Crazies promise to abandon California public schools?


No, the news is not that good, really. It’s not really news, either. WorldNet Daily, an on-line publication of borderline sanity, may have left the border.

If only it were a promise, instead of a “call to abandon the schools.”

“We’re calling upon every California parent to pull their child out of California’s public school system,” Randy Thomasson, president of Campaign for Children and Families, told WND.

“The so-called ‘public schools’ are no longer a safe emotional environment for children. Under the new law, schoolchildren as young as kindergarten will be sexually indoctrinated and introduced to homosexuality, bisexuality, and transsexuality, over the protests of parents, teachers and even school districts,” he said.

The law at issue went through the California legislature as SB 777, and now bans in school texts and activities any discriminatory bias against those who have chosen alternative sexual lifestyles, Meredith Turney, legislative liaison for Capitol Resource Institute, said.

There are no similar protections for students with traditional or conservative lifestyles and beliefs, however. Offenders will face the wrath of the state Department of Education, up to and including lawsuits.

“So-called ‘public schools?'”

Below the fold, the full text of the law. You’ll note, Dear Reader, that the law includes protections for “students with traditional or conservative lifestyles and beliefs,” under the prohibition of discrimination on the bases of religion or sexual orientation, “or any other characteristic contained in the definition of hate crimes that is contained in the Penal Code.”

The new law will make it a crime to bully homosexual kids. Is that the real reason WND is worried about the bill, that it makes bullying a crime?

Why would anyone want to defend a right to bully kids? The purpose of the law is clear, from its purpose clause:

Existing law states that it is the policy of the state to afford equal rights and opportunities to all persons in the public or private elementary and secondary schools and postsecondary educational institutions of the state regardless of their sex, ethnic group identification, race, national origin, religion, or mental or physical disability and prohibits a person from being subjected to discrimination on those bases and contains various provisions to implement that policy.

Existing law prohibits a teacher from giving instruction, and a school district from sponsoring any activity, that reflects adversely upon persons because of their race, sex, color, creed, handicap, national origin, or ancestry.

This bill would revise the list of prohibited bases of discrimination and the kinds of prohibited instruction and activities and, instead, would refer to disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic contained in the definition of hate crimes that is contained in the Penal Code. The bill would define disability, gender, nationality, race or ethnicity, religion, and sexual orientation for this purpose.

Would you pull your kid out of a public school because she doesn’t have a right to bully anybody?

Critics of the bill object even to correcting English usage on forms asking information about students; forms may now ask “gender” rather than the more gauche “sex.” California’s Catholics for the Common Good found that correction a threat, somehow:

“Who knows what the consequences would be of deleting the definition of ‘sex’ of a child as a biological fact and replace it with ‘gender,’ a subjective term to be determined by the student. The legislature never investigated the cost of accommodating student preferences for lavatory and locker room facilities.”

Here is the full text of the law.

BILL NUMBER: SB 777	CHAPTERED

 BILL TEXT	CHAPTER  569

 FILED WITH SECRETARY OF STATE  OCTOBER 12, 2007

 APPROVED BY GOVERNOR  OCTOBER 12, 2007

 PASSED THE SENATE  SEPTEMBER 11, 2007

 PASSED THE ASSEMBLY  SEPTEMBER 11, 2007

 AMENDED IN ASSEMBLY  SEPTEMBER 6, 2007

 AMENDED IN ASSEMBLY  JULY 3, 2007

 AMENDED IN SENATE  MAY 10, 2007

 AMENDED IN SENATE  APRIL 9, 2007

INTRODUCED BY   Senator Kuehl

   (Coauthor: Assembly Member Jones)

FEBRUARY 23, 2007

An act to amend Sections 200, 220, 235, 260, 14058, 18701, 18710,

18720, 19323, 35316, 35351, 39830, 44253.2, 44253.3, 44866, 46192,

47605, 51004, 51500, 51802, 60800, 66030, 66210, 66250, 66251, 66270,

66292, 66292.1, 66292.2, 69535, 72011, 72012, 72014, 82305.6, 89757,

92150, and 94600 of, to amend and renumber Sections 220.5 and

66270.5 of, to amend, renumber, and add Section 210.1 of, to add

Sections 210.7, 212.1, 212.3, 212.6, 219, 66260.5, 66260.7, 66261.5,

66261.7, 66262.7, and 66269 to, to repeal Section 72013 of, and to

repeal and add Sections 212 and 66262 of, the Education Code,

relating to education.

LEGISLATIVE COUNSEL'S DIGEST

SB 777, Kuehl. Discrimination.

   (1) Existing law states that it is the policy of the state to

afford equal rights and opportunities to all persons in the public or

private elementary and secondary schools and postsecondary

educational institutions of the state regardless of their sex, ethnic

group identification, race, national origin, religion, or mental or

physical disability and prohibits a person from being subjected to

discrimination on those bases and contains various provisions to

implement that policy.

   Existing law prohibits a teacher from giving instruction, and a

school district from sponsoring any activity, that reflects adversely

upon persons because of their race, sex, color, creed, handicap,

national origin, or ancestry.

   This bill would revise the list of prohibited bases of

discrimination and the kinds of prohibited instruction and activities

and, instead, would refer to disability, gender, nationality, race

or ethnicity, religion, sexual orientation, or any other

characteristic contained in the definition of hate crimes that is

contained in the Penal Code. The bill would define disability,

gender, nationality, race or ethnicity, religion, and sexual

orientation for this purpose.

   (2) Existing laws relating to education refer to "handicapped

pupils," "handicapped adults," "physically handicapped pupils,"

"physically handicapped adults," "the handicapped," and "handicapped

persons."

   This bill would change these terms to "pupils with disabilities,"

"adults with disabilities," "pupils with physical disabilities,"

"adults with physical disabilities," and "persons with disabilities."

(3) This bill would incorporate additional changes in Section

44253.3 of the Education Code, proposed by SB 859, to be operative

only if SB 859 and this bill are both chaptered and become effective

on or before January 1, 2008, and this bill is chaptered last.

   (4) This bill would incorporate additional changes in Section

66270 of the Education Code, proposed by AB 14, to be operative only

if AB 14 and this bill are both chaptered and become effective on or

before January 1, 2008, and this bill is chaptered last.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.  This act shall be known, and may be cited, as the

California Student Civil Rights Act.

