Bill Text: CA AB2467 | 2025-2026 | Regular Session | Amended

California Assembly Bill 2467

Bill Title: Elementary and secondary education: omnibus.

Sponsorship: Committee Bill

Status: (Engrossed) 2026-08-28 - Read second time. Ordered to third reading. [AB2467 Detail]

Download: California-2025-AB2467-Amended.html

Amended IN Senate August 27, 2026

Amended IN Senate August 21, 2026

Amended IN Senate June 08, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2467

Introduced by Committee on Education

February 20, 2026

An act to amend Sections 41020.6, 44258.9, 44320, 45037, 47604.32, 48004, 48204.3, ~~and 51461~~ 51461, and 51827 of the Education Code, relating to elementary and secondary education, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 2467, as amended, Committee on Education. Elementary and secondary education: omnibus.

(1) Existing law requires each chartering authority to be responsible for reviewing the audit exceptions contained in an audit of a charter school under its jurisdiction and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed, and after completing those financial and compliance audit oversight responsibilities, to identify and provide notification to the governing body of the charter school within 60 days of any material concern arising out of the chartering authority’s ongoing oversight and monitoring activities.

This bill would instead require the chartering authority, not later than July 1 of each year, to identify and provide written and timely notification of any material concern arising out of the chartering authority’s ongoing oversight and monitoring activities during the previous 12 months. To the extent the bill would impose additional duties on chartering authorities, the bill would impose a state-mandated local program.

(2) Existing law requires the Commission on Teacher Credentialing to establish standards for the issuance and renewal of credentials. Existing law requires, as a minimum requirement for a preliminary multiple subject, single subject, or education specialist teaching credential, the satisfactory completion of a program of professional preparation, as specified. Existing law also authorizes the commission to issue a PK–3 early childhood education specialist instruction credential, as provided. Existing law requires a candidate for a credential to obtain a certificate of clearance from the commission before admission to student teaching under any professional preparation program approved by the commission, or participation in a field experience program, as provided.

This bill would revise and recast that latter provision by requiring a candidate, before admission to any professional preparation program approved by the commission for one of the above-described credentials to provide verification that the candidate either (A) holds a valid permit or credential previously issued by the commission or (B) has applied for a certificate of clearance from the commission. For a candidate who provides verification that the candidate has applied for a certificate of clearance, the bill would require the candidate to obtain the certificate of clearance before beginning student teaching, clinic practice, or participation in a field experience program, as provided.

This bill would require a professional preparation program approved by the commission for one of the above-described credentials to (A) submit specified candidate profile information to the commission for each enrolled credential candidate within 30 days of the candidate beginning the program, (B) update each candidate’s profile information annually, and (C) indicate to the commission a candidate’s program completion within 30 days of the candidate completing all credential requirements.

Existing law requires the commission to annually use specified data provided by the State Department of Education to produce an initial data file of vacant positions, as defined, and educator assignments that do not have a clear match of credential to assignment. Commencing July 1, 2027, existing law requires a teacher employed by a local educational agency, as defined to include a school district, county office of education, charter school, or educational joint powers authority, and offering a course in which pupils receive course credit or that counts toward instructional minutes, or both, to hold the certificate, permit, or other document required by the commission for that assignment and to be monitored.
This bill would, among other things, also require those teachers to be reported to the department by the local educational agency annually, and would remove educational joint powers authority from the definition of a local educational agency for purposes of these provisions. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated program.
~~(2)~~

(3) Existing law requires 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, to assess the English language development of each pupil in order to determine the pupil’s level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, excluding enrollment in a transitional kindergarten program, as provided. Existing law authorizes a school district or charter school to maintain a transitional kindergarten program, as provided.

Existing law requires the Superintendent of Public Instruction, by no later than March 31, 2026, to select, subject to the approval of the executive director of the State Board of Education, a list of screening instruments that meet specified requirements to support the identification of multilingual learners, as defined, enrolled in transitional kindergarten, and authorizes the Superintendent, in the 2026–27 school year, to select local educational agencies to voluntarily conduct a field test of the selected screening instruments.

This bill would instead authorize the above-described field test to be conducted in the 2027–28 school year.

Existing law, commencing with the 2027–28 school year, requires a local educational agency that serves pupils in transitional kindergarten to screen those pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify them as multilingual learners using a screening instrument selected by the Superintendent, as provided.

This bill would delay the commencement of that requirement until the 2028–29 school year.

Existing law appropriates $10,000,000 from the General Fund to the Superintendent to acquire the selected screening instruments and any training materials, as specified, and to support field tests of the screening instruments. Existing law requires those funds to be available for expenditure or encumbrance through June 30, 2028.

This bill would instead require those funds to be available for expenditure or encumbrance through June 30, 2029. By extending the encumbrance or expenditure date for an existing appropriation, the bill would make an appropriation.

~~(3)~~

(4) Existing law provides that each person between 6 and 18 years of age not exempted is subject to compulsory full-time education and requires a person subject to compulsory education to attend the public full-time day school or continuation school or classes in the school district in which the residence of the parents or legal guardian is located. Existing law requires a school district to accept enumerated documentation, including property tax payment records, as reasonable evidence of a pupil’s residence. Existing law states that a pupil complies with the residency requirements if the pupil’s parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. Existing law authorizes a parent to use one of several enumerated addresses, including that of a temporary on-base billeting facility, for purposes of school application, enrollment, and registration.

This bill would expand the list of addresses authorized for the purposes identified above to include, among others, an off-base hotel. To the extent the bill imposes additional duties on school districts, the bill would impose a state-mandated local program.

~~(4)~~

(5) Existing law establishes that the State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets certain criteria for being proficient in English and one or more languages other than English. For purposes of the State Seal of Biliteracy, proficiency in one or more languages other than English can be demonstrated through at least one of specified methods, including passing a world language Advanced Placement examination with a score of 3 or higher, passing a world language International Baccalaureate examination with a score of 4 or higher, or passing a world language ACTFL Writing Proficiency Test (WPT) and an Oral Proficiency Interview (OPI) with scores of Intermediate Mid or higher.

This bill would include, beginning with the 2024–25 school year, achieving a level 3 on the high school California Spanish Assessment (CSA) as another method to demonstrate language proficiency in one or more languages other than English for purposes of the State Seal of Biliteracy.

(6) Existing law, on or before July 1, 2027, requires the governing board of a school district or educational joint powers authority, the governing body of a charter school, or the county superintendent of schools to adopt a policy for the local educational agency to comply with in order to evaluate and approve contractors. Existing law requires the policy to include certain provisions, including, among others, a provision that provides that a local educational agency shall only contract with an entity that has a business license or business certificate, where applicable, and has appropriate insurance for the service being offered.
This bill would exempt contracts with family daycare homes and certain license-exempt providers from that provision.
Existing law requires the above-described policy to also include a provision that provides that contractors are prohibited from charging fees to a pupil or the pupil’s parent or legal guardian.
This bill would require that provision to instead provide that contractors are prohibited from charging fees to a pupil or the pupil’s parent or legal guardian, except as otherwise authorized for specified programs.
~~(5)~~

(7) 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.

