Bill Text: CA SB587 | 2013-2014 | Regular Session | Amended
Bill Title: School finance: categorical programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB587 Detail]
Download: California-2013-SB587-Amended.html
BILL NUMBER: SB 587 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2013
INTRODUCED BY Senator Emmerson
FEBRUARY 22, 2013
An act to amend Section 1170.3 of the Penal Code,
relating to sentencing. An act to amend Sections
17193.5, 17199.4, 17592.74, 32282, 35186, 35292.5, 41003.3, 44279.2,
44279.25, 44279.7, 44320, 44328, 47613.1, 47630, 47634.3, 47634.4,
47650, 47651, 48660, 48667, 60119, 60851, 63000, 63001, and 64000 of
, to amend the heading of Article 7 (commencing with
Section 60117) of Chapter 1 of Part 33 of Division 4 of Title 2 of,
to repeal Sections 315.5, 316.5, 317, 1982, 1982.3, 1982.5, 1983.5,
17584.3, 17586, 17588, 17592, 32285, 41376, 41378, 45037, 46306,
47613.2, 47630.5, 47633, 47634.1, 48660.2, 48663, 48664, 60117,
60118, 62002, 62002.5, 62003, 62004, 62005, and 62005.5 of, to repeal
Article 11 (commencing with Section 1830) of Chapter 6 of
Part 2 of Division 1 of Title 1 of, to repeal Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of Division 1
of Title 1 of, to repeal Article 10.4 (commencing with Section
35294.10) of Chapter 2 of Part 21 of Division 3 of Title 2 of, to
repeal Article 4 (commencing with Section 37252) of Chapter 2 of Part
22 of Division 3 of Title 2 of, to repeal Article 1 (commencing with
Section 41500), Article 2 (commencing with Section 41505), Article 3
(commencing with Section 41510), Article 4 (commencing with Section
41520), Article 5 (commencing with Section 41530), and Article 7
(commencing with Section 41570) of Chapter 3.2 of Part 24 of Division
3 of Title 2 of, to repeal Article 13 (commencing with Section
41920) of Chapter 5 of Part 24 of Division 3 of Title 2 of, to repeal
Article 3 (commencing with Section 42260) of Chapter 7 of Part 24 of
Division 3 of Title 2 of, to repeal Article 11 (commencing with
Section 44380), Article 12 (commencing with Section 44390), and
Article 13 (commencing with Section 44395) of Chapter 2 of
Part 25 of Division 3 of Title 2 of, to repeal Article 4.5
(commencing with Section 44500), Article 5 (commencing with Section
44520), Article 6 (commencing with Section 44560), Article 7
(commencing with Section 44570), Article 8 (commencing with Section
44580), Article 10 (commencing with Section 44630), Article 10.5
(commencing with Section 44645), and Article 10.6 (commencing with
Section 44650) of Chapter 3 of Part 25 of Division 3 of Title 2 of,
to repeal Article 3 (commencing with Section 44681) of Chapter 3.1 of
Part 25 o f Division 3 of Title 2 of, to repeal Article
8.5 (commencing with Section 45370) of Chapter 5 of Part 25 of
Division 3 of Title 2 of, to repeal Article 15 (commencing with
Section 51870) of Chapter 5 of Part 28 of Division 4 of Title 2 of,
to repeal Article 4.5 (commencing with Section 52378), Article 5
(commencing with Section 52381), Article 8 (commencing with Section
52480), and Article 9 (commencing with Section 52485) of Chapter 9 of
Part 28 of Division 4 of Title 2 of, to repeal Article 4
(commencing with Section 52750) of Chapter 11 of Part 28 of Division
4 of Title 2 of, to repeal Article 1 (commencing with Section 52800)
of Chapter 12 of Part 28 of Division 4 of Title 2 of, to repeal
Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29
of Division 4 of Title 2 of, to repeal Article 3 (commencing with
Section 60240) and Article 7 (commencing with Section 60350) of
Chapter 2 of Part 33 of Division 4 of Title 2 of, to repeal Chapter
5.1 (commencing with Section 8820) of Part 6 of Division 1 of Title 1
of, to repeal Chapter 13 (commencing with Section 11200) and Chapter
17 (commencing with Section 11600) of Part 7 of Division 1 of Title
1 of, to repeal Chapter 2.5 (commencing with Section 37300) of Part
22 of Division 3 of Title 2 of, to repeal Chapter 3.3 (commencing
with Section 44700), Chapter 3.33 (commencing with Section 44720),
Chapter 3.34 (commencing with Section 44730), Chapter 3.36
(commencing with Section 44735), Chapter 3.45 (commencing
with Section 44755), and Chapter 3.5 (commencing with Section 44760)
of Part 25 of Division 3 of Title 2 of, to repeal Chapter 6.8
(commencing with Section 52080), Chapter 6.9 (commencing with Section
52100), Chapter 6.10 (commencing with Section 52120), Chapter 7
(commencing with Section 52130), Chapter 8 (commencing with Section
52200), Chapter 8.3 (commencing with Section 52240), Chapter 8.5
(commencing with Section 52250), Chapter 8.6 (commencing with Section
52270), and Chapter 12.5 (commencing with Section 52920) of Part 28
of Divis ion 4 of Title 2 of, to repeal Chapter 1
(commencing with Section 54000) and Chapter 2 (commencing with
Section 54100) of Part 29 of Division 4 of Title 2 of, to repeal
Chapter 5 (commencing with Section 58700) of Part 31 of Division 4 of
Title 2 of, and to repeal Chapter 4 (commencing with Section 60500)
of Part 33 of Division 4 of Title 2 of, the Education Code, relating
to school finance.
LEGISLATIVE COUNSEL'S DIGEST
SB 587, as amended, Emmerson. Sentencing.
School finance: categorical programs.
Existing law establishes the public school system in this state,
and, among other things, provides for the establishment of county
superintendents of schools, school districts, and charter schools
throughout the state and for their provision of instruction at the
public elementary and secondary schools these local educational
agencies maintain. Existing law establishes a public school financing
system that requires state funding for county superintendents of
schools, school districts, and charter schools to be calculated
pursuant to a local control funding formula, as specified.
Existing law establishes various education programs under which
funding is provided for specific educational purposes, which are
commonly known as categorical programs, including, among many others,
programs for community-based English tutoring, teacher training, and
class size reduction. Existing law further authorizes local
educational agencies to expend, for any local educational purpose,
the funds previously required to be spent on specified categorical
education programs.
This bill would repeal many provisions requiring, authorizing, or
prescribing the elements of certain categorical education programs,
and would make conforming changes, correct cross-references, and make
other nonsubstantive changes.
Existing law requires the Judicial Council to seek to promote
uniformity in sentencing by adopting rules providing criteria for the
consideration of the trial judge at the time of sentencing, as
specified, and by adopting rules standardizing the minimum content
and the sequential presentation of material in probation officer
reports submitted to the court.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 315.5 of the
Education Code is repealed.
315.5. (a) In furtherance of its constitutional and legal
requirement to offer special language assistance to children coming
from backgrounds of limited English proficiency, the state shall
encourage family members and others to provide personal English
language tutoring to those children, and support these efforts by
raising the general level of English language knowledge in the
community.
(b) Programs funded under this section shall be provided through
schools or community organizations.
(c) Funding for programs authorized under this section shall be
provided pursuant to an appropriation in the annual Budget Act. Funds
shall be apportioned to the Superintendent for disbursement to
school districts for the purpose of providing funding under this
section for free or subsidized programs of adult English language
instruction to parents or other members of the community who pledge
to provide personal English language tutoring to improve the English
language proficiency of California school children with limited
English proficiency.
SEC. 2. Section 316.5 of the Education
Code is repealed.
316.5. (a) The Legislature finds and declares all of the
following:
(1) The more a parent or guardian is involved in the education of
his or her child the better the child will perform in school.
(2) English language proficiency is critical to academic success.
(b) As a condition for receiving funding under Section 315.5 for
the 2007-08 fiscal year, each school district shall develop a plan,
to be approved by the governing board of the school district,
certifying that it will do all of the following:
(1) Emphasize English language acquisition and tutoring skills for
parents whose primary language is not English.
(2) Whenever possible, operate Community-Based English Tutoring
(CBET) Programs at neighborhood schoolsites in order to provide full
articulation between CBET Programs and instructional programs for
school-aged English language learners.
(3) Describe in its plan how the program will encourage the
following:
(A) Opportunities for parent-child tutoring activities.
(B) Opportunities for the parent to become involved at the school
that his or her child attends.
(4) Describe how the program will document the following:
(A) Literacy training for adults that leads to English fluency and
the ability to provide educational support for children.
(B) Development of tutoring skills.
(5) Describe the projected goals of the program with respect to
participant educational achievement and the manner in which the
agency will measure and report progress in meeting its goals.
(6) Describe the manner in which the program will leverage
available funding from federal, state, and local sources in the area
proposed to be served by the agency.
(7) Include a program to recruit parents of K-12 English language
learners, especially parents of pupils enrolled in K-12 schools that
are eligible to participate in the High Priority Schools Grant
Program established under Article 3.5 (commencing with Section
52055.600) of Chapter 6.1 of Part 28.
(8) The plan shall demonstrate that the CBET Program meets the
following objectives in order to ensure that adult students in the
CBET Program provide the best possible tutoring to K-12 English
language learners:
(A) The adult students participating in the CBET Program shall
make measurable English language learning progress.
(B) The CBET Program shall be administered in accordance with
research-based strategies for teaching English language learners.
(C) The data collected under Section 317 shall be used by CBET
administrators and staff to inform curriculum, instruction,
assessment, research, and in-service staff development.
(c) As a condition for receiving funding under Section 315.5 for
the 2008-09 fiscal year and for each fiscal year thereafter, the
governing board of the school district shall review, revise as
necessary, and approve the plan. The plan shall be reviewed, and
revised as necessary, not less than once every three years. During
its review, the governing board shall consider the data collected
under Section 317.
(d) For the purposes of this section, the term "parent" includes a
parent, legal guardian, primary caregiver, or an individual in loco
parentis.
SEC. 3. Section 317 of the Education
Code is repealed.
317. (a) As a condition for receiving funds under Section 315.5
in any fiscal year, a school district shall collect the following
data for use in updating its plans and to make available to the state
as requested:
(1) Improvement in adult English-as-a-second-language literacy
skill levels in reading, writing, and speaking the English language,
numeracy, problemsolving, and other literacy skills.
(2) Improvements in the attendance of pupils with
limited-English-language proficiency who have received tutoring from
adults who have been identified as participants in programs
established pursuant to Sections 315, 315.5, 316, and 316.5.
(b) A school district that receives funding under Section 315.5
shall provide a pretest and a posttest of reading achievement for
adult English-as-a-second-language pupils.
(c) The district shall review individual K-12 pupil data from the
English language development test administered under Section 60810
and the Standardized Testing and Reporting (STAR) Program set forth
in Article 4 (commencing with Section 60640) of Chapter 5 of Part 33,
in order to determine whether there has been achievement progress
made by K-12 pupils who were tutored by Community-Based English
Tutoring (CBET) Program students.
SEC. 4. Article 11 (commencing with Section 1830)
of Chapter 6 of Part 2 of Division 1 of Title 1 of the
Education Code is repealed.
SEC. 5. Section 1982 of the Education
Code is repealed.
1982. (a) County community schools shall be administered by the
county superintendent of schools.
For purposes of making apportionments from the State School Fund
and the levying of local taxes, any attendance generated by pupils in
county community schools in kindergarten or any of grades 1 to 12,
inclusive, who are enrolled pursuant to subdivisions (a), (b), and
(d) of Section 1981 as well as any attendance generated by pupils in
county community schools in kindergarten or any of grades 1 to 6,
inclusive, who are enrolled pursuant to paragraph (1) or (2) of
subdivision (c) of Section 1981 shall be credited to the district of
residence. School districts shall pay to the county for the purposes
of the community schools the entire revenue limit for each average
daily attendance credited pursuant to this section. No funds
generated by average daily attendance credited pursuant to this
section shall be retained by the district of residence. The county
superintendent of schools may use funds derived from existing tax
revenues to provide additional funding per pupil enrolled in county
community schools but not to exceed the difference between the amount
derived per pupil from the district and the amount available per
pupil enrolled in juvenile court schools.