  SEC. 1.5.  Section 200 of the Education Code is amended to read:

   200.  It is the policy of the State of California to afford all

persons in public schools, regardless of their disability, gender,

nationality, race or ethnicity, religion, sexual orientation, or any

other characteristic that is contained in the definition of hate

crimes set forth in Section 422.55 of the Penal Code, equal rights

and opportunities in the educational institutions of the state. The

purpose of this chapter is to prohibit acts that are contrary to that

policy and to provide remedies therefor.

  SEC. 2.  Section 210.1 of the Education Code is amended and

renumbered to read:

   210.3.  "Educational institution" means a public or private

preschool, elementary, or secondary school or institution; the

governing board of a school district; or any combination of school

districts or counties recognized as the administrative agency for

public elementary or secondary schools.

  SEC. 3.  Section 210.1 is added to the Education Code, to read:

   210.1.  "Disability" includes mental and physical disability as

defined in Section 12926 of the Government Code.

  SEC. 4.  Section 210.7 is added to the Education Code, to read:

   210.7.  "Gender" means sex, and includes a person's gender

identity and gender related appearance and behavior whether or not

stereotypically associated with the person's assigned sex at birth.

  SEC. 5.  Section 212 of the Education Code is repealed.

  SEC. 6.  Section 212 is added to the Education Code, to read:

   212.  "Nationality" includes citizenship, country of origin, and

national origin.

  SEC. 7.  Section 212.1 is added to the Education Code, to read:

   212.1.  "Race or ethnicity" includes ancestry, color, ethnic group

identification, and ethnic background.

  SEC. 8.  Section 212.3 is added to the Education Code, to read:

   212.3.  "Religion" includes all aspects of religious belief,

observance, and practice and includes agnosticism and atheism.

  SEC. 9.  Section 212.6 is added to the Education Code, to read:

   212.6.  "Sexual orientation" means heterosexuality, homosexuality,

or bisexuality.

  SEC. 10.  Section 219 is added to the Education Code, to read:

   219.  Disability, gender, nationality, race or ethnicity,

religion, sexual orientation, or any other characteristic contained

in the definition of hate crimes set forth in Section 422.55 of the

Penal Code includes a perception that the person has any of those

characteristics or that the person is associated with a person who

has, or is perceived to have, any of those characteristics.

  SEC. 11.  Section 220 of the Education Code is amended to read:

   220.  No person shall be subjected to discrimination on the basis

of disability, gender, nationality, race or ethnicity, religion,

sexual orientation, or any other characteristic that is contained in

the definition of hate crimes set forth in Section 422.55 of the

Penal Code in any program or activity conducted by an educational

institution that receives, or benefits from, state financial

assistance or enrolls pupils who receive state student financial aid.

SEC. 12.  Section 220.5 of the Education Code is amended and

renumbered to read:

   221.  This article shall not apply to an educational institution

that is controlled by a religious organization if the application

would not be consistent with the religious tenets of that

organization.

  SEC. 13.  Section 235 of the Education Code is amended to read:

   235.  There shall be no discrimination on the basis of the

characteristics listed in Section 220 in any aspect of the operation

of alternative schools or charter schools.

  SEC. 14.  Section 260 of the Education Code is amended to read:

   260.  The governing board of a school district shall have the

primary responsibility for ensuring that school district programs and

activities are free from discrimination based on age and the

characteristics listed in Section 220 and for monitoring compliance

with any and all rules and regulations promulgated pursuant to

Section 11138 of the Government Code.

  SEC. 15.  Section 14058 of the Education Code is amended to read:

   14058.  (a) For all adults with disabilities educated by the

county superintendent of schools, for all secondary schools

maintained in juvenile halls, juvenile homes, and juvenile camps by

the county superintendent of schools, and for all pupils enrolled in

grades 9 to 12, inclusive, in opportunity schools and classes and all

continuation schools and classes maintained by the county

superintendent of schools, the Superintendent shall allow the same

amount as he or she would compute for the foundation program of a

high school district under Section 41712.

   (b) Notwithstanding subdivision (a), the total of allowances for

education of adults with disabilities in classes established by the

county superintendent of schools pursuant to Section 52570 or 78440

shall not exceed fifty thousand dollars ($50,000) in any one fiscal

year. The Superintendent shall establish a system of priorities that

he or she shall by rule or regulation adopt that shall give highest

priority to those counties in which no program or an insufficient

program for the education of adults with disabilities is provided by

the school districts within the county, in order to comply with the

limitation prescribed by this section.

  SEC. 16.  Section 18701 of the Education Code is amended to read:

   18701.  The Legislature finds and declares that it is in the

interest of the people of the state to insure that all people have

free and convenient access to all library resources and services that

might enrich their lives, regardless of where they live or of the

tax base of their local government.

   This finding is based on the recognition that:

   (a) The public library is a primary source of information,

recreation, and education to persons of all ages, any location, or

any economic circumstance.

   (b) The expansion of knowledge and the increasing complexity of

our society create needs for materials and information that go beyond

the ability of any one library to provide.

   (c) The public libraries of California are supported primarily by

local taxes. The ability of local governments to provide adequate

service is dependent on the taxable wealth of each local jurisdiction

and varies widely throughout the state.

   (d) Public libraries are unable to bear the greater costs of

meeting the exceptional needs of many residents, including people

with disabilities, non-English-speaking and limited-English-speaking

persons, those who are confined to home or in an institution, and

those who are economically disadvantaged.

   (e) The effective sharing of resources and services among the

libraries of California requires an ongoing commitment by the state

to compensate libraries for services beyond their clientele.

   (f) The sharing of services and resources is most efficient when a

common database is available to provide information on where

materials can be found.

  SEC. 17.  Section 18710 of the Education Code is amended to read:

   18710.  As used in this chapter, unless the context otherwise

indicates or unless specific exception is made:

   (a) "Academic library" means a library established and maintained

by a college or university to meet the needs of its students and

faculty, and others by agreement.

   (b) "Act" means the California Library Services Act.

   (c) "Cooperative library system" means a public library system

that consists of two or more jurisdictions entering into a written

agreement to implement a regional program in accordance with this

chapter, and which, as of the effective date of this chapter, was

designated a library system under the Public Library Services Act of

1963 or was a successor to such a library system.

   (d) "Direct loan" means the lending of a book or other item

directly to a borrower.

   (e) "Equal access" means the right of the residents of

jurisdictions that are members of a cooperative library system to use

on an equal basis with one another the services and loan privileges

of any and all other members of the same system.

   (f) "Independent public library" means a public library not a

member of a system.

   (g) "Interlibrary loan" means the lending of a book or other item

from one library to another as the result of a user request for the

item.

