Bill Text: CA AB1840 | 2017-2018 | Regular Session | Amended
Bill Title: Education finance.
Spectrum: Committee Bill
Status: (Passed) 2018-09-17 - Chaptered by Secretary of State - Chapter 426, Statutes of 2018. [AB1840 Detail]
Download: California-2017-AB1840-Amended.html
Amended
IN
Senate
August 14, 2018 |
Assembly Bill | No. 1840 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, |
January 10, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
With respect to Section 30 of this act:SEC. 2.
Section 313 of the Education Code, as amended by Section 2 of Chapter 478 of the Statutes of 2013, is repealed.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of
proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 2000–01 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily utilize the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 2013–14 school year, whichever occurs later.
(2)The assessment shall be conducted annually during a period that commences on the day upon which 55 percent of the instructional year is completed through July 1 of that calendar year. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily utilize the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment shall be conducted upon the
initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior year’s annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)The reclassification procedures developed by the department shall utilize multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following:
(1)Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810.
(2)Teacher evaluation, including, but not limited to, a review of the pupil’s curriculum mastery.
(3)Parental opinion and
consultation.
(4)Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)This section shall remain in effect only until the Superintendent reports to the appropriate policy committees of the Legislature pursuant to paragraph (2) of subdivision (h) of Section 60810 as
added by the chapter that added this subdivision during the 2013–14 Regular Session, and as of January 1 of the following year, this section is repealed.
SEC. 3.
Section 313 of the Education Code, as added by Section 3 of Chapter 478 of the Statutes of 2013, is amended to read:313.
(a) Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.(h)This section shall become operative when the Superintendent reports to the appropriate policy committees of the
Legislature pursuant to paragraph (2) of subdivision (h) of Section 60810 as added by the chapter that added this subdivision during the 2013–14 Regular Session.
SEC. 4.
Section 8265.5 of the Education Code is amended to read:8265.5.
(a) In order to reflect the additional expense of serving children who meet any of the criteria outlined in(c)
(d)
(e)
SEC. 5.
Section 41320 of the Education Code is amended to read:41320.
As a condition to any emergency apportionment to be made pursuant to Section(d)
(e)
(f)
SEC. 6.
Section 41320.1 of the Education Code is amended to read:41320.1.
Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions:(b)
(c)
(d)
(e)
(f)
SEC. 7.
Section 41321 of the Education Code is amended to read:41321.
(a) On or before October 31 of the year following receipt of an emergency apportionment, and each year thereafter, until the emergency apportionment, including interest, is repaid, the governing board of the school district shall prepare a report on the financial condition of the school district. The report shall include, but not necessarily be limited to, all of the following information:SEC. 8.
Section 41325 of the Education Code is amended to read:41325.
(a) The Legislature finds and declares that when a school district becomes insolvent and requires an emergency apportionment from the state in the amount designated in this article, it is necessary that theSEC. 9.
Section 41326 of the Education Code is amended to read:41326.
(a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision.(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(3)
SEC. 10.
Section 41327 of the Education Code is amended to read:41327.
(a) In accordance with timelines, instructions, and a format established by theSEC. 11.
Section 41327.1 of the Education Code is amended to read:41327.1.
(a) The state board shall adopt and may periodically update by regulation a comprehensive list of professional and legal standards that all school districts are encouraged to use as a guide to conduct a good educational program and fiscal and management practices that shall be used as the basis of evaluating the improvement of qualifying school districts pursuant to this article. These standards shall, at a minimum, address all of the following areas:SEC. 12.
Section 41327.2 of the Education Code is amended to read:41327.2.
(a) The appointment of an administrator pursuant to Section 41326 does not remove any statutory rights, duties, or obligations from the county superintendent of schools. The county superintendent of schools retains the responsibility to superintend school districts under his or her jurisdiction.SEC. 13.
Chapter 6.5 (commencing with Section 42160) is added to Part 24 of Division 3 of Title 2 of the Education Code, to read:CHAPTER 6.5. School Districts in Financial Distress
42160.
(a) For the 2018–19 fiscal year, by March 1, 2019, the Oakland Unified School District, in collaboration with and with the concurrence of the Alameda County Office of Education and the County Office Fiscal Crisis and Management Assistance Team, shall do both of the following:42161.
(a) For the 2018–19 fiscal year, the Inglewood Unified School District shall do both of the following:SEC. 14.