(b) For the purposes of making apportionments from the State
School Fund, pupils enrolled in county community schools pursuant to
subdivision (c) of Section 1981 shall be deemed to be enrolled in a
county juvenile hall or camp except pupils enrolled in kindergarten
or any of grades 1 to 6, inclusive, who are enrolled pursuant to
paragraph (1) or (2) of subdivision (c) of Section 1981.
(c) For the purposes of this section, the county superintendent of
schools providing educational services to homeless children shall be
deemed to be the district of residence of those children.
SEC. 6. Section 1982.3 of the Education
Code is repealed.
1982.3. Any amounts received by a county superintendent of
schools for revenue limit purposes that are derived from the average
daily attendance generated by pupils enrolled in a community school
shall be expended only for the purposes specified in subdivision (b)
of Section 42238.18.
SEC. 7. Section 1982.5 of the Education
Code is repealed.
1982.5. Notwithstanding subdivision (b) of Section 1982, for
purposes of making apportionments from the State School Fund, pupils
enrolled in juvenile court schools because they were expelled
pursuant to subdivision (a) of Section 48915 shall be deemed the same
as pupils enrolled in county community schools pursuant to
subdivision (a), (b), or (d) of Section 1981.
SEC. 8. Section 1983.5 of the Education
Code is repealed.
1983.5. Notwithstanding any other provision of law,
apportionments claimed by a county office of education for units of
average daily attendance for pupils enrolled pursuant to subdivision
(c) of Section 1981 in excess of the number claimed by that county
office in the 1991-92 fiscal year shall be funded at the statewide
average revenue limit per unit of average daily attendance for that
category of enrollment. This section does not apply to pupils
enrolled in kindergarten or any of grades 1 to 6, inclusive, pursuant
to paragraphs (1) or (2) of subdivision (c) of Section 1981.
SEC. 9. Chapter 5.1 (commencing with Section 8820)
of Part 6 of Division 1 of Title 1 of the Education Code
is repealed.
SEC. 10. Chapter 13 (commencing with Section
11200) of Part 7 of Division 1 of Title 1 of the Education
Code is repealed.
SEC. 11. Chapter 17 (commencing with Section
11600) of Part 7 of Division 1 of Title 1 of the Education
Code is repealed.
SEC. 12. Section 17193.5 of the
Education Code is amended to read:
17193.5. (a) For purposes of this section, "public credit
provider" means any financial institution or combination of financial
institutions, that consists either solely, or has as a member or
participant, a public retirement system. Notwithstanding any other
law, a public credit provider, in connection with providing credit
enhancement for bonds, notes, certificates of participation, or other
evidences of indebtedness of a participating party, may require the
participating party to agree to the following conditions:
(1) If a participating party adopts a resolution by a majority
vote of its board to participate under this section, it shall provide
notice to the Controller of that election. The notice shall include
a schedule for the repayment of principal and interest on the bonds,
notes, certificates of participation, or other evidence of
indebtedness and identify the public credit provider that provided
credit enhancement. The notice shall be provided not later than the
date of issuance of the bonds.
(2) If, for any reason a public credit provider is required to
make principal or interest payments or both pursuant to a credit
enhancement agreement, the public credit provider shall immediately
notify the Controller of that fact and of the amount paid out by the
public credit provider.
(3) Upon receipt of the notice required by paragraph (2), the
Controller shall make an apportionment to the public credit provider
in the amount of the payments made by the public credit provider for
the purpose of reimbursing the public credit provider for its
expenditures made pursuant to the credit enhancement agreement. The
Controller shall make that apportionment only from moneys designated
for apportionments to a participating party, provided that such
moneys are from one or more of the following:
(A) Any funding apportioned for purposes of revenue
limit apportionments limits or the local
control funding formula pursuant to Section 42238.02, as
implemented by Section 42238.03, to a school district or county
office of education without regard to the specific funding source of
the apportionment.
(B) Any general apportionments to a community college district
without regard to the specific funding source of the apportionment.
(C) Any charter school block grant apportionments to a charter
school without regard to the specific funding source of the
apportionment.
(D)
(C) Any funding apportioned for purposes of the
charter school categorical block grant
apportionments or the local control funding
formula pursuant to Section 42238.02, as implemented by
Section 42238.03, to a charter school without regard to the
specific funding source of the apportionment.
(b) The amount apportioned for a participating party pursuant to
this section shall be deemed to be an allocation to the participating
party and shall be included in the computation of allocation, limit,
entitlement, or apportionment for the participating party. The
participating party and its creditors do not have a claim to funds
apportioned or anticipated to be apportioned to the trustee by the
Controller pursuant to paragraph (3) of subdivision (a).
SEC. 13. Section 17199.4 of the
Education Code is amended to read:
17199.4. (a) Notwithstanding any other law, any participating
party, in connection with securing financing or refinancing of
projects, or working capital pursuant to this chapter, may elect to
guarantee or provide for payment of the bonds and related obligations
in accordance with the following conditions:
(1) If a participating party adopts a resolution by a majority
vote of its board to participate under this section, it shall provide
notice to the Controller of that election. The notice shall include
a schedule for the repayment of principal and interest on the bonds,
and any other costs necessary or incidental to financing pursuant to
this chapter, and identify a trustee appointed by the participating
party or the authority for purposes of this section. If payment of
all or a portion of the principal and interest on the bond is secured
by a letter of credit or other instrument of direct payment, the
notice may provide for reimbursements to the provider of the
instrument in lieu of payment of that portion of the principal and
interest of the bonds. The notice shall be provided not later than
the date of issuance of the bonds or 60 days before the next payment,
whichever date is later. The participating party shall update the
notice at least annually if there is a change in the required payment
for any reason, including, but not limited to, providing for new or
increased costs necessary or incidental to the financing.
(2) If, for any reason, the participating party will not make a
payment at the time the payment is required, the participating party
shall notify the trustee of that fact and of the amount of the
deficiency. If the trustee receives this notice from the
participating party, or does not receive any payment by the date that
payment becomes due, the trustee shall immediately communicate that
information to the Controller.
(3) Upon receipt of the notice required by paragraph (2), the
Controller shall make an apportionment to the trustee on the date
shown in the schedule in the amount of the deficiency for the purpose
of making the required payment. The Controller shall make that
apportionment only from moneys designated for apportionment to a
participating party, provided that such moneys are from one or more
of the following:
(A) Any funding apportioned for purposes of revenue
limit apportionments limits or the local
control funding formula pursuant to Section 42238.02, as
implemented by Section 42238.03, to a school district or county
office of education without regard to the specific funding source of
the apportionment.
(B) Any charter school block grant apportionments to a charter
school without regard to the specific funding source of the
apportionment.
(C)
(B) Any funding apportioned for purposes of the
charter school categorical block grant
apportionments or the local control funding
formula pursuant to Section 42238.02, as implemented by
Section 42238.03, to a charter school without regard to the
specific funding source of the apportionment.
(4) As an alternative to the procedures set forth in paragraphs
(2) and (3), the participating party may provide a transfer schedule
in its notice to the Controller of its election to participate under
this section. The transfer schedule shall set forth amounts to be
transferred to the trustee and the date for the transfers. The
Controller, subject to the limitation in paragraph (3), shall make
apportionments to the trustee of those amounts on the specified date
for the purpose of making those transfers. The authority may require
a participating party to proceed under this subdivision.
(b) The amount apportioned for a participating party pursuant to
this section shall be deemed to be an allocation to the participating
party and shall be included in the computation of allocation, limit,
entitlement, or apportionment for the participating party.
The participating party and its creditors do not have a claim to
funds apportioned or anticipated to be apportioned to the trustee by
the Controller pursuant to paragraph (3) and (4) of subdivision (a),
or to the funds apportioned to by the Controller to the trustee under
any other provision of this section.
(c) (1) Participating parties that elect to participate under
this section shall apply to the authority. The authority shall
consider each of the following priorities in making funds available:
(A) First priority shall be given to school districts, charter
schools, or county offices of education that apply for funding for
instructional classroom space.
(B) Second priority shall be given to school districts, charter
schools, or county offices of education that apply for funding of
modernization of instructional classroom space.
(C) Third priority shall be given to all other eligible costs, as
defined in Section 17173.
(2) The authority shall prioritize applications at appropriate
intervals.
(3) A school district electing to participate under this section
that has applied for revenue bond moneys for purposes of joint
venture school facilities construction projects, pursuant to Article
5 (commencing with Section 17060) of Chapter 12, shall not be subject
to the priorities set forth in paragraph (1).
(d) This section shall not be construed to make the State of
California liable for any payments within the meaning of Section 1 of
Article XVI of the California Constitution or otherwise, except as
expressly provided in this section.
(e) A school district that has a qualified or negative
certification pursuant to Section 42131, or a county office of
education that has a qualified or negative certification pursuant to
Section 1240, may not participate under this section.
SEC. 14. Section 17584.3 of the
Education Code is repealed.
17584.3. (a) A priority for use of funds appropriated pursuant to
Section 17584 shall be to ensure that facilities, including, but not
limited to, restroom facilities for pupils, are functional and that
they meet local hygiene standards generally applicable to public
facilities.
(b) This section does not authorize the use of funds apportioned
pursuant to Section 17584 for regular operational and maintenance
costs of restrooms and other facilities. The funds apportioned
pursuant to Section 17584 may only be used for the deferred
maintenance of those facilities consistent with subdivision (a) of
Section 17582.
SEC. 15. Section 17586 of the Education
Code is repealed.
17586. Notwithstanding any limitations imposed as a result of
actions taken by the State Allocation Board pursuant to Section
17462, a school district shall be eligible to receive an
apportionment pursuant to subdivision (b) of Section 17584, if it
meets all of the following criteria:
(a) There are excess revenues that resulted from the sale of
surplus sites upon which there was no encumbrance to the board.
(b) The Superintendent of Public Instruction has verified all of
the following:
(1) The district had a fiscal emergency in any one or both of the
1987-88 and 1988-89 fiscal years.
(2) The fiscal emergency was caused primarily by required
expenditures.
(3) The district has taken reasonable steps to address the fiscal
emergency.
SEC. 16. Section 17588 of the Education
Code is repealed.
17588. As a result of the determination made in Section 17587,
the State Allocation Board may do any of the following:
(a) Increase the apportionment to an eligible school district by
the amount it determines necessary to complete the critical project,
and require a contribution by the district.
(b) Waive repayment by the district, in whole or in part.
(c) Reduce state apportionments pursuant to Section 17584 in
future years to offset the increased apportionment.
The State Allocation Board shall develop and adopt regulations for
the application of subdivisions (a), (b), and (c). The regulations
may give consideration to a school district's financial resources,
ongoing deferred maintenance needs, and the nature of the project for
which the hardship apportionment is requested.
The waiver authorized in subdivision (b) may be applied by the
board to any repayment otherwise required by law, regardless of
apportionment date.
SEC. 17. Section 17592 of the Education
Code is repealed.
17592. From any moneys in the State School Deferred Maintenance
Fund, the board shall make available to the Director of General
Services such amounts as it determines necessary to provide the
assistance, pursuant to this chapter, required by Section 15504 of
the Government Code.
SEC. 18. Section 17592.74 of the
Education Code is amended to read:
17592.74. Notwithstanding any other law, the funds provided to
school districts from the School Facilities Emergency Repair Account
pursuant to this article for the purpose of emergency repair grants
shall not be used deposited into a school
district deferred maintenance fund for purposes established pursuant
to do either of the following: Section
17582.
(a) Supplant funds provided to local educational agencies for the
deferred maintenance of school facilities pursuant to Sections 17584
and 17587.
(b) Be deposited into a school district deferred maintenance fund
for the purposes established pursuant to Section 17582.
SEC. 19. Article 3.6 (commencing with Section
32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of
the Education Code is repealed.
SEC. 20. Section 32282 of the Education
Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A school district or
county office of education may work with the California
Emergency Management Agency and the Seismic Safety Commission to
develop and establish the earthquake emergency procedure system. The
system shall include, but not be limited to, all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the
certificated and classified staff are aware of, and properly trained
in, the earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
school district or county office of education shall
cooperate with the public agency in furnishing and maintaining the
services as the school district or county office of
education may deem necessary to meet the needs of the
community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d)
(c) Each schoolsite council or school safety planning
committee in developing and updating a comprehensive school safety
plan shall, where practical, consult, cooperate, and coordinate with
other schoolsite councils or school safety planning committees.
(e)
(d) The comprehensive school safety plan may be
evaluated and amended, as needed, by the school safety planning
committee, but shall be evaluated at least once a year, to ensure
that the comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be
readily available for inspection by the public.
