
take the test at the earliest opportunity and may remain employed
by the district pending the receipt of his or her test results.   
  
   SEC. 9. Section 45293 of the Education Code is amended to read: 
 
  
   45293. No questions relating to political or religious opinions
or affiliations, race, color, national origin or ancestry, sex, [A>
SEXUAL ORIENTATION, <A] or marital status shall be asked of any
applicant, or any candidate whose name has been certified for
appointment, nor shall any discrimination be exercised therefor.  
  
   SEC. 10. Section 47605 of the Education Code is amended to read: 
 
  
   47605. (a) A petition for the establishment of a charter school
within any school district may be circulated by any one or more
persons seeking to establish the charter school.  After the
petition has been signed by not less than 10 percent of the
teachers currently employed by the school district, or by not less
than 50 percent of the teachers currently employed at one school of
the district, it may be submitted to the governing board of the
school district for review.  
  
   (b) No later than 30 days after receiving a petition, in
accordance with subdivision (a), the governing board of the school
district shall hold a public hearing on the provisions of the
charter, at which time the board shall consider the level of
employee and parental support for the petition.  Following review
of the petition and the public hearing, the governing board shall
either grant or deny the charter within 60 days of receipt of the
petition, provided, however, that the date may be extended by an
additional 30 days if both parties agree to the extension.  A
school district governing board may grant a charter for the
operation of a school under this part if it determines that the
petition contains the number of signatures required by subdivision
(a), a statement of each of the conditions described in subdivision
(d), and descriptions of all of the following:  
  
   (1) A description of the educational program of the school,
designed, among other things, to identify those whom the school is
attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs.  The goals
identified in that program shall include the objective of enabling
pupils to become self-motivated, competent, and lifelong learners. 
 
  
   (2) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and attitudes specified as
goals in the school's educational program.   
  
   (3) The method by which pupil progress in meeting those pupil
outcomes is to be measured.  
  
   (4) The governance structure of the school, including, but not
limited to, the process to be followed by the school to ensure
parental involvement.   
  
   (5) The qualifications to be met by individuals to be employed
by the school.   
  
   (6) The procedures that the school will follow to ensure the
health and safety of pupils and staff.  These procedures shall
include the requirement that each employee of the school furnish
the school with a criminal record summary as described in Section
44237.  
  
   (7) The means by which the school will achieve a racial and
ethnic balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the
school district to which the charter petition is submitted.  
  
   (8) Admission requirements, if applicable.  
  
   (9) The manner in which an annual audit of the financial and
programmatic operations of the school is to be conducted.  
  
   (10) The procedures by which pupils can be suspended or
expelled.   
  
   (11) The manner by which staff members of the charter schools
will be covered by the State Teachers' Retirement System, the
Public Employees' Retirement System, or federal social security.  
  
   (12) The public school attendance alternatives for pupils
residing within the school district who choose not to attend
charter schools.   
  
   (13) A description of the rights of any employee of the school
district upon leaving the employment of the school district to work
in a charter school, and of any rights of return to the school
district after employment at a charter school.  
  
   (c) Charter schools shall meet the statewide performance
standards and conduct the pupil assessments required pursuant to
Section 60602.5.   
  
   (d) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, [A>
SEXUAL ORIENTATION, <A] or disability.  Admission to a charter
school shall not be determined according to the place of residence
of the pupil, or of his or her parent or guardian, within this
state, except that any existing public school converting partially
or entirely to a charter school under this part shall adopt and
maintain a policy giving admission preference to pupils who reside
within the former attendance area of that public school.   
  
   (e) No governing board of a school district shall require any
employee of the school district to be employed in a charter school. 

  
   (f) No governing board of a school district shall require any
pupil enrolled in the school district to attend a charter school. 

  
   (g) The governing board may require that the petitioner or
petitioners provide information regarding the proposed operation
and potential effects of the school, including, but not limited to,
the facilities to be utilized by the school, the manner in which
administrative services of the school are to be provided, and
potential civil liability effects upon the school and upon the
school district.  
  
   (h) In reviewing petitions for the establishment of charter
schools within the school district, the [D> school district <D]
governing board [A> OF THE SCHOOL DISTRICT <A] shall give
preference to petitions that demonstrate the capability to provide
comprehensive learning experiences to pupils identified by the
petitioner or petitioners as academically low achieving pursuant to
the standards established by the State Department of Education
under Section 54032.   
  
