Bill Text: CA AB2659 | 2015-2016 | Regular Session | Chaptered
Bill Title: Elementary and secondary education: omnibus revisions.
Sponsorship: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2016-08-25 - Chaptered by Secretary of State - Chapter 186, Statutes of 2016. [AB2659 Detail]
Download: California-2015-AB2659-Chaptered.html
BILL NUMBER: AB 2659 CHAPTERED
BILL TEXT
CHAPTER 186
FILED WITH SECRETARY OF STATE AUGUST 25, 2016
APPROVED BY GOVERNOR AUGUST 25, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY AUGUST 15, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
INTRODUCED BY Committee on Education (Assembly Members O'Donnell
(Chair), Olsen (Vice Chair), Kim, McCarty, Santiago, Thurmond, and
Weber)
FEBRUARY 19, 2016
An act to amend Sections 8261, 35147, 35514, 35531, 35545, 35555,
35556, 35559, 35561, 35562, 35563, 35566, 35572, 35574, 35576, 35577,
35578, 35579, 35700.1, 35705.5, 35706, 35706.5, 35708, 35709, 35710,
35711, 35720.5, 35736, 35740, 35753, 35754, 35755, 35759, 35780,
35780.1, 37223, 41326, 41327.2, 41339, 42103, 42127.1, 46600,
47605.1, 47605.6, 47612.1, 48300, 51781, 52302.8, 52520, 56337.5,
56339, 56426.6, 56441.11, 56475, 60800, and 60900 of, and to repeal
Sections 32253, 41020.6, 41320.3, and 49082 of, the Education Code,
and to amend Section 12 of Chapter 525 of the Statutes of 1995,
relating to elementary and secondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2659, Committee on Education. Elementary and secondary
education: omnibus revisions.
Existing law establishes a system of public elementary and
secondary schools throughout the state. These schools are operated by
local educational agencies and provide instruction to pupils in
kindergarten and grades 1 to 12, inclusive.
Existing law requires a free appropriate public education to be
made available to individuals with exceptional needs in accordance
with specified federal regulations adopted pursuant to the federal
Individuals with Disabilities Education Act.
Existing law requires each person between the ages of 6 to 18
years, inclusive, who is not otherwise exempt, to attend the public
full-time day school in the school district in which his or her
parent or guardian is a resident. Existing law authorizes the
governing boards of 2 or more school districts to enter into an
agreement, for a term not to exceed 5 school years, for the
interdistrict attendance of pupils who are residents of the school
districts.
This bill would make changes in statutes relating to public
elementary and secondary schools, including specified statutes
relating to the educational services provided to individuals with
exceptional needs. The bill would prohibit a school district of
residence, regardless of whether an interdistrict transfer agreement
exists, from prohibiting the transfer of a pupil who is a child of an
active military duty parent, as defined, to a school district of
proposed enrollment if the school district of proposed enrollment
approves the application for transfer. The bill would make clarifying
changes in numerous terms and phrases, conform state statutes to
federal regulations, and update cross-references to statutes and to
state regulations adopted pursuant to federal regulations. The bill
would also delete requirements for the submission of numerous reports
relating to elementary and secondary education.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8261 of the Education Code is amended to read:
8261. (a) The Superintendent shall adopt rules and regulations
pursuant to this chapter. The rules and regulations shall include,
but not be limited to, provisions that do all of the following:
(1) Provide clear guidelines for the selection of agencies when
child development contracts are let, including, but not limited to,
specification that any agency headquartered in the proposed service
area on January 1, 1985, will be given priority for a new contract in
that area, unless the department makes a written determination that
(A) the agency is not able to deliver the level of services specified
in the request for proposal, or (B) the department has notified the
agency that it is not in compliance with the terms of its contract.
(2) Provide for a contract monitoring system to ensure that
agencies expend funds received pursuant to this chapter in accordance
with the provisions of their contracts.
(3) Specify adequate standards of agency performance.
(4) Establish reporting requirements for service reports,
including provisions for varying the frequency with which these
reports are to be submitted on the basis of agency performance.
(5) Specify standards for withholding payments to agencies that
fail to submit required fiscal reports.
(6) Set forth standards for department site visits to contracting
agencies, including, but not limited to, specification as to the
purpose of the visits, the personnel that will perform these visits,
and the frequency of these visits which shall be as frequently as
staff and budget resources permit.
(7) Authorize the department to develop a process that requires
every contracting agency to recompete for continued funding no less
frequently than every five years.
