Amended  IN  Senate  June 11, 2024
Amended  IN  Assembly  April 11, 2024
Amended  IN  Assembly  April 08, 2024
Amended  IN  Assembly  March 07, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2137

Introduced by Assembly Member Quirk-Silva
(Coauthors: Assembly Members Alanis and Ta) Aguiar-Curry, Alanis, Lackey, Pellerin, Petrie-Norris, and Weber)

February 06, 2024

An act to amend Sections 42921, 51225.7, 52062, 52064, and 52068 of the Education Code, relating to homeless and foster youth.


LEGISLATIVE COUNSEL'S DIGEST


AB 2137, as amended, Quirk-Silva. Homeless and foster youth.
(1) Existing law establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that local educational agencies within its jurisdiction are providing services to foster youth pupils pursuant to a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. The program authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. If sufficient funds are available, existing law requires each foster youth services coordinating program to identify at least one person as the foster youth educational services coordinator, who is responsible for facilitating educational support, as specified, to any pupil in foster care residing or attending school in the county or consortium of counties. As a condition of receiving funds, existing law requires a foster youth services coordinating program to develop and implement a foster youth services plan that includes, among other things, authorization of a school district, when specified conditions apply, to enter into a temporary agreement with the foster youth services coordinating program to provide tutoring, mentoring, and counseling services to pupils, as provided.
This bill instead would authorize a foster youth services coordinating program to provide tutoring, mentoring, and counseling services to a foster youth pupil, if a foster youth educational services coordinator determines, as specified, that the foster youth services coordinator is unable to secure those services provided by the foster youth pupil’s school district and if those services are established as needed and identified by the foster youth educational services coordinator.

(2)Existing law requires the governing body of a school district, county office of education, or charter school to confirm that a grade 12 pupil who has not opted out, as specified, completes and submits a Free Application for Federal Student Aid or, if the pupil is exempt from paying nonresident tuition under existing law, completes and submits a specified form for purposes of the California Dream Act, as provided. If a school district, county office of education, or charter school determines that pupil is unable to complete and submit a Free Application for Federal Student Aid, a form for purposes of the California Dream Act, or an opt-out form, existing law requires the local educational agency to exempt the pupil from these requirements and requires the local educational agency to complete and submit an opt-out form on the pupil’s behalf.

This bill would require a school district, county office of education, or charter school to submit to the foster youth services coordinating program completed opt-out forms, no later than 14 calendar days following completion, whether received from the parent, guardian, or pupil or prepared on behalf of the pupil by the local educational agency, for pupils who are foster youth, as defined. To the extent that these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.

(3)

(2) Existing law requires the governing board of each school district and each county board of education to adopt a local control and accountability plan, as provided. Existing law requires that certain things occur before a governing board of a school district or county board of education considers the adoption of a local control and accountability plan or an annual update to the plan, including that the superintendent of the school district or county superintendent of schools present the local control and accountability plan or annual update to the plan to the parent advisory committee, the English learner parent advisory committee, and the student advisory committee, as applicable, for review and comment, as provided.
This bill would also require, before a governing board of school district or county board of education considers adoption of the local control and accountability plan or annual update to the plan, that the superintendent of the school district or county superintendent of schools consult with its homeless liaison designated under federal law and its designated foster youth liaison to develop actions to address the requirements established by the bill as described in paragraph (4) (3) below. To the extent that these provisions would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program.

(4)

(3) Existing law requires the State Board of Education to adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for use by school districts, county offices of education, and charter schools. Existing law requires the template adopted by the state board to require the inclusion of certain information, including, among other things, instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the plan, as specified. Existing law requires these instructions to specify that beginning with local control and accountability plans for the 2024–25 school year, school districts, county offices of education, and charter schools shall include specific actions in the plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard, as provided.
This bill would require these instructions developed by the state board to require, beginning with the 2025–26 school year, school districts, county offices of education, and charter schools to include in the local control and accountability plan, if the number of homeless pupils identified is less than 10% of the number of pupils identified as eligible for free or reduced price meals, as specified, a description of how the school district, county office of education, or charter school has implemented or intends to implement certain provisions regarding identification of homeless children and youths and unaccompanied youths. The bill would require the instructions to also require, beginning with the 2025–26 school year, that school districts, county offices of education, and charter schools that had homeless pupils or foster pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, develop, in consultation with, for homeless pupils, its homeless liaison designated under federal law, and, for foster pupils, its designated foster youth liaison, specific actions in the plan to address those circumstances, as provided. To the extent that implementation of the instructions developed by the state board pursuant to these provisions would impose additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program.