Section 44416 of the Education Code is amended to read:44416.
(a) For the 2018–19 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the commission to establish the Local Solutions Grant Program to provide one-time competitive grants to local educational agencies to develop and implement new, or expand existing, locally identified solutions that address a local need for special education teachers. This funding shall be available for encumbrance through June 30, 2023, and available for liquidation through June 30,SEC. 15.
Section 46392 of the Education Code is amended to read:46392.
(a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:SEC. 16.
Section 47606.5 of the Education Code is amended to read:47606.5.
(a) On or before July 1, 2015, and each year thereafter, a charter school shall update the goals and annual actions to achieve those goals identified in the charter petition pursuant to subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010.
(c)
(d)
(e)
SEC. 17.
Section 52060 of the Education Code is amended to read:52060.
(a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board.(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in subdivision (a) of Section 52052.
(2)A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district.
SEC. 18.
Section 52061 of the Education Code is amended to read:52061.
(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52060.
(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of
changes to the specific actions the school district will make as a result of the review and assessment.
(3)A listing and description of the expenditures for the fiscal year implementing the specific actions included in the local control and accountability plan and the changes to the specific actions made as a result of the reviews and assessment required by paragraphs (1) and (2).
(4)A listing and description of expenditures for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient.
(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010.
SEC. 19.
Section 52064 of the Education Code is amended to read:52064.
(a) On or before March 31, 2014, the state board shall adopt(b)The templates developed by the state board shall allow a school district, county superintendent of schools, or charter school to complete a single local control and accountability plan to
meet the requirements of this article and the requirements of the federal No Child Left Behind Act of 2001 related to local educational agency plans pursuant to Section 1112 of Subpart 1 of Part A of Title I of Public Law 107-110. The state board shall also take steps to minimize duplication of effort at the local level to the greatest extent possible. The template shall include guidance for school districts, county superintendents of schools, and charter schools to report both of the following:
(1)A listing and description of expenditures for the 2014–15 fiscal year, and each fiscal year thereafter, implementing the specific actions included in the local control and accountability plan.
(2)A listing and description of expenditures for the 2014–15 fiscal year, and each fiscal year thereafter, that will serve the pupils to whom one or more of the definitions in Section 42238.01
apply and pupils redesignated as fluent English proficient.
(d)The
(e)
(f)
(g)The
SEC. 20.
Section 52065 of the Education Code is amended to read:52065.
(a) The superintendent of a school district shall post prominently on the homepage of the Internet Web site of the school district any local control and accountability plan approved by the governing board of the school district, and any updates or revisions to a local control and accountability plan approved by the governing board of the school district.SEC. 21.
Section 52066 of the Education Code is amended to read:52066.
(a) On or before July 1, 2014, each county superintendent of schools shall develop, and present to the county board of education for adoption, a local control and accountability plan using a template adopted by the state board.(1)A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d), as applicable to the pupils served, and for any additional local priorities identified by the county board of education.
(2)A description of the specific actions the county superintendent of schools will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the county superintendent of schools.
SEC. 22.
Section 52067 of the Education Code is amended to read:52067.
(1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52066.
(2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving
the goals, and a description of changes to the specific actions the county office of education will make as a result of the review and assessment.
(3)A listing and description of the expenditures for the fiscal year implementing the specific actions included in the local control and accountability plan as a result of the reviews and assessment required by paragraphs (1) and (2).
(4)A listing and description of expenditures for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient.
(b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010.
SEC. 23.
Section 52074 of the Education Code is amended to read:52074.
(a) The California Collaborative for Educational Excellence is hereby established.(1)
(2)
SEC. 24.
Section 60810 of the Education Code, as amended by Section 108 of Chapter 32 of the Statutes of 2018, is repealed.(a)(1)The Superintendent shall review existing tests that assess the English language development of pupils whose primary language is a language other than English. The tests shall include, but not be limited to, an assessment of achievement of these pupils in English reading, speaking, and written skills. The Superintendent shall determine which tests, if any, meet the requirements of subdivisions (b) and (c). If any existing test or series of tests meets these criteria, the Superintendent, with approval of the state board, shall report to the Legislature on its findings and recommendations.