(b) The Superintendent shall consult with the State Department of
Social Services with respect to rules and regulations adopted
relative to the disbursal of federal funds under Title XX of the
federal Social Security Act.
(c) For purposes of expediting the implementation of state or
federal legislation to expand child care services, the Superintendent
may waive (1) the regulations regarding the point qualifications
for, and the process and scoring of, interviews of contract
applicants pursuant to Section 18002 of Title 5 of the California
Code of Regulations, or (2) the time limitations for scheduling and
notification of appeal hearings and their results pursuant to Section
18003 of Title 5 of the California Code of Regulations. The
Superintendent shall ensure that the appeal hearings provided for in
Section 18003 of Title 5 of the California Code of Regulations are
conducted in a timely manner.
(d) (1) Child care and development programs operated under
contract from funds made available pursuant to the federal Child Care
and Development Fund shall be administered according to Chapter 19
(commencing with Section 17906) of Division 1 of Title 5 of the
California Code of Regulations, unless provisions of these
regulations conflict with federal regulations. If state and federal
regulations conflict, the federal regulations shall apply unless a
waiver of federal regulations is authorized.
(2) For purposes of this section, "Child Care and Development Fund"
has the same meaning as in Section 98.2 of Title 45 of the Code of
Federal Regulations.
SEC. 2. Section 32253 of the Education Code is repealed.
SEC. 3. Section 35147 of the Education Code is amended to read:
35147. (a) Except as specified in this section, any meeting of
the councils or committees specified in subdivision (b) is exempt
from the provisions of this article, the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Division 3 of Title 2 of the Government Code), and the Ralph M. Brown
Act (Chapter 9 (commencing with Section 54950) of Division 2 of
Title 5 of the Government Code).
(b) The councils and schoolsite advisory committees established
pursuant to Sections 52063, 52069, 52176, and 52852, subdivision (b)
of Section 54425, Sections 54444.2 and 62002.5, and committees formed
pursuant to Section 11503 are subject to this section.
(c) (1) Any meeting held by a council or committee specified in
subdivision (b) shall be open to the public, and any member of the
public shall be able to address the council or committee during the
meeting on any item within the subject matter jurisdiction of the
council or committee. Notice of the meeting shall be posted at the
schoolsite, or other appropriate place accessible to the public, at
least 72 hours before the time set for the meeting. The notice shall
specify the date, time, and location of the meeting and contain an
agenda describing each item of business to be discussed or acted
upon. The council or committee may not take any action on any item of
business unless that item appeared on the posted agenda or unless
the council or committee members present, by unanimous vote, find
that there is a need to take immediate action and that the need for
action came to the attention of the council or committee subsequent
to the posting of the agenda.
(2) Questions or brief statements made at a meeting by members of
the council, committee, or public that do not have a significant
effect on pupils or employees in the school or school district, or
that can be resolved solely by the provision of information, need not
be described on an agenda as items of business. If a council or
committee violates the procedural meeting requirements of this
section, upon demand of any person, the council or committee shall
reconsider the item at its next meeting, after allowing for public
input on the item.
(d) Any materials provided to a schoolsite council shall be made
available to any member of the public who requests the materials
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
SEC. 4. Section 35514 of the Education Code is amended to read:
35514. As used in this chapter and in Chapter 4 (commencing with
Section 35700):
(a) "Affected district" means a school district that has been, or
is proposed to be, affected by an action to reorganize pursuant to
Section 35511 or by an action to lapse a school district pursuant to
Section 35780.1. Affected districts include all of the following
school district types:
(1) "Original district" means a school district as it existed
before an action to reorganize pursuant to Section 35511 or before an
action to lapse a school district pursuant to Section 35780.1. The
boundaries of an "original district" are those of the school district
as it existed immediately before the action to reorganize or lapse.
(2) "Former district" means a school district that has been wholly
included in another school district, or has had all of its territory
made part of two or more other school districts, through any action
taken pursuant to Section 35511 or through a lapsation pursuant to
Section 35780.1. The boundaries of a former district are those of the
school district as it existed immediately before an action to
reorganize or lapse.
(3) "New district" means a school district that is formed from all
or portions of one or more other school districts by an action to
reorganize taken pursuant to subdivision (a) of Section 35511. A new
district does not exist before such an action.
(4) "Acquiring district" means a school district that has all or
portions of one or more other school districts transferred into, or
lapsed into, its boundaries pursuant to subdivision (b) of Section
35511 or Section 35780.1.