   (h) "Interlibrary reference" means the providing of information by

one library or reference center to another library or reference

center as the result of a user request for the information.

   (i) "Jurisdiction" means a county, city and county, city, or any

district that is authorized by law to provide public library services

and that operates a public library.

   (j) "Libraries for institutionalized persons" means libraries

maintained by institutions for the purpose of serving their resident

populations.

   (k) "Net imbalance" means the disproportionate cost incurred under

universal borrowing or equal access when a library directly lends a

greater number of items to users from outside its jurisdiction than

its residents directly borrow from libraries of other jurisdictions.

   () "Public library" means a library, or two or more libraries,

that is operated by a single public jurisdiction and that serves its

residents free of charge.

   (m) "School library" means an organized collection of printed and

audiovisual materials that satisfies all of the following criteria:

   (1) Is administered as a unit.

   (2) Is located in a designated place.

   (3) Makes printed, audiovisual, and other materials as well as

necessary equipment and services of a staff accessible to elementary

and secondary school pupils and teachers.

   (n) "Special library" means one maintained by an association,

government service, research institution, learned society,

professional association, museum, business firm, industrial

enterprise, chamber of commerce, or other organized group, the

greater part of their collections being in a specific field or

subject, e.g., natural sciences, economics, engineering, law, and

history.

   (o) "Special Services Programs" means a project establishing or

improving service to the underserved of all ages.

   (p) "State board" means the California Library Services Board.

   (q) "System" means a cooperative library system.

   (r) "Underserved" means any population segment with exceptional

service needs not adequately met by traditional library service

patterns; including, but not limited to, those persons who are

geographically isolated, economically disadvantaged, functionally

illiterate, of non-English-speaking or limited-English-speaking

ability, shut-in, or institutionalized, or who are persons with

disabilities.

   (s) "Universal borrowing" means the extension by a public library

of its direct loan privileges to the eligible borrowers of all other

public libraries.

  SEC. 18.  Section 18720 of the Education Code is amended to read:

   18720.  (a) There is hereby established in the state government

the California Library Services Board, to consist of 13 members. The

Governor shall appoint nine members of the board. Three of the

Governor's appointments shall be representative of laypersons, one of

whom shall represent people with disabilities, one of whom shall

represent limited- and non-English-speaking persons, and one of whom

shall represent economically disadvantaged persons.

   (b) The Governor shall also appoint six members of the board, each

of whom shall represent one of the following categories: school

libraries, libraries for institutionalized persons, public library

trustees or commissioners, public libraries, special libraries, and

academic libraries.

   (c) The Legislature shall appoint the remaining four public

members from persons who are not representative of categories

mentioned in this section. Two shall be appointed by the Senate Rules

Committee and two shall be appointed by the Speaker of the Assembly.

(d) The terms of office of members of the board shall be for four

years and shall begin on January 1 of the year in which the

respective terms are to start.

  SEC. 19.  Section 19323 of the Education Code is amended to read:

   19323.  The State Librarian shall make available on a loan basis

to legally blind persons, or to persons with a disability that

prevents them from reading conventional printed materials, in the

state tape recordings of books and other related materials. The tape

recordings shall be selected by the State Library on the same basis

as the State Library's general program for providing library

materials to legally blind readers.

  SEC. 20.  Section 35316 of the Education Code is amended to read:

   35316.  An applicant for a loan from the fund shall make

application therefor in accordance with reasonable rules and

regulations established by the governing board of the school

district, provided that the rules and regulations shall not include

any conditions limiting eligibility on account of the characteristics

listed in Section 220.

  SEC. 21.  Section 35351 of the Education Code is amended to read:

   35351.  No public school pupil shall be assigned to or be required

to attend a particular school because of the characteristics listed

in Section 220.

  SEC. 22.  Section 39830 of the Education Code is amended to read:

   39830.  A schoolbus is any motor vehicle designed, used, or

maintained for the transportation of a school pupil at or below the

grade 12 level to or from a public or private school or to or from

public or private school activities, except the following:

   (a) A motor vehicle of any type carrying only members of the

household of its owner.

   (b) A motortruck transporting pupils who are seated only in the

passenger compartment, and a passenger vehicle designed for and when

actually carrying not more than 10 persons, including the driver,

except any vehicle or truck transporting two or more pupils who use

wheelchairs.

   (c) A motor vehicle operated by a common carrier, or by and under

exclusive jurisdiction of a publicly owned or operated transit

system, only during the time it is on a scheduled run and is

available to the general public or on a run scheduled in response to

a request from a pupil who uses a wheelchair, or from a parent of the

pupil, for transportation to or from nonschool activities. However,

the motor vehicle is designed for and actually carries not more than

16 persons and the driver, is available to eligible persons of the

general public, and the school does not provide the requested

transportation service.

   (d) A school pupil activity bus as defined in Section 39830.1.

   (e) A motor vehicle operated by a carrier licensed by the

Interstate Commerce Commission that is transporting pupils on a

school activity entering or returning to the state from another state

or country.

   (f) A state-owned motor vehicle being operated by a state employee

upon the driveways, paths, parking facilities, or grounds specified

in Section 21113 of the Vehicle Code that are under the control of a

state hospital under the jurisdiction of the State Department of

Developmental Services where the posted speed limit is not more than

20 miles per hour. The motor vehicle may also be operated for a

distance of not more than one-quarter mile upon a public street or

highway that runs through the grounds of a state hospital under the

jurisdiction of the State Department of Developmental Services, if

the posted speed limit on the public street or highway is not more

than 25 miles per hour and if all traffic is regulated by posted stop

signs or official traffic control signals at the points of entry and

exit by the motor vehicle.

  SEC. 23.  Section 44253.2 of the Education Code is amended to read:

44253.2.  For purposes of this chapter, the following terms shall

have the following meanings, unless the context otherwise requires:

   (a) "Instruction for English language development" means

instruction designed specifically for limited-English-proficient

pupils to develop their listening, speaking, reading, and writing

skills in English.

   (b) "Specially designed content instruction delivered in English"

means instruction in a subject area, delivered in English, that is

specially designed to meet the needs of limited-English-proficient

pupils.

   (c) "Content instruction delivered in the primary language" means

instruction in a subject area delivered in the primary language of

the pupil.

   (d) "Instruction for primary language development" means

instruction designed to develop a pupil's listening, speaking,

reading, and writing skills in the primary language of the pupil.

   (e) "Culture and cultural diversity" means an understanding of

human relations, including the following:

   (1) The nature and content of culture.

   (2) Cross cultural contact and interactions.

