Headlines  |  Bills  |  The Nooner  |  Code/Laws  |  ElectionTrack $$$   |  Elections  |  About   |  Contact Scott |  
OR: Create Account  Log In

Get Scott's free daily lunchtime California Capitol news update, THE NOONER:
   
(): (California Assembly Bill)

help



join the cool folks
and advertise on aroundthecapitol.com


california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY SEPTEMBER 6, 2011
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JUNE 20, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MAY 5, 2011
AMENDED IN ASSEMBLY APRIL 13, 2011

INTRODUCED BY Assembly Member Lara
(Coauthors: Assembly Members Alejo, Blumenfield, Campos, Davis,
Hall, Roger Hernández, Mitchell, John A. Pérez, and Solorio)
(Coauthor: Senator Lowenthal)

JANUARY 20, 2011

An act to amend Sections 14501, 35186, and 41020 of, and to add
Article 5.5 (commencing with Section 49010) to Chapter 6 of Part 27
of Division 4 of Title 2 of, the Education Code, and to amend Section
905 of the Government Code, relating to pupil fees.


LEGISLATIVE COUNSEL'S DIGEST


AB 165, Lara. Pupil fees.
(1) Existing law requires the Legislature to provide for a system
of common schools by which a free school is required to be kept up
and supported in each district. Existing law prohibits a pupil
enrolled in school from being required to pay a fee, deposit, or
other charge not specifically authorized by law.
This bill would prohibit a pupil enrolled in a public school from
being required to pay a pupil fee, as defined, for participation in
an educational activity, as defined, as specified. The bill would
provide that this prohibition is not to be interpreted to prohibit
solicitation of voluntary donations, voluntary participation in
fundraising activities, or school districts, schools, and other
entities from providing pupils prizes or other recognition for
voluntarily participating in fundraising activities. The bill would
specify that these provisions apply to all public schools, including,
but not limited to, charter schools and alternative schools, are
declarative of existing law, and should not be interpreted to
prohibit the imposition of a fee, deposit, or other charge otherwise
allowed by law.
The bill would require a superintendent of a school district,
county superintendent of schools, or chief executive officer, or a
person in the equivalent position, of a charter school, commencing
with the 2011-12 fiscal year, and each fiscal year thereafter, to
determine, within the first 8 weeks after the first day pupils attend
school for that school year, or during a specified time period for
the 2011-12 fiscal year, whether an unlawful pupil fee has been, or
is being, charged in the current fiscal year, or on or after January
1, 2012, for the 2011-12 fiscal year. If the superintendent of a
school district, county superintendent of schools, or chief executive
officer, or a person in the equivalent position, of a charter school
makes this determination, the bill would require him or her to
present the determination at a public hearing or meeting of the
applicable governing board or body at which the governing board or
body would be required to identify the nature of the violation and
take action to provide full reimbursements to all affected pupils,
parents, or guardians within a specified time period. The bill would
require the hearing or meeting to meet specified requirements. By
imposing additional duties on local educational agencies, this bill
would impose a state-mandated local program.
(2) Existing law requires the Controller, in consultation with the
Department of Finance and the State Department of Education, to
develop a plan to review and report on financial and compliance
audits, and with representatives of other entities, to recommend the
statements and other information to be included in the audit reports
filed with the state by local educational agencies, and to propose
the content of an audit guide.
This bill would require a compliance audit, commencing with audits
of the 2011-12 fiscal year, to include the verification of
compliance with the prohibition against the imposition of pupil fees
for participation in educational activities in violation of specified
law. Notwithstanding specified law, the bill would require this
verification to be added to the audit guide commencing with audits of
the 2011-12 fiscal year. The bill also would allow for the adoption
of emergency regulations to achieve this goal and would require
charter schools to be subject to those audits to ensure compliance
with the prohibition against the imposition of unlawful pupil fees.
(3) Existing law requires a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to instructional materials, emergency or urgent facilities
conditions that pose a threat to the health and safety of pupils or
staff, teacher vacancy or misassignment, and intensive instruction
