Bill Text: CA AB1476 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education finance.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2012-08-30 - Re-referred to Coms. on ED. and BUDGET pursuant to Assembly Rule 77.2. [AB1476 Detail]
Download: California-2011-AB1476-Amended.html
Bill Title: Education finance.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Engrossed - Dead) 2012-08-30 - Re-referred to Coms. on ED. and BUDGET pursuant to Assembly Rule 77.2. [AB1476 Detail]
Download: California-2011-AB1476-Amended.html
BILL NUMBER: AB 1476 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE JUNE 25, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend Sections 2558, 2558.46, 2571, 8208, 8235,
8236.1, 8238, 8238.4, 8239, 8263, 8263.1, 8335.4, 8335.5, 8335.7,
8447, 14041.7, 17173, 17180, 17183, 17193.5, 17199.1, 17199.3,
17199.4, 17230, 17458, 17464, 17489, 17592.71, 22138.5, 41203.1,
42238, 42238.146, 42238.15, 42621, 42622, 47633, 52055.770, 56471,
69432, 69432.7, 69433.5, 69436, and 69999.6 of, to amend, repeal, and
add Sections 1042, 14041, 14041.6, 41202, 47603, 76140, and 84321.6
of, to add Sections 8263.3, 17199.6, 41207.6, 41366.6, 42620.1, and
52055.780 to, to add and repeal Sections 17457.5 and 46201.4 of, and
to repeal Sections 8236.2, 8238.1, 8238.2, 8238.3, 8238.5, 8238.6,
41204.2, and 41204.3 of, 17193.5, 17199.4, 52055.780,
56520, 56523, 56525, and 69432.7 of, and to add Sections 56521.1,
56521.2, and 56522 to, the Education Code, to amend
Sections 7906, 53850, 53853, and 65995.7 of, and to add Sections
17581.6 and 17581.7 to, Section 17581.6 of the
Government Code, and to amend Items
6110-108-0001, 6110-161-0001, 6110-166-0001, 6110-204-0001,
6110-227-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001,
6110-485 and 6110-488 , and 6870-101-0001
of Section 2.00 of the Budget Act of 2011 (Chapter 33 of
the Statutes of 2011), and to add Item 6440-301-6048 to Section
2.00 of the Budget Act of 2012 (Chapter 21 of the Statutes
of 2012), relating to education finance, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1476, as amended, Committee on Budget. Education finance.
(1) Existing law authorizes a public credit provider, as defined,
to require a participating party, with regard to providing credit
enhancement for bonds, notes, certificates of participation, or other
evidences of indebtedness of a participating party, to agree to
specified conditions, including allowing the Controller to allocate
specified school district, county office of education, or charter
school apportionments to public credit providers if the public credit
provider is required to make principal or interest payments, or
both, pursuant to the credit enhancement agreement. Existing law
imposes those same conditions on securing financing or refinancing
for projects or working capital from the California School Finance
Authority, in which case the Controller allocates apportionments to
an identified trustee when a participating party will not make a
payment to the authority at the time the payment is required.
This bill would authorize these payments to a public credit
provider or a trustee, as applicable, to be made from specified funds
if the Schools and Local Public Safety Protection Act of 2012
(Attorney General reference number 12-0009) is approved by the voters
at the November 6, 2012, statewide general election.
(2) The Quality Education Investment Act of 2006 effectuates the
intent of the Legislature to implement the terms of the proposed
settlement agreement of a specified legal action, to provide for the
discharge of the minimum state educational funding requirement, and
to improve the quality of academic instruction and the level of pupil
achievement in schools whose pupils have high levels of poverty and
complex educational needs, among other things. A provision of the act
appropriates $218,322,000 from the General Fund for the 2013-14
fiscal year, of which $170,322,000 is for transfer by the Controller
to Section A of the State School Fund for allocation by the
Superintendent of Public Instruction pursuant to the act.
This bill would instead require, for the 2013-14 fiscal year, that
$361,000,000 be appropriated from the General Fund, of which
$313,000,000 would be for transfer by the Controller to Section A of
the State School Fund for allocation by the Superintendent of Public
Instruction pursuant to the act.
(3) Existing regulations of the State Department of Education,
among other things, prohibit the authorization, order, consent to, or
payment for specified interventions, or interventions similar to the
prohibited interventions and require nonpublic schools and agencies
to develop policies consistent with regulations related to emergency
interventions. Existing department regulations also provide that
emergency interventions, among other things, may be used only to
control unpredictable, spontaneous behavior which poses a clear and
present danger of serious physical harm to the individual or others,
require that emergency interventions be employed for no longer than
necessary to contain the behavior, and prohibit emergency
interventions from including specified interventions. Existing
regulations of the United States Department of Education require the
individualized education program (IEP) team to consider the use of
positive behavioral interventions and supports to address the
behavior of a child whose behavior impedes his or her learning and
the learning of others. Existing regulations of the United States
Department of Education provide the procedures for evaluations
related to behavioral needs.
This bill would codify a portion of those federal regulations
related to emergency interventions and prohibited interventions
consistent with certain requirements. The bill generally would codify
the portion of the federal regulations that require the IEP team to
consider the use of positive behavioral interventions and supports to
address the behavior of an individual whose behavior impedes his or
her learning and the learning of others, thereby imposing a
state-mandated local program, and require the Superintendent of
Public Instruction to issue nonmandatory program guidelines regarding
the systematic use of behavioral interventions, and provide related
training, as specified.
(4) Existing law requires the Superintendent of Public Instruction
to develop and the State Board of Education to adopt regulations
governing the use of behavioral interventions with individuals with
exceptional needs receiving special education and related services.
This bill would require the state board to repeal those
regulations.
(5) Existing law provides a person recognized by the national
Behavior Analyst Certification Board as a Board Certified Behavior
Analyst qualifies as a behavioral intervention case manager of a
school district, special education local plan area, or county office
of education and may conduct behavior assessments and provide
behavioral intervention services for individuals with exceptional
needs. Existing law provides that a school district, special
education local plan area, or county office of education is not
required to use a Board Certified Behavior Analyst as a behavioral
intervention case manager.
This bill would instead provide that a person recognized by the
national Behavior Analyst Certification Board as a Board Certified
Behavior Analyst may conduct behavior assessments and provide
behavioral intervention services for individuals with exceptional
needs. The bill would provide that a school district, special
education local plan area, or county office of education is not
required to use a Board Certified Behavior Analyst to conduct
behavior assessments and provide behavioral intervention services for
individuals with exceptional needs.
(6) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program (Cal Grant Program), establishes the Cal Grant A and B
Entitlement awards, the California Community College Transfer
Entitlement awards, the Competitive Cal Grant A and B awards, the Cal
Grant C awards, and the Cal Grant T awards under the administration
of the Student Aid Commission (commission), and establishes
eligibility requirements for awards under these programs for
participating students attending qualifying institutions, as defined.
Existing law requires the commission to certify by October 1 of
each year a qualifying institution's latest 3-year cohort default
rate as most recently reported by the United States Department of
Education. Existing law provides that, for purposes of the 2012-13
academic year, and every academic year thereafter, an otherwise
qualifying institution with a 3-year cohort default rate that is
equal to or greater than 15.5% is ineligible for initial and renewal
Cal Grant awards at the institution. Existing law also requires that
an otherwise qualifying institution is ineligible for an initial or
renewal Cal Grant award at the institution if the institution has a
graduation rate of 30% or less for students taking 150% or less of
the expected time to complete degree requirements, as specified, with
certain exceptions. Existing law also requires that an otherwise
qualifying institution that becomes ineligible under these provisions
for initial and renewal Cal Grant awards may regain its eligibility
for the academic year following an academic year in which it
satisfies the requirements relating to the cohort default rate and
the graduation rate.
This bill would instead require that an otherwise qualifying
institution that becomes ineligible under these provisions for
initial and renewal Cal Grant awards shall regain its eligibility in
the academic year in which it satisfies these requirements.
(7) Under the California Constitution, whenever the Legislature or
a state agency mandates a new program or higher level of service on
any local government, including a school district and a community
college district, the state is required to provide a subvention of
funds to reimburse the local government, with specified exceptions.
Existing law, commencing with the 2012-13 fiscal year, requires that
certain funds appropriated in the annual Budget Act for reimbursement
of the cost of a new program or increased level of service of an
existing program mandated by statute or executive order be available
as a block grant to school districts, charter schools, and county
offices of education to support specified state-mandated local
programs and permits those entities to elect to receive that block
grant funding in lieu of claiming mandated costs pursuant to the
state claims procedure.
This bill would add specified state-mandated local programs to the
set of programs for which a school district, charter school, or
county office of education may elect to receive a block grant,
including, among others, the inter district attendance permits
program.
(8) The Budget Act of 2011 made numerous appropriations for the
support of public education in this state.
Existing law establishes the Proposition 98 Reversion Account in
the General Fund, and requires that the Legislature, from time to
time, transfer into this account moneys previously appropriated in
satisfaction of the constitutional minimum funding requirements that
have not been disbursed or otherwise encumbered for the purposes for
which they were appropriated. The Budget Act of 2011 reappropriated
$6,824,000 from the Proposition 98 Reversion Account, of which
$6,594,000 was for allocation by the Superintendent of Public
Instruction for apportionment for special education programs, as
specified.
This bill would reappropriate an additional $10,335,000 from the
Proposition 98 Reversion Account for allocation by the Superintendent
to support special education, as specified.
(9) The Budget Act of 2011, as amended, reappropriated
$220,137,000 from the General Fund to the State Department of
Education for apportionment for special education programs.
This bill would reduce this reappropriation to the department for
those purposes by $10,335,000 to $209,802,000.
(10) Existing law establishes the 2006 University Capital Outlay
Bond Fund in the State Treasury for deposit of funds from the
proceeds of bonds issued and sold for the purpose of providing funds
to aid the University of California, the Hastings College of the Law,
and the California State University.
This bill would amend the Budget Act of 2012 by appropriating
$4,750,000 from the 2006 University Capital Outlay Bond Fund to the
University of California for the purpose of funding preliminary plans
and working drawings for the Classroom and Academic Office Building
at the Merced campus. The bill would require that contractors and
subcontractors of the University of California be required to pay
prevailing wages, as specified, as a condition of the availability of
these funds. The bill would also authorize the use of the 2006 bond
funds remaining at the end of capital outlay projects for specified
purposes.
(11) The Budget Act of 2012 appropriated $2,053,750,000 for the
support of the University of California.
This bill would require the University of California, as a
condition of receipt of those funds, to report to the Legislature by
May 1, 2013, on whether it has met an enrollment goal for the 2012-13
academic year.
(12) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(13) This bill would appropriate $230,000 from federal Individuals
with Disabilities Education Act carryover funds to the State
Department of Education to, among other things, provide oversight of,
and technical assistance and monitoring to, local educational
agencies regarding changes to the requirements related to the
identification and provision of behavior intervention services made
pursuant to this act.
(14) Funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
(15) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
(1) Existing law authorizes a county superintendent of schools,
with the approval of the county board of education, to temporarily
transfer moneys to a school district under specified circumstances.
The Charter Schools Act of 1992 authorizes any one or more persons
to submit a petition to the governing board of a school district to
establish a charter school that operates independently from the
existing school district structure as a method of accomplishing
specified goals.
This bill, until July 1, 2017, would authorize a county board of
education, subject to the concurrence of the county superintendent of
schools, to loan moneys from the proceeds of revenue anticipation
notes to a charter school for which the county board of education or
the county superintendent of schools has a supervisory responsibility
or, regardless of whether the charter school is within or outside of
the county, with which a county board of education or county
superintendent of schools has a contractual relationship. The bill
would require the county superintendent of schools, before the county
board of education makes the loan, to take specified actions
regarding the advisability of the loan. The bill would provide that
any loan of moneys pursuant to these provisions would not constitute
a debt or liability of the county superintendent of schools, the
county board of education, or the State of California. The bill would
prohibit a charter school from receiving more than one of these
loans per fiscal year.
The bill would require the county board of education, as a
condition of making a loan to a charter school, to report to the
State Department of Education by September 15 of each year specified
information on loans made to charter schools within the prior fiscal
year, and would require the department to compile that information
into one report to be submitted by December 1 of each year to the
appropriate policy and fiscal committees of the Legislature, the
Department of Finance, and the Legislative Analyst's Office.
(2) Existing law requires the Superintendent of Public Instruction
to apportion state aid to county superintendents of schools in
accordance with prescribed calculations.
This bill would revise the calculations by subtracting amounts
received separately relating to the Redevelopment Property Tax Trust
Fund and a proposed constitutional provision relating to education
funding.
(3) Existing law requires a revenue limit to be calculated for
each county superintendent of schools, adjusted for various factors,
and reduced, as specified. Existing law reduces the revenue limit for
each county superintendent of schools for the 2011-12 fiscal year by
a deficit factor of 20.691%.
This bill would set the deficit factor for each county
superintendent of schools for the 2012-13 fiscal year at 22.549%.
(4) Existing law requires the Superintendent to make specified
computations relating to the allocation of property tax revenues for
each county superintendent of schools.
This bill would revise these computations to include as property
tax revenues those received by a county superintendent of schools
relating to the Redevelopment Property Tax Trust Fund.
(5) Existing law requires the Superintendent to administer all
California state preschool programs, including, but not limited to,
part-day and full-day age and developmentally appropriate programs
for 3- and 4-year-old children. Existing law defines 3- and
4-year-old children for these purposes as children who will have
their 3rd or 4th birthday, respectively, on or before December 2 of
the fiscal year in which they are enrolled in a California state
preschool program.