   (3) Cultural diversity in the United States and California.

   (4) Approaches to providing instruction responsive to the

diversity of the pupil population.

   (5) Recognizing and responding to behavior related to bias based

on the characteristics listed in Section 220.

   (6) Techniques for the peaceful resolution of conflict.

  SEC. 24.  Section 44253.3 of the Education Code is amended to read:

44253.3.  (a) The commission shall issue a certificate that

authorizes the holder to provide all of the following services to

limited-English-proficient pupils:

   (1) Instruction for English language development in preschool,

kindergarten, grades 1 to 12, inclusive, and classes organized

primarily for adults, except when the requirement specified in

paragraph (1) of subdivision (b) is satisfied by the possession of a

children's center instructional permit pursuant to Sections 8363 and

44252.7, a children's center supervision permit pursuant to Section

8363, or a designated subjects teaching credential in adult education

pursuant to Section 44260.2. If the requirement specified in

paragraph (1) of subdivision (b) is satisfied by the possession of a

children's center instructional permit, or a children's center

supervision permit, instruction for English language development is

limited to the programs authorized by that permit. If the requirement

specified in paragraph (1) of subdivision (b) is satisfied by the

possession of a designated subjects teaching credential in adult

education, instruction for English language development is limited to

classes organized primarily for adults.

   (2) Specially designed content instruction delivered in English in

the subjects and at the levels authorized by the teacher's

prerequisite credential or permit used to satisfy the requirement

specified in paragraph (1) of subdivision (b).

   (b) The minimum requirements for the certificate shall include all

of the following:

   (1) Possession of a valid California teaching credential, services

credential, children's center instructional permit, or children's

center supervision permit which credential or permit authorizes the

holder to provide instruction to pupils in preschool, kindergarten,

any of grades 1 to 12, inclusive, or classes primarily organized for

adults, except for any of the following:

   (A) Emergency credentials or permits.

   (B) Exchange credentials as specified in Section 44333.

   (C) District intern credentials as specified in Section 44325.

   (D) Sojourn certificated employee credentials as specified in

Section 44856.

   (E) Teacher education internship credentials as specified in

Article 3 (commencing with Section 44450) of Chapter 3.

   (2) Passage of one or more examinations that the commission

determines are necessary for demonstrating the knowledge and skills

required for effective delivery of the services authorized by the

certificate.

   (3) Completion of at least six semester units, or nine quarter

units, of coursework in a second language at a regionally accredited

institution of postsecondary education. The commission shall

establish minimum standards for scholarship in the required

coursework. The commission shall also establish alternative ways in

which the requirement can be satisfied by language-learning

experience that creates an awareness of the challenges of second

language acquisition and development.

   (c) Completion of coursework in human relations in accordance with

the commission's standards of program quality and effectiveness that

includes, at a minimum, instruction in the following:

   (1) The nature and content of culture.

   (2) Crosscultural contact and interactions.

   (3) Cultural diversity in the United States and California.

   (4) Providing instruction responsive to the diversity of the pupil

population.

   (5) Recognizing and responding to behavior related to bias based

on the characteristics listed in Section 220.

   (6) Techniques for the peaceful resolution of conflict.

   (d) The commission shall establish alternative requirements for a

teacher to earn the certificate, which shall be awarded as a

supplementary authorization pursuant to subdivision (e) of Section

44225.

   (e) A teacher who possesses a credential or permit described in

paragraph (1) of subdivision (b) and is able to present a valid

out-of-state credential or certificate that authorizes the

instruction of English language learners may qualify for the

certificate issued under this section by submitting an application

and fee to the commission.

   (f) The certificate shall remain valid as long as the prerequisite

credential or permit specified in paragraph (1) of subdivision (b)

remains valid.

  SEC. 24.5.  Section 44253.3 of the Education Code is amended to

read:

   44253.3.  (a) The commission shall issue a certificate that

authorizes the holder to provide all of the following services to

limited-English-proficient pupils:

   (1) Instruction for English language development in preschool,

kindergarten, grades 1 to 12, inclusive, and classes organized

primarily for adults, except when the requirement specified in

paragraph (1) of subdivision (b) is satisfied by the possession of a

children's center instructional permit pursuant to Sections 8363 and

44252.7, a children's center supervision permit pursuant to Section

8363, or a designated subjects teaching credential in adult education

pursuant to Section 44260.2. If the requirement specified in

paragraph (1) of subdivision (b) is satisfied by the possession of a

children's center instructional permit, or a children's center

supervision permit, instruction for English language development is

limited to the programs authorized by that permit. If the requirement

specified in paragraph (1) of subdivision (b) is satisfied by the

possession of a designated subjects teaching credential in adult

education, instruction for English language development is limited to

classes organized primarily for adults.

   (2) Specially designed content instruction delivered in English in

the subjects and at the levels authorized by the teacher's

prerequisite credential or permit used to satisfy the requirement

specified in paragraph (1) of subdivision (b).

   (b) The minimum requirements for the certificate shall include all

of the following:

   (1) Possession of a valid California teaching credential, services

credential, visiting faculty permit, children's center instructional

permit, or children's center supervision permit which credential or

permit authorizes the holder to provide instruction to pupils in

preschool, kindergarten, any of grades 1 to 12, inclusive, or classes

primarily organized for adults, except for any of the following:

   (A) Emergency credentials or permits.

   (B) Exchange credentials as specified in Section 44333.

   (C) District intern credentials as specified in Section 44325.

   (D) Sojourn certificated employee credentials as specified in

Section 44856.

   (E) Teacher education internship credentials as specified in

Article 3 (commencing with Section 44450) of Chapter 3.

   (2) Passage of one or more examinations that the commission

determines are necessary for demonstrating the knowledge and skills

required for effective delivery of the services authorized by the

certificate.

   (3) Completion of at least six semester units, or nine quarter

units, of coursework in a second language at a regionally accredited

institution of postsecondary education. The commission shall

establish minimum standards for scholarship in the required

coursework. The commission shall also establish alternative ways in

which the requirement can be satisfied by language-learning

experience that creates an awareness of the challenges of

second-language acquisition and development.

   (c) Completion of coursework in human relations in accordance with

the commission's standards of program quality and effectiveness that

includes, at a minimum, instruction in the following:

   (1) The nature and content of culture.

   (2) Crosscultural contact and interactions.

   (3) Cultural diversity in the United States and California.

   (4) Providing instruction responsive to the diversity of the pupil

population.

   (5) Recognizing and responding to behavior related to bias based

on the characteristics listed in Section 220.