(f)
(e) As comprehensive school safety plans are reviewed
and updated, the Legislature encourages all plans, to the extent that
resources are available, to include policies and procedures aimed at
the prevention of bullying.
(g)
(f) The comprehensive school safety plan, as written
and updated by the schoolsite council or school safety planning
committee, shall be submitted for approval under subdivision (a) of
Section 32288.
SEC. 21. Section 32285 of the Education
Code is repealed.
32285. (a) The governing board of a school district, on behalf of
one or more schools within the district that have developed a school
safety plan, may apply to the Superintendent of Public Instruction
for a grant to implement school safety plans. The partnership shall
award grants for school safety plans that include, but are not
limited to, the following criteria:
(1) Assessment of the recent incidence of crime committed on the
school campus.
(2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.
(3) Development of an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs, and determining the fiscal impact of executing the
strategies and programs. The action plan shall identify available
resources which will provide for implementation of the plan.
(b) The Superintendent of Public Instruction shall award grants
pursuant to this section to school districts for the implementation
of individual school safety plans in an amount not to exceed five
thousand dollars ($5,000) for each school. No grant shall be made
unless the school district makes available, for purposes of
implementing the school safety plans, an amount of funds equal to the
amount of the grant. Grants should be awarded through a competitive
process, based upon criteria including, but not limited to, the merit
of the proposal and the need for imposing school safety, based on
school crime rates.
(c) Any school receiving a grant under this section shall submit
to the Superintendent of Public Instruction verified copies of its
schoolsite crime report annually for three consecutive years
following the receipt of the grant to study the impact of the
implementation of the school safety plan on the incidence of crime on
the campus of the school.
SEC. 22. 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, and
teacher vacancy or misassignment, and 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. misassignment.
(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 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,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent 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 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.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing
board. board of the school district. 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, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district 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. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. 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:
(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.
(f) 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:
(1) 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.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) 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.
(5)
(4) The location at which to obtain a form to file a
complaint in case of a shortage. Posting a notice downloadable from
the Internet Web site of the department shall satisfy this
requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "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.
(3) "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. 23. Section 35292.5 of the
Education Code is amended to read:
35292.5. (a) Every public and private school maintaining any
combination of classes from kindergarten to grade 12, inclusive,
shall comply with all of the following:
(1) Every restroom shall at all times be maintained and cleaned
regularly, fully operational and stocked at all times with toilet
paper, soap, and paper towels or functional hand dryers.
(2) The school shall keep all restrooms open during school hours
when pupils are not in classes, and shall keep a sufficient number of
restrooms open during school hours when pupils are in classes.
(b) Notwithstanding subdivision (a), a school may temporarily
close any a restroom as necessary for
pupil safety or as necessary to repair the facility.
(c) Any school district that operates a public school that is in
violation of this section as determined by the State Allocation
Board, is ineligible for state deferred maintenance fund matching
apportionments pursuant to Section 17584 if the school district has
not corrected the violation within 30 days after receipt of a written
notice of the violation from the board. Prior to determining that
the school district is ineligible, the board shall provide the school
district with a reasonable opportunity to cure the violation. The
board shall notify the Superintendent of Public Instruction regarding
a school district found to be in violation of this section. The
Superintendent of Public Instruction shall notify the Controller to
withhold apportionments otherwise due the school district under
Section 17584.
SEC. 24. Article 10.4 (commencing with Section
35294.10) of Chapter 2 of Part 21 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 25. Article 4 (commencing with Section 37252)
of Chapter 2 of Part 22 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 26. Chapter 2.5 (commencing with Section
37300) of Part 22 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 27. Section 41003.3 of the
Education Code is amended to read:
41003.3. (a) Consistent with the provisions of Article 4
(commencing with Section 17455) of Chapter 4 of Part 10.5 of Division
1 of Title 1, from July 1, 2008, to June 30, 2010, inclusive, the
Dixon Unified School District may sell surplus real property
previously used as the school farm on Sievers Road, located five
miles outside of the city and which is not feasible for future school
construction, together with any personal property located thereon,
purchased entirely with local funds. The proceeds of the sale shall
be deposited into the general fund of the school district in order to
reestablish a 3-percent reserve. The remainder of the proceeds from
the sale of the property that are not utilized to reestablish the
3-percent reserve shall be deposited into the capital outlay fund of
the school district.
(b) In order to expend funds pursuant to subdivision (a), the
school district shall meet all of the following conditions:
(1) The school district shall not be eligible for new
construction funding for 10 years from the date that funds are
deposited into the general fund of the school district pursuant to
subdivision (a), except that the school district may apply
for new construction funds if both of the following conditions are
met:
(A) At least five years have elapsed since the date upon which the
sale was executed pursuant to subdivision (a).
(B) The State Allocation Board determines that the school
district has demonstrated enrollment growth or a need for
additional sites or building construction that the school
district could not have easily anticipated at the time the sale was
executed pursuant to subdivision (a).
(2) The governing board of the school district shall
complete a governance training program focusing on fiscal management
provided by the County Office Fiscal Crisis and Management Assistance
Team (FCMAT).
(3) Any remaining funds from the sale of the property shall be
exhausted for capital outlay purposes prior to any
before a request for modernization funding.
(4) Notwithstanding any other provision of law, the Dixon Unified
School District, from July 1, 2008, to June 30, 2010, inclusive,
shall not be eligible to receive financial hardship assistance
pursuant to Article 8 (commencing with Section 17075.10) of Chapter
12.5 of Part 10 of Division 1 of Title 1.
(5) The district shall not be eligible to receive hardship funding
from the State School Deferred Maintenance Fund pursuant to Section
17587 until all remaining funds from the sale of the property
identified in, and pursuant to, subdivision (a) are exhausted for
deferred maintenance or capital outlay purposes.
(6)
(5) The governing board of the school
district shall certify all of the following to the State Allocation
Board:
(A) The school district has no major deferred
maintenance requirements that cannot be completed with existing
capital outlay resources.
(B) The sale of the real property pursuant to this section does
not violate any provisions of a local general obligation bond act.
(C) The real property sold pursuant to this section is not
suitable to meet any projected school construction need for the next
10 years.
(7)
(6) Before exercising the authority granted by this
section, the governing board of the school district, at a
regularly scheduled meeting of that board,
meeting, shall present a plan for expending one-time resources
pursuant to this section. The plan shall identify the source and use
of the funds, and describe how the proposed use of funds, in
combination with budget reductions, will address the school
district's deficit spending and restore the ongoing fiscal
solvency of the school district.
(8)
(7) No later than 10 years after the date of the sale
of surplus property pursuant to subdivision (a), the school
district shall deposit into its capital outlay fund an amount
equal to the amount of the proceeds from the sale of the property
that is deposited into the school district's general fund
as needed to establish the 3-percent reserve in accordance with
subdivision (a).
(c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 28. Section 41376 of the Education
Code is repealed.
41376. The Superintendent of Public Instruction, in computing
apportionments and allowances from the State School Fund for the
second principal apportionment, shall determine the following for the
regular day classes of the elementary schools maintained by each
school district:
(a) For grades 1 to 3, inclusive, he shall determine the number of
classes, the number of pupils enrolled in each class, the total
enrollment in all such classes, the average number of pupils enrolled
per class, and the total of the numbers of pupils which are in
excess of thirty (30) in each class.
For those districts which do not have any classes with an
enrollment in excess of 32 and whose average size for all the classes
is 30.0 or less, there shall be no excess declared. For those
districts which have one or more classes in excess of an enrollment
of 32 or whose average size for all the classes is more than 30, the
excess shall be the total of the number of pupils which are in excess
of 30 in each class having an enrollment of more than 30.
(b) For grades 4 to 8, inclusive, he shall determine the total
number of pupils enrolled, the number of full-time equivalent
classroom teachers, and the average number of pupils per each
full-time equivalent classroom teacher. He shall also determine the
excess if any, of pupils enrolled in such grades in the following
manner:
(1) Determine the number of pupils by which the average number of
pupils per each full-time equivalent classroom teacher for the
current fiscal year exceeds the greater of the average number of
pupils per each full-time equivalent classroom teacher in all the
appropriate districts of the state, as determined by the
Superintendent of Public Instruction, for October 30, 1964, or the
average number of pupils per each full-time equivalent classroom
teacher which existed in the district on either October 30, 1964 or
March 30, 1964, as selected by the governing board.
(2) Multiply the number determined in (1) above by the number of
full-time equivalent classroom teachers of the current fiscal year.
(3) Reduce the number determined in (2) above by the remainder
which results from dividing such number by the average number of
pupils per each full-time equivalent teacher for October 30, 1964, as
determined by the Superintendent of Public Instruction in (1) above.
(c) He shall compute the product obtained by multiplying the
excess number of pupils, if any, under the provisions of subdivision
(a) of this section by ninety-seven hundredths (0.97), and shall
multiply the product so obtained by the ratio of statewide change in
average daily attendance to district change in average daily
attendance. Change in average daily attendance shall be determined by
dividing average daily attendance in grades 1, 2 and 3 reported for
purposes of the first principal apportionment of the current year by
that reported for purposes of the first principal apportionment of
the preceding year.
(d) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class pursuant to subdivision (a)
of this section, and there is no excess number of pupils computed
pursuant to subdivision (b) of this section, he shall decrease the
average daily attendance reported under the provisions of Section
41601 by the product determined under subdivision (c) of this
section.
(e) If the school district reports that it has maintained, during
the current fiscal year, no classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he shall
make the following computation:
He shall compute the product obtained by multiplying the excess
number of pupils computed pursuant to subdivision (b) of this section
by ninety-seven hundredths (0.97) and shall multiply the product so
obtained by the ratio of statewide change in average daily attendance
to the district change in average daily attendance. He shall
decrease the average daily attendance reported under
the provisions of Section 41601 by the
resulting product.
(f) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he shall
make the following computation:
He shall add to the product determined under subdivision (c) of
this section, the product determined under subdivision (e) of this
section and decrease the average daily attendance reported under the
provisions of Section 41601 by this total amount.
The governing board of each school district maintaining elementary
schools shall report for the fiscal year 1964-65 and each year
thereafter the information required for the determination to be made
by the Superintendent of Public Instruction under the provisions of
this section in accordance with instructions provided on forms
furnished and prescribed by the Superintendent of Public Instruction.
Such information shall be reported by the school district together
with, and at the same time as, the reports required to be filed for
the second principal apportionment of the State School Fund. The
forms on which the data and information is reported shall include a
certification by each school district superintendent or chief
administrative officer that the data is correct and accurate for the
period covered, according to his best information and belief.
For purposes of this section, a "full-time equivalent classroom
teacher" means an employee of an elementary, high school, or unified
school district, employed in a position requiring certification
qualifications and whose duties require him to teach pupils in the
elementary schools of that district in regular day classes for the
full time for which he is employed during the regular schoolday. In
reporting the total number of full-time equivalent classroom
teachers, there shall be included, in addition to those employees
defined above, the full-time equivalent of all fractional time for
which employees in positions requiring certification qualifications
are required to devote to teaching pupils in the elementary schools
of the district in regular day classes during the regular schoolday.
For purposes of this section, the number of pupils enrolled in
each class means the average of the active enrollment in that class
on the last teaching day of each school month which ends prior to
April 15th of each school year.
The provisions of this section are not applicable to school
districts with less than 101 units of average daily attendance for
the current fiscal year.
Although no decreases in average daily attendance shall be made
for the fiscal year 1964-65, reports are required to be filed under
the provisions of this section, and the Superintendent of Public
Instruction shall notify each school district the amount of the
decrease in state allowances which would have been effected had such
decrease in average daily attendance been applied.
The Superintendent of Public Instruction shall adopt rules and
regulations which he may deem necessary for the effective
administration of this section. Such rules and regulations may
specify that no decrease in average daily attendance reported under
the provisions of Section 41601 shall be made for a school district
on account of large classes due to instructional television or team
teaching, which may necessarily involve class sizes at periods during
the day larger than the standard set forth in this section.
SEC. 29. Section 41378 of the Education
Code is repealed.
41378. The Superintendent of Public Instruction, in computing
apportionments and allowances from the State School Fund for the
second principal apportionment, shall determine the following for the
kindergarten classes maintained by each school district maintaining
kindergarten classes.