This bill would instead provide that the state preschool programs
shall include, but not be limited to, part-day age and
developmentally appropriate programs designed to facilitate the
transition to kindergarten for 3- and 4-year-old children. The bill
would instead define 3- and 4-year-old children as children who will
have their 3rd or 4th birthday, respectively, on or before November 1
for the 2012-13 fiscal year, October 1 for the 2013-14 fiscal year,
and September 1 for the 2014-15 fiscal year and each fiscal year
thereafter. The bill would, among other things, make conforming
changes relating to the deletion of references to full-day preschool
programs.
(6) Existing law requires the State Department of Education to
annually report to the Department of Finance and the Legislature a
statewide summary identifying, among other things, the number of
preschool age children receiving part-time and full-time development
services.
This bill would instead require the department to annually report
to the Department of Finance and the Legislature a statewide summary
identifying, among other things, the number of preschool age children
receiving part-day preschool and wraparound child care services, as
defined.
(7) Existing law requires child development and preschool
programs, as a condition of receipt of specified funds appropriated
in the Budget Act of 2006, to include, but not be limited to, age and
developmentally appropriate activities for children that are
designed to facilitate their transition to kindergarten, and
opportunities for parents and legal guardians to work with their
children on interactive literacy activities, as defined.
This bill would instead require a participating part-day preschool
program, as a condition of receipt of funds being provided for in
the annual Budget Act or other statute, to coordinate the provision
of (A) opportunities for parents and legal guardians to work with
their children on interactive literacy activities, as defined, (B)
specified parenting education, (C) referrals, as necessary, to
providers of instruction in adult education and English as a second
language in order to improve the academic skills of parents of
children in participating classrooms, and (D) specified staff
development.
(8) Existing law requires child development and preschool
programs, as a condition of receipt of specified funds appropriated
in the Budget Act of 2006, to coordinate the provision of specified
parenting education, and referrals, as necessary, to providers of
instruction in adult education and English as a second language in
order to improve the academic skills of parents of children in
participating classrooms.
This bill would repeal that provision, which is recodified in
regard to part-day preschool programs as described in (7).
(9) Existing law authorizes a local educational agency or a
participating program on behalf of one or more participating programs
to select a family literacy and education coordinator whose duties
may include specified activities.
This bill would repeal that provision.
(10) Existing law requires child development and preschool
programs, as a condition of receipt of specified funds appropriated
in the Budget Act of 2006, to provide specified staff development for
teachers in participating classrooms.
This bill would repeal that provision, as its provisions are
recodified.
(11) Existing law establishes a schedule for the expenditure, by
the Superintendent, of prescribed funds appropriated pursuant to the
Budget Act of 2006 for child development and preschool programs.
This bill would instead require a family literacy supplemental
grant to be made available and distributed to California state
preschool classrooms, as determined by the Superintendent, at a rate
of $2,500 per class. The bill would, among other things, assign first
priority to California state preschool programs that contract to
receive this funding before July 1, 2012. The bill would require
family literacy supplemental grants to be used for specified
purposes. The bill would also provide that implementation of the
family literacy supplemental grant program is contingent upon funding
being provided for the program in the annual Budget Act or other
statute.
(12) Existing law requires, subject to the availability of
specified funds, the Superintendent to conduct a specified evaluation
of the effectiveness of prekindergarten and family literacy programs
established pursuant to specified provisions of law.
This bill would repeal that provision.
(13) Existing law authorizes the use of up to $5,000,000 of
specified funds appropriated in the Budget Act of 2005 by the
Superintendent to provide direct child care services for children in
participating classrooms to meet the child care needs of parents for
the portion of each day that is not covered by services provided as
part of a specified preschool program.
This bill would repeal that provision.
(14) Existing law requires the Superintendent to encourage state
preschool program applicants or contracting agencies to offer
full-day services through a combination of part-day preschool slots
and part-day general child care and development programs. Existing
law provides specified requirements in order to facilitate a full day
of services and requires a child who is enrolled in a preschool
program to meet specified eligibility requirements in order to be
eligible for part-day child care.
This bill would instead require the Superintendent to encourage
state preschool program applicants or contracting agencies to offer
full-day services through a combination of part-day preschool slots
and wraparound general child care and development programs, as
defined. The bill would also require fees to be assessed and
collected for families with children in part-day preschool programs,
families receiving wraparound child care services, as defined, or
both.
(15) Existing law requires the Superintendent to establish a fee
schedule for families using child care and development services
pursuant to the Child Care and Development Services Act. Existing law
requires that the family fee schedule prohibit the assessment of
fees on families whose children are enrolled in the state preschool
program.
This bill would remove this prohibition, thereby allowing the
family fee schedule to include the assessment of fees on families
whose children are enrolled in the state preschool program.
(16) Existing law provides for income eligibility standards for
families to receive child care and development services. Existing law
provides that "income eligible," for the purposes of the Child Care
and Development Services Act, means that a family's adjusted monthly
income is at or below 70% of the state median income, adjusted for
family size, and adjusted annually. Notwithstanding this provision,
existing law provides that, for the 2011-12 fiscal year, the income
eligibility limits that were in effect for the 2007-08 fiscal year
are reduced to 70% of the state median income that was in use for the
2007-08 fiscal year, adjusted for family size.
This bill would
provide that, notwithstanding these provisions, for the 2012-13
fiscal year, the income eligibility limits are to be 70% of the state
median income that was in use for the 2007-08 fiscal year, adjusted
for family size.
(17) Existing law requires the State Department of Education,
effective July 1, 2011, to reduce the maximum reimbursable amounts of
the contracts for the Preschool Education Program, the General Child
Care Program, the Migrant Day Care Program, the Alternative Payment
Program, the CalWORKs Stage 3 Program, and the Allowance for
Handicapped Program by 11% or by whatever proportion is necessary to
ensure that the expenditures for these programs do not exceed the
amounts appropriated for them. Existing law requires, effective July
1, 2011, families to be disenrolled from subsidized child care
services in a specified order that requires, among other things,
families whose income exceeds 70% of the state median income adjusted
for family size to be disenrolled first, except as specified, and
families with the highest income below 70% of the state median
income, in relation to family size, to be disenrolled second.
This bill would require the department, effective July 1, 2012, to
reduce the maximum reimbursable amounts of the contracts for the
General Child Care Program, the Migrant Day Care Program, the
Alternative Payment Program, the CalWORKs Stage 3 Program, and the
Allowance for Handicapped Program by an additional 8.7% or whatever
proportion is necessary to ensure these expenditures do not exceed
the applicable appropriations. The bill would also require, effective
July 1, 2012, families to be disenrolled in a different specified
order that requires, among other things, families with the highest
income in relation to family size to be disenrolled first and
families that have the same income and have been enrolled in child
care services the longest to be disenrolled second.
(18) Existing law authorizes the City and County of San Francisco,
until July 1, 2013, and as a pilot project, to develop and implement
an individualized county child care subsidy plan, requires the city
and county, on or before June 30, 2013, to submit a final report to
the Legislature and other specified entities that summarizes the
impact of the plan, requires the city and county to phase out the
plan and implement the state's requirements for child care subsidies
as of July 1, 2015, and provides for the repeal of those provisions
on January 1, 2016.
This bill would instead authorize the City and County of San
Francisco to implement the individualized county child care subsidy
plan until July 1, 2014, require the city and county to phase out the
plan and implement the state's requirements for child care subsidies
as of July 1, 2016, require the city and county to submit the final
report on or before June 30, 2014, and would repeal those provisions
on January 1, 2017.
(19) Existing law requires that the cost of state-funded child
care services be governed by regional market rates, and establishes a
family fee schedule reflecting specified income eligibility limits.
Existing law revises the family fee schedule that was in effect for
the 2007-08, 2008-09, 2009-10, and 2010-11 fiscal years to be
adjusted to reflect specified income eligibility limits.
This bill would require that the family fee schedule that was in
effect for the 2011-12 fiscal year remain in effect for the 2012-13
fiscal year.
(20) Existing law requires the Controller to draw warrants on the
State Treasury in each month of each year in specified amounts for
principal apportionments for purposes of funding school districts,
county superintendents of schools, and community college districts.
Existing law defers the drawing of those warrants, as specified.
This bill would require the Superintendent to reduce the warrants
for the 2012-13 fiscal year by certain amounts as an offset for
school district and county office of education apportionments made
pursuant to specified provisions. The bill also would require the
Superintendent to delay the 2nd principal apportionment from July 2,
2013, to July 15, 2013, to account for all revenues remitted to
school districts and county offices of education pursuant to a
proposed constitutional provision relating to education funding. The
bill would require the Superintendent to reduce the June warrants for
the 2012-13 fiscal year for any amounts received pursuant to
specified provisions related to the dissolution of redevelopment
agencies. The bill, commencing with the 2012-13 fiscal year, would
defer additional specified amounts of the warrants for school
districts and county superintendents of schools from February, April,
and May 2013, to July 2013, and from March 2013 and an additional
amount from April 2013 to August 2013. The bill would make these
provisions inoperative on December 15, 2012, if the Schools and Local
Public Safety Protection Act of 2012 (Attorney General reference
number 12-0009) is not approved by the voters at the November 6,
2012, statewide general election, or if the provisions of that act
that modify personal income tax rates do not become operative due to
a conflict with another initiative measure that is approved at the
same election and receives a greater number of affirmative votes. If
either of these conditions occurs, the bill would require, as of
December 15, 2012, for the 2012-13 fiscal year only, the
Superintendent, instead of the actions described in the paragraph
above, to reduce the June warrants by certain amounts received by
school districts and county offices of education due to the
dissolution of redevelopment agencies and also would offset the
revenue limit funding received by school districts and county offices
of education by those amounts. If the provisions described in this
paragraph do not become operative, they would be repealed on January
1, 2013.
(21) Existing law requires the Controller to draw warrants on the
State Treasury in each month of each year in specified amounts for
purposes of funding school districts, county superintendents of
schools, and community college districts. Existing law defers the
drawing of those warrants, as specified. Existing law allows up to
$100,000,000 of the amount of the warrants for the principal
apportionments for June that are deferred until July to be drawn
instead in June for a charter school or school district if specified
criteria are met, including, in the case of a charter school, that
the chartering authority, in consultation with the county
superintendent of schools, certifies to the Superintendent of Public
Instruction and the Director of Finance that the charter school will
be unable to meet its financial obligations for June.
This bill would require the certification to be made by the
governing body of the charter school instead of the chartering
authority, and would require a charter school submitting that
certification to provide its chartering authority with a copy of the
certification, thereby imposing a state-mandated local program.
(22) Existing law establishes the California School Finance
Authority, and authorizes the authority to issue revenue bonds to
finance a single or series of projects or financing of working
capital for a single or several participating parties, defined as a
school district, charter school, county office of education, or
community college district that undertakes the financing or
refinancing of a project or of working capital, or a joint venture
school facilities construction project.
This bill would authorize the authority to issue revenue bonds to
refinance those projects and would revise the definition of
"participating party."
(23) Existing law limits the amount a participating party may
borrow from the California School Finance Authority to 85% of the
estimated amount of funds to be received by the participating party
which will be available in the fiscal year of the borrowing.
This bill would limit the amount a charter school may borrow to
85% of the estimated amount of funds to be received by the charter
school which will be available during the term of the loan.
(24) Existing law authorizes a public credit provider, as defined,
to require a participating party, with regard to providing credit
enhancement for bonds, notes, certificates of participation, or other
evidences of indebtedness of a participating party, to agree to
specified conditions, including allowing the Controller to allocate
specified school district, county office of education, or charter
school apportionments to public credit providers if the public credit
provider is required to make principal or interest payments, or
both, pursuant to the credit enhancement agreement. Existing law
imposes those same conditions on securing financing or refinancing
for projects or working capital from the California School Finance
Authority, in which case the Controller allocates apportionments when
a participating party will not make a payment to the authority at
the time the payment is required.
This bill would authorize the Controller, in the case of a credit
enhancement agreement between a charter school and a public credit
provider and in the case of financing secured from the authority, to
allocate apportionments designated for charter school categorical
block grants.
(25) Existing law authorizes the California School Finance
Authority to assign and distribute the state's 2010 federal tax
credit bond volume cap for qualified school construction bonds to or
for the benefit of charter schools, or to be further assigned and
distributed to one or more issuers in the state for the benefit of
charter schools, as determined by the authority. Existing law assigns
to the authority $68,406,000 of the state's 2010 federal tax credit
bond volume cap for qualified school construction bonds, to be issued
for the benefit of charter schools, or to be further assigned and
distributed to one or more issuers in the state for the benefit of
charter schools, as the authority determines.
This bill would delegate to the authority exclusive control over
the use and allocation of the volume cap for qualified school
construction bonds and would authorize the authority to use, by
resolution, the volume cap for obligations issued by the authority or
to allocate the volume cap to any party.
(25.1) Existing law authorizes the governing board of any school
district to sell or lease any real property, together with any
personal property located on the real property, belonging to the
school district which is not or will not be needed by the school
district for school classroom buildings at the time of delivery of
title or possession.
This bill would require the governing board of a school district
seeking to sell or lease real property designed to provide direct
instruction or instructional support it deems to be surplus property
to first provide a written offer for the sale or lease of the surplus
property of the school district to any charter school that has
submitted a written request to the school district to be notified of
surplus real property offered by the school district for sale or
lease. The bill would require any real property sold or leased to a
charter school to be used exclusively to provide direct instruction
or instructional support for no less than 5 years from the date the
real property is available to the charter school pursuant to a sale,
or, if the charter school leased the real property, until the real
property is returned to the possession of the school district.