and services provided to pupils who have not passed one or both parts
of the high school exit examination after the completion of grade
12. Existing law provides certain complainants the right to file an
appeal to the Superintendent of Public Instruction, who is required
to provide a written report to the State Board of Education that
describes the basis for the complaint and, as appropriate, proposes a
remedy. A notice regarding the appropriate subjects of a complaint
is required to be posted in each classroom in each school in the
school district and a complaint regarding those deficiencies is
required to be filed with the principal of the school or his or her
designee, except as specified.
This bill also would require a school district and a charter
school to use its uniform complaint process to help identify and
resolve any deficiencies related to the imposition of pupil fees for
participation in educational activities, as those terms are defined.
The bill also would provide persons with a complaint regarding the
imposition of pupil fees the right to file an appeal to the
Superintendent and would require the Superintendent to provide the
written report to the state board and the complainant no later than
30 working days after the appeal was received by the Superintendent.
If the report finds a violation, the bill would require the
Superintendent to require the offending school district, charter
school, or school to fully reimburse all affected pupils, parents, or
guardians. The bill also would require the classroom notice to
include certain information about the prohibition against charging
pupil fees for participation in educational activities. The bill
would require a school district, county office of education, and
charter school to establish local policies and procedures, post
notices, and implement the uniform complaint process provisions
regarding the imposition of pupil fees for participation in
educational activities by March 1, 2012. By imposing additional
duties on local educational agencies, this bill would impose a
state-mandated local program.
(4) Existing law requires a county superintendent of schools to
provide for an audit of all funds under his or her jurisdiction and
requires the governing board of a local educational agency to either
provide for an audit of the books and accounts of the local
educational agency or make arrangements with the county
superintendent of schools having jurisdiction over the local
educational agency to provide for that auditing. Existing law
requires a county superintendent of schools to be responsible for
reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to specified
topics, and determining whether the exceptions were either corrected
or an acceptable plan of correction was developed. Existing law
requires the county office of education to review certain audit
exceptions upon submission and receipt of a final audit report.
Existing law requires the Superintendent of Public Instruction to be
responsible for ensuring that local educational agencies have either
corrected or developed plans of correction for specified audit
exceptions.
This bill, commencing with the 2011-12 audit of local educational
agencies, would require the county superintendent of schools to also
include in the review of audit exceptions those audit exceptions
related to the imposition of pupil fees for participation in
educational activities in violation of specified law, and to
determine whether the exceptions are either corrected or an
acceptable plan of correction is developed. The bill would prohibit
an audit exception related to the imposition of unlawful pupil fees
from being deemed corrected until the school district, county office
of education, or charter school fully reimburses all affected
parents, guardians, and pupils. The bill also would require the
county office of education to review audit exceptions relating to the
imposition of unlawful pupil fees. If, in an audit for a subsequent
year, the auditor finds an uncorrected or new audit exception related
to the imposition of unlawful pupil fees, the bill would require the
auditor to make a specified disclosure and would require the
Superintendent to withhold certain payments to the school district,
county office of education, or charter school until they provide
reimbursement, as specified. By imposing additional duties on local
educational agencies, this bill would impose a state-mandated local
program.
(5) Existing law excepts certain claims from the requirement that
all claims for money or damages against local public entities be
presented in accordance with specified law.
This bill would additionally except specified claims for
reimbursement of pupil fees for participation in educational
activities.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

SECTION 1. Section 14501 of the Education Code is amended to read:

14501. (a) As used in this chapter, "financial and compliance
audit" shall be consistent with the definition provided in the
"Standards for Audits of Governmental Organizations, Programs,
Activities, and Functions" promulgated by the Comptroller General of
the United States. Financial and compliance audits conducted under
this chapter shall fulfill federal single audit requirements.
(b) As used in this chapter, "compliance audit" means an audit
that ascertains and verifies whether or not funds provided through
apportionment, contract, or grant, either federal or state, have been
properly disbursed and expended as required by law or regulation, or
both, and includes the verification of each of the following:
(1) The reporting requirements for the sufficiency of textbooks or
instructional materials, or both, as defined in Section 60119.
(2) Teacher misassignments pursuant to Section 44258.9.
(3) The accuracy of information reported on the School
Accountability Report Card required by Section 33126. The
requirements set forth in paragraphs (1) and (2) and this paragraph
shall be added to the audit guide requirements pursuant to
subdivision (b) of Section 14502.1.
(4) (A) Compliance with Article 5.5 (commencing with Section
49010) of Chapter 6 of Part 27 of Division 4 of Title 2 and Section 5
of Article IX of the California Constitution, commencing with audits
of the 2011-12 fiscal year.
(B) The requirements of this paragraph shall be added to the audit
guide adopted pursuant to Section 14502.1 commencing with audits of
the 2011-12 fiscal year.
(C) Notwithstanding the timelines specified in subdivision (b) of
Section 14502.1, and to ensure that the requirements of this
paragraph are added to the audit guide for audits of the 2011-12
fiscal year, the process for adopting emergency regulations set forth
in Section 11346.1 of the Government Code may be followed.
(D) Notwithstanding any other law, and commencing with audits of
the 2011-12 fiscal year, charter schools shall be subject to audits
conducted pursuant to Section 41020 to ensure compliance with the
requirements of this paragraph.
SEC. 2. Section 35186 of the Education Code is amended to read:
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations, with modifications, as necessary, to help identify and
resolve any deficiencies related to instructional materials,
emergency or urgent facilities conditions that pose a threat to the
health and safety of pupils or staff, teacher vacancy or
misassignment, intensive instruction and services provided pursuant
to Section 37254 to pupils who have not passed one or both parts of
the high school exit examination after the completion of grade 12,
and the imposition of pupil fees for participation in educational
activities. A charter school shall use the uniform complaint process
it has adopted as required by Chapter 5.1 (commencing with Section
4600) of Division 1 of Title 5 of the California Code of Regulations,
with modifications, as necessary, to help identify and resolve any
deficiencies related to the imposition of pupil fees for
participation in educational activities.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) Except as provided pursuant to paragraph (4), a complaint
shall be filed with the principal of the school or his or her
designee. A complaint about problems beyond the authority of the
school principal shall be forwarded in a timely manner but not to
exceed 10 working days to the appropriate school district or charter
school official for resolution.
(4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
(b) The principal or the designee of the district superintendent
or charter school, as applicable, shall make all reasonable efforts
to investigate any problem within his or her authority. The principal
or designee of the district superintendent or charter school shall
remedy a valid complaint within a reasonable time period but not to
exceed 30 working days from the date the complaint was received. The
principal or designee of the district superintendent or charter
school shall report to the complainant the resolution of the
complaint within 45 working days of the initial filing. If the
principal makes this report, the principal shall also report the same
information in the same timeframe to the designee of the district
superintendent or charter school.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent or charter
school has the right to describe the complaint to the governing board
of the school district or the governing body of the charter school
at a regularly scheduled hearing of the governing board or body. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, or complaints involving the
imposition of pupil fees for participation in educational activities,
a complainant who is not satisfied with the resolution proffered by
the principal or the designee of the district superintendent or
charter school has the right to file an appeal to the Superintendent,
who shall provide a written report to the state board and the
complainant no later than 30 working days after the date the appeal
was received by the Superintendent describing the basis for the
complaint and, as appropriate, a proposed remedy for the issue
described in the complaint. If the report finds that a school
district, charter school, or school has unlawfully imposed a pupil
fee for participation in educational activities, the Superintendent
shall require the school district, charter school, or school to fully
reimburse all affected pupils, parents, or guardians.
(d) A school district or charter school shall report summarized
data on the nature and resolution of all complaints on a quarterly
basis to the county superintendent of schools and the governing board
of the school district or the governing body of the charter school.
The summaries shall be publicly reported on a quarterly basis at a
regularly scheduled meeting of the governing board of the school
district or the governing body of the charter school. The report
shall include the number of complaints by general subject area with
the number of resolved and unresolved complaints. The complaints and
written responses shall be available as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following in school districts, and the complaints
described in paragraph (5) in charter schools:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
(5) A complaint related to the imposition of pupil fees for
participation in educational activities.
(f) (1) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(A) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(B) School facilities must be clean, safe, and maintained in good
repair.
(C) There should be no teacher vacancies or misassignments as
defined in paragraphs (3) and (5) of subdivision (h).
(D) Pupils shall not be charged fees, including security deposits,
or be required to purchase materials or equipment, to participate in
a class or an extracurricular activity.
(E) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
(F) The location at which to obtain a form to file a complaint in
case of a shortage of complaint forms. Posting a notice downloadable
from the Internet Web site of the department shall satisfy this
posting requirement.
(2) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom of each charter school
notifying parents, guardians, pupils, and teachers of both of the
following:
(A) Pupils shall not be charged fees, including security deposits,
or be required to purchase materials or equipment, to participate in
a class or an extracurricular activity.
(B) The location at which to obtain a form to file a complaint in
case of a shortage of complaint forms. Posting a notice downloadable
from the Internet Web site of the department shall satisfy this
posting requirement.
(g) (1) A local educational agency shall establish local policies
and procedures, post notices, and implement this section on or before
January 1, 2005.
(2) A school district, county office of education, and charter
school shall establish local policies and procedures, post notices,
and implement the provisions of this section regarding the imposition
of pupil fees for participation in educational activities on or
before March 1, 2012.
(h) For purposes of this section, the following definitions apply:

(1) "Educational activity" has the same meaning as specified in
subdivision (a) of Section 49010.
(2) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(3) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(4) "Pupil fees" has the same meaning as specified in subdivision
(b) of Section 49010.
(5) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
SEC. 3. Section 41020 of the Education Code is amended to read:
41020. (a) It is the intent of the Legislature to encourage sound
fiscal management practices among local educational agencies for the
most efficient and effective use of public funds for the education
of children in California by strengthening fiscal accountability at
the district, county, and state levels.
(b) (1) Not later than the first day of May of each fiscal year,
each county superintendent of schools shall provide for an audit of
all funds under his or her jurisdiction and control and the governing
board of each local educational agency shall either provide for an
audit of the books and accounts of the local educational agency,
including an audit of income and expenditures by source of funds, or
make arrangements with the county superintendent of schools having
jurisdiction over the local educational agency to provide for that
auditing.
(2) A contract to perform the audit of a local educational agency
that has a disapproved budget or has received a negative
certification on any budget or interim financial report during the
current fiscal year or either of the two preceding fiscal years, or
for which the county superintendent of schools has otherwise
determined that a lack of going concern exists, is not valid unless
approved by the responsible county superintendent of schools and the
governing board.
(3) If the governing board of a local educational agency has not
provided for an audit of the books and accounts of the local
educational agency by April 1, the county superintendent of schools
having jurisdiction over the local educational agency shall provide
for the audit of each local educational agency.
(4) An audit conducted pursuant to this section shall comply fully
with the Government Auditing Standards issued by the Comptroller
General of the United States.
(5) For purposes of this section, "local educational agency" does
not include community colleges.
(c) Each audit conducted in accordance with this section shall
include all funds of the local educational agency, including the
student body and cafeteria funds and accounts and any other funds
under the control or jurisdiction of the local educational agency.
Each audit shall also include an audit of pupil attendance
procedures.
(d) All audit reports for each fiscal year shall be developed and
reported using a format established by the Controller after
consultation with the Superintendent and the Director of Finance.
(e) (1) The cost of the audits provided for by the county
superintendent of schools shall be paid from the county school
service fund and the county superintendent of schools shall transfer
the pro rata share of the cost chargeable to each district from
district funds.
(2) The cost of the audit provided for by a governing board shall
be paid from local educational agency funds. The audit of the funds
under the jurisdiction and control of the county superintendent of
schools shall be paid from the county school service fund.
(f) (1) The audits shall be made by a certified public accountant
or a public accountant, licensed by the California Board of
Accountancy, and selected by the local educational agency, as
applicable, from a directory of certified public accountants and
public accountants deemed by the Controller as qualified to conduct
audits of local educational agencies, which shall be published by the
Controller not later than December 31 of each year.
(2) Commencing with the 2003-04 fiscal year and except as provided
in subdivision (d) of Section 41320.1, it is unlawful for a public
accounting firm to provide audit services to a local educational
agency if the lead audit partner, or coordinating audit partner,
having primary responsibility for the audit, or the audit partner
responsible for reviewing the audit, has performed audit services for
that local educational agency in each of the six previous fiscal
years. The Education Audits Appeal Panel may waive this requirement
if the panel finds that no otherwise eligible auditor is available to
perform the audit.
(3) It is the intent of the Legislature that, notwithstanding
paragraph (2), the rotation within public accounting firms conform to
provisions of the federal Sarbanes-Oxley Act of 2002 (P.L. 107-204;
15 U.S.C. Sec. 7201 et seq.), and upon release of the report required
by the act of the Comptroller General of the United States
addressing the mandatory rotation of registered public accounting
firms, the Legislature intends to reconsider the provisions of
paragraph (2). In determining which certified public accountants and
public accountants shall be included in the directory, the Controller
shall use the following criteria:
(A) The certified public accountants or public accountants shall
be in good standing as certified by the Board of Accountancy.
(B) The certified public accountants or public accountants, as a
result of a quality control review conducted by the Controller
pursuant to Section 14504.2, shall not have been found to have
conducted an audit in a manner constituting noncompliance with
subdivision (a) of Section 14503.
(g) (1) The auditor's report shall include each of the following:
(A) A statement that the audit was conducted pursuant to standards