(5) "Divided district" means a school district that has had a
portion of its territory become part of a new school district or
transferred into one or more other school districts by an action to
reorganize taken pursuant to Section 35511.
(A) The "reorganized portion of a divided district" means the
portion of the divided school district's territory that becomes part
of a new school district or is transferred into one or more other
school districts.
(B) The "remaining portion of a divided district" means the
portion of the divided school district's territory that does not
become part of a new school district or that is not transferred into
one or more other school districts.
(6) "Reorganized district" means a school district that is a "new
district," an "acquiring district," or a "divided district."
(b) "Districts" means school districts of every kind or class.
SEC. 5. Section 35531 of the Education Code is amended to read:
35531. An action to form a unified school district pursuant to
Section 35542 is complete upon the date of completion of the action
by which the boundaries of the school districts comprising the
unified school district become coterminous.
SEC. 6. Section 35545 of the Education Code is amended to read:
35545. (a) Before the date upon which a reorganized district
becomes effective for all purposes, the county committee may include
all, or part of, the territory in plans and recommendations for
further reorganization.
(b) During the first five years after the effective date for all
purposes of the formation of a new district, no territory shall be
removed from the school district without the consent of the governing
board of the school district.
SEC. 7. Section 35555 of the Education Code is amended to read:
35555. (a) The reorganization of any school district or school
districts shall not affect the classification of certificated
employees already employed by any school district affected. Those
employees have the same status with respect to their classification
by the school district, including time served as probationary
employees of the school district, after the reorganization as they
had before it. If the reorganization results in the school or other
place in which the employee is employed being maintained by another
school district, the employee, if a permanent employee of the school
district that formerly maintained the school or other place of
employment, shall be employed as a permanent employee of the school
district that thereafter maintains the school or other place of
employment, unless the employee elects before February 1 of the year
in which the action will become effective for all purposes to
continue in the employ of the first school district.
(b) If the employee is a probationary employee of the school
district that formerly maintained the school or other place of
employment, he or she shall be employed by the school district that
thereafter maintains the school or other place of employment, unless
the probationary employee is terminated by the school district
pursuant to Section 44929.21, 44948, 44948.3, 44949, or 44955, and,
if not so terminated, his or her status with respect to
classification by the school district shall be the same as it would
have been had the school or other place of employment continued to be
maintained by the school district that formerly maintained it. As
used in this paragraph, "the school or other place in which the
employee is employed" and all references thereto, includes, but is
not necessarily limited to, the school services or school program
that, as a result of any reorganization of a school district, will be
provided by another school district, irrespective of whether any
particular building or buildings in which the schoolwork or school
program was conducted is physically located in the reorganized
district and irrespective of whether any reorganized district elects
to provide for the education of its pupils by contracting with
another school district until the reorganized district constructs its
own facilities.
SEC. 8. Section 35556 of the Education Code is amended to read:
35556. (a) The reorganization of any school district, or school
districts, shall not affect the rights of persons employed in
positions not requiring certification qualifications to retain the
salary, leaves, and other benefits that they would have had if the
reorganization had not occurred. These persons shall be treated in
the manner provided in this section.
(b) All employees of every school district that is included in any
other school district, or all school districts included in a new
district, shall become employees of the new district.
(c) (1) When a portion of the territory of any school district
becomes part of another school district, employees regularly assigned
to perform their duties in the territory affected shall become
employees of the acquiring district unless, in a manner consistent
with relevant provisions of this code and with any applicable
collective bargaining agreement, one of the following events occurs:
(A) An employee elects to accept a vacant position, for which he
or she qualifies, that the original district elects to fill.
(B) An employee elects to fill, by exercise of his or her rights
of seniority under existing law or the collective bargaining
agreement with the original district, a position, for which he or she
qualifies, in the original district.
(C) An employee elects to have his or her name entered on a
reemployment list of the original district.
(2) Employees whose assignments pertained to the affected
territory, but whose employment situs was not in that territory, may
elect to remain with the original district or become employees of the
acquiring district.
(d) When the territory of any school district is divided between,
or among, two or more new or acquiring districts, and the original
district ceases to exist, employees of the original district
regularly assigned to perform their duties in any specific territory
of the school district shall become employees of the school district
acquiring the territory. Employees not assigned to specific territory
within the original district shall become employees of any acquiring
district at the election of the employees.
(e) An employee regularly assigned by the original district to any
school in the school district shall be an employee of the school
district in which the school is located unless that employee elects
to continue in the employ of the original district pursuant to
subdivision (c).