The bill would require the price at which the real property is
sold to a charter school to not exceed the school district's cost of
acquisition, adjusted as specified. The bill would require the annual
rate of real property leased to a charter school not to exceed 5% of
the maximum sale price. The bill would require the school district
advisory committee to hold hearings to receive community input before
selling or leasing real property to a charter school. The bill would
require these provisions to only apply to real property identified
by a school district as surplus property after July 1, 2012.
The bill would make this provision inoperative on June 30, 2013,
and would repeal it as of January 1, 2014.
(25.3) Existing law authorizes the governing board of a school
district to sell, for less than fair market value, any schoolsite
that is deemed to be surplus property of the school district to any
park district, city, or county in which the school district is wholly
or partially situated for specified uses if the governing board of
the school district adopts a resolution specifying that it will sell
or transfer the property for less than fair market value to those
entities.
This bill would instead authorize the governing board of a school
district to sell the surplus property to those entities only if a
charter school has not accepted an offer to purchase or lease the
property, as described in (25.1).
(25.5) Existing law authorizes a governing board of a school
district seeking to sell or lease any real property it deems to be
surplus property to first offer that property for sale or lease to
any contracting agency, as defined, that provides child care and
development services and pursuant to specified conditions.
This bill would instead authorize a governing board of a school
district seeking to sell or lease that real property to a contracting
agency, only if a charter school has not accepted an offer to
purchase or lease the property, as described in (25.1).
(25.7) Existing law requires the sale or lease with an option to
purchase of real property by a school district to be made in
accordance with specified priorities and procedures, including, among
other things, requiring the property to first be offered for park or
recreational purposes.
This bill would instead require the sale or lease with an option
to purchase of real property to first be offered for sale or lease to
any interested charter school for purposes of providing direct
instruction or instructional support, as described in (25.1).
(25.9) Existing law requires the governing board of a school
district, before selling or leasing any schoolsite containing
specified land, to first offer to sell or lease that portion of the
schoolsite containing the land to certain public agencies in
accordance with particular priorities, including, among other things,
offering to sell or lease the specified land to any city within
which the land may be situated.
This bill would instead require the governing board of a school
district to only sell or lease any schoolsite containing specified
land, as described above, if a charter school has not accepted an
offer to purchase or lease the schoolsite, as described in (25.1).
(26) Existing law establishes the School Facilities Emergency
Repair Account in the State Treasury, and requires the State
Allocation Board to administer the account. Existing law establishes
the Proposition 98 Reversion Account in the General Fund, and
requires that the Legislature, from time to time, transfer into this
account moneys previously appropriated in satisfaction of the
constitutional minimum funding requirements that have not been
disbursed or otherwise encumbered for the purposes for which they
were appropriated. Existing law generally requires an amount,
equaling 50% of the unappropriated balance of the Proposition 98
Reversion Account or $100,000,000, whichever is greater, to be
transferred in the annual Budget Act from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account.
However, the amount to be transferred under this provision was set at
0 for the 2009-10, 2010-11, and 2011-12 fiscal years.
This bill would set the amount to be transferred under this
provision from the Proposition 98 Reversion Account to the School
Facilities Emergency Repair Account at 0 for the 2012-13 fiscal year.
(27) The Teachers' Retirement Law, which is administered by the
Teachers' Retirement Board, prescribes a comprehensive system of
rights and benefits for its members, including disability benefits,
retirement benefits, and death benefits. That law specifies the days
or hours of creditable service that equal "full time" for the purpose
of calculating benefits under the Defined Benefit Program, with a
minimum standard applied, as specified.
This bill would provide that, if a school district, county office
of education, or charter school reduces the number of days of
instruction pursuant to a specified provision for the 2012-13 or
2013-14 fiscal years, the minimum standard for full time would be
reduced to the number of days of instruction provided by that school
district, county office of education, or charter school and the
number of hours of instruction equal to the number of days of
instruction times 6, as specified.
(28) The California Constitution requires the state to comply with
a minimum funding obligation each fiscal year with respect to the
support of school districts and community college districts. Existing
statutory law specifies that appropriations made to service public
debt approved by the voters of the state do not apply toward the
constitutional minimum funding obligation for school districts and
community college districts.
This bill would include funds appropriated for the Early Start
Program and any appropriation made to service general obligation bond
debt on behalf of school districts, county offices of education,
charter schools, and community college districts in funding that
applies toward the constitutional minimum funding obligation for
school districts and community college districts. This provision
would not become operative until December 15, 2012, and would only
become operative if the Schools and Local Public Safety Protection
Act of 2012 (Attorney General reference number 12-0009) is not
approved by the voters at the November 6, 2012, statewide general
election, or if the provisions of that act that modify personal
income tax rates do not become operative due to a conflict with
another initiative measure that is approved at the same election and
receives a greater number of affirmative votes. If this provision
does not become operative, it would be repealed on January 1, 2013.
(29) Existing law requires, for the 1990-91 fiscal year and each
fiscal year thereafter, that moneys to be applied by the state for
the support of school districts, community college districts, and
direct elementary and secondary level instructional services provided
by the state be distributed in accordance with certain calculations
governing the proration of those moneys among the 3 segments of
public education. Existing law makes that provision inapplicable to
the fiscal years between 1992-93 and 2011-12, inclusive.
This bill would make that provision inapplicable to the 2012-13
fiscal year.
(30) Existing law requires the Director of Finance to make a
specified adjustment in the percentage of General Fund revenues
appropriated for school districts and community college districts for
purposes of the provisions of the California Constitution requiring
minimum funding for the public schools. This adjustment is related to
the implementation of provisions related to the implementation of
specified taxes imposed on gasoline and diesel.
This bill would delete the provision requiring the specified
adjustment.
(31) Existing law prescribes the percentage of General Fund
revenues appropriated for school districts and community college
districts for purposes of the provisions of the California
Constitution requiring minimum funding for the public schools.
Existing law requires the Director of Finance to adjust that
percentage in a specified manner for purposes of the 2011-12 fiscal
year with respect to the shift to school districts and community
college districts of local property tax revenues in connection with
the dissolution of redevelopment agencies.
This bill would delete this provision.
(32) Under existing law, the California Constitution requires the
state to comply with a minimum funding obligation each fiscal year
with respect to the support of school districts and community college
districts.
This bill would require, if the moneys applied by the state for
the support of school districts and community college districts for
the 2011-12 fiscal year exceed the minimum funding required by the
California Constitution, that the excess, up to a certain amount, be
deemed a payment of a specified fiscal settlement relating to the
minimum school funding obligation, as described, for the 2004-05 and
2005-06 fiscal years.
(33) Existing law creates the Charter School Security Fund in the
State Treasury, and requires moneys in the fund to be available for
deposit into the Charter School Revolving Loan Fund in case of
default on any loan made from the Charter School Revolving Loan Fund.
This bill would require the State Department of Education to
monitor the adequacy of the amount of funds in the Charter School
Revolving Loan Fund and report annually, as specified, to the
Department of Finance and the Controller on the need, if any, to
transfer funds from the Charter School Security Fund to the Charter
School Revolving Loan Fund to replace funds lost due to loan defaults
and would provide for such a transfer to be made, as specified.
(34) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county
pursuant to a specified formula based on the base revenue limit of
the school district for the prior year, adjusted for inflation, and
the average daily attendance for the entire school district.
This bill would require the calculations of the base revenue limit
for each school district to be reduced by amounts relating to the
Redevelopment Property Tax Trust Fund and a proposed constitutional
provision relating to education funding.
(35) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county and
requires the amount of the revenue limit to be adjusted for various
factors. Existing law reduces the revenue limit for each school
district for the 2011-12 fiscal year by a deficit factor of 20.404%.
This bill would provide that the deficit factor for each school
district for the 2012-13 fiscal year would be 22.272%.
(36) Existing law provides that, in lieu of any inflation or
cost-of-living adjustment, state funding for specified educational
programs is increased in accordance with a prescribed formula.
This bill would provide that child care and development programs
would not receive a cost-of-living adjustment in the 2012-13,
2013-14, and 2014-15 fiscal years.
(37) Existing law requires the board of supervisors of a county or
city and county to order, and the auditor and treasurer of the
county or city and county to make, a temporary transfer from funds of
the county or city and county not immediately needed to pay
claims against them to the school
fund of a school district or county school service fund of the amount
needed whenever, prior to the receipt by a school district or county
school service fund of its state, county, city and county, or
district funds, the school district or county school service fund of
the county or city and county does not have sufficient money to its
credit to meet current expenses of maintenance.
This bill would authorize a charter school, after all transfer
requests for school districts and county offices of education have
been satisfied and in circumstances identical to those of a school
district or county school service fund, to receive this type of
transfer of funds.
(38) Existing law authorizes a county superintendent of schools,
with the approval of the county board of education, to make a
temporary transfer from the county school service fund to a school
district that does not have sufficient money to its credit to meet
current operating expenses.
This bill would authorize a charter school in circumstances
identical to those of a school district to receive this type of
transfer of funds.
(39) Existing law authorizes a county superintendent of schools,
with the approval of the county board of education, to make an
apportionment to a school district from the county school service
fund conditional on the repayment of the apportionment and to
transfer that amount from the general fund of the school district to
the county school service fund during the next succeeding fiscal
year.
This bill would authorize a charter school in circumstances
identical to those of a school district to receive this type of
apportionment.
(40) Existing law sets forth the minimum number of instructional
days and minutes school districts, county offices of education, and
charter schools are required to offer and allows a school district,
county office of education, and charter school to reduce the
equivalent of up to 5 days of instruction or the equivalent number of
instructional minutes per school year through the 2014-15 school
year.
If the Schools and Local Public Safety Protection Act of 2012
(Attorney General reference number 12-0009) is not approved by the
voters at the November 6, 2012, statewide general election, or if the
provisions of that act that modify personal income tax rates do not
become operative due to a conflict with another initiative measure
that is approved at the same election and receives a greater number
of affirmative votes, commencing December 15, 2012, this bill, for
the 2012-13 and 2013-14 school years, would allow a school district,
county office of education, or charter school to provide an
instructional year of not less than 160 days or the equivalent number
of instructional minutes. The bill would require implementation of
this reduction by a school district, county office of education, or
charter school that is subject to collective bargaining to be
achieved through the bargaining process. This authority would become
inoperative on July 1, 2015, and would be repealed on January 1,
2016. The bill, if that measure is not approved by the voters or does
not become operative due to the conflict discussed above, for the
2012-13 fiscal year, would reduce the amount of revenue limit funding
received by each school district, county office of education, and
charter school by a combined total of $2,740,377,000 and would
require the Superintendent to adjust the amount of categorical
funding allocated to basic aid school districts, as defined, in the
2012-13 fiscal year to achieve the reduction in the amount of revenue
limit funding.
(41) Existing law states that the law governing charter schools
does not prohibit a private person or organization from providing
funding or other assistance to the establishment or operation of a
charter school.
This bill, until July 1, 2017, would authorize a charter school to
contract with a county superintendent of schools or a county board
of education for purposes of borrowing moneys, as described above.
The bill would require the borrowed moneys to be expended by a
charter school solely for purposes of meeting the cash management
needs of the charter school due to the deferral of apportionment
payments and not for purposes of making capital acquisitions.
(42) Existing law requires the Superintendent to annually compute
a general-purpose entitlement, funded from a combination of state aid
and local funds, for each charter school, as specified.
This bill would require the computation of the general-purpose
entitlement to be reduced by any amount derived from a proposed
constitutional provision relating to education funding.
(43) The existing Quality Education Investment Act of 2006
effectuates the intent of the Legislature to implement the terms of
the proposed settlement agreement of a specified legal action, to
provide for the discharge of the minimum state educational funding
requirement, to improve the quality of academic instruction and the
level of pupil achievement in schools whose pupils have high levels
of poverty and complex educational needs, to develop exemplary school
district and school practices to create working conditions to
attract and retain well qualified teachers and administrators, and to
focus school resources solely on instructional improvement and pupil
services. The act requires, among other things, $450,000,000 per
fiscal year to be appropriated from the General Fund for specified
purposes for each of the 2008-09, and 2011-12 to 2014-15 fiscal
years, inclusive, and requires those funds to be allocated, as
specified, to Sections A and B of the State School Fund. The act
requires these appropriations to be deemed General Fund revenues
appropriated for school districts and community college districts for
the 2004-05 and 2005-06 fiscal years, as specified. A provision of
the act provides that, for the 2013-14 fiscal year, various amounts
allocated under the act are to be adjusted to reflect the total
fiscal settlement agreed to by the parties to the specified legal
action referenced above.
This bill would instead appropriate for these purposes from the
General Fund $361,000,000 for the 2012-13 fiscal year, and
$218,322,000 for the 2013-14 fiscal year, for allocation by the
Chancellor of the California Community Colleges and the
Superintendent, as specified, to be deemed General Fund revenues
appropriated for school districts and community college districts.
This bill would require any funds appropriated as described in
(32) to be deemed General Fund revenues appropriated for school
districts and community college districts for the 2004-05 and 2005-06
fiscal years, as specified. The bill would delay the adjustment
related to the total fiscal settlement in the specified legal action
until the 2014-15 fiscal year.
(44) Existing law provides that an essential component of
transition services for individuals with exceptional needs is the
project workability program that provides instruction and experiences
that reinforce core curriculum concepts and skills leading to
gainful employment. Existing law requires the Superintendent to
develop criteria for awarding grants, funding, and evaluating
workability projects and requires workability project applications to
include, but not be limited to, specified elements.
This bill would define eligible applicants for project workability
to include local educational agencies, including school districts,
county offices of education, state special schools, and charter
schools, and nonpublic, nonsectarian schools, as defined.