and procedures developed in accordance with Chapter 3 (commencing
with Section 14500) of Part 9 of Division 1 of Title 1.
(B) A summary of audit exceptions and management improvement
recommendations.
(C) Each audit of a local educational agency shall include an
evaluation by the auditor on whether there is substantial doubt about
the ability of the local educational agency to continue as a going
concern for a reasonable period of time. This evaluation shall be
based on the Statement of Auditing Standards (SAS) No. 59, as issued
by the AICPA regarding disclosure requirements relating to the
ability of the entity to continue as a going concern.
(2) To the extent possible, a description of correction or plan of
correction shall be incorporated in the audit report, describing the
specific actions that are planned to be taken, or that have been
taken, to correct the problem identified by the auditor. The
descriptions of specific actions to be taken or that have been taken
shall not solely consist of general comments such as "will implement,"
"accepted the recommendation," or "will discuss at a later date."
(h) Not later than December 15, a report of each local educational
agency audit for the preceding fiscal year shall be filed with the
county superintendent of schools of the county in which the local
educational agency is located, the department, and the Controller.
The Superintendent shall make any adjustments necessary in future
apportionments of all state funds, to correct any audit exceptions
revealed by those audit reports.
(i) (1) Commencing with the 2002-03 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall be responsible
for reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to
attendance, inventory of equipment, internal control, and any
miscellaneous items, and determining whether the exceptions have been
either corrected or an acceptable plan of correction has been
developed.
(2) Commencing with the 2004-05 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall include in the
review of audit exceptions performed pursuant to this subdivision
those audit exceptions related to use of instructional materials
program funds, teacher misassignments pursuant to Section 44258.9,
information reported on the school accountability report card
required pursuant to Section 33126 and shall determine whether the
exceptions are either corrected or an acceptable plan of correction
has been developed.
(3) (A) Commencing with the 2011-12 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall include in the
review of audit exceptions performed pursuant to this subdivision
those audit exceptions related to the imposition of pupil fees for
participation in educational activities in violation of Section 49011
and Section 5 of Article IX of the California Constitution and shall
determine whether the exceptions are either corrected or an
acceptable plan of correction has been developed.
(B) An audit exception related to the imposition of these pupil
fees shall not be deemed corrected until the school district, county
office of education, or charter school has, at a minimum, fully
reimbursed all affected parents, guardians, and pupils.
(j) Upon submission of the final audit report to the governing
board of each local educational agency and subsequent receipt of the
audit by the county superintendent of schools having jurisdiction
over the local educational agency, the county office of education
shall do all of the following:
(1) Review audit exceptions related to attendance, inventory of
equipment, internal control, and other miscellaneous exceptions.
Attendance exceptions or issues shall include, but not be limited to,
those related to revenue limits, adult education, and independent
study.
(2) Review audit exceptions related to the imposition of pupil
fees for participation in educational activities in violation of
Section 49011 and Section 5 of Article IX of the California
Constitution.
(3) If a description of the correction or plan of correction has
not been provided as part of the audit required by this section, then
the county superintendent of schools shall notify the local
educational agency and request the governing board of the local
educational agency to provide to the county superintendent of schools
a description of the corrections or plan of correction by March 15.
(4) Review the description of correction or plan of correction and
determine its adequacy. If the description of the correction or plan
of correction is not adequate, the county superintendent of schools
shall require the local educational agency to resubmit that portion
of its response that is inadequate.
(k) Each county superintendent of schools shall certify to the
Superintendent and the Controller, not later than May 15, that his or
her staff has reviewed all audits of local educational agencies
under his or her jurisdiction for the prior fiscal year, that all
exceptions that the county superintendent was required to review were
reviewed, and that all of those exceptions, except as otherwise
noted in the certification, have been corrected by the local
educational agency or that an acceptable plan of correction has been
submitted to the county superintendent of schools. In addition, the
county superintendent shall identify, by local educational agency,
any attendance-related audit exception or exceptions involving state
funds, and require the local educational agency to which the audit
exceptions were directed to submit appropriate reporting forms for
processing by the Superintendent.