(f) Except as otherwise provided in this section, nothing in this
section shall be construed to deprive the governing board of the new
or acquiring district from making reasonable reassignments of duties.
(g) The amendments to this section made during the 1999-2000
Regular Session of the Legislature shall apply only to school
district reorganizations commenced on or after January 1, 2000.
SEC. 9. Section 35559 of the Education Code is amended to read:
35559. Notwithstanding Sections 5000 and 35105, when the first
elected board of any new district is elected on the same date that
the election is held for adopting the proposal for the formation of
the new district and when the terms of several members of the first
governing board would expire before the date on which the school
district becomes effective for all purposes, no election shall be
held in November of that odd-numbered year, but the several members
whose terms expire shall serve until April 30 of the next succeeding
even-numbered year. A governing board election shall be held on the
second Tuesday in April of that even-numbered year to fill the
offices of the members whose terms expire on the April 30 next
succeeding the election. The terms of office of the members so
elected shall expire on the first Friday in December of the second
succeeding odd-numbered year. Their successors shall be elected
pursuant to Section 5000.
SEC. 10. Section 35561 of the Education Code is amended to read:
35561. Any funds derived from the sale of the school bonds issued
by the original district shall be used for the acquisition,
construction, or improvement of school property only in the territory
that comprised the original district or to discharge bonded
indebtedness of the original district, except that, if the bonded
indebtedness is assumed by the new or acquiring district, the funds
may be used in any area of the new district for the purposes for
which the bonds were originally voted.
SEC. 11. Section 35562 of the Education Code is amended to read:
35562. If all the territory of a school district becomes part of
two or more school districts of any type, and the inclusion in the
two or more new or acquiring districts of the several portions of
territory comprising the whole of the former district is effective
for all purposes on the same date, the records of the former district
shall be disposed of as follows:
(a) All records of the former district that are required by law to
be kept on file shall be deposited with the governing board of the
school district which, after the reorganization has become effective
for all purposes, has located within its boundaries the former office
of the superintendent of the original district.
(b) Records of employees shall be transferred to the school
district thereafter employing the personnel or thereafter maintaining
the last place of employment.
(c) Records of pupils shall be transferred to the school district
that, after the date on which the reorganization becomes effective
for all purposes, maintains the school in which a pupil was last
enrolled.
SEC. 12. Section 35563 of the Education Code is amended to read:
35563. (a) If all of the territory of a school district becomes
part of two or more school districts of any type, and the inclusion
in the two or more new school districts of the several portions of
territory comprising the former district is effective for all
purposes on the same date, the county superintendent of schools
having jurisdiction over the former district shall assume
responsibility for all of the following:
(1) Completing all records and reports of the former district.
(2) Paying all outstanding obligations, except obligations
resulting from contracts that are to be assumed by a new or acquiring
district.
(3) Preparing for proper filing all records of the former district
required to be kept permanently by the provisions of any applicable
code.
(4) Distributing records as provided in Section 35562.
(5) Employing an auditor as required in Section 41020.
(6) Discharging other functions that he or she deems necessary to
the dissolution of the school district.
(b) In discharging these duties, the county superintendent of
schools may request the services of employees of the original
district or the new or acquiring district, and the new or acquiring
districts shall release those employees to the county superintendent
of schools for the purpose of accomplishing the requirements of this
section. The salaries of those employees and all other necessary
expenses of completing the requirements of this section shall be
charged against the accumulated funds of the former district before
the final distribution of those funds to the new or acquiring
districts.
SEC. 13. Section 35566 of the Education Code is amended to read:
35566. Notwithstanding any other provision of this article,
exchanges of property tax revenues between school districts as a
result of an action to reorganize shall be determined pursuant to
subdivision (i) of Section 99 of the Revenue and Taxation Code if one
or more affected districts receive only basic aid apportionments
required by Section 6 of Article IX of the California Constitution.
SEC. 14. Section 35572 of the Education Code is amended to read:
35572. No territory shall be taken from any school district
having any outstanding bonded indebtedness and made a part of another
school district where the action, if taken, would so reduce the last
equalized assessed valuation of the divided district so that the
outstanding bonded indebtedness of the divided district would exceed
5 percent of the assessed valuation in the remaining territory of the
divided district for each level maintained, on the date the
reorganization is effective pursuant to Section 35766.