(45) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program (Cal Grant Program), establishes the Cal Grant A and B
Entitlement awards, the California Community College Transfer
Entitlement awards, the Competitive Cal Grant A and B awards, the Cal
Grant C awards, and the Cal Grant T awards under the administration
of the Student Aid Commission (commission), and establishes
eligibility requirements for awards under these programs for
participating students attending qualifying institutions.
Existing law requires the maximum award amounts for students at
independent institutions to be identified in the annual Budget Act.
Existing law states the policy of the Cal Grant Program that the
maximum Cal Grant A and B awards for students attending nonpublic
institutions be equal to a specified amount.
Commencing with the 2013-14 award year, this bill would set
maximum tuition award amounts for Cal Grant A and B awards for new
recipients attending private for-profit and nonprofit postsecondary
educational institutions, and would require the renewal award amount
for a student whose initial award is subject to one of those maximum
award amounts to be calculated pursuant to specified law.
(46) Existing law requires the Student Aid Commission to certify
by October 1 of each year the institution's latest 3-year cohort
default rate as most recently reported by the United States
Department of Education. Existing law provides that, for purposes of
the 2012-13 academic year, and every academic year thereafter, an
otherwise qualifying institution with a 3-year cohort default rate
that is equal to or greater than 30% is ineligible for initial and
renewal Cal Grant awards at the institution.
This bill would decrease that 3-year cohort default rate threshold
to 15.5%. The bill would, for purposes of the 2012-13 academic year,
and every academic year thereafter, make an otherwise qualifying
institution ineligible for an initial or renewal Cal Grant award at
the institution if the institution has a graduation rate of 30% or
less for students taking 150% or less of the expected time to
complete degree requirements, as specified, with certain exceptions.
The bill also would require the commission to certify by October 1 of
each year the institution's latest graduation rate as reported by
the United States Department of Education. The bill would require the
commission to provide specified notifications and information to
initial and renewal Cal Grant recipients seeking to attend, or
attending, an institution that is ineligible for initial and renewal
Cal Grant awards under the provisions of this bill.
(47) The Cal Grant Program prohibits an applicant from receiving
one or a combination of Cal Grant awards in excess of a specified
amount and from obtaining a baccalaureate degree before receiving a
Cal Grant award, except in the case of Cal Grant T awards.
This bill would remove that exception for Cal Grant T awards and
would allow a recipient who initially qualified for both a Cal Grant
A award and a Cal Grant B award, and received a Cal Grant B award, to
be awarded a renewal Cal Grant A award if that recipient
subsequently became ineligible for a renewal Cal Grant B award and
meets the applicable Cal Grant A financial need and income and asset
criteria.
(48) The Cal Grant Program entitles a student who transfers from a
California community college to a qualifying institution that offers
a baccalaureate degree to receive a Cal Grant A or B award if the
student meets specified criteria.
This bill would additionally require that student to have attended
a California community college in the academic year immediately
preceding the academic year for which the award will be used, except
as provided.
(49) Provisions of law that became inoperative on July 1, 2003,
and that were repealed on January 1, 2004, established the Governor's
Scholarship Programs under the administration of the Scholarshare
Investment Board. Existing law expresses the intent of the
Legislature to provide explicit authority to the board to continue to
administer accounts for, and to make awards to, persons who
qualified for awards under the provisions of the Governor's
Scholarship Programs as those provisions existed on January 1, 2003,
and to provide for the management and disbursement of funds
previously set aside for the Governor's Scholarship Programs.
Existing law provides that the amount remaining in the Golden State
Scholarshare Trust following a specified transfer is available as a
reserve for funding claims for awards.
This bill would additionally state the intent of the Legislature
to provide a guarantee should additional funds be needed to cover
awards authorized and made pursuant to the program. The bill would
require the board to negotiate with the current manager of the
program to execute an amended or new management and funding
agreement, which would be required to include specified terms. The
bill would further state the intent of the Legislature to appropriate
the necessary funds to the Golden State Scholarshare Trust for the
purpose of funding individual beneficiary accounts if funds retained
in the trust after January 1, 2013, are insufficient to cover the
remaining withdrawal requests. The bill would require the board to
notify the Department of Finance and the Legislature no later than 10
working days after determining that this shortfall in available
funding will occur.
(50) Existing law requires the governing board of each community
college district to charge each resident a fee of $46 per unit per
semester, and to charge a tuition fee to nonresident students, with
certain exceptions, including, but not limited to, exceptions for
nonresident students attending a community college pursuant to
specified reciprocity agreements with California governing student
attendance and fees. Existing law requires those nonresident students
to pay a fee of $42 per course unit.
This bill instead would require those students to pay a per unit
fee that is 2 times the amount of the resident fee until June 30,
2013, and 3 times the amount of the resident fee commencing on July
1, 2013, thereby imposing a state-mandated local program.
(51) Existing law requires the Board of Governors of the
California Community Colleges to adopt regulations for the payment of
apportionments to community college districts. Existing law,
notwithstanding the board of governors' authority in this respect,
makes various adjustments to the payment of these apportionments by
deferring certain amounts of apportionments for January to June,
inclusive, to July and October, as specified.
This bill would revise these provisions. Specifically, commencing
on December 15, 2012, if the Schools and Local Public Safety
Protection Act of 2012 (Attorney General reference number 12-0009) is
approved by the voters at the November 6, 2012, statewide general
election and all of the provisions of that measure that modify
personal income tax rates become operative, this bill would require
the deferral of certain amounts of apportionments for February to
June, inclusive, to July, and would appropriate $801,094,000 for
expenditure during the 2013-14 fiscal year, to be expended in
accordance with certain provisions of the Budget Act of 2012.
If the Schools and Local Public Safety Protection Act of 2012
(Attorney General reference number 12-0009) is not approved by the
voters at that election, or if the provisions of that act that modify
personal income tax rates do not become operative due to a conflict
with another initiative measure that is approved at the same election
and receives a greater number of affirmative votes, commencing on
December 15, 2012, the bill would require the deferral of a greater
amount of apportionments for February to June, inclusive, to July,
and would appropriate $961,000,000 for expenditure during the 2013-14
fiscal year, to be expended in accordance with certain provisions of
the Budget Act of 2012.
(52) Under existing law, the California Constitution requires the
total annual appropriations subject to limitation of the state and
each local government to not exceed the appropriations limit of the
entity of government for the prior year adjusted for the change in
the cost of living and the change in population, except as otherwise
provided. Existing law, for purposes of effectively and efficiently
implementing these government spending limitation provisions of the
California Constitution, requires for the 2008-09 to 2012-13 fiscal
years, inclusive, the average daily attendance of public school
districts, including county superintendents of schools, serving
kindergarten and grades 1 to 12, inclusive, to include the same
amount of average daily attendance for classes for supplemental
instruction and regional occupational centers and programs that was
used in the 2007-08 fiscal year.
This bill would require the same amount of average daily
attendance for classes for supplemental instruction and regional
occupational centers and programs that was used in the 2007-08 fiscal
year to also be used in the 2013-14 and 2014-15 fiscal years.
(53) Under the California Constitution, whenever the Legislature
or a state agency mandates a new program or higher level of service
on any local government, including a school district and a community
college district, the state is required to provide a subvention of
funds to reimburse the local government, with specified exceptions.
This bill, commencing with the 2012-13 fiscal year, would require
certain funds appropriated in the annual Budget Act for reimbursement
of the cost of a new program or increased level of service of an
existing program mandated by statute or executive order to be
available as a block grant to school districts, charter schools,
county offices of education, and community college districts to
support specified state-mandated local programs. The bill would
provide that a school district, charter school, county office of
education, or community college district that submits a letter of
intent to the Superintendent of Public Instruction and receives block
grant funding is not eligible to submit a claim for reimbursement
for specified mandated programs for the fiscal year for which the
block grant funding is received. The bill would make block grant
funds subject to required audits.
The bill would require the Superintendent of Public Instruction to
compile a list of all school districts, charter schools, and county
offices of education that received block grant funding in the prior
fiscal year and the Chancellor of the California Community Colleges
to compile a list of all community college districts that received
block grant funding in the prior fiscal year and the total amount
each school district, charter school, county office of education, and
community college district received. The Superintendent and the
chancellor would be required to provide this information to the
appropriate fiscal and policy committees of the Legislature, the
Controller, the Department of Finance, and the Legislative Analyst's
Office on or before September 9 of each year.
(54) Existing law authorizes a local agency, defined to include a
school district and county board of education, to borrow money and
the indebtedness to be represented by a note or notes issued to the
lender. Existing law authorizes the local agency to use the money
borrowed for any purpose for which the local agency is authorized to
use and expend moneys, including, but not limited to, current
expenses, capital expenditures, investment and reinvestment, and the
discharge of an obligation or indebtedness of the local agency.
Existing law requires the notes of certain school districts and
county boards of education to be issued by the appropriate county
board of supervisors. Existing law requires a note so issued to be a
general obligation of the local agency, and, to the extent not paid
from the taxes, income, revenue, cash receipts, or other moneys of
the local agency pledged for the payment of the note and interest, to
be paid from any other moneys of the local agency lawfully available
for that purpose.
This bill would authorize a charter school to borrow money
pursuant to these provisions.
(55) Existing law authorizes a school district to levy a fee,
charge, dedication, or other requirement against any construction
within the boundaries of the school district for the purpose of
funding the construction or reconstruction of school facilities.
Existing law authorizes a school district to increase the levy, as
prescribed, if state funds for new school facility construction are
not available, as specified.
This bill would suspend the operation of the provision authorizing
the increased levy from the day this bill becomes operative until
January 1, 2015, or until an earlier date upon the occurrence of a
specified circumstance, including passage of a statewide school
facilities bond.
(56) The Budget Act of 2011 made numerous appropriations for the
support of public education in this state.
This bill would reduce by various amounts appropriations made for
purposes of supplemental school counseling, special education,
partnership academies, instructional support to assist certain pupils
to pass the high school exit examination, English language tutoring
to limited-English-proficient pupils, incentive grants to support the
hiring of more physical education teachers, the Arts and Music Block
Grant, certificated staff mentoring, and community colleges, thereby
making an appropriation. The bill also would make available for
reappropriation the unencumbered balances of specified appropriations
made in prior fiscal years for various educational purposes and
would reappropriate $220,137,000 to the State Department of Education
for apportionment for special education programs.
(57) The Administrative Procedure Act, among other things, sets
forth procedures for the development, adoption, and promulgation of
regulations by administrative agencies charged with the
implementation of statutes.
This bill would authorize the State Department of Education,
notwithstanding the procedures required by the Administrative
Procedure Act, to implement the provision of the bill related to the
reduction of the maximum reimbursable amounts for specified contracts
and the order of disenrollment from subsidized child care services,
as described in (17), through management bulletins or other similar
instructions.
(58) The bill would provide that the implementation of the
provision of the bill related to the reduction of the maximum
reimbursable amounts for specified contracts and the order of
disenrollment from subsidized child care services, as described in
(17), is not subject to the appeal and resolution procedures for
agencies that contract with the State Department of Education for
these purposes.
(59) This bill would set the cost-of-living adjustment for
specified items in the Budget Act of 2012 at 0% for the 2012-13
fiscal year, notwithstanding the cost-of-living adjustment specified
in existing statutes.
(60) Under existing law, the amount of revenue that a school
district may collect annually for general purposes, called a revenue
limit, is calculated in accordance with various statutory formulas. A
basic aid school district is a school district where property tax
revenues exceed the revenue limit and the school district
consequently does not receive a state apportionment.
This bill would express legislative
intent that basic aid school districts assume categorical funding
reductions proportionate to the revenue limit reductions implemented
for nonbasic aid school districts in the 2008-09, 2009-10, 2010-11,
and 2011-12 fiscal years. The bill would include calculations to
implement these funding reductions.
(61) This bill would require that $12,133,000 of the funds
appropriated in the Budget Act of 2011 for purposes of special
education programs, be provided to fully fund the 2008-09 maintenance
of effort required for special education programs.
(62) Existing law appropriates funding for class size reduction in
kindergarten and grades 1 to 3, inclusive, to be expended consistent
with the specified requirements.
This bill would require the Superintendent of Public Instruction
to certify to the Controller the amounts needed for the 2012-13
fiscal year to fund the Class Size Reduction Program and set forth a
schedule for the transfer of that funding. The bill would require the
Controller to transfer that funding from the General Fund to the
State School Fund.
The bill would require the Superintendent, before making each
certification, to notify the Department of Finance, the Legislative
Analyst, and the appropriate policy and fiscal committees of the
Legislature regarding the amounts the Superintendent intends to
certify and would require the notification to include the data used
in determining the amounts to be certified.
(63) This bill would appropriate $905,700,000 from the General
Fund to the State Department of Education for 10 specified programs
according to a specified schedule, and would require the department
to encumber these funds by July 31, 2013. The bill would provide
that, for purposes of satisfying the minimum annual funding
obligation for school districts required by the California
Constitution, the appropriated funds are General Fund revenues
appropriated for school districts for the 2012-13 fiscal year.
(64) This bill would require funds appropriated pursuant to
specified items in the Budget Act of 2012 to be encumbered by July
31, 2013.
(65) This bill would appropriate $516,881,000 from the General
Fund to the Board of Governors of the California Community Colleges
in augmentation of specified funds appropriated in the Budget Act of
2012 for the purpose of increasing apportionment funding to community
college districts. This provision would become operative on December
15, 2012, only if the Schools and Local Public Safety Protection Act
of 2012 (Attorney General reference number 12-0009) is not approved
by the voters at the November 6, 2012, statewide general election, or
if the provisions of that act that modify personal income tax rates
do not become operative for a specified reason.