~~(6)~~

(8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 41020.6 of the Education Code is amended to read:

41020.6.

(a) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include instructions necessary to require, as part of supplementary information, or other information as deemed applicable under generally accepted auditing standards, schedules of all of the following for local educational agencies, as applicable:

(1) Pupil enrollment and attendance, including total pupil enrollment and attendance for each school month, and, if the local educational agency operates a multitrack year-round calendar, by track, and perform an analytical procedure and identify and disclose unusual increases or decreases in enrollment by month and track, if applicable, that are material and provide an opportunity for the local educational agency to provide an explanation in the note.

(2) The largest 25 aggregate payments or transfers of assets to individuals or organizations determined by value accumulated over the fiscal year.

(3) For school districts and county offices of education, pupil-to-teacher ratios for independent study programs.

(4) Loans with related entities or employees.

(5) For charter schools, governing body members and related entities.

(6) The five highest-paid employees.

(b) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include, but is not necessarily limited to, instructions necessary to require, at a minimum, that all of the following compliance procedures are performed in an audit of a local educational agency, except as otherwise limited:

(1) Compliance: compliance with professional accounting and auditing standards with an emphasis in the audit guide that annual audits of local educational agencies issued in compliance with the standards and requirements of the Governmental Accounting Standards Board (GASB) or Financial Accounting Standards Board (FASB), as applicable, shall be conducted in accordance with generally accepted auditing standards (GAAS) and generally accepted government auditing standards.

(2) (A) Sample selection: where representative samples of pupils, pupil work product, financial transactions, or other sampling are required to be performed and selected, the auditor shall independently identify the sample and make that selection in a manner that cannot be predicted, in accordance with professional standards.

(B) Auditor transaction sampling shall include a sample size appropriate for the type of local educational agency pursuant to the test of compliance sample table in the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting.

(C) Sampling of pupil enrollment, attendance, and instructional minutes shall be representative of and inclusive of all the local education agencies’ tracks and grade spans as applicable and in consideration of materiality levels established in the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting.

(D) For an audit of a locally funded charter school that is governed by a school district or county office of education and that is included in the school district’s or county office of education’s audit, the auditor shall ensure that all samples completed are representative of each of the local educational agencies included in the audit.

(E) Audits shall ensure that samples from all payment sources are selected and shall verify that those payments are legal and have proper authorization. The sampling shall include, but is not limited to, payments made through a variety of sources such as credit cards, debit cards, and other electronic payment methods and media, and bank statements.

(3) Charter schools that are locally funded and governed by a school district or county office of education shall report charter school financial data separately from the general fund of the school district or county office of education. If the school district or county office of education audit includes more than one charter school, or if the charter school fund is not a major fund, the local educational agency shall also present financial data separately for each individual charter school in the supplemental section or footnotes of the audit report.

(4) Using appropriate sampling techniques, verify pupil enrollment for independent study programs at local educational agencies and verify that a pupil’s residence meets applicable residency requirements based on documentation provided by the parent or guardian of the pupil, emancipated pupil, or other custodian of the pupil, or, in the case of a pupil over 18 years of age, by the pupil.

(5) (A) Chartering authority input for audits of a charter school: require auditors to consult with and inquire of the chartering authority during planning stages of the audit of a charter school authorized by the chartering authority to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the charter school may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit.

(B) County office of education input for audits of a school district or educational joint powers authority: require auditors to consult with and inquire of the county office of education during planning stages of the audit of a school district or educational joint powers authority to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the school district or educational joint powers authority may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit.

(C) Department input for audits of a county office of education: require auditors to consult with and inquire of the department during planning stages of the audit of a county office of education to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the county office of education may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit.

(6) (A) Related entity for audits of a charter school: determining if a related entity, such as a charter management organization, education management organization, or similar third party with financial, economic, or controlling membership interest, exists with the charter school, as defined by generally accepted accounting principles. A charter school that files a federal tax return shall include all related entities identified on the federal tax return in the disclosure required by this paragraph.

(B) If a relationship is determined to exist pursuant to subparagraph (A), evaluate the level of the relationship to determine if it is material. For purposes of materiality, determine if the related party has a material financial, economic, or controlling interest in the charter school or can exercise material control, such as common management or board, majority voting interest, or sole corporate or statutory member or other arrangement.

(7) (A) Verification: For a charter school, verify if more than 20 percent of the charter school’s total average daily attendance was generated through independent study, pursuant to Section 47634.2.

(B) Verify the pupil-to-teacher ratio calculation. For independent study programs at school districts, county offices of education, and charter schools, verify the ~~pupil-to-teacher ratios and calculations required pursuant to~~ average daily attendance-to-full-time equivalent certificated employee ratio calculations for independent study programs comply with Section 51745.6.

(8) Identify any transfers of funds or assets to other individuals or organizations that exceed one million dollars ($1,000,000) or 10 percent of the local educational agency’s total revenue and other sources, whichever is less, together with a written explanation from the local educational agency regarding the local educational agency’s purpose for each of those transfers of funds or assets.

(9) Charter School Oversight: Ensure the chartering authority has documentation of completing the oversight tasks in Section 47604.32 and teacher assignment monitoring pursuant to Section 44258.9.

(10) (A) For schools that offer grades 10, 11, or 12, inclusive, at local educational agencies, perform an analytical procedure and identify unusual enrollment patterns between consecutive grade levels and pupils that change grade levels during the school year for that school and report as a note that shall not include personally identifiable information for any pupil.

(B) Identify if a pupil advanced to grade 12 without completing a California Assessment of Student Performance and Progress assessment in English language arts/literacy and mathematics using pupil cohort data and assessment data and report the number of such pupils as a note. Report the total number of pupils disenrolled from the school after census day, in a note. A local educational agency shall provide the auditor necessary assessment data from the Test Operations Management System or subsequent successor system.

(11) Verify documentation of pupil work products, pursuant to clause (iii) of subparagraph (A) of paragraph (2) of subdivision (b) of Section 51747.5.

(c) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include a library of sample letters and schedules applicable to the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting requirements for both school districts and charter schools as a means of guidance to auditors.

(d) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or educational joint powers authority.

SEC. 2.

Section 44258.9 of the Education Code is amended to read:

44258.9.

(a) (1) The Legislature finds and declares both of the following:

(A) That continued monitoring of educator assignments by the commission and the county superintendents of schools and continued reporting of educator assignments by the department will help ensure that local educational agencies meet state and federal reporting requirements, including the requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of educator misassignments remains low.