SEC. 15. Section 35574 of the Education Code is amended to read:
35574. Notwithstanding any other provision of this code, for the
purposes of applying the State School Building Aid Law of 1952
(Chapter 6 (commencing with Section 16000) of Part 10 of Division 1
of Title 1), the amount of outstanding bonded indebtedness, exclusive
of interest, of the former or divided districts that is equal to the
liability incurred by the new or acquiring district pursuant to
Section 35576 shall be considered a liability of the new or acquiring
district for purposes of computing the bonding capacity of the
school district.
SEC. 16. Section 35576 of the Education Code is amended to read:
35576. (a) If territory is taken from one school district and
annexed to, or included in, a new or acquiring district by any
procedure, and the area transferred contains real property, the new
or acquiring district shall take possession of the real property,
pursuant to paragraph (1) of subdivision (a) of Section 35560, on the
day when the action to reorganize becomes effective for all
purposes. The reorganized territory shall cease to be liable for the
bonded indebtedness of the school district of which it was formerly a
part, and shall automatically assume its proportionate share of the
outstanding bonded indebtedness of any school district of which it
becomes a part.
(b) The new or acquiring district shall be liable for the greater
of the amounts determined under provisions of paragraph (1) or (2),
or the amount determined pursuant to a method prescribed under
Section 35738.
(1) The proportionate share of the outstanding bonded indebtedness
of the original district, which proportionate share shall be in the
ratio that the total assessed valuation of the transferring territory
bears to the total assessed valuation of the original district in
the year immediately preceding the date on which the action to
reorganize is effective for all purposes. This ratio shall be used
each year until the bonded indebtedness for which the new or
acquiring district is liable has been repaid.
(2) The portion of the outstanding bonded indebtedness of the
original district that was incurred for the acquisition or
improvement of real property, or fixtures located on the real
property, and situated in the reorganized territory.
(c) The county board of supervisors shall compute for the
reorganized districts an annual tax rate for bond interest and
redemption that will include the bond interest and redemption on the
outstanding bonded indebtedness specified in paragraph (1) or (2) of
subdivision (b), or the amount determined pursuant to a method
prescribed under Section 35738. The county board of supervisors shall
also compute tax rates for the annual charge and use charge
prescribed by former Sections 1822.2 and 1825, as they read on July
1, 1970, when those charges were established before November 23,
1970. All of those tax rates shall be levied in excess of any other
ad valorem property tax authorized or required by law, and shall not
be included in the computation of the limitation specified in
subdivision (a) of Section 1 of Article XIII A of the California
Constitution.
SEC. 17. Section 35577 of the Education Code is amended to read:
35577. Whenever a school district having authorized but unsold
bonds is completely divided between two or more new or acquiring
districts so that the original district ceases to exist, pursuant to
any provision of this chapter, the board of supervisors shall, before
the date the action is effective for the purposes of Section 35534,
make and enter an order in the minutes of its proceedings that the
authorization to issue the unsold bonds be divided between each new
or acquiring district in the ratio that the assessed valuation of the
reorganized territory included in each school district bears to the
total assessed valuation of the former district. The bonds, if issued
by any new or acquiring district, shall be considered a liability of
the school district for purposes of computing the bonding capacity
of the school district when applying the State School Building Aid
Law of 1952 (Chapter 6 (commencing with Section 16000) of Part 10 of
Division 1 of Title 1).
SEC. 18. Section 35578 of the Education Code is amended to read:
35578. Any unsold bonds of an elementary, high, or unified school
district that is included as a whole in a new or acquiring district
through any kind of reorganization may be issued by the board of
supervisors in the name of the new or acquiring district and the
proceeds derived upon the sale thereof shall be the funds of the new
or acquiring district. However, the proceeds derived upon the sale
thereof shall be expended only for the purpose, or purposes, for
which those bonds were authorized.
SEC. 19. Section 35579 of the Education Code is amended to read:
35579. Any unsold bonds of an elementary, high, or unified school
district that is included as a whole in a new or acquiring district
through any kind of reorganization, if issued by the board of
supervisors in the names of the former districts shall be considered
a liability of the new or acquiring district for purposes of
computing the bonding capacity of the school district when applying
the State School Building Aid Law of 1952 (Chapter 6 (commencing with
Section 16000) of Part 10 of Division 1 of Title 1).
SEC. 20. Section 35700.1 of the Education Code is amended to read:
35700.1. (a) A county superintendent of schools may do any of the
following, as necessary, with respect to the reorganization of
school districts within the jurisdiction of a county superintendent
of schools:
(1) Before the initiation of an action to reorganize, a county
superintendent of schools may do any of the following:
(A) Provide information, coordination, and guidance to potential
petitioners for reorganization and to other parties inquiring about
the petition process.