   (i) Upon the approval of the petition by the governing board of
the school district, the petitioner or petitioners shall provide
written notice of that approval, including a copy of the petition,
to the State Board of Education.   
  
   (j) (1) If the governing board of the school district denies a
charter, the county superintendent of schools, at the request of
the petitioner or petitioners, shall select and convene a review
panel to review the action of the governing board.  The review
panel shall consist of three governing board members from other
school districts in the county and three teachers from other school
districts in the county unless only one school district is located
in the county, in which case the panel members shall be selected
from school districts in adjoining counties.  
  
   (2) If the review panel determines that the governing board
failed to appropriately consider the charter request, or acted in
an arbitrary manner in denying the request, the review panel shall
request the governing board to reconsider the charter request.  In
the case of a tie vote of the panel, the county superintendent of
schools shall vote to break the tie.   
  
   (3) If, upon reconsideration, the governing board denies a
charter, the county board of education, at the request of the
petitioner or petitioners, shall hold a public hearing in the
manner described in subdivision (b) and, accordingly, may grant a
charter. A charter school for which a charter is granted by a
county board of education pursuant to this paragraph shall qualify
fully as a charter school for all funding and other purposes of
this part.   
  
   SEC. 11. Section 48204 of the Education Code, as amended by
Section 3 of Chapter 1262 of the Statutes of 1994, is amended to
read:   
  
   48204. Notwithstanding Section 48200, a pupil shall be deemed to
have complied with the residency requirements for school attendance
in a school district, provided he or she is any of the following: 

  
   (a) A pupil placed within the boundaries of that school district
in a regularly established licensed children's institution, or a
licensed foster home, or a family home pursuant to a commitment or
placement under Chapter 2 (commencing with Section 200) of Part 1
of Division 2 of the Welfare and Institutions Code.  An agency
placing a pupil in a home or institution described in this
subdivision shall provide evidence to the school that the placement
or commitment is pursuant to law.  
  
   (b) A pupil for whom interdistrict attendance has been approved
pursuant to Chapter 5 (commencing with Section 46600) of Part 26. 

  
   (c) A pupil whose residence is located within the boundaries of
that school district and whose parent or legal guardian is relieved
of responsibility, control, and authority through emancipation.  
  
   (d) A pupil who lives in the home of a caregiving adult that is
located within the boundaries of that school district.  Execution
of an affidavit under penalty of perjury pursuant to Part 1.5
(commencing with Section 6550) of Division 11 of the Family Code by
the caregiving adult shall be a sufficient basis for a
determination that the pupil lives in the caregiver's home, unless
the school district determines from actual facts that the pupil is
not living in the caregiver's home.  
  
   (e) A pupil residing in a state hospital located within the
boundaries of that school district.  
  
   (f) An elementary school pupil, one or both of whose parents, or
whose legal guardian, is employed within the boundaries of that
school district.   
  
   (1) Nothing in this subdivision requires the school district
within which the pupil's parents or guardians are employed to admit
the pupil to its schools. Districts may not, however, refuse to
admit pupils under this subdivision on the basis, except as
expressly provided in this subdivision, of race, ethnicity, sex,
[A> SEXUAL ORIENTATION, <A] parental income, scholastic
achievement, or any other arbitrary consideration.  
  
   (2) The school district in which the residency of either the
pupil' s parents or guardians is established, or the school
district to which the pupil is to be transferred under this
subdivision, may prohibit the transfer of the pupil under this
subdivision if the governing board of the district determines that
the transfer would negatively impact the district's court-ordered
or voluntary desegregation plan.  
  
   (3) The school district to which the pupil is to be transferred
under this subdivision may prohibit the transfer of the pupil if
the district determines that the additional cost of educating the
pupil would exceed the amount of additional state aid received as
a result of the transfer.   
  
   (4) Any district governing board prohibiting a transfer pursuant
to paragraph (1), (2), or (3) shall identify, and communicate in
writing to the pupil's parent or guardian, the specific reasons for
that determination and shall ensure that the determination, and the
specific reasons therefor, are accurately recorded in the minutes
of the board meeting in which the determination was made.  
  
   (5) The average daily attendance for pupils admitted pursuant to
this subdivision shall be calculated pursuant to Section 46607.   
  
   (6) Unless approved by the sending district, this subdivision
does not authorize a net transfer of pupils out of any given
district, calculated as the difference between the number of pupils
exiting the district and the number of pupils entering the
district, in any fiscal year in excess of the following amounts:  
  
   (A) For any district with an average daily attendance for that
fiscal year of less than 501, 5 percent of the average daily
attendance of the district.   
  