(66) Existing law requires the Board of Governors of the
California Community Colleges, in calculating each community college
district's revenue level for each fiscal year, to subtract, among
other things, the local property tax revenue specified by law for
general operating support, exclusive of bond interest and redemption,
from the total revenues owed.
This bill would appropriate an unspecified amount, on or before
June 30, 2012, to be determined by the Director of Finance, up to
$116,133,000, from the General Fund to the Board of Governors of the
California Community Colleges in augmentation of an item of the
Budget Act of 2011 related to community colleges if revenues
distributed to community colleges pursuant to specified provisions
related to the dissolution of redevelopment agencies are less than
estimated in the Budget Act of 2011. The bill would require the
Director of Finance, in making this determination, to consider any
other local property tax revenues and student fee revenues collected
in excess of the estimated amount of those revenues as reflected in
the Budget Act of 2012. The bill would provide that, for purposes of
satisfying the minimum annual funding obligation for community
college districts required by the California Constitution, the
appropriated funds are General Fund revenues appropriated for
community college districts in the 2011-12 fiscal year. The bill
would make a similar appropriation of an unspecified amount, without
the $116,133,000 limit, on or before June 30, 2013, in augmentation
of an item of the Budget Act of 2012 related to community colleges.
(67) This bill would also appropriate an unspecified amount, up to
$19,347,000, on or before June 30, 2012, to the Superintendent of
Public Instruction, in augmentation of an item of the Budget Act of
2011 related to special education programs of local educational
agencies. The bill would make a similar appropriation of an
unspecified amount, without the $19,347,000 limit, to the extent of
excess revenues, as specified, on or before June 30, 2013, in
augmentation of an item of the Budget Act of 2012 related to special
education programs of local educational agencies.
(68) This bill would require the Chancellor of the California
Community Colleges, as approved by the Department of Finance and on
or before November 30, 2012, to reduce community college district
based workload measures to match available general-purpose
apportionment funding if the Schools and Local Public Safety
Protection Act of 2012 (Attorney General reference number 12-0009) is
not approved by the voters at the November 6, 2012, statewide
general election, or if the provisions of that act that modify
personal income tax rates do not become operative due to a conflict
with another initiative measure that is approved at the same election
and receives a greater number of affirmative votes. The bill would
state the intent of the Legislature that any necessary workload
reductions be made in courses and programs outside of those needed by
students to achieve their basic skills, workforce training, or
transfer goals. The bill would require the chancellor, on or before
September 15, 2013, to provide the fiscal committees of both houses
of the Legislature and the Director of Finance with a report on the
implementation of the workload reduction.
(69) This bill would require that, if the Schools and Local Public
Safety Protection Act of 2012 is approved by the voters at the
November 6, 2012, statewide general election, and all of the
provisions of that act that modify personal income tax rates become
operative, $50,000,000 would be transferred between specified budget
items for the purpose of providing growth funding to community
college districts, as specified.
(70) This bill would direct the Director of Finance to reduce a
specified appropriation made in the Budget Act of 2012 to the State
Department of Developmental Services by $197,152,000 and would
appropriate that amount to the State Department of Developmental
Services for purposes of the Early Start Program. This provision
would become operative on December 15, 2012, only if the Schools and
Local Public Safety Protection Act of 2012 (Attorney General
reference number 12-0009) is not approved by the voters at the
November 6, 2012, statewide general election, or if the provisions of
that act that modify personal income tax rates do not become
operative due to a conflict with another initiative measure that is
approved at the same election and receives a greater number of
affirmative votes.
(71) This bill would make conforming changes, correct
cross-references, and make other nonsubstantive changes.
(72) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(73) Funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
(74) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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
one or both of the following:
(A) Moneys designated for
apportionments to a school district pursuant to Section 42238 or to a
county office of education pursuant to Section 2558 or to the
community college district pursuant to Section 84750, or in the case
of a charter school, pursuant to Sections 47633, 47634.1, and
47634.2.
(B) Moneys, if any, designated for apportionment to a school
district, county office of education, or charter school pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(b) The amount apportioned for a participating party pursuant to
this section shall be deemed to be an allocation to the participating
party for purposes of subdivision (b) or Section 8 of Article XVI of
the California Constitution. For purposes of computing revenue
limits or revenue levels pursuant to Section 42338 for any school
district or pursuant to Section 2558 for any county office of
education or pursuant to Section 84750 for any community college
district, the revenue limit or revenue level for any fiscal year in
which funds are apportioned for the district or for the county office
of education pursuant to this section shall include any amounts
apportioned by the Controller pursuant to paragraph (3) of
subdivision (a). For purposes of computing the general-purpose
entitlement of a charter school pursuant to Section 47633, that
entitlement shall include any amounts apportioned by the Controller
pursuant to paragraph (3) of subdivision (a). For purposes of
computing the categorical block grant of a charter school pursuant to
Section 47634.1 or 47634.2, that grant shall include any amounts
apportioned by the Controller pursuant to paragraph (3) of
subdivision (a). 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. 2. 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 one or both of
the following:
(A) Moneys in Section A
of the State School Fund designated for apportionment to a
school district pursuant to Section 42238 or to the county office of
education pursuant to Section 2558, or in the case of a charter
school, pursuant to Sections 47633, 47634.1, and 47634.2.
(B) Moneys, if any, designated for apportionment to a school
district, county office of education, or charter school pursuant to
subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of
Article XIII of the California Constitution.
(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) (1) The amount apportioned for a participating party pursuant
to this section shall be deemed to be an allocation to the
participating party for purposes of subdivision (b) of Section 8 of
Article XVI of the California Constitution.
(2) For purposes of computing revenue limits pursuant to Section
42238 for any school district or pursuant to Section 2558 for any
county office of education, the revenue limit for any fiscal year in
which funds are apportioned for the participating party pursuant to
this section shall include any amounts apportioned by the Controller
pursuant to paragraphs (3) and (4) of subdivision (a).
(3) For purposes of computing the general-purpose entitlement of a
charter school pursuant to Section 47633, that entitlement shall
include any amounts apportioned by the Controller pursuant to
paragraphs (3) and (4) of subdivision (a). For purposes of computing
the categorical block grant of a charter school pursuant to Section
47634.1 or 47634.2, that grant shall include any amounts apportioned
by the Controller pursuant to paragraphs (3) and (4) of subdivision
(a). 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. 3. Section 52055.780 of the
Education Code is amended to read:
52055.780. (a) School districts and chartering authorities shall
receive funding at the following rate, on behalf of funded schools:
(1) For kindergarten and grades 1 to 3, inclusive, five hundred
dollars ($500) per enrolled pupil in funded schools.
(2) For grades 4 to 8, inclusive, nine hundred dollars ($900) per
enrolled pupil in funded schools.
(3) For grades 9 to 12, inclusive, one thousand dollars ($1,000)
per enrolled pupil in funded schools.
(b) For purposes of subdivision (a), enrollment of a pupil in a
funded school in the prior fiscal year shall be based on data from
the CBEDS.
(c) For the 2012-13 fiscal year, three hundred sixty-one million
dollars ($361,000,000) is hereby appropriated from the General Fund
to be allocated as follows:
(1) Forty-eight million dollars ($48,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (d).
(2) Three hundred thirteen million dollars ($313,000,000) for
transfer by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(3) Payments made pursuant to this subdivision shall be made only
on or after October 8 of the 2012-13 fiscal year.
(d) The sum transferred pursuant to paragraph (1) of subdivision
(c) shall be allocated by the Chancellor of the California Community
Colleges to the community colleges for the purpose of improving and
expanding career technical education in public secondary education
and lower division public higher education pursuant to Section 88532,
including the hiring of additional faculty to expand the number of
career technical education programs and course offerings.
(e) For the 2013-14 fiscal year, two hundred eighteen
million three hundred twenty-two thousand dollars ($218,322,000)
three hundred sixty-one million dollars ($361,000,000)
is hereby appropriated from the General Fund to be allocated
as follows:
(1) Forty-eight million dollars ($48,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (d).
(2) One hundred seventy million three hundred twenty-two
thousand dollars ($170,322,000) Three hundred thirteen
million dollars ($313,000,000) for transfer by the Controller
to Section A of the State School Fund for allocation by the
Superintendent pursuant to this article.
(f) From funds appropriated under subdivision (c), the
Superintendent shall provide not more than two million dollars
($2,000,000) to county superintendents of schools to carry out the
requirements of this article, allocated in a manner similar to that
created to carry out the new duties of those superintendents under
the settlement agreement in the case of Williams v. California
(Super. Ct. San Francisco, No. CGC-00-312236).
(g) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, including computation
of the state's minimum funding obligation to school districts and
community college districts in subsequent fiscal years, the
appropriations made pursuant to subdivisions (c) and (e) shall be
deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 and
"General Fund revenues appropriated for community college districts,"
as defined in subdivision (d) of Section 41202, for the 2012-13
fiscal year and included within the "total allocations to school
districts and community college districts from General Fund proceeds
of taxes appropriated pursuant to Article XIII B," as defined in
subdivision (e) of Section 41202, for that fiscal year.
SEC. 4. Section 56520 of the Education
Code is amended to read:
56520. (a) The Legislature finds and declares all of the
following:
(1) That the state has continually sought to provide an
appropriate and meaningful educational program in a safe and healthy
environment for all children regardless of possible physical, mental,
or emotionally disabling conditions. That many schoolage
individuals with exceptional needs have significant behavioral
challenges that have an adverse impact on their learning or the
learning of other pupils, or both. That such individuals with
exceptional needs often end up in highly segregated educational
placements or are expelled or kept out of school because they exhibit
serious behavior problems that, in addition to impeding
learning, put the safety of the individual with exceptional needs, or
the safety of others, at risk. That the adverse impact of the
serious behavior on the quality of life of the impacted
individual with exceptional needs is extremely high.
(2) That teachers of children with special needs require
training and guidance that provides positive ways for working
successfully with children who have difficulties conforming to
acceptable behavioral patterns in order to provide an environment in
which learning can occur the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) emphasizes a
proactive approach to behaviors that interfere with learning by
requiring, pursuant to Section 1414(d)(3)(B)(i) of Title 20 of the
United States Code, for individuals with exceptional needs whose
behavior impedes their learning or the learning of other pupils, the
IEP team to consider the use of positive behavioral
interventions and supports, and other strategies, to address that
behavior .
(3) That procedures for the elimination of maladaptive behaviors
shall not include those deemed unacceptable under Section 49001 or
those that cause pain or trauma.
(4) That significant health and safety risks to pupils and school
personnel may result from individuals with exceptional needs
exhibiting assaultive and injurious, including self-injurious,
behaviors. These health and safety risks are minimized by the use of
positive behavioral intervention services that are developed in a
manner consistent with the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing
regulations and with recognized professional practices and principles
based on peer-reviewed research as identified by the Office of
Special Education Programs of the United States Department of
Education.
(5) That this chapter shall not exceed the requirements of federal
law, create new or separate state requirements, or result in a level
of state service beyond that needed to comply with federal law and
regulations.
(b) It is the intent of the Legislature:
(1) That children who need functional behavioral assessments and
positive behavioral intervention plans, or other positive behavior
interventions, supports, and other strategies, to succeed in school
in the least restrictive environment, receive them in a timely
manner.
(2) That functional behavioral assessments and positive behavioral
interventions, supports, and other strategies be provided in
accordance with the federal Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.) and its implementing regulations.
(3) That functional behavioral assessments and positive behavioral
interventions and supports be developed and implemented in a manner
consistent with the practices and guidance provided by the United
States Department of Education and technical assistance centers
sponsored by the Office of Special Education Programs of the United
States Department of Education.
(4) That behavioral emergency procedures not be used as a
substitute for functional behavioral assessments and positive
behavioral interventions, supports, and other strategies, that
address the underlying cause of the behavior and teach the individual
positive replacement behavior.
(5) That functional behavioral assessments reflect valid and
reliable practices.
(6) That, whenever practicable, positive behavioral intervention
plans be based on peer-reviewed research.
(7) That procedures in this chapter be used to minimize the risks,
injuries, costs, and liabilities associated with the implementation
of corporal techniques and other inappropriate, stigmatizing, and
counterproductive responses to maladaptive behavior.
(1)
(8) That when behavioral interventions are used, they
be used in consideration of the pupil's physical freedom and social
interaction, be administered in a manner that respects human dignity
and personal privacy, and that ensure a pupil's right to placement in
the least restrictive educational environment.
(2)
(9) That behavioral management
intervention plans be developed and used, to the extent
possible, in a consistent manner across all settings, including
when the pupil is also the responsibility of another agency for
residential care or related services.
(3) That a statewide study be conducted of the use of behavioral
interventions with California individuals with exceptional needs
receiving special education and related services.
(4)
(10) That training programs be developed and
implemented in institutions of higher education that train teachers
and that in-service training programs be made available as necessary
in school districts and county offices of education to
assure ensure that adequately trained staff are
available to work effectively with the behavioral intervention needs
of individuals with exceptional needs.
SEC. 5. Section 56521.1 is added to the
Education Code , to read:
56521.1. (a) Emergency interventions may only be used to control
unpredictable, spontaneous behavior that poses a clear and present
danger of serious physical harm to the individual with exceptional
needs, or others, and that cannot be immediately prevented by a
response less restrictive than the temporary application of a
technique used to contain the behavior.
(b) Emergency interventions shall not be used as a substitute for
the systematic behavioral intervention plan that is designed to
change, replace, modify, or eliminate a targeted behavior.
(c) No emergency intervention shall be employed for longer than is
necessary to contain the behavior. A situation that requires
prolonged use of an emergency intervention shall require staff to
seek assistance of the schoolsite administrator or law enforcement
agency, as applicable to the situation.