(B) Provide procedural advice and counseling.
(C) Provide information and assistance for community meetings,
information sessions, and briefing sessions.
(D) Provide for coordination of media and community relations.
(2) A county superintendent of schools may perform the following
duties for the processing and evaluation of multiple petitions to
reorganize one or more school districts:
(A) Ensure compliance with all requirements pertaining to the
petitions.
(B) Ensure compliance with all required timelines or deadlines for
petitions.
(C) Apply new and preexisting evaluation criteria to the petition.
(3) A county superintendent of schools may provide assistance to
reorganized districts during the interim period, as follows:
(A) To ensure smooth
transitions with minimum disruption to pupils and staff.
(B) To provide advisory and consulting expertise on any of the
following:
(i) Board and administrative policies and regulations.
(ii) Personnel policies.
(iii) Curriculum.
(iv) Instructional programs and services.
(v) Financial and budgeting functions.
(vi) Distribution of assets and liabilities.
(b) No funds appropriated in the annual Budget Act or another
statute and allocated to the Los Angeles County Office of Education
shall be used to instigate, solicit, or promote the development of
plans to reorganize a school district or school districts within the
jurisdiction of the county office of education, except that the funds
may be used to support the research necessary to review and make
recommendations regarding reorganization plans that are submitted to
the county office of education.
SEC. 21. Section 35705.5 of the Education Code is amended to read:
35705.5. (a) The county committee may add to the petition any of
the appropriate provisions specified in Article 3 (commencing with
Section 35730) that were not included in the petition as filed and
may amend any such provision that was so included.
(b) At least 10 days before the public hearing, or hearings, on
the petition, the county committee shall make available to the public
and to the governing boards affected by the petition a description
of the petition, including all of the following:
(1) The rights of the employees in the affected districts to
continued employment.
(2) The local control funding formula allocation pursuant to
Section 42238.02, as implemented by Section 42238.03, per pupil, for
each affected district and the effect of the petition, if approved,
on that allocation.
(3) Whether the school districts involved will be governed, in
part, by provisions of a city charter and, if so, in what way.
(4) Whether the governing boards of any proposed new district will
have five or seven members.
(5) A description of the territory or school districts in which
the election, if any, will be held.
(6) Where the proposal is to create two or more new districts,
whether the proposal will be voted on as a single proposition.
(7) Whether the governing board of any new district will have
trustee areas and, if so, whether the trustees will be elected by
only the voters of that trustee area or by the voters of the entire
school district.
(8) A description of how the property, obligations, and bonded
indebtedness of original districts will be divided.
(9) A description of when the first governing board of any new
district will be elected and how the terms of office for each new
trustee will be determined.
SEC. 22. Section 35706 of the Education Code is amended to read:
35706. (a) Within 120 days of the commencement of the first
public hearing on the petition, the county committee shall recommend
approval or disapproval of a petition to form one or more new
districts or for the division of the entire territory of a school
district into two or more new or acquiring districts, as the petition
may be augmented, or shall approve or disapprove a petition for the
transfer of territory, as the petition may be augmented. The county
committee also shall approve or disapprove a petition to form one or
more new districts if the conditions of subdivision (b) of Section
35710 are met.
(b) The 120-day period for approving or disapproving a petition
pursuant to Section 35709 or 35710 shall commence after certification
of an environmental impact report, approval of a negative
declaration, or a determination that the project is exempt from the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
SEC. 23. Section 35706.5 of the Education Code is amended to read:
35706.5. (a) No action to reorganize a school district shall be
initiated or completed without the consent of a majority of all of
the members of the governing board of the affected district if both
of the following conditions apply to the school district:
(1) It has obtained an emergency apportionment loan from the State
of California, but the Superintendent has determined that a state
administrator is no longer necessary, and has restored, before the
effective date of this section, the legal rights, duties, and powers
of the governing board of the school district pursuant to Section
41326.
(2) It has a pupil population 70 percent of which is from either a
"lower income household" or "very low income household" as those
terms are defined in Sections 50079.5 and 50105, respectively, of the
Health and Safety Code.
(b) For purposes of this section, for any school district that
meets the description specified in paragraph (1) of subdivision (a),
consent to an action to reorganize the boundaries of the school
district shall no longer be required when 10 years have elapsed from
the date of final payment by the school district of the emergency
loan to the State of California.