   (6) Techniques for the peaceful resolution of conflict.

   (d) The commission shall establish alternative requirements for a

teacher to earn the certificate, which shall be awarded as a

supplementary authorization pursuant to subdivision (e) of Section

44225.

   (e) A teacher who possesses a credential or permit described in

paragraph (1) of subdivision (b) and is able to present a valid

out-of-state credential or certificate that authorizes the

instruction of English language learners may qualify for the

certificate issued under this section by submitting an application

and fee to the commission.

   (f) The certificate shall remain valid as long as the prerequisite

credential or permit specified in paragraph (1) of subdivision (b)

remains valid.

  SEC. 25.  Section 44866 of the Education Code is amended to read:

   44866.  The qualifications of a home instructor of pupils with

physical disabilities shall be a valid teaching credential or a

credential authorizing the teaching of exceptional children in an

area of specialized preparation issued by the state board, or the

Commission on Teacher Credentialing.

  SEC. 26.  Section 46192 of the Education Code is amended to read:

   46192.  Each clock hour of teaching time devoted to the individual

instruction of adults with physical disabilities who are patients in

a tuberculosis ward or hospital maintained by one or more counties

shall count as one day of attendance but no such adult shall be

credited with more than one day of attendance in any calendar day.

   SEC. 27.  Section 47605 of the Education Code is amended to read:

   47605.  (a) (1) Except as set forth in paragraph (2), 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. A petition for the establishment of a charter school

shall identify a single charter school that will operate within the

geographic boundaries of that school district. A charter school may

propose to operate at multiple sites within the school district, as

long as each location is identified in the charter school petition.

The petition may be submitted to the governing board of the school

district for review after either of the following conditions are met:

(A) The petition has been signed by a number of parents or legal

guardians of pupils that is equivalent to at least one-half of the

number of pupils that the charter school estimates will enroll in the

school for its first year of operation.

   (B) The petition has been signed by a number of teachers that is

equivalent to at least one-half of the number of teachers that the

charter school estimates will be employed at the school during its

first year of operation.

   (2) A petition that proposes to convert an existing public school

to a charter school that would not be eligible for a loan pursuant to

subdivision (b) of Section 41365 may be circulated by any one or

more persons seeking to establish the charter school. The petition

may be submitted to the governing board of the school district for

review after the petition has been signed by not less than 50 percent

of the permanent status teachers currently employed at the public

school to be converted.

   (3) A petition shall include a prominent statement that a

signature on the petition means that the parent or legal guardian is

meaningfully interested in having his or her child or ward attend the

charter school, or in the case of a teacher's signature, means that

the teacher is meaningfully interested in teaching at the charter

school. The proposed charter shall be attached to the petition.

   (4) After receiving approval of its petition, a charter school

that proposes to establish operations at one or more additional sites

shall request a material revision to its charter and shall notify

the authority that granted its charter of those additional locations.

The authority that granted its charter shall consider whether to

approve those additional locations at an open, public meeting. If the

additional locations are approved, they shall be a material revision

to the charter school's charter.

   (5) Notwithstanding subdivision (a), a charter school that is

unable to locate within the jurisdiction of the chartering school

district may establish one site outside the boundaries of the school

district, but within the county within which that school district is

located, if the school district within whose jurisdiction the charter

school proposes to operate is notified in advance of the charter

petition approval, the county superintendent of schools and the

Superintendent are notified of the location of the charter school

before it commences operations, and either of the following

circumstances exist:

   (A) The school has attempted to locate a single site or facility

to house the entire program, but a site or facility is unavailable in

the area in which the school chooses to locate.

   (B) The site is needed for temporary use during a construction or

expansion project.

   (6) Commencing January 1, 2003, a petition to establish a charter

school may not be approved to serve pupils in a grade level that is

not served by the school district of the governing board considering

the petition, unless the petition proposes to serve pupils in all of

the grade levels served by that school district.

   (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 governing board of the school district

shall consider the level of support for the petition by teachers

employed by the district, other employees of the district, and

parents. Following review of the petition and the public hearing, the

governing board of the school district 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. In reviewing petitions for the

establishment of charter schools pursuant to this section, the

chartering authority shall be guided by the intent of the Legislature

that charter schools are and should become an integral part of the

California educational system and that establishment of charter

schools should be encouraged. The governing board of the school

district shall grant a charter for the operation of a school under

this part if it is satisfied that granting the charter is consistent

with sound educational practice. The governing board of the school

district shall not deny a petition for the establishment of a charter

school unless it makes written factual findings, specific to the

particular petition, setting forth specific facts to support one or

more of the following findings:

   (1) The charter school presents an unsound educational program for

the pupils to be enrolled in the charter school.

   (2) The petitioners are demonstrably unlikely to successfully

implement the program set forth in the petition.

   (3) The petition does not contain the number of signatures

required by subdivision (a).

   (4) The petition does not contain an affirmation of each of the

conditions described in subdivision (d).

   (5) The petition does not contain reasonably comprehensive

descriptions of all of the following:

   (A) (i) 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.

   (ii) If the proposed school will serve high school pupils, a

description of the manner in which the charter school will inform

parents about the transferability of courses to other public high

schools and the eligibility of courses to meet college entrance

requirements. Courses offered by the charter school that are

accredited by the Western Association of Schools and Colleges may be

considered transferable and courses approved by the University of

California or the California State University as creditable under the

"A" to "G" admissions criteria may be considered to meet college

entrance requirements.

   (B) 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.

   (C) The method by which pupil progress in meeting those pupil

outcomes is to be measured.

   (D) The governance structure of the school, including, but not

limited to, the process to be followed by the school to ensure

parental involvement.

   (E) The qualifications to be met by individuals to be employed by

the school.

   (F) 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.

   (G) 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.

   (H) Admission requirements, if applicable.

   (I) The manner in which annual, independent, financial audits

shall be conducted, which shall employ generally accepted accounting

principles, and the manner in which audit exceptions and deficiencies

shall be resolved to the satisfaction of the chartering authority.

   (J) The procedures by which pupils can be suspended or expelled.

   (K) 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.

   (L) The public school attendance alternatives for pupils residing

within the school district who choose not to attend charter schools.

   (M) 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.

   (N) The procedures to be followed by the charter school and the

entity granting the charter to resolve disputes relating to

provisions of the charter.

   (O) A declaration whether or not the charter school shall be

deemed the exclusive public school employer of the employees of the

charter school for the purposes of the Educational Employment

Relations Act (Chapter 10.7 (commencing with Section 3540) of

Division 4 of Title 1 of the Government Code).