(a) The number of pupils enrolled in each kindergarten class, the
total enrollment in all such classes, and the average number of
pupils enrolled per class.
(b) The total number of pupils which are in excess of thirty-three
(33) in each class having an enrollment of more than thirty-three
(33).
(c) The total number of pupils by which the average class size in
the district exceeds 31.
(d) The greater number of pupils as determined in (b) or (c)
above.
(e) He shall compute the product obtained by multiplying the
excess number of pupils computed pursuant to subdivision (d) of this
section by ninety-seven hundredths (0.97). He shall decrease the
average daily attendance reported under the provisions of Section
41601 by the resulting product.
SEC. 30. Article 1 (commencing with Section 41500)
of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 31. Article 2 (commencing with Section 41505)
of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 32. Article 3 (commencing with Section 41510)
of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 33. Article 4 (commencing with Section 41520)
of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 34. Article 5 (commencing with Section 41530)
of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 35. Article 7 (commencing with Section 41570)
of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 36. Article 13 (commencing with Section
41920) of Chapter 5 of Part 24 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 37. Article 3 (commencing with Section 42260)
of Chapter 7 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 38. Section 44279.2 of the
Education Code is amended to read:
44279.2. (a) The Superintendent and the commission shall jointly
administer the California Beginning Teacher Support and Assessment
System pursuant to this chapter. In administering this section, the
Superintendent and the commission shall provide or contract for the
provision of all of the following:
(1) Establishing requirements for reviewing and approving teacher
induction programs.
(2) Developing and administering a system for ensuring teacher
induction program quality and effectiveness. For purposes of this
section, "program effectiveness" means producing excellent program
outcomes in relation to the purposes defined in subdivision (b) of
Section 44279.1. For purposes of this section, "program quality"
means excellence with respect to program factors, including, but not
limited to, all of the following:
(A) Program goals.
(B) Design resources.
(C) Management, evaluation, and improvement of the program.
(D) School context and working conditions.
(E) Support and assessment services to each beginning teacher.
(3) Developing purposes and functions for reviewing and approving
supplemental grants and standards for program clusters and program
consultants, as defined pursuant to Section 44279.7.
(4) Improving and refining the formative assessment system.
(5) Improving and refining professional development materials and
strategies for all personnel involved in implementing induction
programs.
(6) Conducting and tracking research related to beginning teacher
induction.
(7) Periodically evaluating the validity of the California
Standards for the Teaching Profession adopted by the commission and
the Standards of Quality and Effectiveness for Beginning Teacher
Support and Assessment Program adopted by the commission and making
changes to those documents, as necessary.
(b) As part of the California Beginning Teacher Support and
Assessment System, the commission and the Superintendent shall
establish requirements for local teacher induction programs.
(c) A school district or consortium of school districts may
apply to the Superintendent for funding to
establish a local teacher induction program pursuant to this
section. From amounts appropriated for purposes of this section, the
Superintendent shall allocate three thousand dollars ($3,000) for
each beginning teacher participating in the program. That amount
shall be adjusted each fiscal year by the inflation factor set forth
in Section 42238.1. To be eligible to receive funding, a school
district or consortium of school districts section
that shall, at a minimum, meet all of the following
requirements:
(1) Develop, implement, and evaluate teacher induction programs
that meet the Quality and Effectiveness for Beginning Teacher
Induction Program Standards adopted by the commission.
(2) Support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission.
(3) Meet criteria for the cost-effective delivery of program
services.
(4) From amounts received from local, state, or resources
available for purposes of teacher induction programs, contribute not
less than two thousand dollars ($2,000) for the costs of each
beginning teacher served in the induction program.
(d) Teachers who have received their preliminary credential in a
district intern program pursuant to Article 7.5 (commencing with
Section 44325) or an intern program pursuant to Article 3 (commencing
with Section 44450) of Chapter 3 and who are participating in an
induction program pursuant to this section are not eligible for
funding pursuant to Article 11 (commencing with Section 44380) of
Chapter 2.
SEC. 39. Section 44279.25 of the
Education Code is amended to read:
44279.25. (a) By December 1, 2007, the Superintendent and the
commission shall report to the Legislature and the Governor on the
current state of the Beginning Teacher Support and Assessment System.
The report shall review the articulation of teacher preparation
programs and teacher induction programs to eliminate duplicative
requirements and, at a minimum, do all of the following:
(1) Recommend revisions to laws, regulations, or policies to
eliminate duplicative requirements between teacher preparation and
teacher induction programs, with particular attention paid to
eliminating duplication between induction requirements and
requirements for completion of state-approved alternative
certification programs.
(2) Recommend revisions to the system to ensure that teacher
credential candidates achieve teaching competence and programs use
best practices to transition candidates from teacher preparation
programs to induction programs.
(3) Recommend ways to ensure that beginning teachers receive
direct assistance from experienced teachers who are familiar with the
grade span, subject matter, and teaching and classroom management
techniques appropriate to the teaching assignment of each beginning
teacher.
(b) By July 1, 2008, the Superintendent and the commission shall
review and revise, as necessary, the Standards of Quality and
Effectiveness for Professional Teacher Induction Programs of March
2002 to ensure that these standards address the application of
knowledge and skills previously acquired in a preliminary credential
program and to remove any requirements or activities that require
candidates to duplicate the acquisition of knowledge through
coursework. This review shall include, but need not be limited to,
all of the following:
(1) A review of formative assessment systems in use to ensure that
the systems are appropriately flexible and may be adapted to reflect
progress of individual candidates.
(2) A review of professional development provided to induction
participants to ensure that it is not duplicative of coursework
completed during teacher preparation.
(3) A review of new teacher support to ensure that the focus is on
application and enhancement of skills and knowledge acquired in a
preliminary credential program.
(4) Recommendations for program monitoring with respect to this
subdivision.
(c)
44279.25. (a) In consultation with the
Superintendent, the commission shall revise the formative assessment
system for beginning teachers, as necessary to ensure that related
tasks and activities are aligned to the revised standards.
standards adopted pursuant to subdivision (c).
(d)
(b) The Superintendent and the commission shall
identify effective practices and techniques and provide for the
dissemination of these to local induction program providers.
(e)
(c) Immediately following the adoption by the
commission of revised standards pursuant to
subdivision (b), standards, the commission shall
review induction programs to determine whether local teacher
induction programs are meeting standards of quality and effectiveness
adopted pursuant to subdivision (b) and to assure
greater program quality and consistency. The commission shall
schedule regular reviews following the initial review of programs
pursuant to this subdivision.
(f)
(d) The Superintendent and the commission shall ensure
that teacher credential candidates are notified of the opportunity to
choose an early completion option pursuant to Section 44468.
(g) It is the intent of the Legislature that funds appropriated in
Provision 44 of Item 6110-001-0890 of Section 2.00 of the Budget Act
of 2006 (Chapter 47 of the Statutes of 2006) be made available for
reviews and preparation of the reports required pursuant to
subdivisions (a) and (b), and that the implementation of
recommendations proceed immediately following the adoption of those
reviews and reports.
SEC. 40. Section 44279.7 of the
Education Code is amended to read:
44279.7. (a) The superintendent and the commission shall award
supplemental grants on a competitive basis to Beginning Teacher
Support and Assessment System teacher induction programs established
pursuant to Section 44279.2 that are identified as having expertise
according to criteria established by the superintendent and the
commission. The supplemental grants received pursuant to this section
shall be expended to assist clusters of teacher induction programs
operated by school districts or consortiums of school districts.
(b)
44279.7. (a) The superintendent
Superintendent and the commission shall
designate each school district and consortium of school districts
participating in the Beginning Teacher Support and Assessment System
established pursuant to Section 44279.2 as belonging to a cluster
according to the criteria established pursuant to this subdivision.
For the purposes of this section "cluster" means a
cluster of school districts or consortium of school districts
established pursuant this section. The superintendent
Superintendent and the commission shall
establish criteria for the formation of school districts or
consortiums of school district teacher induction program clusters
based upon, but not necessarily be limited to, all of the following:
(1) Geographic proximity.
(2) Program size.
(3) The number of beginning teachers served.
(4) The similarity of teacher characteristics and pupil
populations in each school district.
(c)
(b) School districts and consortiums of school
districts awarded supplemental grants pursuant to this
section shall may identify a teacher induction
program consultant to assist the school district or consortiums of
school districts forming a cluster. The superintendent
Superintenden t and the commission
shall identify the purpose and functions of each consultant. Those
purposes and functions shall include, but not necessarily be limited
to, all the following:
(1) Assisting in designing, implementing, refining, and evaluating
their teacher induction programs.
(2) Assisting in building the capacity to provide professional
development for all personnel involved in the implementation of
teacher induction programs, including, but not limited to, beginning
teachers, support providers, and administrators.
(3) Disseminating information on teacher induction programs to all
interested participants within the cluster and collaborating with
other consultants statewide and with state administrative agency
staff to ensure ongoing program improvement.
(d) The superintendent and the commission shall ensure that each
grant awarded pursuant to this section supports the salary and
benefits and other related costs based on the prorated amount of time
dedicated to this function for a consultant to assist each cluster.
SEC. 41. Section 44320 of the Education
Code is amended to read:
44320. (a) Professional preparation, including student teaching,
shall be made available in the upper division course offerings at all
California public institutions of higher learning, except the
California Maritime Academy and the Hastings College of the Law. No
more than nine semester units, or the equivalent, of professional
education courses may be designated as prerequisites for purposes of
admission to student teaching, except that, to satisfy the English
language requirement as set forth in paragraph (3) of subdivision (b)
of Section 44259, candidates may be required to take 12 semester
units, or the equivalent, as professional education prerequisites to
student teaching.
(b) The commission shall encourage postsecondary institutions that
offer programs of professional preparation to collaborate with
school districts, county offices of education, and professional
organizations in the design and delivery of local programs to
function as part of the California beginning teacher support and
assessment program pursuant to Section 44279.2. If local educational
agencies and institutions of higher education voluntarily agree to
implement the program, the following provisions shall apply to each
collaborative effort:
(1) Postsecondary institutions and local education agencies shall
coordinate and articulate the program of professional preparation and
the beginning teacher support and assessment program, so the two
programs provide continuity in the preparation, support, and
assessment of beginning teachers.
(2) At the discretion of a postsecondary institution that
participates in a collaborative effort, the program of professional
preparation may be submitted to the commission for approval as a
program of preparation, support, and assessment that is at least two
years long.
(3) In each program of preparation, support, and assessment, the
postsecondary institution shall make it possible for each candidate
to complete all requirements for a valid teaching credential in the
equivalent of one year of full-time study.
(4) A postsecondary institution that participates in a
collaborative effort may, at its discretion, determine that
successful completion of the support and assessment components of an
articulated program of professional preparation, support, and
assessment fulfills some or all of the requirements of subdivision
(c) of Section 44259, and may accordingly recommend applicants for
the professional teaching credential. The standards and criteria for
making these determinations and recommendations shall be included in
the institution's proposal for a program.
(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary education institution in the design
and delivery of an articulated program of professional preparation,
support, and assessment that meets the standards and criteria
pursuant to subdivision (c) of Section 44279.2, and that
receives funds pursuant to the annual Budget Act,
44279.2 may contract with the postsecondary institution to pay
the institution's costs of designing and delivering the support and
assessment components of the program.
(c) Local educational agencies that are approved by the commission
to provide programs of personalized preparation to candidates for
designated subjects teaching credentials are encouraged to
participate in the design and delivery of local programs under the
California beginning teacher support and assessment program pursuant
to Article 4.5 (commencing with Section 44279.2), in a manner
consistent with subdivision (b).
(d) Prior to Before
admission to either student teaching under any professional
preparation program approved by the commission, or participation in a
field experience program as described in Section 44324, a candidate
for a credential shall obtain a certificate of clearance from the
commission which shall be issued when the commission has verified the
candidate's personal identification and health status. The fee for
the certificate of clearance shall not exceed one-half of the regular
fee for a credential and shall be deducted from the fee for the
initial credential applied for by the certificate holder.
SEC. 42. Section 44328 of the Education
Code is amended to read:
44328. (a) Unless the commission determines that substantial
evidence exists that a person is unqualified to teach, upon the
completion of successful service as a district intern pursuant to
subdivision (b) of Section 44325, and upon the recommendation of the
school district governing board, the commission shall award
preliminary credentials to district interns in the same manner as
applicants recommended for credentials by institutions that operate
approved programs of professional preparation.