(B) That local educational agencies, state officials, pupils, and guardians have a vested interest in knowing and understanding the capacity of local educational agencies to fill all available and funded teaching assignments with educators who are fully credentialed for the subjects and pupils they are teaching, and a vested interest in understanding the scope of the teacher shortage across the TK/K–12 educational system, including, but not limited to, those instances where vacancies cannot be filled, resulting in the use of substitutes, increases in class size, or cancellation of courses or classes.

(2) To support pupil access to credentialed and appropriately assigned educators, the commission and the department shall collaborate to publish annual data on educator credentialing and assignment, at the school, local educational agency, and state levels. To the extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority, as specified in subdivision (e).

(3) The commission and the department shall collaborate to perform the duties specified in this section, with the commission executing the assignment monitoring process and the department facilitating the annual teaching assignment monitoring data production and publication.

(4) The teaching assignment monitoring outcome data reporting shall be executed in a manner consistent with the statewide system of support and the school accountability system established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4, county office of education monitoring established pursuant to Article 2 (commencing with Section 1240) of Chapter 2 of Part 2 of Division 1 of Title 1, and the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that act.

(b) For purposes of this section, the following definitions and identifications apply:

(1) (A) “An instance of a teacher shortage” means an identification by the commission that a course or class assignment is not any of the following:

(i) Permanently filled as of Census Day.

(ii) Filled by a fully credentialed teacher.

(iii) Filled by a teacher who is appropriately assigned.

(B) A “fully credentialed teacher” means an individual who has completed a teacher preparation program, as defined in subdivision (e) of Section 44225.7, and who holds a valid preliminary or clear credential issued based upon the completion of that teacher preparation program.

(C) An assignment is “permanently filled as of Census Day” if the educator serving as a teacher has been contracted as of Census Day to provide instruction for either the entire school year or for a one-semester course for the entire semester.

(D) A teacher is “appropriately assigned” if the teacher holds a credential, permit, or waiver issued by the commission that contains an authorization to legally teach in the setting, in the subject area, and the pupil population associated with the assignment.

(2) “An unfilled position” shall be identified in each instance where a local educational agency has attempted to fill or is actively trying to fill an open and funded position, but is unable to do so.

(3) “A vacant position” shall be identified in each instance where, as of Census Day, a course or class assignment has not been permanently filled by a single-designated certificated employee serving for either the entire school year or for a one-semester course for the entire semester. For purposes of identifying an instance of a teacher shortage pursuant to paragraph (3) of subdivision (i), a “vacant position” shall be limited to an employee serving as a teacher.

(4) “Assignment” means the placement of an individual in a teaching or services position. An “assignment” can be filled legally by an individual with a credential, permit, waiver, or any other document issued by the commission authorizing the assignment, or the individual may be otherwise authorized by statute.

(5) “Local educational agency” means a school district, county office of education, charter school, or state special school.

(6) “Misassignment” has the same meaning as defined in Section 33126. For purposes of this section, “employee,” as used in the definition of “misassignment” in Section 33126, includes an individual hired on a contract. For purposes of this section, in a charter school, “misassignment” shall apply only to employees in teaching positions.

(7) “Monitoring authority” means:

(A) The county office of education for school districts in the county and programs operated by the county office of education.

(B) The commission for a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the state special schools.

(ii) Notwithstanding clause (i), in cases where a charter school operates under the authority of a school district in which the charter school is the sole schoolsite in the school district, the commission shall serve as the monitoring authority.

(8) “System,” unless the context requires otherwise, means the California Statewide Assignment Accountability System, which is an electronic data system administered by the commission for monitoring educator assignments and vacant positions and uses department data collected pursuant to Sections 10600 and 60900 for its functioning.

(c) The commission and the department shall enter into a data sharing agreement for the department to provide the commission with educator assignment data necessary to annually identify educator assignments, including assignments filled by individuals on preliminary or clear credentials, intern credentials, permits or waivers, misassignments, and vacant positions at local educational agencies. The data sharing agreement shall also require the commission to make credential, permit, waiver, misassignment, vacant positions, and other relevant data available to the department to support reporting consistent with the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act (Public Law 114–95), or any other federal law that effectively replaces that act, and applicable state reporting requirements, including for the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.

(d) The commission and the department may engage in a variety of activities designed to inform school administrators, teachers, and personnel within the county offices of education of the regulations and statutes affecting the assignment of educators and how data on educator assignments is published and used. These activities may include, but shall not necessarily be limited to, the preparation of instructive brochures and the holding of regional workshops.

(e) (1) The commission shall annually use the data provided by the department pursuant to subdivision (c) to produce an initial data file of vacant positions and educator assignments that do not have a clear match of credential to assignment. The commission shall notify local educational agencies and monitoring authorities of the opportunity to access the system and review the initial data file of potential misassignments and vacant positions.

(2) A local educational agency may do any of the following within 60 days of the commission’s notification pursuant to paragraph (1):

(A) Access and review the initial data file in the system to determine if each educator included in the initial data file is otherwise legally authorized for the assignment.

(B) Submit documentation or additional assignment information to the commission and monitoring authority showing that the educator is otherwise legally authorized for the assignment. This information may include the use of local assignment options outlined in any statute or regulation.

(C) Submit documentation to the commission and monitoring authority showing that a position identified in the initial data file as vacant was miscoded and that a legally authorized educator was assigned to the position.

(3) Information submitted to the commission and monitoring authority pursuant to paragraph (2) shall be submitted electronically through the system.

(4) A monitoring authority shall access the system to review the initial data file and any documentation or additional information submitted by a local educational agency for which it is a monitoring authority and make a determination of potential misassignments and vacant positions within 90 days of the commission’s notification pursuant to paragraph (1).

(5) The commission shall have the authority to make a final determination for all potential assignments and misassignments.

(6) After the 90-day review period pursuant to paragraph (4), the commission shall share all educator assignment data, including all preliminary and clear credentials, intern credentials, permits, waivers, misassignments, and vacant positions for that year, with the department for the department’s teaching assignment monitoring outcomes report and other state and federal reporting requirements.

(7) Once published, the commission shall post a link to the department’s teaching assignment monitoring outcomes reporting on its internet website, with resources for local educational agencies seeking to maintain a fully credentialed and appropriately assigned educator workforce.

(8) Notwithstanding any other law, the commission, when identifying misassignments using the system, shall identify an educator in a teaching position, including an educator at a charter school, as correctly assigned only when the educator holds the certificate or credential required by the commission for that assignment in a noncharter public school, taking into account local assignment options.

(9) Commencing in the 2020–21 school year, a chartering authority, as provided in this section, may request technical assistance to assist in its determination of potential misassignments and vacant positions from the county office of education in the county in which the chartering authority is located.

(10) For a school district, the county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment, and shall advise the school administrator to correct the assignment within 30 calendar days. For a charter school, the monitoring authority shall notify the charter school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment and shall advise the charter school administrator to correct the assignment within 30 calendar days.