   (P) A description of the procedures to be used if the charter

school closes. The procedures shall ensure a final audit of the

school to determine the disposition of all assets and liabilities of

the charter school, including plans for disposing of any net assets

and for the maintenance and transfer of pupil records.

   (c) (1) Charter schools shall meet all statewide standards and

conduct the pupil assessments required pursuant to Sections 60605 and

60851 and any other statewide standards authorized in statute or

pupil assessments applicable to pupils in noncharter public schools.

   (2) Charter schools shall, on a regular basis, consult with their

parents, legal guardians, and teachers regarding the school's

educational programs.

   (d) (1) 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 the characteristics listed in Section 220.

Except as provided in paragraph (2), 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 legal 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.

   (2) (A) A charter school shall admit all pupils who wish to attend

the school.

   (B) However, if the number of pupils who wish to attend the

charter school exceeds the school's capacity, attendance, except for

existing pupils of the charter school, shall be determined by a

public random drawing. Preference shall be extended to pupils

currently attending the charter school and pupils who reside in the

district except as provided for in Section 47614.5. Other preferences

may be permitted by the chartering authority on an individual school

basis and only if consistent with the law.

   (C) In the event of a drawing, the chartering authority shall make

reasonable efforts to accommodate the growth of the charter school

and, in no event, shall take any action to impede the charter school

from expanding enrollment to meet pupil demand.

   (3) If a pupil is expelled or leaves the charter school without

graduating or completing the school year for any reason, the charter

school shall notify the superintendent of the school district of the

pupil's last known address within 30 days, and shall, upon request,

provide that school district with a copy of the cumulative record of

the pupil, including a transcript of grades or report card, and

health information. This paragraph applies only to pupils subject to

compulsory full-time education pursuant to Section 48200.

   (e) The governing board of a school district shall not require any

employee of the school district to be employed in a charter school.

   (f) The governing board of a school district shall not require any

pupil enrolled in the school district to attend a charter school.

   (g) The governing board of a school district shall 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, if any, upon the

school and upon the school district. The description of the

facilities to be used by the charter school shall specify where the

school intends to locate. The petitioner or petitioners shall also be

required to provide financial statements that include a proposed

first-year operational budget, including startup costs, and cashflow

and financial projections for the first three years of operation.

   (h) In reviewing petitions for the establishment of charter

schools within the school district, the governing board of the school

district 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 department

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 applicable county superintendent of schools, the department, and

the state board.

   (j) (1) If the governing board of a school district denies a

petition, the petitioner may elect to submit the petition for the

establishment of a charter school to the county board of education.

The county board of education shall review the petition pursuant to

subdivision (b). If the petitioner elects to submit a petition for

establishment of a charter school to the county board of education

and the county board of education denies the petition, the petitioner

may file a petition for establishment of a charter school with the

state board, and the state board may approve the petition, in

accordance with subdivision (b). Any charter school that receives

approval of its petition from a county board of education or from the

state board on appeal shall be subject to the same requirements

concerning geographic location that it would otherwise be subject to

if it receives approval from the entity to whom it originally submits

its petition. A charter petition that is submitted to either a

county board of education or to the state board shall meet all

otherwise applicable petition requirements, including the

identification of the proposed site or sites where the charter school

will operate.

   (2) In assuming its role as a chartering agency, the state board

shall develop criteria to be used for the review and approval of

charter school petitions presented to the state board. The criteria

shall address all elements required for charter approval, as

identified in subdivision (b) and shall define "reasonably

comprehensive" as used in paragraph (5) of subdivision (b) in a way

that is consistent with the intent of this part. Upon satisfactory

completion of the criteria, the state board shall adopt the criteria

on or before June 30, 2001.

   (3) A charter school for which a charter is granted by either the

county board of education or the state board based on an appeal

pursuant to this subdivision shall qualify fully as a charter school

for all funding and other purposes of this part.

   (4) If either the county board of education or the state board

fails to act on a petition within 120 days of receipt, the decision

of the governing board of the school district, to deny a petition

shall, thereafter, be subject to judicial review.

   (5) The state board shall adopt regulations implementing this

subdivision.

   (6) Upon the approval of the petition by the county board of

education, the petitioner or petitioners shall provide written notice

of that approval, including a copy of the petition to the department

and the state board.

   (k) (1) The state board may, by mutual agreement, designate its

supervisorial and oversight responsibilities for a charter school

approved by the state board to any local education agency in the

county in which the charter school is located or to the governing

board of the school district that first denied the petition.

   (2) The designated local education agency shall have all

monitoring and supervising authority of a chartering agency,

including, but not limited to, powers and duties set forth in Section

47607, except the power of revocation, which shall remain with the

state board.

   (3) A charter school that has been granted its charter through an

appeal to the state board and elects to seek renewal of its charter

shall, prior to expiration of the charter, submit its petition for

renewal to the governing board of the school district that initially

denied the charter. If the governing board of the school district

denies the school's petition for renewal, the school may petition the

state board for renewal of its charter.

   () Teachers in charter schools shall hold a Commission on Teacher

Credentialing certificate, permit, or other document equivalent to

that which a teacher in other public schools would be required to

hold. These documents shall be maintained on file at the charter

school and are subject to periodic inspection by the chartering

authority. It is the intent of the Legislature that charter schools

be given flexibility with regard to noncore, noncollege preparatory

courses.

   (m) A charter school shall transmit a copy of its annual,

independent, financial audit report for the preceding fiscal year, as

described in subparagraph (I) of paragraph (5) of subdivision (b),

to its chartering entity, the Controller, the county superintendent

of schools of the county in which the charter school is sited, unless

the county board of education of the county in which the charter

school is sited is the chartering entity, and the department by

December 15 of each year. This subdivision does not apply if the

audit of the charter school is encompassed in the audit of the

chartering entity pursuant to Section 41020.

  SEC. 28.  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 pupil leaving school shall have the

opportunity to be prepared to enter the world of work; that every

pupil 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 these opportunities

are a right to be enjoyed without regard to economic status or the

characteristics listed in Section 220.

   The Legislature further recognizes that all pupils 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

pupils in making 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. 29.  Section 51500 of the Education Code is amended to read:

   51500.  No teacher shall give instruction nor shall a school

district sponsor any activity that promotes a discriminatory bias

because of a characteristic listed in Section 220.

  SEC. 30.  Section 51802 of the Education Code is amended to read:

   51802.  (a) The governing board of a school district maintaining a

home teaching program, or providing home instruction as authorized

by law for pupils with disabilities, may provide home teaching or

instruction on Saturday.