(b) Notwithstanding paragraphs (1) and (2) of subdivision (a) of
Section 44225, paragraphs (3), (4), (5), and (6) of subdivision (b)
of Section 44259, paragraphs (1), (2), (3), and (4) of subdivision
(c) of Section 44259, and Sections 44261, 44265, and 44335, upon
recommendation by the governing board, district interns shall be
issued preliminary credentials, upon the completion of successful
service as a teacher pursuant to subdivision (b) of Section 44325,
unless the governing board recommends, and the commission finds
substantial evidence, that the person is not qualified to teach. A
school district may require a district intern who is pursuing a clear
credential to complete an approved induction program if funds are
available or approved coursework in accordance with paragraph (5) of
subdivision (c) of Section 44259. Pursuant to Article 11
(commencing with Section 44380), teachers participating in an
induction program pursuant to Article 4.5 (commencing with Section
44279.1) are no longer eligible for funding under the district intern
program.
(c) Notwithstanding Section 44261, the preliminary credential
awarded to any district intern holding a district intern credential
to teach bilingual education classes shall be a basic teaching
credential with a bilingual-crosscultural language and academic
development emphasis. Notwithstanding Section 44265, the preliminary
credential awarded to any district intern who holds a district intern
credential to teach special education pupils shall be a special
education specialist instruction credential that authorizes the
holder to teach special education pupils.
(d) It is the intent of the Legislature that institutions of
higher education that operate approved programs of professional
preparation work cooperatively with school districts that offer
district intern programs for a special education specialist
credential to apply the regular education coursework and fieldwork
from the special education district intern program toward earning a
multiple or single subject teaching credential through the
institution.
SEC. 43. Article 11 (commencing with Section
44380) of Chapter 2 of Part 25 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 44. Article 12 (commencing with Section
44390) of Chapter 2 of Part 25 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 45. Article 13 (commencing with Section
44395) of Chapter 2 of Part 25 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 46. Article 4.5 (commencing with Section
44500) of Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 47. Article 5 (commencing with Section 44520)
of Chapter 3 of Part 25 of Divisi on 3 of
Title 2 of the Education Code is repealed.
SEC. 48. Article 6 (commencing with Section 44560)
of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 49. Article 7 (commencing with Section 44570)
of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 50. Article 8 (commencing with Section 44580)
of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 51. Article 10
(commencing with Section 44630) of Chapter 3 of Part 25 of Division 3
of Title 2 of the Education Code is
repealed.
SEC. 52. Article 10.5 (commencing with Section
44645) of Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 53. Article 10.6 (commencing with Section
44650) of Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 54. Article 3 (commencing with Section 44681)
of Chapter 3.1 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 55. Chapter 3.3 (commencing with Section
44700) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 56. Chapter 3.33 (commencing with Section
44720) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 57. Chapter 3.34 (commencing with Section
44730) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 58. Chapter 3.36 (commencing with Section
44735) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 59. Chapter 3.45 (commencing with Section
44755) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 60. Chapter 3.5 (commencing with Section
44760) of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 61. Section 45037 of the Education
Code is repealed.
45037. (a) Except as provided in Section 45036, for the fiscal
year 2001-02 and for any fiscal year thereafter in which a person
renders service as a teacher in kindergarten or any of grades 1 to
12, inclusive, who does not have a valid certification document, the
school district or county office of education in which the person is
employed shall be assessed a penalty that shall be in lieu of any
loss of funding that would otherwise result under Chapter 6.10
(commencing with Section 52120) of Part 28. The penalty shall be
calculated as provided in subdivision (b) and withheld from state
funding otherwise due to the district or county office of education.
(1) Notwithstanding Section 46300, the attendance of the
noncertificated person's pupils during the period of service shall be
included in the computation of average daily attendance.
(2) The noncertificated person's period of service shall not be
excluded from the determination of eligibility for incentive funding
for a longer instructional day or year, or both, pursuant to Article
8 (commencing with Section 46200) of Chapter 2 of Part 26.
(b) (1) For each person who rendered service in the employment of
the district or county office of education as a teacher in
kindergarten or any of grades 1 to 12, inclusive, during the fiscal
year, add the total number of schooldays on which the person rendered
any amount of the service.
(2) For each person who rendered service in the employment of the
district or county office of education as a teacher in kindergarten
or any of grades 1 to 12, inclusive, during the fiscal year, for a
period of service during which the person did not have a valid
certification document, add the number of schooldays on which the
person rendered any amount of the service without a valid
certification document.
(3) Divide the number determined in paragraph (2) by the number
determined in paragraph (1) and carry the result to four decimal
places.
(4) Multiply a school district's revenue limit entitlement for the
fiscal year, calculated pursuant to Section 42238, or it's funding
amount calculated pursuant to Article 4 (commencing with Section
42280) of Chapter 7 of Part 24, as applicable, or a county office of
education's funding for the fiscal year, for the program in which the
noncertificated person rendered service by the number determined in
paragraph (3).
(c) Beginning in 2002-03, if a county office of education releases
a warrant in favor of a person for whom a period of school district
service is included in the calculation set forth in paragraph (2) of
subdivision (b), and the warrant is either compensation for
employment as a teacher or for employment in some other capacity if
the county office of education has direct knowledge or is in
possession of information giving rise to a reasonable inference that
the person is rendering service as a teacher, the county office shall
be assessed a penalty. The penalty assessed to a county office for
any fiscal year in which one or more district teachers did not have a
valid certification document shall be equal to the lesser of three
amounts as follows:
(1) Fifty percent of all penalties assessed for that fiscal year
to all school districts in the county office's jurisdiction pursuant
to subdivision (b).
(2) One-half percent of the total expenditures for that fiscal
year from unrestricted resources, as defined in the California School
Accounting Manual, in the county office's county school service
fund, when two or fewer districts in the county office's jurisdiction
are subject to penalties pursuant to subdivision (b).
(3) One percent of the total expenditures for that fiscal year
from unrestricted resources, as defined in the California School
Accounting Manual, in the county office's county school service fund,
when three or more districts in the county office's jurisdiction are
subject to penalties pursuant to subdivision (b).
(d) Except as provided in Section 41344.1, nothing in this section
may be waived in whole or in part.
SEC. 62. Article 8.5 (commencing with Section
45370) of Chapter 5 of Part 25 of Division 3 of Title 2 of
the Education Code is repealed.
SEC. 63. Section 46306 of the Education
Code is repealed.
46306. Notwithstanding any other provision of law, the average
daily attendance of pupils enrolled in summer schools shall be
credited to the school district in the fiscal year in which the last
day of the summer school falls.
SEC. 64. Section 47613.1 of the
Education Code is amended to read:
47613.1. The Superintendent of Public Instruction
shall make all both of the
following apportionments on behalf of a charter school in a school
district in which all schools have been converted to charter schools
pursuant to Section 47606, and that elects not to be funded
pursuant to the block grant funding model set forth in Section 47633
in each fiscal year that the charter school so elects:
47606:
(a) From funds appropriated to Section A of the State School Fund
for apportionment for that fiscal year pursuant to Article 2
(commencing with Section 42238) of Chapter 7 of Part 24, an amount
for each unit of current fiscal year regular average daily attendance
in the charter school that is equal to the current fiscal year base
revenue limit for the school district to which the charter petition
was submitted.
(b)
(a) For each pupil enrolled in the charter school who
is entitled to special education services, the state and federal
funds for special education services for that pupil that would have
been apportioned for that pupil to the school district to which the
charter petition was submitted.
(c)
(b) Funds for the programs described in clause
(i) of subparagraph (B) of paragraph (1) of subdivision (a) of
Section 54761, and Sections 63000 and 64000, to the extent
that any pupil enrolled in the charter school is eligible to
participate.
SEC. 65. Section 47613.2 of the
Education Code is repealed.
47613.2. Notwithstanding Sections 47613.1 and 47661, for the
2000-01 fiscal year, the revenue limit of an elementary school
district may be determined using either the current or prior year
second principal apportionment average daily attendance, whichever is
greater, if all the schools in the district were converted to
charter schools in the 2000-01 fiscal year and the district continued
to be funded through the base revenue limit method.
SEC. 66. Section 47630 of the Education
Code is amended to read:
47630. (a) It is the intent
of the Legislature that each charter school be provided with
operational funding that is equal to the total funding that would be
available to a similar school district serving a similar pupil
population, except that a charter school may not be funded as a
necessary small school or a necessary small high school, nor
receive revenue limit funding that exceeds the statewide average for
a school district of a similar type. school.
(b) The Legislature finds and declares that the funding method
established by this chapter provides for simple and, at the option of
the charter school, local or direct allocation of funds to charter
schools in a manner that is consistent with state and federal law.
SEC. 67. Section 47630.5 of the
Education Code is repealed.
47630.5. (a) This chapter applies to the calculation of
operational funding for charter schools. Except as otherwise provided
in this chapter, this chapter shall apply to all charter schools
without regard to their sponsoring local education agency.
(b) For the 1999-2000, 2000-01, and 2001-02 fiscal years in the
case of a charter school that was assigned a number by the State
Board of Education prior to June 1, 1999, the use of the charter
school funding method established by this chapter shall be at the
discretion of that charter school. A charter school that elects to
have its funding determined pursuant to the method established by
this chapter shall notify the State Department of Education by June 1
prior to the affected fiscal year. An election to be funded pursuant
to the method established by this chapter is irrevocable.
(c) Additional legal or fiscal responsibilities on the part of a
county superintendent of schools are not imposed by this chapter,
except as specifically provided in this chapter.
SEC. 68. Section 47633 of the Education
Code is repealed.
47633. The Superintendent shall annually compute a
general-purpose entitlement, funded from a combination of state aid
and local funds, for each charter school as follows:
(a) The Superintendent shall annually compute the statewide
average amount of general-purpose funding per unit of average daily
attendance received by school districts for each of four grade level
ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6;
grades 7 and 8; and, grades 9 to 12, inclusive. For purposes of
making these computations, both of the following conditions shall
apply:
(1) Revenue limit funding attributable to pupils in kindergarten
and grades 1 to 5, inclusive, shall equal the statewide average
revenue limit funding per unit of average daily attendance received
by elementary school districts; revenue limit funding attributable to
pupils in grades 6, 7, and 8, shall equal the statewide average
revenue limit funding per unit of average daily attendance received
by unified school districts; and revenue limit funding attributable
to pupils in grades 9 to 12, inclusive, shall equal the statewide
average revenue limit funding per unit of average daily attendance
received by high school districts.
(2) Revenue limit funding received by school districts shall
exclude the value of any benefit attributable to the presence of
necessary small schools or necessary small high schools within the
school district.
(b) The Superintendent shall multiply each of the four amounts
computed in subdivision (a) by the charter school's average daily
attendance in the corresponding grade level ranges. The resulting
figure shall be the amount of the charter school's general-purpose
entitlement, which shall be funded through a combination of state aid
and local funds. From funds appropriated for this purpose pursuant
to Section 14002, the superintendent shall apportion to each charter
school this amount, less local funds allocated to the charter school
pursuant to Section 47635 and any amount received pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(c) General-purpose entitlement funding may be used for any public
school purpose determined by the governing body of the charter
school.
SEC. 69. Section 47634.1 of the
Education Code , as amended by Section 23 of Chapter 2
of the Fourth Extraordinary Session of the Statutes of 2009, is
repealed.
47634.1. (a) Notwithstanding subdivision (a) of Section 47634, a
categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:
(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual Budget
Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average daily
attendance, as determined at the second principal apportionment for
the 2005-06 fiscal year.
(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29. This amount shall be multiplied by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, may not be less than the
minimum amount of Economic Impact Aid funding to which a school
district of similar size would be entitled pursuant to Section 54022.
For purposes of this subdivision, a pupil who is eligible for
subsidized meals pursuant to Section 49552 and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
(3) For each charter school, the Superintendent shall multiply the
amount calculated in paragraph (1) by the school's average daily
attendance as determined at the second principal apportionment for
the 2005-06 fiscal year.
(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on prior
year average daily attendance as determined at the second principal
apportionment or, for a charter school in its first year of operation
that commences instruction on or before September 30, 2005, on
estimates of average daily attendance for the current fiscal year
determined pursuant to Section 47652.