(l) (1) In the audit of a local educational agency for a
subsequent year, the auditor shall review the correction or plan or
plans of correction submitted by the local educational agency to
determine if the exceptions have been resolved. If not, the auditor
shall immediately notify the appropriate county office of education
and the department and restate the exception in the audit report.
After receiving that notification, the department shall either
consult with the local educational agency to resolve the exception or
require the county superintendent of schools to follow up with the
local educational agency.
(2) If, in the audit of a school district, county office of
education, or charter school for a subsequent year, the auditor
determines that an exception related to the imposition of pupil fees
for participation in educational activities in violation of Section
49011 and Section 5 of Article IX of the California Constitution has
not been corrected, or that the local educational agency has a new
audit exception related to the imposition of pupil fees for
participation in educational activities in violation of Section 49011
and Section 5 of Article IX of the California Constitution, both of
the following shall occur:
(A) The auditor shall disclose the unresolved or new audit
exception, and the amount of withholding required pursuant to
subparagraph (B), in the audit report.
(B) (i) The Superintendent shall, based on the audit year's actual
expenditures, withhold 1 percent of the amount expended for
administrative costs, which are expenditures coded to general
administrative functions (codes 7000 to 7999, inclusive) pursuant to
Procedure 325 of Section 300 of the California School Accounting
Manual, from the next principal or general purpose apportionment to
the school district, county office of education, or charter school
until they reimburse all pupil fees collected in violation of Section
49011 and Section 5 of Article IX of the California Constitution.
(ii) If the Superintendent and auditor are unable to calculate 1
percent of the administrative costs of a charter school, or if the
amount of pupil fees for participation in educational activities
collected by the charter school is greater than the 1-percent
administrative fee, then an amount equal to the amount of pupil
fees for participation in
educational activities collected, multiplied by 10, shall be withheld
by the Superintendent until the charter school reimburses all
unlawful pupil fees collected.
(iii) Funds withheld pursuant to this subparagraph shall be held
in trust by the Superintendent until he or she determines that the
school district, county office of education, or charter school has
reimbursed all unlawful pupil fees collected.
(m) (1) The Superintendent shall be responsible for ensuring that
local educational agencies have either corrected or developed plans
of correction for any one or more of the following:
(A) All federal and state compliance audit exceptions identified
in the audit.
(B) Any exceptions that the county superintendent certifies as of
May 15 have not been corrected.
(C) Any repeat audit exceptions that are not assigned to a county
superintendent to correct.
(2) In addition, the Superintendent shall be responsible for
ensuring that county superintendents of schools and each county board
of education that serves as the governing board of a local
educational agency either correct all audit exceptions identified in
the audits of county superintendents of schools and of the local
educational agencies for which the county boards of education serve
as the governing boards or develop acceptable plans of correction for
those exceptions.
(3) The Superintendent shall report annually to the Controller on
his or her actions to ensure that school districts, county
superintendents of schools, and each county board of education that
serves as the governing board of a school district have either
corrected or developed plans of correction for any of the exceptions
noted pursuant to paragraph (1).
(n) To facilitate correction of the exceptions identified by the
audits issued pursuant to this section, commencing with 2002-03
audits pursuant to this section, the Controller shall require
auditors to categorize audit exceptions in each audit report in a
manner that will make it clear to both the county superintendent of
schools and the Superintendent which exceptions they are responsible
for ensuring the correction of by a local educational agency. In
addition, the Controller annually shall select a sampling of county
superintendents of schools and perform a followup of the audit
resolution process of those county superintendents of schools and
report the results of that followup to the Superintendent and the
county superintendents of schools that were reviewed.
(o) County superintendents of schools shall adjust subsequent
local property tax requirements to correct audit exceptions relating
to local educational agency tax rates and tax revenues.
(p) If a governing board or county superintendent of schools fails
or is unable to make satisfactory arrangements for the audit
pursuant to this section, the Controller shall make arrangements for
the audit and the cost of the audit shall be paid from local
educational agency funds or the county school service fund, as the
case may be.
(q) Audits of regional occupational centers and programs are
subject to the provisions of this section.
(r) This section does not authorize examination of, or reports on,
the curriculum used or provided for in any local educational agency.