(f) The system and the data reported from the system shall not be used by a local educational agency for purposes of evaluating certificated employees, certificated employee performance determinations, or employment decisions.

(g) If an employee, including an employee who is employed by a charter school, is required by a local educational agency to accept an assignment in a teaching or services position for which the employee has no legal authorization, all of the following shall occur:

(1) (A) After exhausting existing local remedies, an employee of a school district shall notify the superintendent of the school district, and an employee of a charter school shall notify the administrator of the charter school, in writing, of the illegal assignment.

(B) If no action is taken after the notice required pursuant to subparagraph (A), an employee of a school district shall notify the county superintendent of schools, and an employee of a charter school shall notify the chartering authority, in writing, of the illegal assignment.

(2) In the case of an assignment by a school district for which the employee has filed a notice that the employee has no legal authorization, the school district or county superintendent of schools shall advise the employee about the legality of the assignment within 15 working days. In the case of an assignment by a charter school for which the employee has filed a notice that the employee has no legal authorization, the administrator of the charter school or the chartering authority shall advise the employee about the legality of the assignment within 15 working days.

(3) A local educational agency shall not take adverse action against an employee who files a notice of misassignment pursuant to paragraph (1).

(4) Notwithstanding any other law, for purposes of a charter school authorized by the state board, the employee shall file the written notices regarding misassignment described in paragraph (1) with the commission.

(5) During the period of a misassignment, the certificated employee who files a written notice pursuant to subparagraph (B) of paragraph (1) shall be exempt from Section 45034.

(6) If it is determined that a misassignment has occurred, a performance evaluation pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of the certificated employee in the misassignment shall be nullified.

(7) A certificated employee who has not attained permanent status is subject to the protections described in this subdivision and subdivision (f) even if the certificated employee does not provide notice pursuant to paragraph (1).

(h) For the 2019–20 school year, the final data file generated by the system to identify misassignments and vacant positions shall be nonconsequential and shall be provided to the department, local educational agencies, and monitoring authorities by the commission for informational purposes only.

(i) Commencing with the 2020–21 school year, and each school year thereafter, following the 90-day review period provided for monitoring authorities pursuant to subdivision (e), the commission shall do all of the following:

(1) Ensure local educational agencies have access to the results of the system’s process of assignment monitoring to support local continuous improvement efforts.

(2) Publish annual certificated educator assignment data that reflects the level of preparation and licensure of educators serving California pupils. This data shall include comprehensive information on all educator assignments, including those filled by individuals on permits or waivers, intern credentials, and preliminary or clear credentials, and those appropriately assigned and misassigned, at the schoolsite, local educational agency, county, and state levels. The commission may also publish data on educators serving on administrative and pupil services credentials, educator preparation pathways, and educator retention, and whether certificated staff are employed in K–12 education.

(3) (A) Identify instances of a teacher shortage in each instance where, as of Census Day, a course or class assignment is permanently filled by an employee who is not fully credentialed or who is not appropriately assigned, as identified in clauses (i) to (vii), inclusive, below:

(i) Individuals who are fully credentialed teachers and are serving outside their credential area based on holding a valid commission-issued permit authorizing the subject, setting, or pupil population being taught.

(ii) Individuals who are fully credentialed teachers and are serving outside of their credential area pursuant to a statute or Title 5 of the California Code Regulations that allows a local educational agency to otherwise legally assign the individual at the local level.

(iii) Individuals serving on a valid district or university intern credential that authorizes the subject, setting, or pupil population being taught.

(iv) Individuals who are fully credentialed teachers but are teaching a subject, setting, or pupil population not authorized by their credential area, excluding assignments authorized by subdivision (b) of Section 80005 of Title 5 of the California Code of Regulations.

(v) Individuals serving on the basis of a valid permit issued by the commission that authorizes the subject, setting, or pupil population being taught.

(vi) Individuals serving on a short-term or variable-term waiver document issued by the commission that authorizes the subject, setting, or pupil population being taught.

(vii) Individuals who are identified as misassigned by the commission, other than those educators described in clause (iv).

(B) Identify instances of a teacher shortage in each instance where, as of Census Day, a local educational agency identifies a vacant position or an unfilled position.

(4) Support the department to do all of the following:

(A) Make annual educator assignment, misassignment, and vacant position data generated by the system publicly available in a searchable format on the department’s internet website. Data shall be updated annually and provide comprehensive information on teaching assignment outcomes inclusive of all educator classifications at the schoolsite, school district, and county levels.

(B) Ensure that data for charter schools is distinguishable from data for noncharter public schools when made publicly available in a searchable format.

(D) Ensure that the publicly available misassignment data reported from the system shall not include any personally identifiable information, including names, social security numbers, home addresses, telephone numbers, or email addresses of individual educators.

(j) The commission may promulgate regulations that define standards for a local educational agency, including a charter school, that consistently misassigns educators and what sanctions, if any, to impose on that local educational agency.

(k) (1) On or before December 1, 2022, the commission shall report to the appropriate policy and fiscal committees of the Legislature on the development of the system, including, but not limited to, all of the following:

(A) The development and current status of the system.

(B) The ability of the system to efficiently produce accurate annual data on teacher misassignments.

(D) Use of local assignment options, delineated by local assignment option and type of school.

(E) Any recommendations to improve the system and the local assignment monitoring process required by this section.

(F) Identification of any need for further technical assistance for local educational agencies, including chartering authorities, to improve assignment monitoring and reduce the overall rate of misassignment.

(2) Pursuant to Section 10231.5 of the Government Code, the reporting requirement described in paragraph (1) shall be inoperative on December 1, 2026.

(l) This section shall not relieve a local educational agency from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of “misassignment” for purposes of Section 33126 or the definition of “vacancy” for purposes of Section 35186.

(m) This section does not change existing rights or obligations, including, but not limited to, those specified in Sections 33126 and 33315.

(n) (1) Beginning July 1, 2027, a teacher employed by a local educational agency and offering a course in which pupils receive course credit or that counts toward instructional minutes, or both, shall hold the certificate, permit, or other document required by the commission for that assignment and shall be ~~monitored.~~ reported to the department by the local educational agency annually and monitored, as specified in subdivision (e).

(2) Paragraph (1) does not authorize a local educational agency to assign a teacher of record that is not an employee of the local educational agency.

(3) For purposes of this subdivision, “local educational agency” means a school district, county office of education, ~~charter school, or educational joint powers authority.~~ or charter school.

SECTION 1.SEC. 3.

Section 44320 of the Education Code is amended to read:

44320.

(a) Professional preparation, including student teaching, shall be made available in the upper division course offerings at all California public institutions of higher learning, except the California Maritime Academy and the College of the Law, San Francisco. No more than nine semester units, or the equivalent, of professional education courses may be designated as prerequisites for purposes of admission to student teaching, except that, to satisfy the English language requirement as set forth in paragraph (3) of subdivision (b) of Section 44259, candidates may be required to take 12 semester units, or the equivalent, as professional education prerequisites to student teaching.

