Parental communication: teacher meetings., the official text

An act to amend Section 51101 of the Education Code, relating to parental engagement.

LEGISLATIVE COUNSEL'S DIGEST

Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their child’s teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.
This bill would provide that parents, guardians, or educational rights holders of children enrolled in public schools also have the right to communicate with their child’s teacher by telephone or a school-approved web conferencing platform if the parent, guardian, or educational rights holder is unable to attend an individual meeting in person about their child, as provided. The bill would prohibit these meetings from being recorded or transcribed. By imposing new duties on public schools, the bill would impose a state-mandated local program.
The bill would delete an obsolete reference.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.
Section 51101 of the Education Code is amended to read:
51101.
(a) Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1) Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2) Within a reasonable time of their request, to meet with their child’s teacher or teachers and the principal of the school in which their child is enrolled.
(3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4) To be notified on a timely basis if their child is absent from school without permission.
(5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests.
(6) To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parent’s request.
(7) To have a school environment for their child that is safe and supportive of learning.
(8) To examine the curriculum materials of the class or classes in which their child is enrolled.
(9) To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child.
(10) To have access to the school records of their child.
(11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish.
(12) To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14) To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents’ questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15) To question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16) To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(17) (A) If a parent, guardian, or educational rights holder is unable to attend an individual meeting in person with a teacher about their child, to communicate with their child’s teacher by telephone or a school-approved web conferencing platform. A meeting conducted in this manner shall not be recorded or transcribed.
(B) If a parent, guardian, or educational rights holder elects to attend a meeting in either of the manners described in subparagraph (A), then both of the following shall apply:
(i) The parent, guardian, or educational rights holder, and school, shall comply with existing law related to nonconsensual recording, including Section 51512 of this code and Section 632 of the Penal Code.
(ii) The school shall notify the parent, guardian, or educational rights holder of the potential risks to privacy and confidentiality due to the meeting format or arising from discussing potentially sensitive information.
(b) In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1) The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2) A description of the school’s responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3) The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A) Monitoring attendance of their children.
(B) Ensuring that homework is completed and turned in on a timely basis.
(C) Participation of the children in extracurricular activities.
(D) Monitoring and regulating the television viewed by their children.
(E) Working with their children at home in learning activities that extend learning in the classroom.
(F) Volunteering in their children’s classrooms, or for other activities at the school.
(G) Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c) This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.