(d) Emergency interventions shall not include:
(1) Locked seclusion, unless it is in a facility otherwise
licensed or permitted by state law to use a locked room.
(2) Employment of a device, material, or objects that
simultaneously immobilize all four extremities, except that
techniques such as prone containment may be used as an emergency
intervention by staff trained in such procedures.
(3) An amount of force that exceeds that which is reasonable and
necessary under the circumstances.
(e) To prevent emergency interventions from being used in lieu of
planned, systematic behavioral interventions, the parent, guardian,
and residential care provider, if appropriate, shall be notified
within one schoolday if an emergency intervention is used or serious
property damage occurs. A behavioral emergency report shall
immediately be completed and maintained in the file of the individual
with exceptional needs. The behavioral emergency report shall
include all of the following:
(1) The name and age of the individual with exceptional needs.
(2) The setting and location of the incident.
(3) The name of the staff or other persons involved.
(4) A description of the incident and the emergency intervention
used, and whether the individual with exceptional needs is currently
engaged in any systematic behavioral intervention plan.
(5) Details of any injuries sustained by the individual with
exceptional needs, or others, including staff, as a result of the
incident.
(f) All behavioral emergency reports shall immediately be
forwarded to, and reviewed by, a designated responsible
administrator.
(g) If a behavioral emergency report is written regarding an
individual with exceptional needs who does not have a behavioral
intervention plan, the designated responsible administrator shall,
within two days, schedule an individualized education program (IEP)
team meeting to review the behavioral emergency report, to determine
the necessity for a functional behavioral assessment, and to
determine the necessity for an interim plan. The IEP team shall
document the reasons for not conducting the functional behavioral
assessment, not developing an interim plan, or both.
(h) If a behavioral emergency report is written regarding an
individual with exceptional needs who has a positive behavioral
intervention plan, an incident involving a previously unseen serious
behavior problem, or where a previously designed intervention is
ineffective, shall be referred to the IEP team to review and
determine if the incident constitutes a need to modify the positive
behavioral intervention plan.
SEC. 6. Section 56521.2 is added to the
Education Code , to read:
56521.2. (a) A local educational agency or nonpublic,
nonsectarian school or agency serving individuals with exceptional
needs pursuant to Sections 56365 and 56366 shall not authorize,
order, consent to, or pay for the following interventions, or other
interventions similar to or like the following:
(1) An intervention that is designed to, or likely to, cause
physical pain, including, but not limited to, electric shock.
(2) Releasing noxious, toxic, or otherwise unpleasant sprays,
mists, or substances in proximity to the face of the individual.
(3) An intervention that denies adequate sleep, food, water,
shelter, bedding, physical comfort, or access to bathroom facilities.
(4) An intervention that is designed to subject, used to subject,
or likely to subject, the individual to verbal abuse, ridicule, or
humiliation, or that can be expected to cause excessive emotional
trauma.
(5) Restrictive interventions that employ a device, material, or
objects that simultaneously immobilize all four extremities,
including the procedure known as prone containment, except that prone
containment or similar techniques may be used by trained personnel
as a limited emergency intervention.
(6) Locked seclusion, unless it is in a facility otherwise
licensed or permitted by state law to use a locked room.
(7) An intervention that precludes adequate supervision of the
individual.
(8) An intervention that deprives the individual of one or more of
his or her senses.
(b) Whenever an individualized education program (IEP) is
developed, reviewed, and revised, the IEP team shall, in the case of
an individual whose behavior impedes his or her learning or that of
others, consider the use of positive behavioral interventions and
supports, and other strategies, to address the behavior in accordance
with Section 1414(d)(3)(B) of Title 20 of the
United States Code and Sections 300.324(a)(2)
and 300.324(b)(2) of Title 34 of the Code of Federal Regulations.
SEC. 7. Section 56522 is added to the
Education Code , to read:
56522. (a) The Superintendent shall issue nonmandatory program
guidelines, as described in Section 33308.5, regarding the systematic
use of behavioral interventions and emergency interventions, and
shall provide related training.
(b) At a minimum, the nonmandatory program guidelines and training
shall address all of the following:
(1) The recommended qualifications and training of personnel who
participate in the implementation of the behavioral intervention
plans, including training in positive behavioral interventions.
(2) Special training recommended for the use of emergency
behavioral interventions and the types of interventions for which
that training would be applicable.
(3) Recommended behavioral emergency procedures.
SEC. 8. Section 56523 of the Education
Code is amended to read:
56523. (a) On or before September 1, 1992, the
Superintendent shall develop and the The
board shall adopt repeal those
regulations governing the use of behavioral interventions with
individuals with exceptional needs receiving special education and
related services that are no longer supported by statute,
including Section 3052, and applicable provisions of Section 3001, of
Title 5 of the California Code of Regulations .
(b) This section and the implementing regulations adopted
by the board are chapter is declaratory of
federal law and deemed necessary to implement the federal Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and
associated federal regulations. This section
chapter is intended to provide the clarity, definition, and
specificity necessary for local educational agencies to comply with
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.) and shall be implemented by local educational
agencies without the developm ent by the Superintendent
and adoption by the state board of any additional regulations .
This section, including the implementing state regulations
needed to implement federal law and regulations, shall not exceed the
requirements of federal law, create new or separate state
requirements, or result in a level of state service beyond that
needed to comply with federal law and regulations.
(c) As a condition of receiving funding from the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), a local educational agency shall agree to adhere to this
chapter and implementing federal regulations and state
regulations set forth in this section
chapter .
(d) The Superintendent may monitor local educational agency
compliance with this section chapter
and may take appropriate action, including fiscal repercussions, if
either of the following is found:
(1) The local educational agency failed to comply with this
section and implementing regulations that govern the
provision of special education and related services to individuals
with exceptional needs chapter and failed to
comply substantially with corrective action orders issued by the
department resulting from monitoring findings or complaint
investigations.
(2) The local educational agency failed to implement the decision
of a due process hearing officer based on noncompliance with this
part, the state implementing regulations,
provisions of the federal Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.), or the federal implementing
regulations, wherein noncompliance resulted in the denial of, or
impeded the delivery of, a free appropriate public education for an
individual with exceptional needs.
(e) Commencing with the 2010-11 fiscal year, if any activities
authorized pursuant to this section and implementing regulations are
found be a state reimbursable mandate pursuant to Section 6 of
Article XIII B of the California Constitution, state funding provided
for purposes of special education pursuant to Item 6110-161-0001 of
Section 2.00 of the annual Budget Act shall first be used to directly
offset any mandated costs.
(f) Contingent on the adoption of a statute in the
2009-10 Regular Session that adds Pursuant
to Section 17570.1 to of
the Government Code, the Legislature hereby requests the
Department of Finance on or before December 31, 2010,
2012, to exercise its authority pursuant to
subdivision (c) of Section 17570 of the Government Code and file a
request with the Commission on State Mandates for the purpose of
seeking the adoption of a new test claim to supersede CSM-4464 based
on subsequent changes in law that may modify a requirement that the
state reimburse a local government for a state mandate.
(g) The regulations shall do all of the following:
(1) Specify the types of positive behavioral interventions which
may be utilized and specify that interventions which cause pain or
trauma are prohibited.
(2) Require that, if appropriate, the pupil's individual education
plan includes a description of the positive behavioral interventions
to be utilized which accomplishes the following:
(A) Assesses the appropriateness of positive interventions.
(B) Assures the pupil's physical freedom, social interaction, and
individual choices.
(C) Respects the pupil's human dignity and personal privacy.
(D) Assures the pupil's placement in the least restrictive
environment.
(E) Includes the method of measuring the effectiveness of the
interventions.
(F) Includes a timeline for the regular and frequent review of the
pupil's progress.
(3) Specify standards governing the application of restrictive
behavioral interventions in the case of emergencies. These
emergencies must pose a clear and present danger of serious physical
harm to the pupil or others. These standards shall include:
(A) The definition of an emergency.
(B) The types of behavioral interventions that may be utilized in
an emergency.
(C) The duration of the intervention which shall not be longer
than is necessary to contain the dangerous behavior.
(D) A process and timeline for the convening of an individual
education plan meeting to evaluate the application of the emergency
intervention and adjust the pupil's individual education plan in a
manner designed to reduce or eliminate the negative behavior through
positive programming.
(E) A process for reporting annually to the department and the
Advisory Commission on Special Education the number of emergency
interventions applied under this chapter.
SEC. 9. Section 56525 of the Education
Code is amended to read:
56525. (a) A person recognized by the national Behavior Analyst
Certification Board as a Board Certified Behavior Analyst
qualifies as a behavioral intervention case manager of a district,
special education local plan area, or county office and may
conduct behavior assessments and provide behavioral intervention
services for individuals with exceptional needs.
(b) This section does not require a district, special education
local plan area, or county office to use a Board Certified Behavior
Analyst as a behavioral intervention case manager
to conduct behavior assessments and provide behavioral
intervention services for individuals with exceptional needs .
SEC. 10. Section 69432.7 of the
Education Code is amended to read:
69432.7. As used in this chapter, the following terms have the
following meanings:
(a) An "academic year" is July 1 to June 30, inclusive. The
starting date of a session shall determine the academic year in which
it is included.
(b) "Access costs" means living expenses and expenses for
transportation, supplies, and books.
(c) "Award year" means one academic year, or the equivalent, of
attendance at a qualifying institution.
(d) "College grade point average" and "community college grade
point average" mean a grade point average calculated on the basis of
all college work completed, except for nontransferable units and
courses not counted in the computation for admission to a California
public institution of higher education that grants a baccalaureate
degree.
(e) "Commission" means the Student Aid Commission.
(f) "Enrollment status" means part- or full-time status.
(1) "Part time," for purposes of Cal Grant eligibility, means 6 to
11 semester units, inclusive, or the equivalent.
(2) "Full time," for purposes of Cal Grant eligibility, means 12
or more semester units or the equivalent.
(g) "Expected family contribution," with respect to an applicant,
shall be determined using the federal methodology pursuant to
subdivision (a) of Section 69506 (as established by Title IV of the
federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070
et seq.)) and applicable rules and regulations adopted by the
commission.
(h) "High school grade point average" means a grade point average
calculated on a 4.0 scale, using all academic coursework, for the
sophomore year, the summer following the sophomore year, the junior
year, and the summer following the junior year, excluding physical
education, reserve officer training corps (ROTC), and remedial
courses, and computed pursuant to regulations of the commission.
However, for high school graduates who apply after their senior year,
"high school grade point average" includes senior year coursework.
(i) "Instructional program of not less than one academic year"
means a program of study that results in the award of an associate or
baccalaureate degree or certificate requiring at least 24 semester
units or the equivalent, or that results in eligibility for transfer
from a community college to a baccalaureate degree program.
(j) "Instructional program of not less than two academic years"
means a program of study that results in the award of an associate or
baccalaureate degree requiring at least 48 semester units or the
equivalent, or that results in eligibility for transfer from a
community college to a baccalaureate degree program.
(k) "Maximum household income and asset levels" means the
applicable household income and household asset levels for
participants, including new applicants and renewing recipients, in
the Cal Grant Program, as defined and adopted in regulations by the
commission for the 2001-02 academic year, which shall be set pursuant
to the following income and asset ceiling amounts:
CAL GRANT PROGRAM INCOME CEILINGS
+--------------------+--------------+--------------+
| Cal Grant |
| A, |
| C, and T Cal Grant B |
+--------------------+--------------+--------------+
|Dependent and Independent students with |
|dependents* |
+--------------------+--------------+--------------+
|Family Size |
+--------------------+--------------+--------------+
| Six or more $74,100 $40,700 |
+--------------------+--------------+--------------+
| Five $68,700 $37,700 |
+--------------------+--------------+--------------+
| Four $64,100 $33,700 |
+--------------------+--------------+--------------+
| Three $59,000 $30,300 |
+--------------------+--------------+--------------+
| Two $57,600 $26,900 |
+--------------------+--------------+--------------+
|Independent |
+--------------------+--------------+--------------+
| Single, no $23,500 $23,500 |
|dependents |
+--------------------+--------------+--------------+
| Married $26,900 $26,900 |
+--------------------+--------------+--------------+
*Applies to independent students with dependents other than a
spouse.
CAL GRANT PROGRAM ASSET CEILINGS
+----------------------+-------------+-------------+
| Cal Grant |
| A, |
| C, and T Cal Grant B |
+----------------------+-------------+-------------+
|Dependent** $49,600 $49,600 |
+----------------------+-------------+-------------+
|Independent $23,600 $23,600 |
+----------------------+-------------+-------------+
**Applies to independent students with dependents other than a
spouse.
The commission shall annually adjust the maximum household income
and asset levels based on the percentage change in the cost of living
within the meaning of paragraph (1) of subdivision (e) of Section 8
of Article XIII B of the California Constitution. The maximum
household income and asset levels applicable to a renewing recipient
shall be the greater of the adjusted maximum household income and
asset levels or the maximum household income and asset levels at the
time of the renewing recipient's initial Cal Grant award. For a
recipient who was initially awarded a Cal Grant for an academic year
before the 2011-12 academic year, the maximum household income and
asset levels shall be the greater of the adjusted maximum household
income and asset levels or the 2010-11 academic year maximum
household income and asset levels. An applicant or renewal recipient
who qualifies to be considered under the simplified needs test
established by federal law for student assistance shall be presumed
to meet the asset level test under this section. Prior to disbursing
any Cal Grant funds, a qualifying institution shall be obligated,
under the terms of its institutional participation agreement with the
commission, to resolve any conflicts that may exist in the data the
institution possesses relating to that individual.