(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2006-07 fiscal year. This amount shall be supplemented by the
amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, may not be less than the minimum amount
of Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2007-08 fiscal year. For each fiscal year thereafter, this per
unit amount shall be adjusted for the cost-of-living adjustment, as
determined pursuant to Section 42238.1, for that fiscal year. This
amount shall be supplemented in the 2007-08 fiscal year and each
fiscal year thereafter by the amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part 29,
shall be multiplied by the number of economic impact aid-eligible
pupils enrolled in the charter school. The resulting amount, if
greater than zero, may not be less than the minimum amount of
Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(d) It is the intent of the Legislature to fully fund the
categorical block grant for charter schools as specified in this
section and to appropriate additional funding that may be needed in
order to compensate for unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, in charter schools. In any fiscal year in which the
department identifies a deficiency in the categorical block grant,
the department shall identify the available balance for programs that
count towards meeting the requirements of Section 8 of Article XVI
of the California Constitution and have unobligated funds for the
year.
(e) For the purposes of this section, a funding deficiency shall
be strictly limited to unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils. In no
event shall additional funding be provided to restore reductions made
to categorical programs pursuant to Control Section 12.42 of an
annual Budget Act.
(f) On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 30 days of any transfer made pursuant to this
section.
(g) Commencing October 1, 2007, the Legislative Analyst's Office
shall triennially convene a work group to review, commencing with
appropriations proposed for the 2008-09 fiscal year, the
appropriateness of the funding level provided by the categorical
block grant established in this section.
(h) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.
(i) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 70. Section 47634.1 of the
Education Code , as added by Section 24 of Chapter 2
of the Fourth Extraordinary Session of the Statutes of 2009, is
repealed.
47634.1. (a) Notwithstanding subdivision (a) of Section 47634, a
categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:
(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual Budget
Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average daily
attendance, as determined at the second principal apportionment for
the 2005-06 fiscal year.
(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29. This amount shall be multiplied by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, shall not be less than
the minimum amount of Economic Impact Aid funding to which a school
district of similar size would be entitled pursuant to Section 54022.
For purposes of this subdivision, a pupil who is eligible for
subsidized meals pursuant to Section 49552 and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
(3) For each charter school, the Superintendent shall multiply the
amount calculated in paragraph (1) by the school's average daily
attendance as determined at the second principal apportionment for
the 2005-06 fiscal year.
(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on prior
year average daily attendance as determined at the second principal
apportionment or, for a charter school in its first year of operation
that commences instruction on or before September 30, 2005, on
estimates of average daily attendance for the current fiscal year
determined pursuant to Section 47652.
(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2006-07 fiscal year. This amount shall be supplemented by the
amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, shall not be less than the minimum
amount of Economic Impact Aid funding to which a school district of
similar size would be entitled pursuant to Section 54022.
(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2007-08 fiscal year. For each fiscal year thereafter, this per
unit amount shall be adjusted for the cost-of-living adjustment, as
determined pursuant to Section 42238.1, for that fiscal year. This
amount shall be supplemented in the 2007-08 fiscal year and each
fiscal year thereafter by the amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part 29,
shall be multiplied by the number of economic impact aid-eligible
pupils enrolled in the charter school. The resulting amount, if
greater than zero, shall not be less than the minimum amount of
Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(d) It is the intent of the Legislature to fully fund the
categorical block grant for charter schools as specified in this
section and to appropriate additional funding that may be needed in
order to compensate for unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, in charter schools. In any fiscal year in which the
department identifies a deficiency in the categorical block grant,
the department shall identify the available balance for programs that
count towards meeting the requirements of Section 8 of Article XVI
of the California Constitution and have unobligated funds for the
year. On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 30 days of any transfer made pursuant to this
section.
(e) Commencing October 1, 2007, the Legislative Analyst's Office
shall triennially convene a work group to review, commencing with
appropriations proposed for the 2008-09 fiscal year, the
appropriateness of the funding level provided by the categorical
block grant established in this section.
(f) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.
(g) This section shall become operative on July 1, 2013.
SEC. 71. Section 47634.3 of the
Education Code is amended to read:
47634.3. For purposes of Section 47633,
Sections 42238.02 and 42238.03, the Superintendent shall
compute average daily attendance in each of grades 1 through 12,
respectively, as follows:
(a) Distribute statewide total ungraded enrollment and average
daily attendance among kindergarten and each of grades 1 through 12,
inclusive, in proportion to the amounts of graded enrollment and
average daily attendance, respectively, in each of these grades.
(b) Multiply enrollment in each of grades 1 through 12,
respectively, by the ratio of average daily attendance to enrollment
in the applicable grade range: 1 through 3, inclusive, 4 through 6,
inclusive; 7 and 8; and 9 through 12, inclusive.
SEC. 72. Section 47634.4 of the
Education Code is amended to read:
47634.4. (a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.
(b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may, in cooperation with its
chartering authority, apply for federal and state categorical
programs not specified in this section, but only to the extent it is
eligible for funding and meets the provisions of the program.
(c) Notwithstanding any other provision of law,
for the 2006-07 fiscal year and each fiscal year thereafter, a
charter school may not apply directly for categorical programs for
which services are exclusively or almost exclusively provided by a
county office of education.
(d) Consistent with subdivision (c), a charter school may not
receive direct funding for any of the following county-administered
categorical programs:
(1) American Indian Education Centers.
(2) The California Association of Student Councils.
(3) California Technology Assistance Project established pursuant
to Article 15 (commencing with Section 51870) of Chapter 5 of Part
28.
(4) The Center for Civic Education.
(5)
(2) County Office Fiscal Crisis and Management
Assistance Team.
(6)
(3) The K-12 High Speed Network.
(e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).
(f) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, in addition to the
programs listed in subdivision (d), a charter school may not apply
for any of the following categorical programs:
(1) Agricultural Career Technical Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28.
(2) Bilingual Teacher Training Assistance Program, as set forth in
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28.
(3) California Peer Assistance and Review Program for Teachers, as
set forth in Article 4.5 (commencing with Section 44500) of Chapter
3 of Part 25.
(4) College preparation programs, as set forth in Chapter 12
(commencing with Section 11020) of Part 7, Chapter 8.3 (commencing
with Section 52240) of Part 28, and Chapter 8 (commencing with
Section 60830) of Part 33.
(5)
(2) Foster youth programs pursuant to Chapter 11.3
(commencing with Section 42920) of Part 24.
(6) Gifted and talented pupil programs pursuant to Chapter 8
(commencing with Section 52200) of Part 28.
(7)
(3) Home-to-school transportation programs, as set
forth in Article 2 (commencing with Section 39820) of Chapter 1 of
Part 23.5 and Article 10 (commencing with Section 41850) of Chapter 5
of Part 24.
(8) International Baccalaureate Diploma Program, as set forth in
Chapter 12.5 (commencing with Section 52920) of Part 28.
(9) Mathematics and Reading Professional Development Program, as
set forth in Article 3 (commencing with Section 99230) of Chapter 5
of Part 65.
(10) Principal Training Program, as set forth in Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25.
(11) Professional Development Block Grant, as set forth in Article
5 (commencing with Section 41530) of Chapter 3.2 of Part 24.
(12) Program to Reduce Class Size in Two Courses in Grade 9
(formerly The Morgan-Hart Class Size Reduction Act of 1989), as set
forth in Chapter 6.8 (commencing with Section 52080) of Part 28.
(13) Pupil Retention Block Grant, as set forth in Article 2
(commencing with Section 41505) of Chapter 3.2 of Part 24.
(14) Reader services for blind teachers, as set forth in Article
8.5 (commencing with Section 45370) of Chapter 5 of Part 25.
(15) School and Library Improvement Block Grant, as set forth in
Article 7 (commencing with Section 41570) of Chapter 3.2 of Part 24.
(16) School Safety Consolidated Competitive Grant, as set forth in
Article 3 (commencing with Section 41510) of Chapter 3.2 of Part 24.
(17) School safety programs, as set forth in Article 3.6
(commencing with Section 32228) and Article 3.8 (commencing with
Section 32239.5) of Chapter 2 of Part 19.
(18) Specialized secondary schools pursuant to Chapter 6
(commencing with Section 58800) of Part 31.
(19) State Instructional Materials Fund, as set forth in Article 3
(commencing with Section 60240) of Chapter 2 of Part 33.
(20)
(4) Targeted Instructional Improvement Block Grant, as
set forth in Article 6 (commencing with Section 41540) of Chapter 3.2
of Part 24.
(21) Teacher dismissal apportionment, as set forth in Section
44944.
(22) The deferred maintenance program, as set forth in Article 1
(commencing with Section 17565) of Chapter 5 of Part 10.5.
(23) The General Fund contribution to the State Instructional
Materials Fund pursuant to Article 3 (commencing with Section 60240)
of Chapter 2 of Part 33.
(24) Year-Round School Grant Program, as set forth in Article 3
(commencing with Section 42260) of Chapter 7 of Part 24.
SEC. 73. Section 47650 of the Education
Code is amended to read:
47650. A charter school shall be deemed to be a school district
for purposes of determining the manner in which warrants are drawn on
the State School Fund pursuant to Section 14041. For purposes of
Section 14041, a charter school's "total amount certified" means the
state aid portion of the charter school's total
general-purpose entitlement and categorical block grant computed
local control funding formula allocation
pursuant to Sections 47633 and 47634. Section
42238.02, as implemented by Section 42238.03.
SEC. 74. Section 47651 of the Education
Code is amended to read:
47651. (a) A charter school may receive the state aid portion of
the charter school's total general-purpose entitlement and
categorical block grant local control funding formula
allocation pursuant to Section 42238.02, as implemented by Section
42238.03, directly or through the local educational agency that
either grants its charter or was designated by the State
Board of Education. state board.
(1) In the case of a charter school that elects to receive its
funding directly, the warrant shall be drawn in favor of the
county superintendent of schools of the county in which the
local educational agency that approved the charter or was designated
by the State Board of Education state board
as the oversight agency pursuant to paragraph (1) of
subdivision (k) of Section 47605 is located, for deposit to the
appropriate funds or accounts of the charter school in the county
treasury. The county superintendent of schools is authorized to
establish appropriate funds or accounts in the county treasury for
each charter school.
(2) In the case of a charter school that does not elect to receive
its funding directly pursuant to Section 47651, the warrant shall be
drawn in favor of the county superintendent of schools of
the county in which the local educational agency that granted the
charter is located or was designated the oversight agency by the
state board pursuant to paragraph (1) of subdivision (k) of
Section 47605, for deposit to the appropriate funds or accounts of
the local educational agency.
(3) In the case of a charter school, the charter of which was
granted by the State Board of Education,
state board, but for which the state board has not
delegated oversight responsibilities pursuant to paragraph (1) of
subdivision (k) of Section 47605, the warrant shall be drawn in favor
of the county superintendent of schools in the county
where the local educational agency is located that initially denied
the charter that was later approved by the state board.
The county superintendent of schools is authorized to establish
appropriate funds or accounts in the county treasury for each charter
school.
(b) On or before June 1 of each year, a charter school electing to
receive its funding directly shall so notify the county
superintendent of schools of the county in which the local
educational agency that granted the charter is located or, in the
case of charters for which the State Board of Education
state board has designated an oversight agency
pursuant to paragraph (1) of subdivision (k) of Section 47605, the
county superintendent of schools of the county in which the
designated oversight agency is located. An election to receive
funding directly shall apply to all funding that the charter school
is eligible to receive including, but not limited to, the
charter general-purpose entitlements and the categorical block grant
computed local control funding formula allocation
pursuant to Sections 47633 and 47634,
Section 42238.02, as implemented by Section 42238.03, other
state and federal categorical aid, and lottery funds.
SEC. 75. Section 48660 of the Education
Code is amended to read:
48660. The governing board of a school district may establish one
or more community day schools for pupils who meet one or more of the
conditions described in subdivision (b) of Section 48662. A
community day school may serve pupils in any of kindergarten and
grades 1 to 6, inclusive, or any of grades 7 to 12, inclusive, or the
same or lesser included range of grades as may be found in
any an individual middle or junior high school
operated by the school district. If a school district is
organized as a school district that serves kindergarten
and grades 1 to 8, inclusive, but no higher grades, the governing
board of the school district may establish a community day school for
any kindergarten and grades 1 to 8, inclusive, upon a two-thirds
vote of the board. governing board of the
school district. It is the intent of the Legislature, that to
the extent possible, the governing board of a school district
operating a community day school for any of kindergarten and grades 1
to 8, inclusive, separate younger pupils from older pupils within
that community day school. Except as provided in Section
47634, a charter school may not receive funding as a community day
school unless it meets all the conditions of apportionment set forth
in this article.