(5)

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 42921 of the Education Code is amended to read:

42921.
 (a) A county office of education, or a consortium of county offices of education, may apply to the Superintendent for grant funding, to the extent funds are available, to operate an education-based foster youth services coordinating program to provide educational support for pupils in foster care.
(b) Each foster youth services coordinating program operated pursuant to this chapter, if sufficient funds are available, shall have at least one person identified as the foster youth educational services coordinator. The foster youth educational services coordinator shall facilitate the provision of educational support pursuant to subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties.
(c) For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, or a foster child who is detained in a county-operated juvenile detention facility.
(d) It is the intent of the Legislature that pupils in foster care with the greatest need for services be identified as the first priority for foster youth services coordinating programs. Priority shall be given to pupils who are living in out-of-home placements.
(e) As a condition of receiving funds pursuant to this chapter, each foster youth services coordinating program operated by a county office of education or a consortium of county offices of education pursuant to this chapter shall develop and implement a foster youth services coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following:
(1) (A) A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of the following:
(i) Building the capacity of county agencies, school districts, and community organizations to better support the educational success of pupils in foster care.
(ii) Facilitating collaboration between county agencies, school districts, and community organizations to ensure coordinated and nonduplicative service delivery and to ensure pupils in foster care receive the educational supports and services they need to succeed in school. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs.
(iii) Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts.
(B) The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. As necessary, and in accordance with Section 48853.5, the foster youth services coordinating program may pay for the cost of transportation to support this subparagraph.
(i) If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring transfers are done at an educationally appropriate time, educational records are quickly transferred, appropriate partial credits are awarded, and the pupil in foster care is quickly enrolled in appropriate classes.
(ii) In determining the appropriate educational placement of foster youth pupils, local educational agencies, county welfare agencies, and county probation departments shall consult with an educational rights holder, caregiver, social worker, teacher, counselor, court-appointed special advocate, other stakeholders, and the pupil, as appropriate. The purpose of the consultation shall be to ensure all educational programmatic options are considered, including, but not limited to, English learner, special education, advanced placement, and career technical education.
(2) (A) If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupil’s school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil.
(B) It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) in their local control and accountability plans when describing their services for foster youth pupils as required pursuant to paragraph (10) of subdivision (d) of Section 52066.
(C) It is the intent of the Legislature that county offices of education, in the development and adoption of their local control and accountability plans, include information specific to the transition requirement established pursuant to subdivision (b) of Section 42920.5, when describing the coordination of services for foster youth pupils required pursuant to paragraph (10) of subdivision (d) of Section 52066.
(3) (A) Policies and procedures to ensure educational placement for a foster youth pupil is not delayed, including, but not limited to, facilitating the establishment of an individualized education program in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if applicable, the transfer of records, transcripts, and other relevant educational information.
(B) The plan shall also describe how the program will facilitate coordination with local postsecondary educational institutions, including, but not limited to, the California Community Colleges, the California State University, and the University of California, to ensure foster youth pupils meet admission requirements and access programs that support their matriculation needs. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12.
(4) Policies and procedures for local educational agencies, county welfare agencies, and county probation departments to share all relevant educational information for foster youth to ensure the court has updated and accurate information as it makes decisions regarding foster youths.
(f) When developing the plan required pursuant to this section, the county office of education, or the consortium of county offices of education, shall consider the needs of specific age groups, pupils in foster care in specific geographic areas with the highest concentration of pupils in foster care, and pupils in foster care with the greatest academic need. A foster youth services coordinating program is encouraged to first provide services for pupils in foster care who reside in group homes, institutional settings, or other placements with pupils with high academic needs, as determined by the local Executive Advisory Council.
(g) (1) Each foster youth services coordinating program operated pursuant to this chapter shall establish a local interagency Executive Advisory Council.
(2) The Executive Advisory Council may include representatives from the county child welfare agency, the county probation department, local educational agencies, local postsecondary educational institutions, and community organizations. If possible, the Executive Advisory Council may include, but is not limited to, foster youth, caregivers, educational rights holders, dependency attorneys, court representatives, court-appointed special advocates, and other interested stakeholders.
(3) The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council.
(4) The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e).