(b) The commission shall encourage institutions of higher education that offer programs of professional preparation to collaborate with school districts, county offices of education, and professional organizations in the design and delivery of local programs to function as part of the California Beginning Teacher Support and Assessment Program pursuant to Section 44279.2. If local educational agencies and institutions of higher education voluntarily agree to implement the program, the following provisions shall apply to each collaborative effort:

(1) Institutions of higher education and local educational agencies shall coordinate and articulate the program of professional preparation and the California Beginning Teacher Support and Assessment Program, so the two programs provide continuity in the preparation, support, and assessment of beginning teachers.

(2) At the discretion of an institution of higher education that participates in a collaborative effort, the program of professional preparation may be submitted to the commission for approval as a program of preparation, support, and assessment that is at least two years long.

(3) In each program of preparation, support, and assessment, the institution of higher education shall make it possible for each candidate to complete all requirements for a valid teaching credential in the equivalent of one year of full-time study.

(4) An institution of higher education that participates in a collaborative effort may, at its discretion, determine that successful completion of the support and assessment components of an articulated program of professional preparation, support, and assessment fulfills some or all of the requirements of subdivision (c) of Section 44259, and may accordingly recommend applicants for the professional teaching credential. The standards and criteria for making these determinations and recommendations shall be included in the institution’s proposal for a program.

(5) A local educational agency that collaborates, at its own discretion, with an institution of higher education in the design and delivery of an articulated program of professional preparation, support, and assessment that meets the standards and criteria pursuant to subdivision (c) of Section 44279.2, and that receives funds pursuant to the annual Budget Act, may contract with the institution of higher education to pay the institution’s costs of designing and delivering the support and assessment components of the program.

(c) Local educational agencies that are approved by the commission to provide programs of personalized preparation to candidates for designated subjects teaching credentials are encouraged to participate in the design and delivery of local programs under the California Beginning Teacher Support and Assessment Program pursuant to Article 4.5 (commencing with Section 44279.2), in a manner consistent with subdivision (b).

(d) (1) Before admission to any professional preparation program approved by the commission for a multiple subject credential, single subject credential, PK–3 early childhood education specialist instruction credential, or education specialist credential, a candidate shall provide verification to the professional preparation program that one of the following holds true for the candidate:

(A) The candidate holds a valid permit or credential previously issued by the commission.

(B) The candidate has applied for a certificate of clearance from the commission that shall be issued when the commission has verified the candidate’s personal identification and health status.

(2) Before beginning student teaching, clinic practice, or participation in a field experience program as described in Section 44324, a candidate described in subparagraph (B) of paragraph (1) shall have obtained the certificate of clearance. The fee for the certificate of clearance shall not exceed one-half of the regular fee for a credential and shall be deducted from the fee for the initial credential applied for by the certificate holder.

(e) A professional preparation program approved by the commission for a multiple subject credential, single subject credential, PK–3 early childhood education specialist instruction credential, or education specialist credential shall do all of the following:

(1) (A) Submit candidate profile information to the commission for each enrolled credential candidate within 30 days of the candidate beginning the program.

(B) The candidate profile information shall include, but not be limited to, the candidate’s credential program, type of credential being sought, and preparation pathway, including residency, student teaching, internship, or other preparation pathway, as determined by the commission.

(2) Annually update each candidate’s profile information described in subparagraph (A) of paragraph (1) to indicate continued enrollment in, or departure from, the program.

(3) Indicate to the commission a candidate’s program completion within 30 days of the candidate completing all credential requirements.

SEC. 4.

Section 45037 of the Education Code is amended to read:

45037.

(a) Except as provided in Section 45036, for a fiscal year in which a person renders service as a teacher in kindergarten or any of grades 1 to 12, inclusive, who does not have a valid credential or certification document, as those terms are defined in Sections 44002 and 44007, ~~or for a charter school, as described in subdivision (l) of Section 47605 or subdivision (l) of Section 47605.6,~~ the school district, county office of education, or charter school that the person is employed by shall be assessed a penalty that shall be calculated as provided in subdivision (b) and withheld from state funding otherwise due to the school district, county office of education, or charter school.

(1) Notwithstanding Sections 46300 and 47612.5, the attendance of the noncertificated person’s pupils during the period of service shall be included in the computation of average daily attendance.

(2) The noncertificated person’s period of service shall not be excluded from the determination of eligibility for instruction time pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26 of Division 4, or, for a charter school, pursuant to Section 47612.5.

(b) (1) For each person who rendered service in the employment of the school district, county office of education, or charter school as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, add the total number of schooldays on which the person rendered any amount of the service.

(2) For each person who rendered service in the employment of the school district, county office of education, or charter school as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, for a period of service during which the person did not have a valid certification document, add the number of schooldays on which the person rendered any amount of the service without a valid certification document.

(3) Divide the number determined in paragraph (2) by the number determined in paragraph (1) and carry the result to four decimal places.

(4) Multiply a school district’s or charter school’s local control funding formula grant apportionment for the fiscal year, calculated pursuant to Section 42238.02, as implemented by Section 42238.03, or a county office of education’s local control funding formula alternative education grant computed pursuant to Section 2574, as apportioned pursuant to Section 2575, for the fiscal year, for the program in which the noncertificated person rendered service by the number determined in paragraph (3).

(c) If a county office of education releases a warrant in favor of a person for whom a period of school district service is included in the calculation set forth in paragraph (2) of subdivision (b), and the warrant is either compensation for employment as a teacher or for employment in some other capacity if the county office of education has direct knowledge or is in possession of information giving rise to a reasonable inference that the person is rendering service as a teacher, the county office of education shall be assessed a penalty. The penalty assessed to a county office of education for any fiscal year in which one or more school district teachers did not have a valid certification document shall be equal to the lesser of three amounts as follows:

(1) Fifty percent of all penalties assessed for that fiscal year to all school districts in the county office of education’s jurisdiction pursuant to subdivision (b).

(2) One-half percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office of education’s county school service fund, when two or fewer school districts in the county office of education’s jurisdiction are subject to penalties pursuant to subdivision (b).

(3) One percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office of education’s county school service fund, when three or more school districts in the county office of education’s jurisdiction are subject to penalties pursuant to subdivision (b).

(d) Except as provided in Section 41344.1, nothing in this section may be waived in whole or in part.

SEC. 5.

Section 47604.32 of the Education Code is amended to read:

47604.32.

(a) Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority:

(1) Identify at least one staff member as a contact person for the charter school.

(2) Visit each schoolsite approved in the charter petition or material revision that has been established by the charter school at least annually.

(3) Verify that each charter school under its authority complies with all reports required of charter schools by law, including the local control and accountability plan and annual update to the local control and accountability plan required pursuant to Section 47606.5.