(l) (1) "Qualifying institution" means an institution that
complies with paragraphs (2) and (3) and is any of the following:
(A) A California private or independent postsecondary educational
institution that participates in the Pell Grant Program and in at
least two of the following federal campus-based student aid programs:
(i) Federal Work-Study.
(ii) Perkins Loan Program.
(iii) Supplemental Educational Opportunity Grant Program.
(B) A nonprofit institution headquartered and operating in
California that certifies to the commission that 10 percent of the
institution's operating budget, as demonstrated in an audited
financial statement, is expended for purposes of institutionally
funded student financial aid in the form of grants, that demonstrates
to the commission that it has the administrative capacity to
administer the funds, that is accredited by the Western Association
of Schools and Colleges, and that meets any other state-required
criteria adopted by regulation by the commission in consultation with
the Department of Finance. A regionally accredited institution that
was deemed qualified by the commission to participate in the Cal
Grant Program for the 2000-01 academic year shall retain its
eligibility as long as it maintains its existing accreditation
status.
(C) A California public postsecondary educational institution.
(2) (A) The institution shall provide information on where to
access California license examination passage rates for the most
recent available year from graduates of its undergraduate programs
leading to employment for which passage of a California licensing
examination is required, if that data is electronically available
through the Internet Web site of a California licensing or regulatory
agency. For purposes of this paragraph, "provide" may exclusively
include placement of an Internet Web site address labeled as an
access point for the data on the passage rates of recent program
graduates on the Internet Web site where enrollment information is
also located, on an Internet Web site that provides centralized
admissions information for postsecondary educational systems with
multiple campuses, or on applications for enrollment or other program
information distributed to prospective students.
(B) The institution shall be responsible for certifying to the
commission compliance with the requirements of subparagraph (A).
(3) (A) The commission shall certify by October 1 of each year the
institution's latest three-year cohort default rate and graduation
rate as most recently reported by the United States Department of
Education.
(B) For purposes of the 2011-12 academic year, an otherwise
qualifying institution with a three-year cohort default rate reported
by the United States Department of Education that is equal to or
greater than 24.6 percent shall be ineligible for initial and renewal
Cal Grant awards at the institution, except as provided in
subparagraph (F).
(C) For purposes of the 2012-13 academic year, and every academic
year thereafter, an otherwise qualifying institution with a
three-year cohort default rate that is equal to or greater than 15.5
percent, as certified by the commission on October 1, 2011, and every
year thereafter, shall be ineligible for initial and renewal Cal
Grant awards at the institution, except as provided in subparagraph
(F).
(D) (i) An otherwise qualifying institution that becomes
ineligible under this paragraph for initial and renewal Cal Grant
awards may shall regain its eligibility
for the academic year following an in the
academic year in which it satisfies the requirements
established in subparagraph (B), (C), or (G), as applicable.
(ii) If the United States Department of Education corrects or
revises an institution's three-year cohort default rate or graduation
rate that originally failed to satisfy the requirements established
in subparagraph (B), (C), or (G), as applicable, and the correction
or revision results in the institution's three-year cohort default
rate or graduation rate satisfying those requirements, that
institution shall immediately regain its eligibility for the academic
year to which the corrected or revised three-year cohort default
rate or graduation rate would have been applied.
(E) An otherwise qualifying institution for which no three-year
cohort default rate or graduation rate has been reported by the
United States Department of Education shall be provisionally eligible
to participate in the Cal Grant Program until a three-year cohort
default rate or graduation rate has been reported for the institution
by the United States Department of Education.
(F) (i) An institution that is ineligible for initial and renewal
Cal Grant awards at the institution under subparagraph (B), (C), or
(G) shall be eligible for renewal Cal Grant awards for recipients who
were enrolled in the ineligible institution during the academic year
before the academic year for which the institution is ineligible and
who choose to renew their Cal Grant awards to attend the ineligible
institution. Cal Grant awards subject to this subparagraph shall be
reduced as follows:
(I) The maximum Cal Grant A and B awards specified in the annual
Budget Act shall be reduced by 20 percent.
(II) The reductions specified in this subparagraph shall not
impact access costs as specified in subdivision (b) of Section 69435.
(ii) This subparagraph shall become inoperative on July 1, 2013.
(G) For purposes of the 2012-13 academic year, and every academic
year thereafter, an otherwise qualifying institution with a
graduation rate of 30 percent or less for students taking 150 percent
or less of the expected time to complete degree requirements, as
reported by the United States Department of Education and as
certified by the commission pursuant to subparagraph (A), shall be
ineligible for initial and renewal Cal Grant awards at the
institution, except as provided for in subparagraphs (F) and (I).
(H) Notwithstanding any other law, the requirements of this
paragraph shall not apply to institutions with 40 percent or less of
undergraduate students borrowing federal student loans, using
information reported to the United States Department of Education for
the academic year two years before the year in which the commission
is certifying the three-year cohort default rate or graduation rate
pursuant to subparagraph (A).
(I) Notwithstanding subparagraph (G), an otherwise qualifying
institution with a three-year cohort default rate that is less than
10 percent and a graduation rate above 20 percent for students taking
150 percent or less of the expected time to complete degree
requirements, as certified by the commission pursuant to subparagraph
(A), shall remain eligible for initial and renewal Cal Grant awards
at the institution through the 2016-17 academic year.
(J) The commission shall do all of the following:
(i) Notify initial Cal Grant recipients seeking to attend, or
attending, an institution that is ineligible for initial and renewal
Cal Grant awards under subparagraph (C) or (G) that the institution
is ineligible for initial Cal Grant awards for the academic year for
which the student received an initial Cal Grant award.
(ii) Notify renewal Cal Grant recipients attending an institution
that is ineligible for initial and renewal Cal Grant awards at the
institution under subparagraph (C) or (G) that the student's Cal
Grant award will be reduced by 20 percent, or eliminated, as
appropriate, if the student attends the ineligible institution in an
academic year in which the institution is ineligible.
(iii) Provide initial and renewal Cal Grant recipients seeking to
attend, or attending, an institution that is ineligible for initial
and renewal Cal Grant awards at the institution under subparagraph
(C) or (G) with a complete list of all California postsecondary
educational institutions at which the student would be eligible to
receive an unreduced Cal Grant award.
(K) By January 1, 2013, the Legislative Analyst shall submit to
the Legislature a report on the implementation of this paragraph. The
report shall be prepared in consultation with the commission, and
shall include policy recommendations for appropriate measures of
default risk and other direct or indirect measures of quality or
effectiveness in educational institutions participating in the Cal
Grant Program, and appropriate scores for those measures. It is the
intent of the Legislature that appropriate policy and fiscal
committees review the requirements of this paragraph and consider
changes thereto.
(m) "Satisfactory academic progress" means those criteria required
by applicable federal standards published in Title 34 of the Code of
Federal Regulations. The commission may adopt regulations defining
"satisfactory academic progress" in a manner that is consistent with
those federal standards.
SEC. 11. Section 17581.6 of the
Government Code is amended to read:
17581.6. (a) Commencing with the 2012-13 fiscal year, funds
provided in Item 6110-296-0001 of Section 2.00 of the annual Budget
Act shall be allocated as block grants to school districts, charter
schools, and county offices of education to support all of the
mandated programs described in subdivision (d).
(b) (1) Notwithstanding any other law, each fiscal year a school
district or county office of education may receive funding for the
performance of the mandated activities listed in subdivision (d)
either through the block grant established pursuant to this section
or by claiming reimbursement pursuant to Section 17560. A school
district or county office of education that claims reimbursement for
any mandated activities pursuant to Section 17560 for mandated costs
incurred during a fiscal year shall not be eligible for funding
pursuant to this section for the same fiscal year.
(2) A school district and county office of education that elects
to receive block grant funding instead of seeking reimbursement
pursuant to Section 17560 shall, and any charter school that elects
to receive block grant funding shall, submit a letter of intent to
the Superintendent of Public Instruction on or before September 30 of
each year requesting block grant funding pursuant to this section.
The Superintendent of Public Instruction shall distribute
funding provided pursuant to subdivision (a) to school districts,
charter schools, and county offices of education pursuant to the
rates set forth in Item 6110-296-0001 of Section 2.00 of the annual
Budget Act. Funding distributed pursuant to this section is in lieu
of reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution for the performance of all activities
specified in subdivision (d) as those activities pertain to school
districts and county offices of education. A school district, county
office of education, or charter school that submits a letter of
intent and receives block grant funding pursuant to this section
shall not also be eligible to submit a claim for reimbursement of
costs incurred for a mandated program set forth in subdivision (d)
for the fiscal year for which the block grant funding is received.
(c) Block grant funding provided to school districts, charter
schools, and county offices of education pursuant to this section is
subject to annual audits required by Section 41020 of the Education
Code.
(d) Block grant funding provided pursuant to this section to
individual school districts, charter schools, and county offices of
education is to support all of the following mandated programs:
(1) Absentee Ballots (CSM 3713; Chapter 77 of the Statutes of 1978
and Chapter 1032 of the Statutes of 2002).
(2) Academic Performance Index (01-TC-22; Chapter 3 of the
Statutes of 1999, First Extraordinary Session; and Chapter 695 of the
Statutes of 2000).
(2)
(3) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes
of 2001).
(3)
(4) AIDS Instruction and AIDS Prevention Instruction
(CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
1991; and Chapter 403
of the Statutes of 1998).
(4)
(5) California State Teachers' Retirement System
Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994;
Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of
the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter
939 of the Statutes of 1999; and Chapter 1021 of the Statutes of
2000).
(5)
(6) Caregiver Affidavits (CSM 4497; Chapter 98 of the
Statutes of 1994).
(6)
(7) Charter Schools I, II, and III (CSM 4437, 99-TC-03,
and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and
673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and
Chapter 78 of the Statutes of 1999).
(8) Child Abuse and Neglect Reporting (01-TC-21: Chapters 640 and
1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991;
Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of
1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754
of the Statutes of 2001).
(7)
(9) Collective Bargaining (CSM 4425; Chapter 961 of the
Statutes of 1975).
(8)
(10) Comprehensive School Safety Plans (98-TC-01 and
99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the
Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(9)
(11) Consolidation of Annual Parent
Notification/Schoolsite Discipline Rules/Alternative Schools (CSM
4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of
the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters
87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of
1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of
the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990;
Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of
1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of
the Statutes of 1998; Chapter 1 of the Statutes of 1999, First
Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter
650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and
Chapter 677 of the Statutes of 2005).
(10)
(12) Consolidation of Law Enforcement Agency
Notification and Missing Children Reports (CSM 4505; Chapter 1117 of
the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
1986; and Chapter 832 of the Statutes of 1999).
(11)
(13) Consolidation of Notification to Teachers: Pupils
Subject to Suspension or Expulsion I and II, and Pupil Discipline
Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(12)
(14) County Office of Education Fiscal Accountability
Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987;
Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the
Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323
of the Statutes of 1992; Chapters 923 and 924 of the Statutes of
1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525
of the Statutes of 1995).
(13)
(15) Criminal Background Checks (97-TC-16; Chapters 588
and 589 of the Statutes of 1997).
(14)
(16) Criminal Background Checks II (00-TC-05; Chapters
594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes
of 1999).
(15)
(17) Differential Pay and Reemployment (99-TC-02;
Chapter 30 of the Statutes of 1998).
(18) Expulsion of Pupil: Transcript Cost for Appeals (SMAS;
Chapter 1253 of the Statutes of 1975).
(16)
(19) Financial and Compliance Audits (CSM 4498 and CSM
4498-A; Chapter 36 of the Statutes of 1977).
(17)
(20) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
1184 of the Statutes of 1975).
(18)
(21) High School Exit Examination (00-TC-06; Chapter 1
of the Statutes of 1999, First Extraordinary Session; and Chapter 135
of the Statutes of 1999).
(19)
(22) Immunization Records (SB 90-120; Chapter 1176 of
the Statutes of 1977).
(20)
(23) Immunization Records--Hepatitis B (98-TC-05;
Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of
1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the
Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172
of the Statutes of 1994; Chapters 291 and 415 of the Statutes of
1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882
of the Statutes of 1997).
(24) Interdistrict Attendance Permits (CSM 4442; Chapters 172 and
742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989;
Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes
of 1992).
(21)
(25) Intradistrict Attendance (CSM 4454; Chapters 161
and 915 of the Statutes of 1993).
(22)
(26) Juvenile Court Notices II (CSM 4475; Chapters 1011
and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of
1994; and Chapter 71 of the Statutes of 1995).
(23)
(27) Mandate Reimbursement Process I and II (CSM 4204,
CSM 4485, and 05-TC-05; Chapter 486 of the Statutes of 1975).
(24)
(28) Notification of Truancy (CSM 4133; Chapter 498 of
the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and
Chapter 19 of the Statutes of 1995).
(25)
(29) Open Meetings/Brown Act Reform (CSM 4257 and CSM
4469; Chapter 641 of the Statutes of 1986; and Chapters 1136, 1137,
and 1138 of the Statutes of 1993).
(26)
(30) Physical Performance Tests (96-365-01; Chapter 975
of the Statutes of 1995).
(27)
(31) Prevailing Wage Rate (01-TC-28; Chapter 1249 of
the Statutes of 1978).
(28)
(32) Pupil Health Screenings (CSM 4440; Chapter 1208 of
the Statutes of 1976; Chapter 373 of the Statutes of 1991; and
Chapter 750 of the Statutes of 1992).
(29)
(33) Pupil Promotion and Retention (98-TC-19; Chapter
100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982;
Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of
1990; and Chapters 742 and 743 of the Statutes of 1998).