   (B) For any district with an average daily attendance for that
fiscal year of 501 or more, but less than 2,501, 3 percent of the
average daily attendance of the district or 25 pupils, whichever is
greater.  
  
   (C) For any district with an average daily attendance of 2,501
or more, 1 percent of the average daily attendance of the district
or 75 pupils, whichever is greater.  
  
   (7) Once a pupil is deemed to have complied with the residency
requirements for school attendance pursuant to this subdivision and
is enrolled in a school in a school district whose boundaries
include the location where one parent or both parents of a pupil is
employed, or where the pupil's legal guardian is employed, the
pupil shall not have to reapply in the next school year to attend
a school within that school district and the district governing
board shall allow the pupil to attend school through the 12th grade
in that district if the parent or guardian so chooses, subject to
paragraphs (1) to (6), inclusive.   
  
   (g) This section shall remain in effect only until July 1, 1998,
and as of that date is repealed, unless a later enacted statute,
which is enacted before July 1, 1998, deletes or extends that date. 

  
   SEC. 12. Section 51004 of the Education Code is amended to read: 
 
  
   51004. The Legislature hereby recognizes that it is the policy
of the people of the State of California to provide an educational
opportunity to the end that every [D> student <D] [A> PUPIL <A]
leaving school shall have the opportunity to be prepared to enter
the world of work; that every [D> student <D] [A> PUPIL <A] who
graduates from any state-supported educational institution should
have sufficient marketable skills for legitimate remunerative
employment; that every qualified and eligible adult citizen shall
be afforded an educational opportunity to become suitably employed
in some remunerative field of employment; and that [D> such <D] [A>
THESE <A] opportunities are a right to be enjoyed without regard to
race, creed, color, national origin, sex, [A> SEXUAL ORIENTATION,
<A] or economic status.  
  
   The Legislature further recognizes that all [D> students <D] [A>
PUPILS <A] need to be provided with opportunities to explore and
make career choices and to seek appropriate instruction and
training to support those choices.  The Legislature therefore finds
that fairs as community resource and youth leadership activities
are integral to assisting and guiding [D> students <D] [A> PUPILS
<A] in making [D> such <D] [A> CAREER <A] choices and therefore
encourage the further expansion of cooperative activities between
schools, youth leadership activities, and community resources. 
Among community resources of particular significance in providing
information on various career opportunities are vocational and
occupational exhibits, demonstrations and activities conducted at
fairs.  
  
   SEC. 13. Section 51500 of the Education Code is amended to read: 
 
  
   51500. No teacher shall give instruction nor shall a school
district sponsor any activity [D> which <D] [A> THAT <A] reflects
adversely upon persons because of their race, sex, [A> SEXUAL
ORIENTATION, <A] color, creed, [D> handicap <D] [A> DISABILITY <A]
, national origin, or ancestry.  
  
   SEC. 14. Section 51501 of the Education Code is amended to read: 
 
  
   51501. No textbook, or other instructional materials shall be
adopted by the state board or by any governing board for use in the
public schools which contains any matter reflecting adversely upon
persons because of their race, sex, [A> SEXUAL ORIENTATION, <A]
color, creed, [D> handicap <D] [A> DISABILITY <A] , national
origin, or ancestry.  
  
   SEC. 15. Section 58019 of the Education Code is amended to read: 
 
  
   58019. The demonstration board shall authorize the parents or
legal guardian of scholarship recipients to use the demonstration
scholarships at any school in which the scholarship recipient is
enrolled which also:  
  
   (a) Meets all health and safety standards required by law.   
  
   (b) Does not discriminate in the admission of [D> students <D]
[A> PUPILS <A] and the hiring of teachers on the basis of race,
religion, color, national origin, economic status, political
affiliation, [D> or <D] sex [A> , OR SEXUAL ORIENTATION <A] and has
filed a certificate with the State Board of Education that the
school is in compliance with Title VI of the Civil Rights Act of
1964 (Public Law 88-352); and provides that [D> students <D] [A>
PUPILS <A] from disadvantaged racial or bilingual minority groups
be admitted in proportion as such students make application; and
takes an affirmative position to secure a racially, ethnically, and
socioeconomically integrated student body which shall, to the
greatest possible extent, reflect the racial, ethnic, and
socioeconomic composition of the demonstration area.  Any school
that receives applications in excess of enrollment capacity shall
fill at least 50 percent of its enrollment capacity by a lottery
among the applicants, to further assure nondiscriminatory
admissions procedures, except when the contract provides that
students currently enrolled and their younger siblings are not
subject to the lottery. Enforcement of this subdivision shall be
vested in the demonstration board. The demonstration board shall
immediately investigate all complaints of violations of this
subdivision and, after adequate notice and hearings, shall suspend
redemption of any scholarships by any school in violation of this
subdivision. The decision of the demonstration board shall be
final, except that nothing in this subdivision shall be construed
so as to deny judicial review. In the event an otherwise eligible
school is subsequently found to be ineligible, the demonstration
board shall immediately notify the parents of the students in
attendance of such ineligibility.  In such a case the district
shall provide for the continuing education of the child at another
school.   
  