(s) Notwithstanding any other law, a nonauditing, management, or
other consulting service to be provided to a local educational agency
by a certified public accounting firm while the certified public
accounting firm is performing an audit of the agency pursuant to this
section must be in accord with Government Accounting Standards,
Amendment No. 3, as published by the United States General Accounting
Office.
SEC. 4. Article 5.5 (commencing with Section 49010) is added to
Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code,
to read:

Article 5.5. Pupil Fees


49010. For purposes of this article, the following terms have the
following meanings:
(a) "Educational activity" means an activity offered by a school,
school district, charter school, or county office of education that
constitutes an integral fundamental part of elementary and secondary
education, including, but not limited to, curricular and
extracurricular activities.
(b) "Pupil fee" means a fee, deposit, or other charge imposed on
pupils, or a pupil's parents or guardians, in violation of Section
49011 and Section 5 of Article IX of the California Constitution,
which require educational activities to be provided free of charge to
all pupils without regard to their families' ability or willingness
to pay fees or request special waivers, as provided for in Hartzell
v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not
limited to, all of the following:
(1) A fee charged to a pupil as a condition for registering for
school or classes, or as a condition for participation in a class or
an extracurricular activity, regardless of whether the class or
activity is elective or compulsory, or is for credit.
(2) A security deposit, or other payment, that a pupil is required
to make to obtain a lock, locker, book, class apparatus, musical
instrument, uniform, or other materials or equipment.
(3) A purchase that a pupil is required to make to obtain
materials, supplies, equipment, or uniforms associated with an
educational activity.
49011. (a) A pupil enrolled in a public school shall not be
required to pay a pupil fee for participation in an educational
activity.
(b) All of the following requirements apply to the prohibition
identified in subdivision (a):
(1) All supplies, materials, and equipment needed to participate
in educational activities shall be provided to pupils free of charge.