(4) Monitor the fiscal condition, including enrollment and attendance data, and make periodic checks of credit and debit card transactions of each charter school under its authority.

(5) Provide the governing body of the charter school with feedback on any issues of concern identified pursuant to paragraph (4) and an opportunity to respond. If in the course of the review, the chartering authority has reasonable suspicion that fraud, misappropriations of public funds, embezzlement, or other financial crimes may be occurring, the chartering authority shall notify the Superintendent and the county superintendent of schools.

(6) Provide timely notification to the Superintendent if any of the following circumstances occurs or will occur with regard to a charter school for which it is the chartering authority:

(A) A renewal of the charter is granted or denied.

(B) The charter is revoked.

(7) Conduct annual financial and compliance audit review and oversight responsibilities pursuant to Section 41020.
~~(7)(A)After completing annual financial and compliance audit oversight responsibilities pursuant to Section 41020,~~

(8) (A) Not later than July 1 of each year, identify and provide written and timely notification to the governing body of the charter school ~~within 60 days~~ of any material concern arising out of the chartering authority’s ongoing oversight and monitoring ~~activities.~~ activities during the previous 12 months.

(B) For purposes of this paragraph, “material concern” means a concern that could lead to a decision of non-renewal or revocation of the charter, such as concerns regarding any of the following:

(i) Academic performance expectations.

(ii) Compliance with laws, contracts, or the terms of the charter.

(iii) Issues with fiscal conditions or governance procedures.

(iv) Issues pertaining to pupil health, or employee or pupil safety.

(v) Issues pertaining to equity or accessibility.

(b) Commencing July 1, 2027, each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority:

(1) (A) Visit each resource center, meeting space, and satellite facility approved in a charter petition or material revision and established by the charter school (i) upon the opening and (ii) pursuant to subparagraph (B) thereafter.

(B) Visit each resource center, meeting space, and satellite facility approved in a charter petition or material revision and established by the charter school at least once every two years.

(2) Annually attend, in person, at least one meeting of the governing body of the charter school.

(3) Review the agendas and minutes of the meetings of the governing body of the charter school.

~~(4)Conduct annual financial and compliance audit oversight responsibilities pursuant to Section 41020.~~
~~(5)~~

(4) Refer any credible allegations of fraud, misappropriation of funds, or other illegal fiscal practices received from third parties, or observed through the chartering authority’s duties, to the county superintendent of schools who may elect to exercise its authority pursuant to subdivision (c) of Section 1241.5, Section 47604.3, or Section 47604.4.

(c) (1) Commencing July 1, 2027, each chartering authority, in addition to any other duties imposed by this part, shall annually review, with respect to each nonclassroom-based charter school under its authority, the charter school’s average daily attendance. The chartering authority shall review a sample of independent study written agreements and work samples from each track to gauge whether the documents generally align with the reported attendance if the independent study average daily attendance reported by the charter school to the Superintendent for apportionment purposes has increased by 10 percent or more relative to the most recent prior principal apportionment reporting period, as defined in Section 41601, as follows:

(A) For the first principal reporting period compared to the prior year first principal reporting period.

(B) For the second principal reporting period compared to the current year first principal reporting period.

(2) If a review pursuant to paragraph (1) does not generally align with the reported attendance during the applicable apportionment reporting period, including subsequent corrected reports submitted to the chartering authority, the chartering authority shall request additional information to explain the misalignment.

(d) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613.

(e) A charter school shall provide the chartering authority the necessary supporting documentation in order for the chartering authority to perform verification duties described in this section.

SEC. 2.SEC. 6.

Section 48004 of the Education Code is amended to read:

48004.

(a) The Legislature finds and declares all of the following:

(1) With the expansion of transitional kindergarten, there is an increased need to support our youngest multilingual learners, including pupils whose primary language is a language other than English, pupils who are learning two or more languages at the same time, and pupils who are learning a second language while still developing their first language.

(2) The languages and cultures that pupils bring with them are an asset to their learning communities and should be uplifted and celebrated. Research demonstrates the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy.

(3) Early identification of multilingual learners is key in providing early support with evidence-based language development resources and in improving pupil outcomes. However, identification should be done in a developmentally appropriate manner that minimizes the stress placed on young pupils.

(4) With the passage of Assembly Bill 2268 of the 2023–24 Regular Session, signed by the Governor on June 14, 2024, the Legislature affirmed its commitment to ensuring all pupils in transitional kindergarten, including young four-year-old children eligible for transitional kindergarten, are not assessed for English language acquisition status with a language proficiency assessment that is not developmentally appropriate.

(5) As a result of the passage of Assembly Bill 2268 of the 2023–24 Regular Session, pupils in transitional kindergarten were exempted from the requirement to be administered the English Language Proficiency Assessments for California (ELPAC) in the 2024–25 school year, thereby eliminating the ability of local educational agencies to screen pupils in transitional kindergarten for English language acquisition status.

(6) It is the intent of the Legislature to ensure an efficient method of screening pupils in transitional kindergarten for English language acquisition status to determine if they are a multilingual learner and to streamline processes for local educational agencies and staff through the statewide use of a standardized screening instrument that is developmentally appropriate for use with three- and four-year-old children entering transitional kindergarten.

(7) It is further the intent of the Legislature that local educational agencies provide language development support to multilingual learners in transitional kindergarten and that local educational agencies and teachers and staff assigned to transitional kindergarten classrooms provide parents or guardians of pupils enrolled in transitional kindergarten with information regarding the benefits of multilingualism.

(8) It is further the intent of the Legislature that local educational agencies identify multilingual learners in transitional kindergarten who need language development support by using a screening instrument that meets all requirements of subdivision (d) and a home language survey that complements the screening.

(b) (1) (A) By no later than March 31, 2026, the Superintendent shall select, subject to the approval of the executive director of the state board, a list of screening instruments that meet the requirements of subdivision (d) to support the identification of multilingual learners in transitional kindergarten.

(B) The Superintendent shall submit recommendations to the executive director of the state board, and the relevant policy and fiscal committees of the Legislature, whether any of the screening instruments chosen pursuant to this section are also developmentally appropriate for identifying dual language learners, who are three through four years old, inclusive, in California state preschool programs.

(2) (A) For the 2025–26 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent for any of the following purposes:

(i) To acquire screening instruments selected pursuant to subparagraph (A) of paragraph (1) and any training materials, available for use by, and free of cost to, local educational agencies.

(ii) To support field testing of the screening instruments pursuant to paragraph (2) of subdivision (c).

(B) Funds appropriated pursuant to paragraph (2) shall be available for expenditure or encumbrance through June 30, 2029.

(3) For purposes of this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.