   (b) No pupil shall be required to attend a home teaching program

or home instruction on Saturday without the consent of his or her

parent or legal guardian.

  SEC. 31.  Section 60800 of the Education Code is amended to read:

   60800.  (a) During the month of February, March, April, or May,

the governing board of each school district maintaining any of grades

5, 7, and 9 shall administer to each pupil in those grades the

physical performance test designated by the state board. Each pupil

with a physical disability and each pupil who is physically unable to

take all of the physical performance test shall be given as much of

the test as his or her condition will permit.

   (b) Upon request of the department, a school district shall submit

to the department, at least once every two years, the results of its

physical performance testing.

   (c) The department shall compile the results of the physical

performance test and submit a report every two years, by December 31,

to the Legislature and Governor that standardizes the data, tracks

the development of high-quality fitness programs, and compares the

performance of California's pupils with national performance, to the

extent that funding is available.

   (d) Pupils shall be provided with their individual results after

completing the physical performance testing. The test results may be

provided orally as the pupil completes the testing.

   (e) The governing board of a school district shall report the

aggregate results of its physical performance testing administered

pursuant to this section in their annual school accountability report

card required by Sections 33126 and 35256.

  SEC. 32.  Section 66030 of the Education Code is amended to read:

   66030.  (a) It is the intent of the Legislature that public higher

education in California strive to provide educationally equitable

environments that give each Californian, regardless of age, economic

circumstance, or the characteristics listed in Section 66270, a

reasonable opportunity to develop fully his or her potential.

   (b) It is the responsibility of the governing boards of

institutions of higher education to ensure and maintain multicultural

learning environments free from all forms of discrimination and

harassment, in accordance with state and federal law.

  SEC. 33.  Section 66210 of the Education Code is amended to read:

   66210.  (a) The Office of Emergency Services shall develop

guidelines for campuses of the University of California and the

California State University to use in developing emergency evacuation

plans for all forms of student housing owned, operated, and offered

by the university, both on campus and off campus. In developing the

guidelines, the Office of Emergency Services shall consider Sections

3.09 and 3.13 of Title 19 of the California Code of Regulations. The

guidelines shall address all of the following issues:

   (1) Plan content. The plans should include, but need not be

limited to, the following:

   (A) Specific evacuation routes that recognize the needs of persons

with special needs, such as persons with disabilities.

   (B) The designation of a meeting place or places upon evacuation.

   (C) The education of students and staff in emergency procedures.

   (2) The implementation and maintenance of the evacuation plan by

the Director of Student Housing, or other appropriate officer, at the

individual campuses. The director, or other appropriate officer, is

responsible for scheduling periodic tests of the plan and

implementing changes as needed.

   (b) Each campus of the University of California and the California

State University shall establish an emergency evacuation plan for

its postsecondary student housing and may consult with the Office of

Emergency Services for guidance in developing and establishing the

plan.

  SEC. 34.  Section 66250 of the Education Code is amended to read:

   66250.  This chapter shall be known, and may be cited, as the

Equity in Higher Education Act.

  SEC. 35.  Section 66251 of the Education Code is amended to read:

   66251.  It is the policy of the State of California to afford all

persons, regardless of disability, gender, nationality, race or

ethnicity, religion, sexual orientation, or any other basis that is

contained in the prohibition of hate crimes set forth in subdivision

(a) of Section 422.6 of the Penal Code, equal rights and

opportunities in the postsecondary institutions of the state. The

purpose of this chapter is to prohibit acts that are contrary to that

policy and to provide remedies therefor.

  SEC. 36.  Section 66260.5 is added to the Education Code, to read:

   66260.5.  "Disability" includes mental and physical disability as

defined in Section 12926 of the Government Code.

  SEC. 37.  Section 66260.7 is added to the Education Code, to read:

   66260.7.  "Gender" means sex, and includes a person's gender

identity and gender related appearance and behavior whether or not

stereotypically associated with the person's assigned sex at birth.

  SEC. 38.  Section 66261.5 is added to the Education Code, to read:

   66261.5.  "Nationality" includes citizenship, country of origin,

and national origin.

  SEC. 39.  Section 66261.7 is added to the Education Code, to read:

   66261.7.  "Race or ethnicity" includes ancestry, color, ethnic

group identification, and ethnic background.

  SEC. 40.  Section 66262 of the Education Code is repealed.

  SEC. 41.  Section 66262 is added to the Education Code, to read:

   66262.  "Religion" includes all aspects of religious belief,

observance, and practice and includes agnosticism and atheism.

  SEC. 42.  Section 66262.7 is added to the Education Code, to read:

   66262.7.  "Sexual orientation" means heterosexuality,

homosexuality, or bisexuality.

  SEC. 43.  Section 66269 is added to the Education Code, to read:

   66269.  Disability, gender, nationality, race or ethnicity,

religion, sexual orientation, or any other characteristic contained

in the definition of hate crimes set forth in Section 422.55

                                       of the Penal Code includes a

perception that the person has any of those characteristics or that

the person is associated with a person who has, or is perceived to

have, any of those characteristics.

  SEC. 44.  Section 66270 of the Education Code is amended to read:

   66270.  No person shall be subjected to discrimination on the

basis of disability, gender, nationality, race or ethnicity,

religion, sexual orientation, or any other characteristic that is

contained in the prohibition of hate crimes set forth in subdivision

(a) of Section 422.6 of the Penal Code in any program or activity

conducted by any postsecondary educational institution that receives,

or benefits from, state financial assistance or enrolls students who

receive state student financial aid.

  SEC. 44.5.  Section 66270 of the Education Code is amended to read:

66270.  No person shall be subjected to discrimination on the

basis of disability, gender, nationality, race or ethnicity,

religion, sexual orientation, or any characteristic listed or defined

in Section 11135 of the Government Code or any other characteristic

that is contained in the prohibition of hate crimes set forth in

subdivision (a) of Section 422.6 of the Penal Code in any program or

activity conducted by any postsecondary educational institution that

receives, or benefits from, state financial assistance or enrolls

students who receive state student financial aid.

  SEC. 45.  Section 66270.5 of the Education Code is amended and

renumbered to read:

   66271.  This chapter shall not apply to an educational institution

that is controlled by a religious organization if the application

would not be consistent with the religious tenets of that

organization.

  SEC. 46.  Section 66292 of the Education Code is amended to read:

   66292.  (a) The governing board of a community college district

shall have the primary responsibility for ensuring that community

college district programs and activities are free from discrimination

based on age and the characteristics listed in Section 66270.