(2)If no suitable test exists, the Superintendent shall explore the option of a collaborative effort with other states to develop a test or series
of tests and share test development costs. If no suitable test exists, the Superintendent, with approval of the state board, may contract to develop a test or series of tests that meets the criteria of subdivisions (b) and (c), contract to modify an existing test or series of tests so that it will meet the requirements of subdivisions (b) and (c), or amend the contract authorized pursuant to Section 60643 so that a test or a series of tests are developed or modified to meet the requirements of subdivisions (b) and (c).
(3)The Superintendent and the
state board shall release a request for proposals for the development of the test or series of tests required by this subdivision. The state board shall select a contractor or contractors for the development of the test or series of tests required by this subdivision, to be available for administration during the 2000–01 school year.
(4)The Superintendent shall apportion funds appropriated to enable school districts to meet the requirements of subdivision (d). The state board shall establish the amount of funding to be apportioned per test administered, based on a review of the cost per test.
(5)An adjustment to the amount of funding to be apportioned per test is not valid without the approval of the Director of Finance. A request for approval of an adjustment to the amount of funding to be apportioned per test shall be submitted in writing to the Director of Finance and the
chairpersons of the fiscal committees of both houses of the Legislature with accompanying material justifying the proposed adjustment. The Director of Finance is authorized to approve only those adjustments related to activities required by statute. The Director of Finance shall approve or disapprove the amount within 30 days of receipt of the request and shall notify the chairpersons of the fiscal committees of both houses of the Legislature of the decision.
(b)(1)The test or series of tests developed or acquired pursuant to subdivision (a) shall have sufficient range to assess pupils in grades 2 to 12, inclusive, in English listening, speaking, reading, and writing skills. Pupils in kindergarten and grade 1 shall be assessed in English listening and speaking, and, once an assessment is developed, early literacy skills. The early literacy assessment shall be administered for a period of four years beginning after the
initial administration of the assessment or until July 1, 2017, whichever occurs last. Six months after the three administered assessments are collected, but no later than June 30, 2013, the department shall report to the Legislature on the administration of the kindergarten and grade 1 early literacy assessment results, as well as on the administrative process, in order to determine whether reauthorization of the early literacy assessment is appropriate.
(2)In the development and administration of the assessment for pupils in kindergarten and grade 1, the department shall minimize any additional assessment time, to the extent possible. To the extent that it is technically possible, items that are used to assess listening and speaking shall be used to measure early literacy skills. The department shall ensure that the test and procedures for its administration are age and developmentally appropriate. Age and developmentally appropriate
procedures for administration may include, but are not limited to, one-on-one administration, a small group setting, and orally responding or circling a response to a question.
(c)The test or series of tests shall meet all of the following requirements:
(1)Provide sufficient information about pupils at each grade level to determine levels of proficiency ranging from no English proficiency to fluent English proficiency with at least two intermediate levels.
(2)Have psychometric properties of reliability and validity deemed adequate by technical experts.
(3)Be capable of administration to pupils with any primary language other than English.
(4)Be capable of administration by classroom
teachers.
(5)Yield scores that allow comparison of the growth of a pupil over time, can be tied to readiness for various instructional options, and can be aggregated for use in the evaluation of program effectiveness.
(6)Not discriminate on the basis of race, ethnicity, or gender.
(7)Be aligned with the standards for English language development adopted by the state board pursuant to Section 60811.
(8)Be age and developmentally appropriate for pupils.
(d)The test shall be used for the following purposes:
(1)To identify pupils who are limited English proficient.
(2)To determine the level of English language proficiency of pupils who are limited English proficient.
(3)To assess the progress of limited-English-proficient pupils in acquiring the skills of listening, reading, speaking, and writing in English.
(e)(1)A pupil in any of grades 3 to 12, inclusive, shall not be required to retake those portions of the test that measure English language skills for which he or she has previously tested as advanced within each appropriate grade span, as determined by the department in accordance with paragraph (8) of subdivision (c).
(2)Notwithstanding paragraph (1), a pupil in any of grades 10 to 12, inclusive, shall not be required to retake those portions of the test that measure English language skills for which he or she has previously tested
as early advanced or advanced.
(3)This subdivision shall not be implemented until the test publisher’s contract that is in effect on January 1, 2012, expires.
(4)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that implementation is permitted by federal law.