SEC. 76. Section 48660.2 of the
Education Code is repealed.
48660.2. (a) Notwithstanding any other provision of law, and as a
condition of receiving apportionments under this article, school
districts operating one or more community day schools shall annually
report to the Superintendent, on forms approved by the State Board of
Education, the direct instructional costs and documented support
costs of their community day schools, using definitions included in
the California School Accounting Manual, Part I, as it read on July
1, 1997, except that districts may include in these reports the costs
of rents and leases for facilities used by community day schools and
maintenance and operations costs for facilities used by community
day schools. Each school district that has received approval from the
department to use the standardized account code structure may
satisfy the requirement set forth in this subdivision by reporting
the direct costs of the community day school program, and shall
maintain documentation of all noninstructional costs charged to the
community day school program.
(b) The Superintendent shall do each of the following:
(1) Multiply the total of all funds received by each school
district on behalf of pupils while enrolled in community day schools
by 0.9.
(2) Subtract the total of each school district's costs for
community day schools, as determined pursuant to subdivision (a),
from the amount determined pursuant to paragraph (1).
(3) If the amount determined pursuant to paragraph (2) for a
school district is positive, the Superintendent shall subtract that
amount from the school district's next apportionment.
(c) (1) For purposes of making the computation required by
paragraph (1) of subdivision (b) for the 2004-05 fiscal year, the
"total of all funds received" means the total of all funds received
in the 2002-03 to 2004-05 fiscal years, inclusive.
(2) For purposes of making the computation required by paragraph
(2) of subdivision (b) for the 2004-05 fiscal year, the "school
district's costs" means the school district's costs incurred in the
2002-03 to 2004-05 fiscal years, inclusive.
SEC. 77. Section 48663 of the Education
Code is repealed.
48663. (a) The minimum schoolday in a community day school is 360
minutes of classroom instruction provided by a certificated employee
of the district reporting the attendance of the pupils for
apportionment funding.
(b) A pupil enrolled in a community day school may not generate
more than one day of community day school attendance credit in a
schoolday for any purpose.
(c) For the purposes of calculating the additional funding
provided to a school district pursuant to Section 48664, only
community day school attendance shall be reported in clock hours.
Attendance of less than five clock hours in a schoolday shall be
disregarded for purposes of Section 48664. Five clock hours of
attendance in one schoolday shall be deemed to be one-half day of
attendance, for purposes of additional funding pursuant to Section
48664. Six clock hours or more of attendance in one schoolday shall
be deemed to be one day of attendance, for purposes of additional
funding pursuant to Section 48664.
(d) Independent study may not be utilized as a means of providing
any part of the minimum instructional day provided pursuant to
subdivision (a).
(e) A community day school's academic programs shall be comparable
to those available to pupils of a similar age in the school
district.
SEC. 78. Section 48664 of the Education
Code is repealed.
48664. (a) (1) In addition to funds from all other sources, the
Superintendent of Public Instruction shall apportion to each school
district that operates a community day school four thousand dollars
($4,000) per year, and for each county office of education that
operates a community day school three thousand dollars ($3,000) per
year, for each unit of average daily attendance reported at the
annual apportionment for pupil attendance at community day schools,
adjusted annually commencing with the 1999-2000 fiscal year for the
inflation adjustment calculated pursuant to subdivision (b) of
Section 42238.1. Average daily attendance reported for this program
shall not exceed 0.375 percent of a district's prior year P2 average
daily attendance in an elementary school district, 0.5 percent of a
district's prior year P2 average daily attendance in a unified school
district, or 0.625 percent of a district's prior year P2 average
daily attendance in a high school district. The units of average
daily attendance of a community day school operated by a county
office of education shall not exceed the unused units of average
daily attendance of the community day schools operated by the school
districts within the jurisdiction of that county office of education.
(2) The Superintendent of Public Instruction may reallocate to any
school district any unexpended balance of the appropriations made
for the purposes of this subdivision for actual pupil attendance in
excess of the percentage specified in this subdivision for the school
district in an amount not to exceed one-half of that percentage.
However, the average daily attendance generated by pupils expelled
pursuant to subdivision (d) of Section 48915, shall not be subject to
these percentage caps on average daily attendance.
(b) The average daily attendance of a community day school shall
be determined by dividing the total number of days of attendance in
all full school months, by a divisor of 70 in the first period of
each fiscal year, by a divisor of 135 in the second period of each
fiscal year, and by a divisor of 180 at the annual time of each
fiscal year.
(c) The Superintendent of Public Instruction shall apportion to
each school district that operates a community day school an amount
equal to four dollars ($4), adjusted annually commencing with the
1999-2000 fiscal year for inflation pursuant to subdivision (b) of
Section 42238.1, multiplied by the total of the number of hours each
schoolday, up to a maximum of two hours daily, that each community
day school pupil remains at the community day school under the
supervision of an employee of the school district, or a consortium of
school districts pursuant to Section 48916.1, reporting the
attendance of the pupils for apportionment funding following
completion of the full six-hour instructional day.
(d) It is the intent of the Legislature that districts enter into
consortia, as feasible, for the purpose of providing community day
school programs. Any school district with fewer than 2,501 units of
average daily attendance may request a waiver for any fiscal year of
the funding limitations set forth in this section. The Superintendent
of Public Instruction shall approve a waiver if he or she deems it
necessary in order to permit the operation of a community day school
of reasonably comparable quality to those offered in a school
district with 2,501 or more units of average daily attendance. In no
event shall the amount allocated pursuant to a waiver exceed the
amount provided for one teacher pursuant to Section 42284, for pupils
enrolled in kindergarten and grades 1 to 6, inclusive, or the amount
provided for one teacher pursuant to Section 42284, for pupils
enrolled in grades 7 to 12, inclusive. The provisions of this act
shall not apply to any school district that applied for a waiver
within the funding limits established by this subdivision but was
denied funding or not fully funded.
(e) The State Department of Education shall evaluate and report to
the appropriate legislative policy committees and budget committees
on or before October 1, 1998, and for two years thereafter the
following programmatic and fiscal issues:
(1) The number of expulsions statewide.
(2) The number of school districts operating community day
schools.
(3) Status of the countywide plans as defined in Section 48926.
(4) An evaluation of the community day school average daily
attendance funding percentage cap.
(5) Number of small school districts requesting and the number
receiving a waiver under this section.
(6) The effect of hourly accounting under Section 48663 for
purposes of receiving the additional funding under Section 48664.
(7) The number of pupils and average daily attendance served in
community day programs, further identified as the number expelled
pursuant to subdivision (b) of Section 48915, subdivision (d) of
Section 48915, other expulsion criteria, or referred through a formal
district process.
(8) Pupil outcome data and other data as required under Section
48916.1.
(9) Other programmatic or fiscal matters as determined by the
State Department of Education.
(f) The additional funds provided in subdivisions (a), (c), and
(d) shall only be allocated to the extent that funds are appropriated
for this purpose in the annual Budget Act or other legislation, or
both, except for pupils expelled pursuant to subdivision (d) of
Section 48915. For pupils expelled pursuant to subdivision (d) of
Section 48915, the funds apportioned under subdivision (a) are
continuously appropriated from the General Fund to Section A of the
State School Fund.
(g) A one-time adjustment shall be made to the amount specified in
subdivision (a), for the 1998-99 fiscal year and subsequent fiscal
years, by increasing that amount by the statewide average quotient
resulting from dividing the average daily attendance specified in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
42238.8 by the amount specified in subparagraph (C) of paragraph (3)
of subdivision (a) of Section 42238.8.
SEC. 79. Section 48667 of the Education
Code is amended to read:
48667. (a) For the
purposes of this article, each county office of education
shall be deemed to be a school district.
(b) The Superintendent of Public Instruction shall use the revenue
limit per unit of average daily attendance of the statewide average
juvenile court school revenue limit per unit of average daily
attendance for a community day school operated by a county office of
education.
SEC. 80. Article 15 (commencing with
Section 51870) of Chapter 5 of Part 28 of Division 4 of
Title 2 of the Education Code is repealed.
SEC. 81. Chapter 6.8 (commencing with Section
52080) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 82. Chapter 6.9 (commencing with Section
52100) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 83. Chapter 6.10 (commencing with Section
52120) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 84. Chapter 7 (commencing with Section 52130)
of Part 28 of Division 4 of Title 2 of the Education Code
is repealed.
SEC. 85. Chapter 8 (commencing with Section 52200)
of Part 28 of Division 4 of Title 2 of the Education Code
is repealed.
SEC. 86. Chapter 8.3 (commencing with Section
52240) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 87. Chapter 8.5 (commencing with Section
52250) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 88. Chapter 8.6 (commencing with Section
52270) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 89. Article 4.5 (commencing with Section
52378) of Chapter 9 of Part 28 of Division 4 of Title 2 of
the Education Code is repealed.
SEC. 90. Article 5 (commencing with Section 52381)
of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 91. Article 8 (commencing with Section 52480)
of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 92. Article 9 (commencing with Section 52485)
of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 93. Article 4 (commencing with Section 52750)
of Chapter 11 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 94. Article 1 (commencing with Section 52800)
of Chapter 12 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 95. Chapter 12.5 (commencing with Section
52920) of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 96. Chapter 1 (commencing with Section
54000) of Part 29 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 97. Chapter 2 (commencing with Section 54100)
of Part 29 of Division 4 of Title 2 of the Education Code
is repealed.
SEC. 98. Article 7.1 (commencing with Section
54740) of Chapter 9 of Part 29 of Division 4 of Title 2 of
the Education Code is repealed.
SEC. 99. Chapter 5 (commencing with Section 58700)
of Part 31 of Division 4 of Title 2 of the Education Code
is repealed.
SEC. 100. The heading of Article 7 (commencing
with Section 60117) of Chapter 1 of Part 33 of Division 4
of Title 2 of the Education Code is amended to
read:
Article 7. Pupil Textbook and
Sufficiency of Instructional Materials Incentive
Program
SEC. 101. Section 60117 of the
Education Code is repealed.
60117. This article shall be known and may be cited as the Pupil
Textbook and Instructional Materials Incentive Program Act.
SEC. 102. Section 60118 of the Education
Code is repealed.
60118. County offices of education may, at their option, be
eligible to receive funds pursuant to this article. Allocations to
county offices of education shall be based upon prior year average
daily attendance in county operated educational programs and at the
average amount allocated to school districts per unit of average
daily attendance. For the purposes of this article, the terms
"governing board of a school district" and "governing board" are
deemed to include county boards of education.
SEC. 103. Section 60119 of the
Education Code is amended to read:
60119. (a) In order to be eligible to receive funds
available for purposes of this article, the The
governing board of a school district shall take the
following actions:
(1) (A) The governing board of a school district shall hold a
public hearing or hearings at which the governing board of the
school district shall encourage participation by parents,
teachers, members of the community interested in the affairs of the
school district, and bargaining unit leaders, and shall make a
determination, through a resolution, as to whether each pupil in each
school in the school district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 or 60605.8 in each of the
following subjects, as appropriate, that are consistent with the
content and cycles of the curriculum framework adopted by the state
board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English language arts, including the English language
development component of an adopted program.
(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
(C) As part of the hearing required pursuant to this section, the
governing board of a school district also shall make a written
determination as to whether each pupil enrolled in a foreign language
or health course has sufficient textbooks or instructional materials
that are consistent with the content and cycles of the curriculum
frameworks adopted by the state board for those subjects. The
governing board of a school district also shall determine the
availability of laboratory science equipment as applicable to science
laboratory courses offered in grades 9 to 12, inclusive. The
provision of the textbooks, instructional materials, or science
equipment specified in this subparagraph is not a condition of
receipt of funds provided by this subdivision.
(2) (A) If the governing board of a school district determines
that there are insufficient textbooks or instructional materials, or
both, the governing board of the school district shall
provide information to classroom teachers and to the public setting
forth, in the resolution, for each school in which an insufficiency
exists, the percentage of pupils who lack sufficient
standards-aligned textbooks or instructional materials in each
subject area and the reasons that each pupil does not have sufficient
textbooks or instructional materials, or both, and take any action,
except an action that would require reimbursement by the Commission
on State Mandates, to ensure that each pupil has sufficient textbooks
or instructional materials, or both, within two months of the
beginning of the school year in which the determination is made.