   (c) In no case levies or requires any tuition, fee, or charge to
the participating [D> student <D] [A> PUPIL <A] above the value of
the education scholarship.  
  
   (d) Files with the demonstration board a statement of financial
responsibility in compliance with standards established by the
demonstration board.  
  
   (e) Provides public access to all financial and administrative
records and provides to the parent or guardian of each eligible
child in the demonstration area comprehensive information, in
written form, on the courses of study offered, curriculum,
materials and textbooks, the qualifications of the teachers,
administrators, and paraprofessionals employed, the minimum
schoolday, the salary schedules, the actual amount of money spent
per pupil and such other information as may be required by the
demonstration board.  In no case shall the public have access to
personal information concerning individual pupils without the
express approval of the [D> students' <D] [A> PUPILS' <A] parents
or guardians.  
  
   (f) Offers a comprehensive course of study in the basic skill
areas of mathematics and the English language.  
  
   (g) Maintains a register of reports, including monthly
attendance, and any other information as may be required by the
demonstration board.   
  
   (h) Expends the scholarship funds exclusively for the secular
education of [D> students <D] [A> PUPILS <A] .  
  
   SEC. 16. Section 58508 of the Education Code is amended to read: 
 
  
   58508. There shall be no racial, sex, [A> SEXUAL ORIENTATION,
<A] or ethnic discrimination in any aspect of the operation of
alternative schools.   
  
   SEC. 17. Section 60044 of the Education Code is amended to read: 
 
  
   60044. No instructional materials shall be adopted by any
governing board for use in the schools which, in its determination,
contains:   
  
   (a) Any matter reflecting adversely upon persons because of
their race, color, creed, national origin, ancestry, sex, [A>
SEXUAL ORIENTATION, <A] [D> handicap <D] [A> DISABILITY <A] , or
occupation.  
  
   (b) Any sectarian or denominational doctrine or propaganda
contrary to law.   
  
   SEC. 18. Section 69535 of the Education Code is amended to read: 
 
  
   69535. (a) Cal Grant Program awards shall be based upon the
financial need of the applicant.  The level of financial need of
each applicant shall be determined by the commission pursuant to
Article 1.5 (commencing with Section 69503).  
  
   (b) For the applicants so qualifying, academic criteria or
criteria related to past performances shall be utilized as the
criteria in determining eligibility for grants.  
  
   (c) All Cal Grant Program award recipients shall be residents of
California, as determined by the commission pursuant to Part 41
(commencing with Section 68000), and shall remain eligible only if
they are in attendance and making satisfactory progress through the
instructional programs, as determined by the commission.  
  
   (d) Part-time students shall not be discriminated against in the
selection of Cal Grant Program award recipients, and awards to
part-time students shall be roughly proportional to the time spent
in the instructional program, as determined by the commission.
First-time Cal Grant Program award recipients who are part-time
students shall be eligible for a full-time renewal award.   
  
   (e) Cal Grant Program awards shall be awarded without regard to
race, religion, creed, sex, [A> SEXUAL ORIENTATION, <A] or age.   
  
   (f) No applicant shall receive more than one type of Cal Grant
Program award concurrently.  Except as provided in subdivisions (b)
and (c) of Section 69535.1, no applicant shall:  
  
   (1) Receive one or a combination of Cal Grant Program awards in
excess of a total of four years of full-time attendance in an
undergraduate program.   
  
   (2) Have obtained a baccalaureate degree prior to receiving a
Cal Grant Program award.  
  
   (g) Cal Grant Program awards, except as provided in subdivision
(c) of Section 69535.1, may only be used for educational expenses
of a program of study leading directly to an undergraduate degree
or certificate, or for expenses of undergraduate coursework in a
program of study leading directly to a first professional degree,
but for which no baccalaureate degree is awarded.   
  