(f)This section shall remain in effect only until the Superintendent reports to the appropriate policy committees of the Legislature pursuant to paragraph (2) of subdivision (h) of Section 60810 as added by the chapter that added this subdivision during the 2013–14 Regular Session, and as of January 1 of the following year, this section is repealed.
SEC. 25.
Section 66093.4 is added to the Education Code, to read:66093.4.
(a) It is the intent of the Legislature to affirm the ability of the University of California to provide services, benefits, and assistance to all students enrolled at the University of California.SEC. 26.
Section 78222 of the Education Code is amended to read:78222.
(a) (1) The Student Equity and Achievement Program is hereby established.(3)
(4)Up to 1 percent of the total funds allocated to a district for the purposes of this program may be used by the district for faculty and staff development to improve curriculum, instruction, student services, and program practices in basic skills and English as a second language programs pursuant to Section 88815.
SEC. 27.
Section 84750.41 of the Education Code is amended to read:84750.41.
(a) There is hereby established the Community College Student Success Funding Formula Oversight Committee for the purpose of continuously evaluating and reviewing the implementation of the student success funding formula established pursuant to Section 84750.4.(b)It is the intent of the Legislature that the membership, duties, and responsibilities of the oversight committee be further refined and determined through the legislative process, with final decisions made before the end of the 2018–19 Regular Session.
(c)At a minimum, one of the duties of the oversight committee shall be developing an implementation plan, including a
timeline, for collecting data on the number of first-generation college students enrolled at community colleges for the purpose of including this information in the student success metrics by the 2022–23 fiscal year.
SEC. 28.
Section 17581.6 of the Government Code is amended to read:17581.6.
(a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (e).SEC. 29.
Section 17581.97 of the Government Code is amended to read:17581.97.
(a) (1) For the 2018–19 fiscal year, the sum of six hundred ninety-seven million seven hundred fifty-nine thousand dollars ($697,759,000) is hereby appropriated from the General Fund to the Controller for transfer to Section A of the State School Fund for allocation by the State Department of Education to school districts in the manner, and for the purposes, set forth in this section.SEC. 30.
Section 28160 of the Vehicle Code is amended to read:28160.
(a) On or before January 1, 2018, the department shall adopt regulations governing the specifications, installation, and use of child safety alert systems.(c)
(d)
SEC. 31.
Section 77 of Chapter 15 of the Statutes of 2017 is amended to read:SEC. 77.
(a) For the 2017–18 fiscal year, the sum of four hundred thousand dollars ($400,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for support and development of the Local ControlSEC. 32.
Section 131 of Chapter 32 of the Statutes of 2018 is amended to read:SEC. 131.
(a) For the 2018–19 fiscal year, the sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation for grants pursuant to Section 8460 of the Education Code to be available for the 2018–19, 2019–20, and 2020–21 fiscal years.SEC. 33.
Section 133 of Chapter 32 of the Statutes of 2018 is amended to read:SEC. 133.
(a) The sum of fifty million dollars ($50,000,000), is hereby appropriated to the Controller for transfer to Section A of the State School Fund for allocation by the State Department of Education for the Classified School Employee Summer Assistance Program.(o)
SEC. 34.
Section 134 of Chapter 32 of the Statutes of 2018 is amended to read:SEC. 134.
(a) For the 2018–19 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the State Department of Education to establish the Classified School Employee Professional Development Block Grant Program. For purposes of the Classified School Employee Professional Development Block Grant Program, the State Department of Education(1)
(2)
SEC. 35.
(a) For the 2018–19 fiscal year, the sum of twenty-one million one hundred forty-six thousand dollars ($21,146,000) is hereby appropriated from the General Fund to the California School Finance Authority established pursuant to Section 17172 of the Education Code. This appropriation shall be available to the California School Finance Authority to support programmatic costs for the Charter School Facility Grant Program established pursuant to Section 47614.5 of the Education Code attributable to the 2017–18 fiscal year.SEC. 36.
(a) For the 2018–19 fiscal year, the sum of two hundred thousand dollars ($200,000) is hereby appropriated from the General Fund to the State Department of Education to support updating the Local Control Accountability Plan Electronic Template system to reflect changes to the template for a local control and accountability plan and an annual update to the local control and accountability plan, as described in Section 52064 of the Education Code.SEC. 37.
With respect to Section 13 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the financial distress faced by the Oakland Unified School District and the Inglewood Unified School District.SEC. 38.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 39.
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.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2018.