(c) (1) (A) Commencing with the 2028–29 school year, a local educational agency serving pupils in transitional kindergarten pursuant to Section 48000 shall screen transitional kindergarten pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify whether they are multilingual learners using a screening instrument selected by the Superintendent pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(B) The department shall provide guidance to local educational agencies on the use of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(2) In the 2027–28 school year the Superintendent may select local educational agencies to voluntarily conduct a field test of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(d) The screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be able to measure the extent to which a pupil enrolled in a transitional kindergarten pursuant to Section 48000 would benefit from additional support in English by screening their English language listening and speaking skills and shall meet all of the following requirements:

(1) Have psychometric properties of reliability and validity deemed adequate by technical experts.

(2) Be developmentally and age-appropriate for pupils in transitional kindergarten.

(3) Be capable of administration to pupils with a primary language other than English.

(4) Be capable of administration by classroom teachers or other adults assigned to the classroom.

(5) Not discriminate on the basis of race, ethnicity, or gender.

(e) Local educational agencies that screen pupils pursuant to this section shall ensure that, based on the responses of a home language survey administered upon a pupil’s enrollment, a pupil is screened within 30 days upon enrollment in a transitional kindergarten program.

(f) Results of the screening administered pursuant to this section shall not be used for any of the following:

(1) To identify a pupil as an English learner pursuant to Section 306.

(2) Any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs.

(g) (1) This section does not preclude a local educational agency from administering, based on the responses of a home language survey administered upon a pupil’s enrollment, the English language proficiency assessment pursuant to Sections 313 and 60810 to a pupil in kindergarten or any of grades 1 to 12, inclusive.

(2) This section does not change existing law that excludes a pupil enrolled in a transitional kindergarten program pursuant to Section 48000 from being administered an English language proficiency assessment pursuant to Section 313 or 60810.

(h) This section does not preclude an educator from providing language development support to pupils in transitional kindergarten based on classroom observations and the educator’s interactions with a pupil.

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

(1) “English learner” has the same meaning as defined in subdivision (a) of Section 306.

(2) “Home language survey” means a survey administered at or before the time of a pupil’s initial enrollment to identify whether the primary or native language of a pupil is a language other than English and may be the same as the survey required pursuant to subdivision (a) of Section 11518.5 of Title 5 of the California Code of Regulations.

(3) “Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000.

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

(5) “Multilingual learner” is a pupil enrolled in transitional kindergarten pursuant to Section 48000 who has a primary language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, and could benefit from support for their linguistic and developmental needs as determined by a screening instrument selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (2) of subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.

(k) Notwithstanding any other law, this section shall not be waived by the state board pursuant to Section 33050 or by the Superintendent.

SEC. 3.SEC. 7.

Section 48204.3 of the Education Code is amended to read:

48204.3.

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

(1) “Active military duty” means full-time military duty status in the active uniformed service of the United States, including members of the California National Guard and the State Guard on active duty orders pursuant to Title 10 or 32 of the United States Code or Part 1 (commencing with Section 100) of Division 2 of the Military and Veterans Code.

(2) “Military installation” means a base, camp, post, station, yard, center, home port facility for any ship, or other activity under the jurisdiction of the United States Department of Defense or the United States Coast Guard.

(3) “Parent” means the natural or adoptive parent or guardian of a dependent child.

(b) (1) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if the pupil is a pupil whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order.

(2) For purposes of paragraph (1), “pupil” includes a pupil eligible for services or accommodations pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as applicable.

(c) A school district shall accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration for pupils described in subdivision (b).

(d) (1) The parent shall provide proof of residence in the school district, including by using any of the documents described in subdivision (a) of Section 48204.1, within 10 days after the published arrival date provided on official documentation.

(2) For purposes of paragraph (1), a parent may use any of the following addresses as related to their military move:

(A) A temporary on-base billeting facility or off-base hotel.

(B) A purchased or leased home or apartment.

(D) Other temporary housing.

(e) Upon notification that a pupil enrolling pursuant to this section is receiving, or may be eligible to receive, services or accommodations pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as applicable, the school district shall promptly coordinate with the pupil’s parents and previous school pursuant to Section 56325 to ensure the timely exchange of records and to reduce any delays in the pupil receiving comparable services or accommodations from the school district, including, but not limited to, implementation of their individualized education program, individualized family service plan, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), as applicable.

SEC. 4.SEC. 8.

Section 51461 of the Education Code is amended to read:

51461.

(a) The State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets the following criteria for being proficient in English and one or more languages other than English:

(1) Proficiency in English shall be demonstrated through one of the following requirements:

(A) Completion of all English language arts requirements for graduation with an overall grade point average of 3.0 or above in those classes. Completion of one or more English language arts courses at a public higher education institution or an independent institution of higher education, as described in subdivisions (a) and (b) of Section 66010, with a grade equivalent to a grade point average of 3.0 or above may also be used to satisfy one or more course requirements of this subparagraph.

(B) Passing the California Assessment of Student Performance and Progress for English language arts, or any successor test, administered in grade 11, at or above level 3, or at the achievement level determined by the Superintendent for any successor test.

(C) (i) Passing an English Advanced Placement examination with a score of 3 or higher or an English International Baccalaureate examination with a score of 4 or higher.

(ii) For purposes of clause (i), “English Advanced Placement” means Advanced Placement English Language and Composition, Advanced Placement English Literature and Composition, or Advanced Placement Seminar.

(D) Achieving a score of 480 or higher on the Evidence-Based Reading and Writing section of the SAT.

(2) Proficiency in one or more languages other than English shall be demonstrated through one of the following requirements:

(A) Passing a world language Advanced Placement examination with a score of 3 or higher, passing a world language International Baccalaureate examination with a score of 4 or higher, passing a world language ACTFL Writing Proficiency Test (WPT) and an Oral Proficiency Interview (OPI) with scores of Intermediate Mid or higher, or, beginning with the 2024–25 school year, achieving at a level 3 on the high school California Spanish Assessment (CSA).

(B) Successful completion of a four-year course of study of content in a world language at a high school or higher level attaining an overall grade point average of 3.0 or above in that course of study, and oral proficiency in the language comparable to that required pursuant to subparagraph (A). Pupils may also satisfy the requirements of this subparagraph by either or both of the following:

(i) Successful completion of high school level courses completed in another country in a language other than English with the equivalent of an overall grade point average of 3.0 or above, as verified through a transcript.

(ii) Completion of one or more world language courses at a public higher education institution or an independent institution of higher education, as described in subdivisions (a) and (b) of Section 66010, with a grade equivalent to a grade point average of 3.0 or above and oral proficiency in the language comparable to that required pursuant to subparagraph (A), as verified through a transcript.

(C) (i) If no Advanced Placement examination or off-the-shelf language test exists and the school district can certify to the Superintendent that the test meets the rigor of a four-year high school course of study in that world language, passing a school district language examination that, at a minimum, assesses speaking, reading, and writing in a language other than English at the proficient level or higher. If a school district offers a language examination in a language in which an Advanced Placement examination or off-the-shelf language test exists, the school district language examination shall be approved by the Superintendent for the purpose of determining proficiency in a language other than English.