   (h) The commission may, for students who accelerate college
attendance, increase the amount of award for one academic year
proportional to the period of additional attendance resulting from
attendance at a summer term, session, or quarter.  In the
aggregate, the total amount a student may receive in a four-year
period may not be increased as a result of accelerating his or her
progress to a degree by attending summer terms, sessions, or
quarters.   
  
   (i) The commission may provide by appropriate rules and
regulations for reports, accounting, and statements from the award
winner and college or university of attendance pertaining to the
use or application of the award as the commission may deem proper. 

  
   (j) The commission may establish Cal Grant Program awards in one
hundred dollar ($ 100) increments.  
  
   (k) A Cal Grant Program award may be utilized only at a
California postsecondary educational institution or program that
participates in two of the three federal campus-based student aid
programs and whose students participate in the Pell Grant program. 

  
   SEC. 19. Section 69674 of the Education Code is amended to read: 
 
  
   69674. (a) The commission shall award fellowships to students
with demonstrated academic ability and financial need, as
determined by the commission pursuant to Article 1.5 (commencing
with Section 69503).   
  
   (b) The commission shall award fellowships without regard to
race, religion, creed, [D> or <D] sex [A> , OR SEXUAL ORIENTATION
<A] .  
  
   (c) The commission shall give priority consideration to students
who are historically disadvantaged, as defined by the commission,
or students from groups which are underrepresented in
graduate-level programs and among college and university faculty. 

  
   (d) The commission shall award fellowships to students who
demonstrate a commitment to and assurances of becoming a college or
university faculty member.   
  
   (e) The commission shall prescribe the forms for all
applications and certificates required in connection with the
fellowship program.   
  
   (f) The commission shall adopt rules and regulations as may be
necessary, or appropriate, for effecting the provisions of this
article.   
  
   SEC. 20. Section 69762 of the Education Code is amended to read: 
 
  
   69762. Loans made pursuant to this chapter shall be made without
regard to race, religion, creed [D> or <D] sex [A> , OR SEXUAL
ORIENTATION <A] .   
  
   SEC. 21. Section 69958 of the Education Code is amended to read: 
 
  
   69958. (a) Potential work-study positions may be located by the
institution or by eligible students in cooperation with the
institution. Each position located shall be critically reviewed by
the appropriate student financial aid and experiential education
personnel to determine whether it satisfies all the conditions
specified in Section 69960.  To assist the institution in assessing
the position, the employer shall submit a written statement to the
institution which provides all of the following information:  
  
   (1) The total number of positions available.  
  
   (2) A job description of each available position, including the
suggested rate of pay.  
  
   (3) The skills required of the prospective work-study employee. 
 
  
   (4) The educational benefits provided by the position.   
  
   (b) Once the institution has approved the work-study position,
the employer and the institution, acting as the authorized agent of
the Student Aid Commission, shall execute a written agreement which
confirms the employer's eligibility to participate in the program
and its willingness to comply with all program requirements, and
specifies the responsibilities of each of the parties. The
agreement shall be subject to annual renewal by mutual agreement of
the institution and the employer.  
  
   (c) Following execution of the agreement pursuant to subdivision
(b), the employer may interview prospective work-study employees.
The institution shall provide the employer and each applicant for
the work-study position with adequate information to facilitate a
proper placement.  Provided that the priorities specified in
Section 69959 have been met, the employer may indicate his or her
hiring preferences.  No employer shall discriminate between
applicants on the basis of race, color, sex, [A> SEXUAL
ORIENTATION, <A] religion, or national origin, or subject any
applicant to any other discriminatory practices prohibited by state
or federal law.   
  
   SEC. 22. Section 72011 of the Education Code is amended to read: 
 
  
   72011. Every community college district shall provide access to
its services, classes, and programs without regard to race,
religious creed, color, national origin, ancestry, [D> handicap <D]
[A> DISABILITY <A] , [D> or <D] sex [A> , OR SEXUAL ORIENTATION <A]
.  
  
   SEC. 23. Section 72014 of the Education Code is amended to read: 
 
  
   72014. No funds under the control of a community college
district shall ever be used for membership or for any participation
involving a financial payment or contribution, on behalf of the
district or any individual employed by or associated therewith, in
any private organization whose membership practices are
discriminatory on the basis of race, creed, color, sex, [A> SEXUAL
ORIENTATION, <A] religion, or national origin.  This section does
not apply to any public funds which have been paid to an individual
officer or employee of the district as salary, or to any funds
which are used directly or indirectly for the benefit of student
organizations.  
  