(B) In carrying out subparagraph (A), the governing board of a
school district may use moneys in any of the following funds:
(i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any
funds allocated received pursuant to
school districts that have been appropriated in
Section 8880.5 of the annual Budget Act.
Government Code.
(ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
(iii)
(ii) Any other funds available to the school district
for textbooks or instructional materials, or both.
(b) The governing board of a school district shall provide 10 days'
notice of the public hearing or hearings set forth in subdivision
(a). The notice shall contain the time, place, and purpose of the
hearing and shall be posted in three public places in the school
district. The hearing shall be held at a time that will encourage the
attendance of teachers and parents and guardians of pupils who
attend the schools in the school district and shall not take place
during or immediately following school hours.
(c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home. This paragraph
does not require two sets of textbooks or instructional materials for
each pupil. The materials may be in a digital format as long as each
pupil, at a minimum, has and can access the same materials in the
class and to take home, as all other pupils in the same class or
course in the school district and has the ability to use and access
them at home.
(2) Sufficient textbooks or instructional materials as defined in
paragraph (1) do not include photocopied sheets from only a portion
of a textbook or instructional materials copied to address a
shortage.
(d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.
(e) For the purpose of transitioning to instructional materials
that are aligned with the common core academic content standards, it
is the intent of the Legislature that textbooks, instructional
materials, and supplemental instructional materials be deemed to be
aligned with the content standards pursuant to subdivisions (a) and
(c), and be deemed consistent with the content and cycles of the
curriculum framework adopted by the state board pursuant to
subdivision (a) if the textbooks, instructional materials,
supplemental instructional materials, or a combination of any such
materials are aligned to the content standards adopted pursuant to
Section 60605 or 60605.8.
SEC. 104. Article 3 (commencing with Section
60240) of Chapter 2 of Part 33 of Division 4 of Title 2 of
the Education Code is repealed.
SEC. 105. Article 7 (commencing with Section
60350) of Chapter 2 of Part 33 of Division 4 of Title 2 of
the Education Code is repealed.
SEC. 106. Chapter 4 (commencing with Section
60500) of Part 33 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 107. Section 60851 of the
Education Code is amended to read:
60851. (a) Commencing with the 2003-04 school year and each
school year thereafter, each pupil completing grade 12 shall
successfully pass the high school exit examination as a condition of
receiving a diploma of graduation or a condition of graduation from
high school. Funding for the administration of the high school exit
examination shall be provided for in the annual Budget Act. The
Superintendent shall apportion funds appropriated for this purpose to
enable school districts to meet the requirements of this subdivision
and subdivisions (b), (c), and (d). The state board shall establish
the amount of funding to be apportioned per test administered, based
on a review of the cost per test.
(b) Each pupil shall take the high school exit examination in
grade 10 beginning in the 2001-02 school year and may take the
examination during each subsequent administration, until each section
of the examination has been passed.
(c) (1) At the parent or guardian's request, a school principal
shall submit a request for a waiver of the requirement to
successfully pass the high school exit examination to the governing
board of the school district for a pupil with a disability who has
taken the high school exit examination with modifications that alter
what the test measures and has received the equivalent of a passing
score on one or both subject matter parts of the high school exit
examination. A governing board of a school district may waive the
requirement to successfully pass one or both subject matter parts of
the high school exit examination for a pupil with a disability if the
principal certifies to the governing board of the school district
that the pupil has all of the following:
(A) An individualized education program adopted
pursuant to the federal Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.) or a plan adopted pursuant to Section
504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a))
in place that requires the accommodations or modifications to be
provided to the pupil when taking the high school exit examination.
(B) Sufficient high school level coursework either
satisfactorily completed or in progress in a high school level
curriculum sufficient to have attained the skills and knowledge
otherwise needed to pass the high school exit examination.
(C) An individual score report for the pupil showing
that the pupil has received the equivalent of a passing score on the
high school exit examination while using a modification that
fundamentally alters what the high school exit examination measures
as determined by the state board.
(2) A school district shall report to the state board, in a manner
and by a date determined by the Superintendent, the number and
characteristics of waivers reviewed, granted, and denied under this
subdivision and any additional information determined to be in
furtherance of this subdivision.
(d) The high school exit examination shall be offered in each
public school and state special school that provides instruction in
grades 10, 11, or 12, on the dates designated by the Superintendent.
An exit examination may not be administered on any date other than
those designated by the Superintendent as examination days or makeup
days.
(e) The results of the high school exit examination shall be
provided to each pupil taking the examination within eight weeks of
the examination administration and in time for the pupil to take any
section of the examination not passed at the next administration. A
pupil shall take again only those parts of the examination he or she
has not previously passed and may not retake any portion of the exit
examination that he or she has previously passed.
(f) Supplemental instruction shall be provided to any pupil who
does not demonstrate sufficient progress toward passing the high
school exit examination. To the extent that school districts have
aligned their curriculum with the state academic content standards
adopted by the state board, the curriculum for supplemental
instruction shall reflect those standards and shall be designed to
assist the pupils to succeed on the high school exit examination.
This chapter does not require the provision of supplemental services
using resources that are not regularly available to a school or
school district, including summer school instruction
provided pursuant to Section 37252. instruction.
In no event shall any action taken as a result of this subdivision
cause or require reimbursement by the Commission on State Mandates.
Sufficient progress shall be determined on the basis of either of the
following:
(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33 and the minimum levels of proficiency recommended
by the state board pursuant to Section 60648.
(2) The grades of the pupil and other indicators of academic
achievement designated by the school district.
SEC. 108. Section 62002 of the
Education Code is repealed.
62002. If the Legislature does not enact legislation to continue
a program listed in this part, the funding of that program shall
continue for the general purposes of that program as specified in the
provisions relating to the establishment and operation of the
program. The funds shall be disbursed according to the identification
criteria and allocation formulas for the program in effect on the
date the program shall cease to be operative pursuant to this part
both with regard to state-to-district and district-to-school
disbursements. The funds shall be used for the intended purposes of
the program, but all relevant statutes and regulations adopted
thereto regarding the use of the funds shall not be operative, except
as specified in Section 62002.5.
SEC. 109. Section 62002.5 of the
Education Code is repealed.
62002.5. Parent advisory committees and school site councils
which are in existence pursuant to statutes or regulations as of
January 1, 1979, shall continue subsequent to the termination of
funding for the programs sunsetted by this chapter. Any school
receiving funds from Economic Impact Aid or Bilingual Education Aid
subsequent to the sunsetting of these programs as provided in this
chapter, shall establish a school site council in conformance with
the requirements in Section 52012. The functions and responsibilities
of such advisory committees and school site councils shall continue
as prescribed by the appropriate law or regulation in effect as of
January 1, 1979.
SEC. 110. Section 62003 of the
Education Code is repealed.
62003. The Department of Education shall apportion the funds
specified in Section 62002 to school districts and shall audit the
use of such funds to ensure that such funds are expended for eligible
pupils according to the purposes for which the legislation was
originally established for such programs.
SEC. 111. Section 62004 of the
Education Code is repealed.
62004. The State Auditor shall audit, on a sampling basis, school
districts' use of the funds specified in Section 62002.
SEC. 112. Section 62005 of the
Education Code is repealed.
62005. If the Superintendent of Public Instruction determines
that a school district did not comply with the provisions of this
chapter, any apportionment subsequently made pursuant to Section
62003 shall be reduced by two times the amount the superintendent
determines was not used in compliance with the provisions of this
chapter.
SEC. 113. Section 62005.5 of the
Education Code is repealed.
62005.5. Notwithstanding Section 62005, if the Superintendent of
Public Instruction determines that a school district or county
superintendent of schools fails to comply with the purposes of the
funds apportioned pursuant to Section 62003, the Superintendent of
Public Instruction may terminate the funding to that district or
county superintendent beginning with the next succeeding fiscal year.
SEC. 114. Section 63000 of the
Education Code is amended to read:
63000. The provisions of this chapter shall apply to funds
received for the following categorical programs:
(a) Child
63000. The provisions of this chapter shall apply
to funds received for child care and development
programs pursuant to Chapter 2 (commencing with Section 8200) of Part
6. 6 of Division 1 of Title 1.
(b) School and Library Improvement Block Grant pursuant to Article
7 (commencing with Section 41570) of Chapter 3.2 of Part 24.
(c) Bilingual education programs pursuant to Article 1 (commencing
with Section 52000) and Article 3 (commencing with Section 52160) of
Chapter 7 of Part 28.
(d) Economic Impact Aid programs pursuant to Chapter 1 (commencing
with Section 54000) of Part 29.
(e) The Miller-Unruh Basic Reading Act of 1965 pursuant to Chapter
2 (commencing with Section 54100) of Part 29.
(f) Compensatory education programs pursuant to Chapter 4
(commencing with Section 54400) of Part 29, except for programs for
migrant children pursuant to Article 3 (commencing with Section
54440) of Chapter 4 of Part 29.
SEC. 115. Section 63001 of the
Education Code is amended to read:
63001. Each A school
district that, in any a fiscal year,
receives any an apportionment for
any a program specified in Section
63000 shall utilize use no less than 85
percent of that apportionment at schoolsites for direct services to
pupils. To the extent a school district chooses to transfer,
pursuant to Section 41500, up to 15 percent of School and Library
Improvement Block Grant funds, apportioned pursuant to Article 7
(commencing with Section 45170) of Chapter 3.2 of Part 24, a school
district shall utilize no less than 85 percent of the amount
remaining after the transfer for direct services to pupils.
SEC. 116. Section 64000 of the
Education Code is amended to read:
64000. (a) The provisions of this part shall apply to
applications for funds under the following categorical programs:
(1) Bilingual education programs pursuant to Article 3 (commencing
with Section 52160) of Chapter 7 of Part 28.
(2) School-based coordinated categorical programs established
pursuant to Chapter 12 (commencing with Section 52800) of Part 28.
(3) Economic Impact Aid programs established pursuant to Chapter 1
(commencing with Section 54000) of Part 29.
(4) The Miller-Unruh Basic Reading Act of 1965 pursuant to Chapter
2 (commencing with Section 54100) of Part 29.
(5) Compensatory education programs established pursuant to
Chapter 4 (commencing with Section 54400) of Part 29, except for
programs for migrant children pursuant to Article 3 (commencing with
Section 54440) of Chapter 4 of Part 29.
(6)
(1) Programs providing assistance to disadvantaged
pupils under Section 6312 of Title 20 of the United States Code, and
programs providing assistance for neglected or delinquent pupils who
are at risk of dropping out of school, as funded by Section 6421 of
Title 20 of the United States Code.
(7) Capital expense funding, as provided by Title I of the
Improving America's Schools Act of 1994 (20 U.S.C. Sec. 1001 et
seq.).
(8) California Peer Assistance and Review Programs for Teachers
established pursuant to Article 4.5 (commencing with Section 44500)
of Chapter 3 of Part 25.
(9)
(2) Professional development programs established
pursuant to Section 6601 of Title 20 of the United States Code.
(10) Innovative Program Strategies Programs established pursuant
to Section 7303 of Title 20 of the United States Code.
(11) Programs established under the federal Class Size Reduction
Initiative (P.L. 106-554).
(12)
(3) Programs for tobacco use prevention funded by
Section 7115 of Title 20 of the United States Code.
(13) School safety and violence prevention programs, established
pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2
of Part 19.
(14)
(4) Safe and Drug Free Schools and Communities programs
established pursuant to Section 7113 of Title 20 of the United
States Code.
(b) Each school district that elects to apply for any of these
state funds shall submit to the department, for approval by the state
board, a single consolidated application for approval or continuance
of those state categorical programs subject to this part.
(c) Each
(b) A school district that elects
to apply for any of these federal funds may submit to the department
for approval, by the state board, a single consolidated application
for approval or continuance of those federal categorical programs
subject to this part.
SECTION 1. Section 1170.3 of the Penal Code, as
amended by Section 11 of Chapter 361 of the Statutes of 2011, is
amended to read:
1170.3. The Judicial Council shall seek to promote uniformity in
sentencing pursuant to Section 1170 by:
(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court's
decision to:
(1) Grant or deny probation.
(2) Impose the lower or upper prison term.
(3) Impose concurrent or consecutive sentences.
(4) Determine whether or not to impose an enhancement where that
determination is permitted by law.
(b) The adoption of rules standardizing the minimum content and
the sequential presentation of material in probation officer reports
submitted to the court.
(c) This section shall become operative on January 1, 2014.