SEC. 24. Section 35708 of the Education Code is amended to read:
35708. Except for a petition to form one or more new districts
approved pursuant to subdivision (b) of Section 35710, a petition
transmitted pursuant to Section 35707, including the plans and
recommendations included therein, if any, together with the
recommended approval or disapproval and the plans and
recommendations, if any, of the county committee shall be heard by
the state board as provided in Article 4 (commencing with Section
35750).
SEC. 25. Section 35709 of the Education Code is amended to read:
35709. If the following conditions are met, the county committee
may approve the petition and order that the petition be granted, and
shall so notify the county board of supervisors:
(a) The county committee finds that the conditions enumerated in
paragraphs (1) to (10), inclusive, of subdivision (a) of Section
35753 are substantially met, and:
(b) Either:
(1) The petition is to transfer uninhabited territory from one
school district to another and the owner of the territory, or a
majority of the owners of the territory, and the governing board of
each affected district consents to the transfer; or
(2) The petition is to transfer inhabited territory of less than
10 percent of the assessed valuation of the school district from
which the territory is being transferred, and the governing board of
each affected district consents to the transfer.
SEC. 26. Section 35710 of the Education Code is amended to read:
35710. (a) For all other petitions to transfer territory, if the
county committee finds that the conditions enumerated in paragraphs
(1) to (10), inclusive, of subdivision (a) of Section 35753
substantially are met, the county committee may approve the petition
and, if approved, shall notify the county superintendent of schools
who shall call an election in the territory of the affected districts
as determined by the county committee, to be conducted at the next
election of any kind in accordance with either of the following:
(1) Section 1002 of the Elections Code and Part 4 (commencing with
Section 5000) of Division 1 of Title 1.
(2) Division 4 (commencing with Section 4000) of the Elections
Code.
(b) A county committee also may approve a petition to form one or
more new districts if the requirements of subdivision (a), and the
following conditions, are met:
(1) Each county superintendent of schools with jurisdiction over
an affected district elects to grant approval authority to the county
committee on school district organization for which he or she is
secretary pursuant to Section 4012, and that county committee chooses
to accept that authority.
(2) The governing board of each of the affected districts consents
to the petition.
(3) The secretary of the county committee designated as the lead
agency pursuant to Section 35710.3 or subdivision (a) of Section
35520.5 enters into an agreement on behalf of the county committee
for any or all affected districts to share among those districts the
costs of complying with the requirements of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(c) A petition to form one or more new districts that meets the
conditions described in subdivision (b), but is not approved by the
county committee, shall be transmitted to the state board pursuant to
subdivision (a) of Section 35707 and heard by the state board
pursuant to Section 35708. The state board, rather than the county
committee, shall be the lead agency, as defined in Section 21067 of
the Public Resources Code, for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) for each petition transmitted
pursuant to this subdivision, including a petition disapproved by the
county committee after determining the project is exempt from the
California Environmental Quality Act pursuant to paragraph (5) of
subdivision (b) of Section 21080 of the Public Resources Code.
SEC. 27. Section 35711 of the Education Code is amended to read:
35711. (a) A person questioning the finding of the county
committee pursuant to Section 35709 or 35710 that the action to
transfer territory or form one or more new districts will not
adversely affect the racial or ethnic integration of the schools of
the districts affected, may appeal a decision based on that finding.
The appeal shall be made to the state board within 30 days. The
appeal shall be based upon factual and statistical evidence.
(b) If the state board denies the appeal, the decision of the
county committee shall stand. If the state board approves the appeal,
it shall review the findings of the county committee at a regular
meeting of the state board.
(c) The state board shall notify the county committee of its
decision on the appeal. If the state board approves the appeal, the
county committee shall transmit a copy of the proceedings to the
state board within 30 days after receipt of notice. The state board
shall review the transcript, considering all factors involved. The
state board may reverse, or may affirm, the decision of the county
committee, or if it appears that inadequate consideration was given
to the effect of the transfer on integration of the schools of the
school districts affected, it shall direct the county committee to
reconsider its decision and for this purpose to hold another hearing.
SEC. 28. Section 35720.5 of the Education Code is amended to read:
35720.5. (a) The county committee shall adopt a tentative
recommendation following which action it shall hold one or more
public hearings in the area proposed for reorganization at least 30
days before submission of a final recommendation for unification or
other reorganization to the state board.