   SEC. 24. Section 87100 of the Education Code is amended to read: 
 
  
   87100. The Legislature finds and declares that:  
  
   (a) Generally, California Community Colleges employ a
disproportionately low number of racial and ethnic minority
classified employees and faculty and a disproportionately low
number of women and members of racial and ethnic minorities in
administrative positions.  
  
   (b) It is educationally sound for the minority student attending
a racially impacted school to have available the positive image
provided by minority classified and academic employees.  It is
likewise educationally sound for the student from the majority
group to have positive experiences with minority people which can
be provided, in part, by having minority classified and academic
employees at schools where the enrollment is largely made up of
majority group students.  It is also educationally important for
students to observe that women as well as men can assume
responsible and diverse roles in society.  
  
   (c) Past employment practices created artificial barriers and
past efforts to promote additional action in the recruitment,
employment, and promotion of women and minorities have not resulted
in a substantial increase in employment opportunities for such
persons.  
  
   (d) Lessons concerning democratic principles and the richness
which racial diversity brings to our national heritage can be best
taught by the presence of staffs of mixed races and ethnic groups
working toward a common goal.   
  
   It is the intent of the Legislature to establish and maintain a
policy of equal opportunity in employment for all persons and to
prohibit discrimination based on race, sex, [A> SEXUAL ORIENTATION,
<A] color, religion, age, [D> handicap <D] [A> DISABILITY <A] ,
ancestry, or national origin in every aspect of personnel policy
and practice in employment, development, advancement, and treatment
of persons employed in the public school system, and to promote the
total realization of equal employment opportunity through a
continuing affirmative action employment program.  
  
   The Legislature recognizes that it is not enough to proclaim
that public employers do not discriminate in employment but that
effort must also be made to build a community in which opportunity
is equalized.  It is the intent of the Legislature to require
educational agencies to adopt and implement plans for increasing
the numbers of women and minority persons at all levels of
responsibility.  
  
   SEC. 25. Section 87400 of the Education Code is amended to read: 
 
  
   87400. Governing boards of community college districts shall
employ for academic positions, only persons who possess the
qualifications therefor prescribed by regulation of the board of
governors.  It shall be contrary to the public policy of this state
for any person or persons charged, by those governing boards, with
the responsibility of recommending persons for employment by those
boards to refuse or to fail to do so for reasons of race, color,
religious creed, sex, [A> SEXUAL ORIENTATION, <A] or national
origin of those applicants for that employment.  
  
   SEC. 26. Section 88112 of the Education Code is amended to read: 
 
  
   88112. No questions relating to political or religious opinions
or affiliations, race, color, national origin or ancestry, sex, [A>
SEXUAL ORIENTATION, <A] or marital status shall be asked of any
applicant, or any candidate whose name has been certified for
appointment, nor shall any discrimination be exercised therefor.  
  
   SEC. 27. Section 89757 of the Education Code is amended to read: 
 
  
   89757. None of the funds enumerated in Section 89756, nor any of
the funds of an auxiliary organization, shall ever be used by any
university or college for membership or for any participation
involving a financial payment or contribution, on behalf of the
institution, or any individual employed by or associated therewith,
in any private organization whose membership practices are
discriminatory on the basis of race, creed, color, sex, [A> SEXUAL
ORIENTATION, <A] religion, or national origin. This section does
not apply to any public funds which have been paid to an individual
employee or officer as salary, or to any funds which are used
directly or indirectly for the benefit of student organizations.  
  
   SEC. 28. Section 92150 of the Education Code is amended to read: 
 
  
   92150. No state funds under the control of an officer or
employee of the University of California shall ever be used for
membership or for any participation involving a financial payment
or contribution, on behalf of the university, or any individual
employed by or associated therewith, in any private organization
whose membership practices are discriminatory on the basis of race,
creed, color, sex, [A> SEXUAL ORIENTATION, <A] religion, or
national origin.  This section does not apply to any public funds
which have been paid to an individual employee or officer of the
university as salary, or to any funds which are used directly or
indirectly for the benefit of student organizations.   
  
   SEC. 29. Notwithstanding Section 17610 of the Government Code,
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.  If the statewide cost of the claim
for reimbursement does not exceed one million dollars ($
1,000,000), reimbursement shall be made from the State Mandates
Claims Fund.  
  
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to
the California Constitution.   
  
SPONSOR:    
Kuehl