SEC. 2.Section 51225.7 of the Education Code is amended to read:
51225.7.

(a)For purposes of this section, the following definitions apply:

(1)“Foster youth” has the same meaning as defined in Section 42238.01 and includes a foster child who is detained in a county-operated juvenile detention facility.

(2)

“Local educational agency” means a school district, county office of education, or charter school.

(3)

“Opt-out form” means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupil’s behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.

(4)

“Outreach program” means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following:

(A)Assisting pupils with financial aid application completion.

(B)Serving pupils who are eligible to submit a California Dream Act Application.

(5)

“Pupil” means a pupil in grade 12 attending a high school maintained by a local educational agency.

(b)Commencing with the 2022–23 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:

(1)The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.

(2)If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act.

(c)The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).

(d)If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupil’s parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit an opt-out form on the pupil’s behalf. For pupils who are foster youth, the local educational agency shall submit a copy of these opt-out forms and of those forms submitted pursuant to subdivision (c) to the foster youth services coordinating program established pursuant to Section 42921 no later than 14 calendar days following the date that the opt-out form is completed.

(e)The governing board or body of the local educational agency shall ensure both of the following:

(1)The local educational agency directs each high school pupil and, if applicable, the pupil’s parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.

(2)Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any person’s immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.

(f)On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:

(1)The department shall share the current school year’s roster of pupils with the Student Aid Commission.

(2)The Student Aid Commission shall match the data described in paragraph (1) with a pupil’s application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.

(3)The Student Aid Commission shall provide the California College Guidance Initiative, described in Section 10861, with the discrete data necessary to inform the educator reports available through www.californiacolleges.edu so that educators can ensure that each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act Application.

(g)It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data matching required by paragraph (2) of subdivision (f) be linked through, and conducted in accordance with the privacy requirements of, the California Cradle-to-Career Data System, to avoid a duplicative data matching requirement and to ensure data privacy.

(h)The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.

(i)A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupil’s ability to graduate.

SEC. 3.SEC. 2.

 Section 52062 of the Education Code is amended to read:

52062.
 (a) Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee.
(2) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee.
(3) The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4) The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5) The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6) The superintendent of the school district shall consult with its homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraphs (6) and (7) of subdivision (e) of Section 52064.
(7) The superintendent of the school district shall consult with its foster youth liaison designated pursuant to subdivision (c) of Section 48853.5 to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (7) of subdivision (e) of Section 52064.
(8) (A) The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district.
(B) The report shall include both of the following:
(i) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan.
(ii) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan.
(b) (1) A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127.
(2) A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127.
(c) A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.

SEC. 4.SEC. 3.

 Section 52064 of the Education Code is amended to read:

52064.
 (a) On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:
(1) For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive.
(2) For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive.
(3) For use by charter schools to meet the requirements of Section 47606.5.
(b) On or before January 31, 2022, the template adopted by the state board shall require the inclusion of all of the following information:
(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 subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, subdivision (d) of Section 52060, or subdivision (d) of Section 52066, as applicable, and for any additional local priorities identified by the governing board of the school district, the county board of education, or in the charter school petition. 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 that the school district, county office of education, or charter school will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including actions to implement work related to technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. The specific actions shall not supersede the provisions of existing local collective bargaining agreements, if any, within the jurisdiction of the school district, county office of education, or charter school.
(3) One or more summary tables listing and describing the budgeted expenditures for the ensuing fiscal year implementing each specific action included in the local control and accountability plan, including expenditures and specific actions for the ensuing fiscal year that will serve unduplicated pupils, as defined in Section 42238.02, including long-term English learners, and pupils redesignated as fluent English proficient. The summary table or tables shall include both of the following:
(A) The total overall expenditures for all specific actions included in the local control and accountability plan, broken down by personnel and nonpersonnel expenditures.
(B) The subtotals of expenditures for each specific action included in the local control and accountability plan broken down into the following categories:
(i) Funds apportioned under the local control funding formula pursuant to Section 42238.02.
(ii) All other state funds.
(iii) All local funds.
(iv) All federal funds.
(4) One or more summary tables listing and describing all of the specific actions and budgeted expenditures in paragraph (3) that contribute to the demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, grouped as follows:
(A) Specific actions and budgeted expenditures provided to all pupils on a districtwide, countywide, or charterwide basis.
(B) Specific actions and budgeted expenditures that are targeted only to one or more unduplicated pupil subgroups. For these specific actions, the description shall specify the unduplicated pupil subgroup or subgroups that are targeted by each specific action and, if not provided at all schools, the school or schools where the specific action is provided.
(C) Only for school districts and county offices of education that operate more than one schoolsite, specific actions and budgeted expenditures provided to all pupils on a schoolwide basis, but only at schools serving certain grade spans or only at one or more schools. For these specific actions, the description shall specify the school or schools at which the specific action is provided.
(5) An estimate of the funds to be apportioned in the ensuing fiscal year on the basis of the number and concentration of unduplicated pupils and calculation of the percent the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(6) (A) A demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in the ensuing fiscal year in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07.
(B) As part of the demonstration required by subparagraph (A), the summary tables required by paragraph (4) shall demonstrate both of the following:
(i) That the full proportionality obligation referenced in paragraph (1) of subdivision (a) of Section 42238.07 is being met annually through the listed actions and services.
(ii) Each action’s quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated pupils over and above the level of services provided to all pupils, consistent with the regulations adopted by the state board pursuant to Section 42238.07.
(7) A review of the progress toward the goals included in the existing local control and accountability plan, a review of any changes in the applicability of the goals, an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing local control and accountability plan toward achieving the goals, a description of changes to the specific actions and related expenditures or quality improvements the school district, county office of education, or charter school will make as a result of the review and assessment, and an update on progress implementing the specific actions in the current fiscal year, including estimated actual expenditures for the specific actions and actual quality improvements.
(8) (A) The calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07.
(B) If applicable to the school district, county office of education, or charter school pursuant to subdivision (d) of Section 42238.07, a description of the specific actions and related expenditures to be implemented using the funds specified in that subdivision, including a demonstration that the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07.
(9) A plan summary that includes general information about the school district, county office of education, or charter school and highlights of the local control and accountability plan and annual update to the local control and accountability plan, including reflections on annual performance on the California School Dashboard authorized in Section 52064.5 and other local data and, as applicable, a summary of the work underway as part of technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5.
(10) A summary of the stakeholder engagement process, including stakeholders at schools generating funding pursuant to Section 42238.024, and how stakeholder engagement influenced the development of the adopted local control and accountability plan and annual update to the local control and accountability plan.
(11) For local educational agencies that receive concentration grant funding pursuant to Section 42238.02, a demonstration that the additional funding received as a result of the increased concentration grant add-on percent specified in subparagraph (B) of paragraph (1) of subdivision (f) of Section 42238.02 will be used to increase the number of credentialed staff, classified staff, or both of those, that provide direct services to pupils, including custodial staff, on school campuses with greater than 55-percent unduplicated pupil enrollment in the prior year as compared to the staff-to-pupil ratios at schools within the local educational agency with an unduplicated pupil enrollment in the prior year of 55 percent or less, if any.
(c) If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926.
(d) (1) The template for the local control and accountability plan and annual update to the local control and accountability plan shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The state board shall include instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the local control and accountability plan consistent with the requirements of this section. The state board may include more technical language in the instructions.
(2) Except as provided in paragraph (3), the state board shall not require school districts, county offices of education, or charter schools to provide any information in addition to the information required pursuant to subdivision (b).
(3) The state board may require the inclusion of additional information in the template in order to meet requirements of federal law, including meeting the requirements of Section 300.600 of Title 34 of the Code of Federal Regulations.
