Bill Text: CA AB2248 | 2019-2020 | Regular Session | Amended
Bill Title: Migrant education: average daily attendance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on ED. [AB2248 Detail]
Download: California-2019-AB2248-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2248
| Introduced by Assembly Member Aguiar-Curry |
February 13, 2020 |
An act to amend add Section 54441.5 of 41601.6 to the Education Code, relating to migrant education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2248, as amended, Aguiar-Curry.
Migrant education. education: average daily attendance.
Existing law requires the State Board of Education to adopt a state master plan for services to migrant children. Under existing law, with the concurrence of a child’s parent, a child who has been identified as a “migrant child” may be deemed a migrant child for a period, not in excess of 3 years, during which the child resides in an area where programs are provided for migrant children. Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified, that includes average daily attendance as a component of that calculation.
This bill would make a nonsubstantive change to the latter provision.
bill, commencing with the 2021–22 fiscal year, would authorize up to 2 local educational agencies with instructional days between the first day of a fiscal year to the first principal apportionment of that fiscal year, and between the 2nd principal apportionment of a fiscal year and the last day of that fiscal year, attributable to pupils of migrant agricultural workers who are enrolled in kindergarten and grades 1 to 8, inclusive, to request average daily attendance funding for those pupils to be included in the annual apportionment for the applicable fiscal year. The bill would require this average daily attendance funding received by a local educational agency to be used on a program for those pupils, as specified. The bill would require a local educational agency operating the program to annually report to the State Department of Education information on the program, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Children of migrant agricultural workers are those who frequently travel with their parents and families in order to follow seasonal work within the agricultural, dairy, lumber, and fishing industries.
(2) The State of California has the highest number of migrant pupils within the United
States. According to the State Department of Education, one out of three migrant pupils who live in the United States live in the state. As of the 2017–18 school year, there were 81,815 migrant pupils, and migrant pupils made up over one-half of the population of English learners.
(3) In 2016–17, 74 percent of migrant pupils scored as not meeting standards in English language arts compared to 53 percent of the general population, and 81 percent of migrant pupils were not meeting standards in mathematics, compared to 62 percent for all pupils, on state assessments.
(4) This achievement gap is in part due to lost instructional time. Migrant pupils enroll in school during times that do not coincide with a traditional school year, with a high number of them arriving in the spring and summer and leaving early in the school year. Consequently, this causes migrant pupils to miss critical
classroom time, which can contribute negatively to the overall success of the pupil or cause the pupil to drop out of school completely.
(5) Migrant pupils attend various local educational agencies throughout the state that participate in the federally funded Migrant Education Program (MEP). The MEP includes summer school programs that contain coursework, which build on and are consistent with the curriculum offered during the regular school year. While these services are supportive of migrant pupils, they cannot fully mitigate the loss of instructional time these pupils experience during the traditional school year.
(6) For the migrant pupil population, having access to equitable education that is as academically rigorous and comprehensive as that of other pupils is key to their academic success and future socioeconomic mobility.
(b) Therefore, it is the intent of the Legislature in enacting this act to provide funding for a full-time school program, offered during the months when migrant pupils reside in a community that would address the schedule and unique needs of migrant children.
SEC. 2.
Section 41601.6 is added to the Education Code, to read:41601.6.
(a) (1) Commencing in the 2021–22 fiscal year, up to two local educational agencies with instructional days between the first day of a fiscal year to the first principal apportionment of that fiscal year and between the second principal apportionment of a fiscal year and the last day of that fiscal year attributable to pupils of migrant agricultural workers who are enrolled in kindergarten and grades 1 to 8, inclusive, may submit a request to the county superintendent of schools to receive average daily attendance funding for those pupils to be included in the annual apportionment for the appropriate fiscal year.(2) The local educational agency shall use the funding received pursuant to paragraph (1) for purposes of
serving pupils of migrant agricultural workers in a program designed to provide, at a minimum, access to a standard instructional program, as defined in Section 60811.8, in one or more grades, and in a manner reasonably similar to that provided to other pupils, during the period of time in which the pupils reside in the local educational agency’s county.
(3) The county superintendent of schools shall notify the Superintendent of a request by a local educational agency for funding pursuant to paragraph (1). If more than two local educational agencies request apportionment funding pursuant to this section, the Superintendent shall establish a process to determine the local educational agencies that will receive average daily attendance funding for those pupils pursuant to this section for purposes of operating a program described in paragraph (2).
(b) Local educational agencies may
enter into memoranda of understanding for the purpose of transferring funds generated by the attendance of pupils of migrant agricultural workers in multiple school districts to a local educational agency operating a program described in paragraph (2) of subdivision (a).
(c) Local educational agencies may enter into interdistrict transfer agreements to enroll pupils of migrant agricultural workers in a program described in paragraph (2) of subdivision (a) who reside outside the boundaries of the local educational agency operating the program.
(d) A local educational agency operating a program described in paragraph (2) of subdivision (a) shall annually report to the department, in a form and manner specified by the department, all of the following:
(1) The characteristics of pupils enrolled in the program.
(2) Academic and other support services provided through the program.
(3) Academic and other outcomes for pupils enrolled in the program.
(4) The financing for the program, including any other local, state, federal, or nongovernmental funding sources used.
With the concurrence of the child’s parent, a child who has been identified as a “migrant child” may be deemed a migrant child for a period, not in excess of three years, during which the child resides in an area where programs are provided for migrant children. Priority for the provision of services shall be consistent with federal statutes and regulations that govern migrant education programs.