(2) A fee waiver policy shall not make a pupil fee permissible.
(3) School districts and schools shall not establish a two-tier
educational system by requiring a minimal educational standard and
also offering a second, higher educational standard that pupils may
only obtain through payment of a fee or purchase of additional
supplies that the school district or school does not provide.
(4) A school district or school shall not offer course credit or
privileges related to educational activities in exchange for money or
donations of goods or services from a pupil or a pupil's parents or
guardians, and a school district or school shall not remove course
credit or privileges related to educational activities, or otherwise
discriminate against a pupil, because the pupil or the pupil's
parents or guardians did not or will not provide money or donations
of goods or services to the school district or school.
(c) This article shall not be interpreted to prohibit solicitation
of voluntary donations of funds or property, voluntary participation
in fundraising activities, or school districts, schools, and other
entities from providing pupils prizes or other recognition for
voluntarily participating in fundraising activities.
(d) This article applies to all public schools, including, but not
limited to, charter schools and alternative schools.
(e) This article is declarative of existing law and shall not be
interpreted to prohibit the imposition of a fee, deposit, or other
charge otherwise allowed by law.
49012. (a) (1) Commencing with the 2011-12 fiscal year, and each
fiscal year thereafter, a superintendent of a school district, county
superintendent of schools, or chief executive officer, or a person
in the equivalent position, of a charter school shall determine,
within the first eight weeks after the first day pupils attend school
for that school year, whether pupil fees for participation in
educational activities have been charged, or are being charged,
within his or her jurisdiction in the current fiscal year in
violation of Section 49011 and Section 5 of Article IX of the
California Constitution.
(2) For purposes of the 2011-12 fiscal year only, the
determinations required by paragraph (1) shall be made from February
1, 2012, to March 1, 2012, inclusive, and shall be limited in scope
to determining whether pupil fees for participation in educational
activities have been, or are being, charged on or after January 1,
2012.
(b) (1) If a superintendent of a school district or county
superintendent of schools determines that an unlawful pupil fee was,
or is being, charged in the current fiscal year, he or she shall
present this determination at a public hearing of the governing board
of the applicable school district or county office of education at
which the governing board shall identify the nature of the violation
and take action to provide full reimbursements to all affected
pupils, parents, or guardians within 10 weeks of the beginning of the
school year in which the determination is made.
(2) If a chief executive officer, or a person in the equivalent
position, of a charter school determines that an unlawful pupil fee
was, or is being, charged in the current fiscal year, he or she shall
present this determination at a public meeting of the governing body
of the charter school at which the governing body, or the chief
executive officer or person in the equivalent position, shall
identify the nature of the violation and take action to provide full
reimbursements to all affected pupils, parents, or guardians within
10 weeks of the beginning of the school year in which the
determination is made.
(c) A public hearing or meeting held pursuant to subdivision (b)
shall meet all of the following requirements:
(1) Be conducted during a regularly scheduled meeting of the
governing board held pursuant to Article 3 (commencing with Section
35140) of Chapter 2 of Part 21 of Division 3 or Article 1 (commencing
with Section 1000) of Chapter 1 of Part 2 of Division 1 of Title 1,
or, in the case of a charter school, during a public meeting of the
governing body of the charter school where the parent or guardian of
each pupil enrolled in the charter school has been notified prior to
the meeting that the governing body will be taking action pursuant to
subdivision (b).
(2) Take place on or before the end of the eighth week after the
first day pupils attend school for that school year. For schools that
operate on a multitrack, year-round calendar, the hearing or
hearings shall be held on or before the end of the eighth week after
the first day pupils attend school for that school year on any tracks
that begin a school year in August or September.
(3) For the 2011-12 fiscal year, a public hearing or meeting held
pursuant to subdivision (b) shall take place on or before March 1,
2012, and any reimbursement made pursuant to subdivision (b) shall be
provided on or before March 15, 2012.
SEC. 5. Section 905 of the Government Code is amended to read:
905. There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) all claims for money or damages against local public entities
except any of the following:
(a) Claims under the Revenue and Taxation Code or other statute
prescribing procedures for the refund, rebate, exemption,
cancellation, amendment, modification, or adjustment of any tax,
assessment, fee, or charge or any portion thereof, or of any
penalties, costs, or charges related thereto.
(b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any law
relating to liens of mechanics, laborers, or materialmen.
(c) Claims by public employees for fees, salaries, wages, mileage,
or other expenses and allowances.
(d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
(e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions, or other assistance rendered for or on behalf
of any recipient of any form of public assistance.
(f) Applications or claims for money or benefits under any public
retirement or pension system.
(g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
(j) Claims arising under any provision of the Unemployment
Insurance Code, including, but not limited to, claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
(l) Claims governed by the Pedestrian Mall Law of 1960 (Part 1
(commencing with Section 11000) of Division 13 of the Streets and
Highways Code).
(m) Claims made pursuant to Section 340.1 of the Code of Civil
Procedure for the recovery of damages suffered as a result of
childhood sexual abuse. This subdivision shall apply only to claims
arising out of conduct occurring on or after January 1, 2009.
(n) Claims made pursuant to Section 701.820 of the Code of Civil
Procedure for the recovery of money pursuant to Section 26680.
(o) Claims made pursuant to Section 35186 of the Education Code
for reimbursement of pupil fees for participation in educational
activities.
SEC. 6. 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.