(e) (1) The process of developing and annually updating the local control and accountability plan shall support school districts, county offices of education, and charter schools in comprehensive strategic planning, accountability, and improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard, and any locally identified priorities through meaningful engagement with local stakeholders.
(2) In developing the template for the local control and accountability plan and annual update to the local control and accountability plan, the state board shall ensure that school districts, county offices of education, and charter schools track and report their progress annually on all state priorities, including the applicable metrics specified within each state priority and, for charter schools, in accordance with Section 47606.5.
(3) For each action and budgeted expenditure provided to all pupils on a districtwide, countywide, or charterwide basis pursuant to Section 42238.07, one or more specific metrics to monitor the intended outcome of that action and budgeted expenditure shall be identified.
(4) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools should prioritize the focus of the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan within one or more state priorities. The instructions shall further specify that school districts, county offices of education, and charter schools shall consider their performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5 in determining whether and how to prioritize the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan.
(5) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools that have a numerically significant English learner pupil subgroup shall include specific actions in the local control and accountability plan related to, at a minimum, the language acquisition programs, as defined in Section 306, provided to pupils and professional development activities specific to English learners, including long-term English learners.
(6) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify, beginning with local control and accountability plans for the 2025–26 school year, that school districts, county offices of education, and charter schools with a number of homeless pupils identified that is less than 10 percent of the number of pupils identified as eligible for free or reduced-price meals, as defined in Section 42238.01, for purposes of determining the local control funding formula allocation under the local control funding formula for the previous year, shall include a description of how the school district, county office of education, or charter school has implemented or intends to implement Section 48851.
(7) (A) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 2024–25 school year, school districts, county offices of education, and charter schools shall include specific actions in the local control and accountability plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. The results of the California School Dashboard in the year preceding the adoption of the local control and accountability plan shall determine the instances of low performance that shall apply for the three-year period in which the local control and accountability plan is in effect pursuant to subdivision (b) of Section 52060 or subdivision (b) of Section 52066, as applicable.
(B) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall require, beginning with local control and accountability plans for the 2025–26 school year, that school districts, county offices of education, and charter schools that had homeless pupils or foster pupils receive the lowest performance level on one or more state indicators on the California School Dashboard within the local educational agency, or within a school, in the year preceding the adoption of the local control and accountability plan, develop any actions required by subparagraph (A), in consultation, for homeless pupils, with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, and, for foster pupils, with the foster youth liaison designated pursuant to subdivision (c) of Section 48853.5.
(8) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 2024–25 school year, local educational agencies receiving funding pursuant to Section 42238.024 shall include focused goals for each school generating funding pursuant to Section 42238.024. The focused goals shall address both of the following:
(A) All pupil groups that have the lowest performance level on one or more state indicators on the California School Dashboard pursuant to Section 52064.5.
(B) Any underlying issues in the credentialing, subject matter preparation, and retention of the school’s educators, if applicable.
(9) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools shall change actions that have not proven effective over a three-year period. This shall include a description of changes that explain the reasons for lack of progress and how any changes to the action will result in a new or strengthened approach.
(f) (1) Except as provided in subdivision (g), the state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(2) Notwithstanding paragraph (1), the state board may adopt or revise the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This paragraph shall become inoperative on January 31, 2019.
(g) Notwithstanding subdivision (f), revisions of the template for the local control and accountability plan and annual update to the local control and accountability plan necessary to implement Assembly Bill 1808 and Assembly Bill 1840 of the 2017–18 Regular Session, legislation passed during the 2019–20 Regular Session, or Assembly Bill 130 of the 2021–22 Regular Session shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may make necessary revisions to the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(h) Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school.
(i) In developing the template, the state board shall take steps to minimize duplication of effort at the local level to the greatest extent possible. The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law.
(j) Notwithstanding any other law, the templates developed by the state board pursuant to this section, as it read on June 30, 2018, shall continue in effect until the state board adopts a new template pursuant to subdivision (b) on or before January 31, 2020, except that the state board may adopt revisions to those templates pursuant to subdivision (g) that are necessary to implement Assembly Bill 1808 of the 2017–18 Regular Session or meet federal requirements.

SEC. 5.SEC. 4.

 Section 52068 of the Education Code is amended to read:

52068.
 (a) Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur:
(1) The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee.
(2) The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee.
(3) The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985.
(4) The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001.
(5) The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs.
(6) The county superintendent of schools shall consult with the homeless liaison designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraphs (6) and (7) of subdivision (e) of Section 52064.
(7) The county superintendent of schools shall consult with its foster youth liaison designated pursuant to subdivision (c) of Section 48853.5 to develop actions in the local control and accountability plan or annual update to the local control and accountability plan to address the requirements in paragraph (7) of subdivision (e) of Section 52064.
(8) (A) The county superintendent of schools shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year, at a regularly scheduled meeting of the county board of education.
(B) The report shall include all of the following:
(i) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan.
(ii) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan.
(b) (1) The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620.
(2) The county board of education shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622.
(c) A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting.

SEC. 6.SEC. 5.

 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.