(ii) Notwithstanding clause (i), a pupil who seeks to qualify for the State Seal of Biliteracy through a language that is not characterized by listening, speaking, or reading, or for which there is no written system, shall pass an assessment on the modalities that characterize communication in that language at the proficient level or higher.

(b) If a pupil in any of grades 9 to 12, inclusive, is an English learner, the pupil shall meet both of the following criteria in order to qualify for the State Seal of Biliteracy:

(1) Attain an Oral Language composite score of level 4 on the English Language Proficiency Assessments for California, or any successor English oral language proficiency assessment, in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive.

(2) Demonstrate proficiency in English through one of the accomplishments listed in paragraph (1) of subdivision (a) and demonstrate proficiency in one or more languages other than English through one of the accomplishments listed in paragraph (2) of subdivision (a).

(c) For languages in which an Advanced Placement test is not available, the Superintendent may provide a listing of equivalent summative tests that school districts may use in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (2) of subdivision (a). A school district may provide the Superintendent with a list of equivalent summative tests that the school district uses in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (2) of subdivision (a). The Superintendent may use lists received from school districts in developing the Superintendent’s list of equivalent summative tests.

(d) For purposes of this article, “world language” has the same meaning as defined in Section 91.

(e) Notwithstanding subdivision (a), for those pupils on track to graduate in 2022 and who were unable to take the assessment identified in subparagraph (B) of paragraph (1) of subdivision (a), the Superintendent may use the assessments identified in Section 121 of Chapter 44 of the Statutes of 2021 to determine whether a pupil obtained the achievement level on a grade 11 English language arts assessment for the purposes of subparagraph (B) of paragraph (1) of subdivision (a).

SEC. 9.

Section 51827 of the Education Code is amended to read:

51827.

(a) On or before July 1, 2027, the governing board of a school district or educational joint powers authority, the governing body of a charter school, or the county superintendent of schools shall adopt a policy for the local educational agency to comply with in order to evaluate and approve contractors. The policy shall include all of the following provisions:

(1) A local educational agency shall not expend public funds for a contract unless the materials, programs, and activities are nonsectarian and comply with nondiscrimination provisions of state and federal law.

(2) A local educational agency shall not expend public funds for a contract that pays for tuition or fees for a pupil at a private school that has filed an affidavit pursuant to Section 33190, except if required pursuant to a pupil’s individualized education program.

(3) (A) Financial payments or gifts shall not be offered by a local educational agency to a pupil, prospective pupil, or a pupil’s parent, guardian, or relative as an incentive for enrollment, referral, or retention.

(B) A local educational agency shall not offer any financial incentives to employees to manipulate or falsify pupil attendance records and reports. Nothing in this subparagraph is intended to prohibit a local educational agency from offering financial incentives to employees for activities to encourage pupil engagement and reengagement of chronically absent pupils, including, but not limited to, home visits.

(4) For a nonclassroom-based charter school, contracts shall itemize costs attributed to credentialed staff, administrative staff, and instruction and related services with sufficient detail to determine a qualifying expense for purposes of a funding determination.

(5) A local educational agency shall ensure contracts reflect a reasonable market value.

(6) A local educational agency shall not purchase or contract for annual and season passes or membership to amusement or theme parks, zoos, or family entertainment activities, except that a local educational agency may purchase or contract for single-use admission, meals, and transportation that is aligned with educational opportunities and assignments by teachers, or for graduation, school celebrations, or co-curricular activities.

(7) (A) A local educational agency shall only contract with an entity that has a business license or business certificate, where applicable, and that has appropriate ~~insurance~~ insurance, for the service being offered. Government agencies are not required to have a business license.

(B) Notwithstanding subparagraph (A), this paragraph shall not apply to either of the following:
(i) Local educational agency contracts with a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, that possess a valid Family Child Care Home license issued by the State Department of Social Services and that is compliant with Section 1597.531 of the Health and Safety Code.
(ii) Contracts between a local educational agency serving as an alternative payment program provider pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code and any license-exempt provider, as described in subdivision (d) or (f) of Section 1596.792 of the Health and Safety Code.

(8) A local educational agency shall not contract with a pupil or a pupil’s parent, guardian, or relative for services provided exclusively to that pupil, except for any of the following persons who are compensated by the local educational agency to provide school-related transportation for a pupil:

(A) A parent or legal guardian.

(B) A relative, as defined in paragraph (2) of subdivision (c) of Section 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code.

(D) A court-appointed special advocate.

(9) A local educational agency shall not reimburse parents or guardians for any activities or services. This paragraph does not prohibit a local educational agency from reimbursing parents or guardians for activities or services for pupils with disabilities pursuant to an individualized education program and required by a legal settlement or agreement.

(10) A contractor who interacts with pupils outside the immediate supervision and control of a school employee shall have policies and procedures related to pupil and site safety, including in virtual settings, emergency response, and accident reporting that are reasonable for the instruction or activity.

(11) Contractor personnel interacting with pupils shall have a valid criminal records summary as described in Section 45125.1.

(12) As part of a contract with a local educational agency, contractors shall provide evidence of qualification and expertise for the activities to be provided, in accordance with policies of the governing board or body of the local educational agency.

(13) As part of a contract with a local educational agency, contractors shall not charge fees to a pupil or the pupil’s parent or legal ~~guardian.~~ guardian, except as otherwise authorized for any of the following:

(A) California state preschool programs, as specified in Section 8252.
(B) The 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program established pursuant to Article 19 (commencing with Section 8420) of Chapter 2 of Part 6 of Division 1 of Title 1.
(C) The After School Education and Safety Program pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1.
(D) Expanded learning opportunity programs pursuant to Section 46120.
(E) Schoolage childcare programs, as specified in Section 1596.793 of the Health and Safety Code.
(F) Childcare programs, as specified in Section 10290 of the Welfare and Institutions Code.

(b) Auditing the approval of, and compliance with, policies enacted in accordance with subdivision (a) shall be included in the audit guide, Standards and Procedures for Audits of California K-12 Local Educational Agencies, described in Section 14502.1.

(c) This section does not supersede or invalidate a contract that is in effect on or before July 1, 2027. If a contract is in effect on or before July 1, 2027, the contract shall remain in effect until the expiration of the contract or the parties to the agreement negotiate a successor agreement that will be operative after July 1, 2027, that complies with this section. A local educational agency shall not enter into a contract or make an amendment or other ancillary agreement to an existing contract on or after the effective date of the act adding this section that would be operative after July 1, 2027, unless it would comply with this section.

(d) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county office of education, or charter school.

SEC. 5.SEC. 10.

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. 6.SEC. 11.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to for the changes proposed by this act to take effect as early as possible for the 2026–27 school year, it is necessary for this act to take effect immediately.

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