(30)
(34) Pupil Safety Notices (02-TC-13; Chapter 498 of the
Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948
of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter
332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992;
Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of
1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the
Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(31)
(35) Pupil Expulsions (CSM 4455; Chapter 1253 of the
Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of
the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter
498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984;
Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of
1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and
1257 of the Statutes of 1993; and Chapter 146 of the Statutes of
1994).
(32)
(36) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of
the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter
668 of the Statutes of 1978; and Chapter 498 of the Statutes of
1983).
(33)
(37) Pupil Suspensions (CSM 4456; Chapter 965 of the
Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of
the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter
856 of the Statutes of 1985; and Chapter 134 of the Statutes of
1987).
(34)
(38) School Accountability Report Cards (97-TC-21,
00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of
1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the
Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759
of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(35)
(39) School District Fiscal Accountability Reporting
(97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the
Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917
and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the
Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213
of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002
of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(36)
(40) School District Reorganization (98-TC-24; Chapter
1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of
1994).
(41) Student Records (02-TC-34; Chapter 593 of the Statutes of
1989).
(37)
(42) The Stull Act (98-TC-25; Chapter 498 of the
Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(38)
(43) Threats Against Peace Officers (CSM 96-365-02;
Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes
of 1995).
(e) The Superintendent of Public Instruction shall compile a list
of all school districts, charter schools, and county offices of
education that received block grant funding in the prior fiscal year
pursuant to this section. This list shall include the total amount
each school district, charter school, and county office of education
received. The Superintendent of Public Instruction shall
provide this information to the appropriate fiscal and policy
committees of the Legislature, the Controller, the Department of
Finance, and the Legislative Analyst Office on or before September 9
of each year.
SEC. 12. Item 6110-485 of Section 2.00 of the
Budget Act of 2011 is amended to read:
6110-485--Reappropriation (Proposition 98),
Department of Education. The sum of $6,824,000
Department of Education. The sum of$17,159,000
is hereby reappropriated from the Proposition
98 Reversion Account for the following
purposes:
0001-- General Fund
(1) The sum of $6,594,000 to the State
Department of Education for transfer
by the Controller to Section A of the
State School Fund for allocation by
the Superintendent of Public
Instruction for apportionment for
special education programs pursuant to
Part 30 (commencing with Section
56000) of Division 4 of Title 2 of the
Education Code.
(2) The sum of $230,000 to the State
Department of Education for transfer
by the Controller to Section A of the
State School Fund for allocation by
the Superintendent of Public
Instruction for the purpose of funding
California School Information Services
administration activities authorized
pursuant to Schedule (2) of Item 6110-
140-0001.
(3) The sum of $10,335,000 to the State
Department of Education for the
transfer by the Controller to Section
A of the State School Fund for
allocation by the Superintendent of
Public Instruction to support special
education authorized pursuant to
Schedule (1) of Item 6110-161-0001.
SEC. 13. Item 6110-488 of Section 2.00 of the
Budget Act of 2011 , as amended by Section 84 of
Chapter 38 of the Statutes of 2012, is amended to read:
6110-488--Reappropriation, Department of Education.
Notwithstanding any other provision of law, the
balances from the following items are available for
reappropriation for the purposes specified in
Provisions 1 to 5, inclusive:
0001--General Fund
(1) $24,000,000 of the unexpended
balance of the amount appropriated
for child care programs in
Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(2) $6,900,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for Economic Impact Aid in Item
6110-128-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(3) $20,000,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for special education in Schedule
(1) of Item 6110-161-0001 of the
Budget Act of 2010 (Ch. 712, Stats.
2010)
(4) $15,121,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the K-3 Class Size
Reduction program in paragraph (9)
of subdivision (a) of Section 38 of
Chapter 12 of the Statutes of 2009
(5) $40,000,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the Quality Education
Investment Act in the 2010-11
fiscal year pursuant to Section
52055.770 of the Education Code
(7) $9,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Learners Supplemental
Instructional Materials program in
paragraph (10) of subdivision (a)
of Section 43 of Chapter 79 of the
Statutes of 2006
(8) $6,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Career Technical Education Program
in Item 6110-167-0001 of the Budget
Act of 2008 (Chs. 268 and 269,
Stats. 2008)
(9) $973,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Class Size
Reduction Program in Item 6110-234-
0001 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(10) $422,000 or whatever greater or
lesser amount represents the
balance available from Schedule (1)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48,
Stats. 2006), as reappropriated in
Item 6870-492 of the Budget Act of
2008 (Chs. 268 and 269, Stats. 2008)
(11) $902,000 or whatever greater or
lesser amount represents the
balance available from Schedules
(7), (8), and (19) of Item 6870-101-
0001 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008)
(12) $1,039,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Special Education
Instruction in Schedule (2) of Item
6110-161-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th
Ex. Sess.)
(13) $82,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Child Nutrition in
Item 6110-651-0001, pursuant to
Section 5 of Chapter 3 of the 2009-
10 Fourth Extraordinary Session, as
amended by Chapter 31 of the 2009-
10 Third Extraordinary Session
(14) $267,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Supplemental
School Counseling Program in Item
6110-108-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(15) $15,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the Special
Education Program in Schedule (2)
of Item 6110-161-0001 of the Budget
Act of 2010 (Ch. 712, Stats. 2010)
(16) $30,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
Partnership Academies in Item 6110-
166-0001 of the Budget Act of 2010
(Ch. 712, Stats. 2010)
(17) $418,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Supplemental
Instruction program in Item 6110-
204-0001 of the Budget Act of 2010
(Ch. 712, Stats. 2010)
(18) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Arts and Music
Block Grant program in Item 6110-
265-0001 of the Budget Act of 2010
(Ch. 712, Stats. 2010)
(19) $18,677,000 or whatever greater or
lesser amount represents the
balance available from Schedules
(1), (7), (8), (9), and (19) of
Item 6870-101-0001 of the Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
(20) $33,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter
Schools Facilities Grant
Program in paragraph (11) of
subdivision (a) of Section 43 of
Chapter 79 of the Statutes of 2006.
(21) $413,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter
Schools Facilities Grant Program
pursuant to Section 47614.5 of the
Education Code (Ch. 215, Stats.
2007).
(22) $18,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
Partnership Academies in Item 6110-
166-0001 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008).
(23) $201,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Supplemental
School Counseling Program in Item
6110-108-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th
Ex. Sess.).
(24) $14,058,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Special Education
Instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th
Ex. Sess.).
(25) $1,003,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the
California Partnership Academies in
Item 6110-166-0001 of the Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.).
(26) $1,334,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter School
Economic Impact Aid Program in
Schedule (2) of Item 6110-211-0001
of the Budget Act of 2009 (Ch. 1,
2009-10 3rd Ex. Sess., as revised
by Ch. 1, 2009-10 4th Ex. Sess.).
(27) $1,275,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Special Education
Instruction in Item 6110-650-0001
(pursuant to Sec. 5, Ch. 3,
2009-10 4th Ex. Sess., as revised
by Ch. 31, 2009-10 3rd Ex. Sess.).
(28) $48,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Tutoring program in Item
6110-227-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010).
(29) $29,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Physical
Education Incentive Grants program
in Item 6110-260-0001 of the Budget
Act of 2010 (Ch. 712, Stats. 2010).
(30) $18,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Certificated
Staff Mentoring program in Item
6110-267-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010).
(31) $5,337,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the After School
Education and Safety program in
Item 6110-649-0001 in the 2008-09
fiscal year, pursuant to Sections
8483.5 and 8483.51 of the Education
Code.
(32) $713,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
(33) $56,717,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for special education instruction
in Schedule (1) of Item 6110-161-
0001 of the Budget Act of 2010 (Ch.
712, Stats. 2010)
(34) $4,000,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the Child Nutrition Program in
Schedule (1) of Item 6110-203-0001
of the Budget Act of 2010 (Ch. 712,
Stats. 2010)
(35) $13,925,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for child care programs in
Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2009 (Ch. 1, 2009-10 3rd Ex. Sess.,
as revised by Ch. 1, 2009-10 4th
Ex. Sess.)
(36) $32,314,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for Child Care Programs in Schedule
(1.5) of Item 6110-196-0001 of the
Budget Act of 2010 (Ch. 712, Stats.
2010)
(37) $11,663,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the After School
Education and Safety program in
Item 6110-649-0001 in the 2009-10
fiscal year, pursuant to Sections
8483.5 and 8483.51 of the Education
Code.
(38) $16,801,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the After School
Education and Safety program in
Item 6110-649-0001 in the 2010-11
fiscal year, pursuant to Sections
8483.5 and 8483.51 of the Education
Code.
(39) $45,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for Categorical Programs for
charter schools in Schedule (1) of
Item 6110-211-0001 of the Budget
Act of 2009 (Ch. 1, 2009-10 3rd Ex.
Sess., as revised by Ch. 1, 2009-10
4th Ex. Sess.)
(40) $5,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for English Language Development
Assessment in Item 6110-651-0001
pursuant to Section 5 of Chapter 3
of the 2009-10 Fourth Extraordinary
Session, as amended by Chapter 31
of the 2009-10 Third Extraordinary
Session.
(41) $652,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for Economic Impact Aid in Item
6110-128-0001 of the Budget Act of
2010 (Ch. 712, Stats. 2010)
(42) $722,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the Early Education Program for
Individuals with Exceptional Needs
in Schedule (2) of Item 6110-161-
0001 of the Budget Act of 2010 (Ch.
712, Stats. 2010)
(43) $2,245,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the Quality Education
Investment Act in the 2010-11
fiscal year pursuant to Section
52055.770 of the Education Code.
(44) $70,000,000 or whatever greater or
lesser amount of the unexpended
balance of the amount appropriated
for the Quality Education
Investment Act in the 2011-12
fiscal year pursuant to Section
52055.770 of the Education Code.
Provisions:
2. The sum of $5,303,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction to support costs during
the 2011-12 fiscal year associated
with the Class Size Reduction
Program operated pursuant to
Chapter 6.10 (commencing with
Section 52120) of Part 28 of
Division 4 of Title 2 of the
Education Code.
3. The sum of $5,673,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction to support California
School Information Services
administration activities
authorized pursuant to Schedule (2)
of Item 6110-140-0001.
4. The sum of $142,021,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for apportionment for
special education programs pursuant
to Part 30 (commencing with Section
56000) of Division 4 of Title 2 of
the Education Code.
5. The sum of $2 2 0 9 ,
137 802 ,000
is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for apportionment for
special education programs pursuant
to Part 30 (commencing with Section
56000) of Division 4 of Title 2 of
the Education Code
SEC. 14. Item 6440-301-6048 is added to Section
2.00 of the Budget Act of 2012 , to read:
6440-301-6048--For capital outlay,
University of California, payable from the
2006 University Capital Outlay Bond Fund .... 4,750,000
Schedule:
Merced Campus
(1) 99.11.075-Classroom and
Academic Office Building-
-Preliminary plans and
working drawings .......... 4,750,000
Provisions:
1. Identified savings in funds
encumbered from this general
obligation bond fund for
construction contracts for capital
outlay projects, remaining after
completion of a capital outlay
project and upon resolution of all
change orders and claims, may be
used prior to the appropriation
reversion date: (a) to begin working
drawings for a project for which
preliminary plan funds have been
appropriated and the plans have been
approved by the State Public Works
Board consistent with the scope and
cost approved by the Legislature as
adjusted for inflation only, (b) to
proceed further with the underground
tank corrections program, (c) to
perform engineering evaluations on
buildings that have been identified
as potentially in need of seismic
retrofitting, (d) to proceed with
design and construction of projects
to meet requirements under the
federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), or (e) to fund minor capital
outlay projects.
2. The funds provided in this item
shall be available for expenditure
only if the University of California
requires the payment of prevailing
wage rates by the contractors and
subcontractors on all projects in
this item and on all other capital
outlay projects undertaken by the
University of California that are
funded using nonstate funds or are
otherwise not financed with the
funds appropriated in this item.
This requirement shall represent a
moratorium on granting further
exceptions to paying prevailing wage
rates until June 30, 2013.
SEC. 15. The Legislature expects the University of
California to enroll a total of 209,977 state-supported full-time
equivalent students during the 2012-13 academic year. This enrollment
target does not include nonresident students and students enrolled
in nonstate supported summer programs. As a condition of receipt of
funds pursuant to Item 6440-001-0001 of Section 2.00 of the Budget
Act of 2012, the University of California shall report to the
Legislature by May 1, 2013, on whether it has met the 2012-13
academic year enrollment goal.
SEC. 16. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because this act implements a federal law or regulation
and results only in costs mandated by the federal government, within
the meaning of Section 17556 of the Government Code.
SEC. 17. The sum of two hundred thirty thousand
dollars ($230,000) is hereby appropriated from federal Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.)
carryover funds to the State Department of Education to provide
oversight of, and technical assistance and monitoring to, local
educational agencies regarding changes to the requirements related to
the identification and provision of behavior intervention services
included in this act. In providing technical assistance to local
educational agencies, the State Department of Education shall
incorporate the policy guidance disseminated by the Office of Special
Education Programs of the United States Department of Education on
functional behavioral assessments and positive behavioral
interventions and plans. As part of this effort, the State Department
of Education shall convene a stakeholder group made up of
legislative staff, representatives from the Department of Finance,
representatives from the Legislative Analyst's Office, public and
private program administrators, parents and advocates, including
parents and advocates of youth with disabilities, persons with
expertise in functional behavioral assessment and developing and
implementing positive behavioral interventions, institutions of
higher education, and professional organizations to discuss the
impact of changes to law and regulations, develop and disseminate
nonmandatory guidance, identify and recommend practices based on
peer-reviewed research, and identify model programs and adjust data
collection and monitoring activities.
SEC. 18. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, June 25, 2012. (JR11)