   (b) The Chancellor's office of the California Community Colleges

shall have responsibility for monitoring the compliance of each

district with any and all regulations adopted pursuant to Section

11138 of the Government Code.

  SEC. 47.  Section 66292.1 of the Education Code is amended to read:

66292.1.  The Chancellor of the California State University and

the president of each California State University campus shall have

the primary responsibility for ensuring that campus programs and

activities are free from discrimination based on age and the

characteristics listed in Section 66270.

  SEC. 48.  Section 66292.2 of the Education Code is amended to read:

66292.2.  The President of the University of California and the

chancellor of each University of California campus shall have primary

responsibility for ensuring that campus programs and activities are

free from discrimination based on age and the characteristics listed

in Section 66270.

  SEC. 49.  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

age or the characteristics listed in Section 66270.

   (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, except as provided in Section 69540.

   (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) Commencing in 1999, the commission shall, for students who

accelerate college attendance, increase the amount of award

proportional to the period of additional attendance resulting from

attendance in classes that fulfill requirements or electives for

graduation during summer terms, sessions, or quarters. 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 shall notify Cal Grant award recipients of the

availability of funding for the summer term, session, or quarter

through prominent notice in financial aid award letters, materials,

guides, electronic information, and other means that may include, but

not be limited to, surveys, newspaper articles, or attachments to

communications from the commission and any other published documents.

(j) 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.

   (k) The commission may establish Cal Grant Program awards in one

hundred dollar ($100) increments.

   () A Cal Grant Program award may be utilized only at the following

institutions or programs:

   (1) Any California private or independent 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.

   (2) Any nonprofit regionally accredited institution headquartered

and operating in California that certifies to the commission that 10

percent of the institution's operating budget, as demonstrated in an

audited financial statement, is expended for the purposes of

institutionally funded student financial aid in the form of grants

and that demonstrates to the commission that it has the

administrative capacity to administer the funds.

   (3) Any California public postsecondary educational institution or

program.

  SEC. 50.  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 the

characteristics listed in Section 66270.

  SEC. 51.  Section 72012 of the Education Code is amended to read:

   72012.  Every community college shall comply with Section 66016,

the Equity in Higher Education Act as set forth in Chapter 4.5

(commencing with Section 66250) of Part 40 of Division 5, and other

applicable laws relating to discrimination.

  SEC. 52.  Section 72013 of the Education Code is repealed.

  SEC. 53.  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 the characteristics listed in Section 66270. This section

does not apply to any public funds that have been paid to an

individual officer or employee of the district as salary, or to any

funds that are used directly or indirectly for the benefit of student

organizations.

  SEC. 54.  Section 82305.6 of the Education Code is amended to read:

82305.6.  When the governing board of a community college district

provides for the transportation of students to and from community

colleges, the governing board of the district may require the parents

and legal guardians of all or some of the students transported, to

pay a portion of the cost of the transportation in an amount

determined by the governing board. The amount determined by the board

shall be no greater than that paid for transportation on a common

carrier or municipally owned transit system by other students in the

district who do not use the transportation provided by the district.

The governing board shall exempt from the charges students of parents

and legal guardians who are indigent as set forth in rules and

regulations adopted by the board. No charge under this section shall

be made for the transportation of students with disabilities. Nothing

in this section shall be construed to sanction, perpetuate, or

promote the racial or ethnic segregation of students in the community

colleges.

  SEC. 55.  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 the characteristics listed in Section

66270. This section does not apply to any public funds that have been

paid to an individual employee or officer as salary, or to any funds

that are used directly or indirectly for the benefit of student

organizations.

  SEC. 56.  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 the characteristics

listed in Section 66270. This section does not apply to any public

funds that have been paid to an individual employee or officer of the

university as salary, or to any funds that are used directly or

indirectly for the benefit of student organizations.

  SEC. 57.  Section 94600 of the Education Code is amended to read:

   94600.  (a) The Office of Emergency Services shall develop

guidelines for private colleges and universities to use in developing

emergency evacuation plans for all forms of student housing owned,

operated, and offered by private colleges and universities, both on

campus and off campus. In developing the guidelines, the Office of

Emergency Services shall consider Sections 3.09 and 3.13 of Title 19

of the California Code of Regulations. The guidelines shall address

all of the following issues:

   (1) Plan content. The plans should include, but need not be

limited to, the following:

   (A) Specific evacuation routes that recognize the needs of persons

with special needs, such as persons with disabilities.

   (B) The designation of a meeting place or places upon evacuation.

   (C) The education of students and staff in emergency procedures.

   (2) The implementation and maintenance of the evacuation plan by

the Director of Student Housing, or other appropriate officer, at

individual campuses. The director, or other appropriate officer, is

responsible for scheduling periodic tests of the plan and

implementing changes as needed.

   (b) Each private college or university shall establish an

emergency evacuation plan for its postsecondary student housing and

may consult with the Office of Emergency Services for guidance in

developing and establishing the plan.

  SEC. 58.  Section 24.5 of this bill incorporates amendments to

Section 44253.3 of the Education Code proposed by both this bill and

SB 859. It shall only become operative if (1) both bills are enacted

and become effective on or before January 1, 2008, (2) each bill

amends Section 44253.3 of the Education Code, and (3) this bill is

enacted after SB 859, in which case Section 24 of this bill shall not

become operative.

  SEC. 59.  Section 44.5 of this bill incorporates amendments to

Section 66270 of the Education Code proposed by both this bill and AB

14. It shall only become operative if (1) both bills are enacted and

become effective on or before January 1, 2008, (2) each bill amends

Section 66270 of the Education Code, and (3) this bill is enacted

after AB 14, in which case Section 44 of this bill shall not become

operative.

3 Responses to Crazies promise to abandon California public schools?

  1. Martin says:

    Actually, it’s not crazy to abandon public schools if all they’re doing is ruining a child’s future, as is the case in California. Millions have already done so to homeschool and the exodus continues. It has been going on for decades now…a good 30 years. When you expect this kind of stuff to be acceptable in schools, you need to pull your kids out if you won’t tolerate it as being good.

    Like

  2. RubyShooZ says:

    These are our tax dollars at work spent on this brand of silliness and I can’t imagine where it’s going to lead to next. You’d think they’d have better things to do than to fiddle around with things like this wording – I would anyway. Somehow I’m not surprised to hear it’s taking place in California.

    Peace today.
    ~ RS ~

    Like

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