(b) The public hearing required by this section shall be called
when both of the following conditions are met:
(1) Notice is sent to the governing board of each affected
district at least 10 days before the hearing.
(2) Notice of the hearing is either published in a newspaper of
general circulation or posted in every schoolhouse and at least three
public places in the affected territory, school district, or school
districts.
(c) The notice shall contain information as to the time, place,
and purpose of the hearing.
SEC. 29. Section 35736 of the Education Code is amended to read:
35736. Plans and recommendations may include a proposal for
dividing the property, other than real property, and obligations of
any school district proposed to be divided between two or more new or
acquiring districts, or proposed to be partially included in one or
more new or acquiring districts. As used in this section, "property"
includes funds, cash on hand, and moneys due but uncollected on the
date reorganization becomes effective for all purposes, and state
apportionments based on average daily attendance earned in the year
immediately preceding the date reorganization becomes effective for
all purposes. In providing for this division, the plans and
recommendations may consider the assessed valuation of each portion
of the school district, the local control funding formula allocation
pursuant to Section 42238.02, as implemented by Section 42238.03, in
each school district, the number of children of schoolage residing in
each portion of the school district, the value and location of the
school property, and other matters that may be deemed pertinent and
equitable. Any such proposal shall be an integral part of the
proposal and not a separate proposition.
SEC. 30. Section 35740 of the Education Code is amended to read:
35740. In addition to satisfying the requirements of subdivision
(j) of Section 42127.6, upon the approval of a petition for
reorganization and continuing after the certification of the election
results for an action to reorganize a school district pursuant to
Section 35763, or upon the appointment of an interim governing board
pursuant to Section 35100, until the effective date of the
reorganized district in accordance with Article 4 (commencing with
Section 35530) of Chapter 3, an affected district is subject to all
of the following:
(a) (1) The interim board or the governing board of the original
district or districts, and, where applicable, the administrators of
the original district or districts, shall notify the county
superintendent of schools in writing, and provide relevant documents
and information no less than 10 schooldays before taking any action
on any matter that could have a material fiscal impact on, or impose
a debt or liability on, the original, proposed, or reorganized school
district.
(2) Notwithstanding any other law, failure to provide the notice
and relevant documents and information required by paragraph (1)
shall nullify the action taken by the board or administrator of the
affected district or districts.
(3) As used in this section, "schoolday" means a day upon which
the schools of the district are in session or nonholiday weekdays
during the summer recess.
(b) The county superintendent of schools may review any action
taken or proposed to be taken by any interim or existing governing
board or school district administrators to determine whether that
action would have a material fiscal impact, debt, or liability on the
original, proposed, or reorganized school district. If, based on the
review of the county superintendent of schools, the county
superintendent of schools determines that the action or proposed
action would have a material fiscal impact on the original, proposed,
or reorganized school district, and that action is unnecessary for
the immediate functioning of the original or reorganized school
district, the county superintendent of schools may stay or rescind
that action. The county superintendent of schools shall inform the
original or interim reorganized school district governing board or
the school district administrators in writing of his or her
justification for the exercise of authority under this subdivision to
stay or rescind any action of the interim or original school
district governing board.
(c) A school district shall provide any documents or information
requested by the county superintendent of schools in a timely manner
related to proposed actions that are under review pursuant to this
section.
(d) The provisions of this section shall apply irrespective of a
school district's budget or certification status under Article 2
(commencing with Section 42120) or Article 3 (commencing with Section
42130) of Chapter 6 of Part 24.
SEC. 31. Section 35753 of the Education Code is amended to read:
35753. (a) The state board may approve proposals for the
reorganization of school districts, if the state board has
determined, with respect to the proposal and the resulting school
districts, that all of the following conditions are substantially
met:
(1) The reorganized districts will be adequate in terms of number
of pupils enrolled.
(2) The school districts are each organized on the basis of a
substantial community identity.
(3) The proposal will result in an equitable division of property
and facilities of the original district or districts.
(4) The reorganization of the school districts will preserve each
affected district's ability to educate pupils in an integrated
environment and will not promote racial or ethnic discrimination or
segregation.
(5) Any increase in costs to the state as a result of the
proposed reorganization will be insignificant and otherwise
incidental to the reorganization.
(6) The proposed reorganization will continue to promote sound
education performance and will not significantly disrupt the
educational programs in the affected districts.
(7) Any increase in school facilities costs as a result of the
proposed reorganization will be insignificant and otherwise
incidental to the reorganization.
(8) The proposed reorganization is primarily designed for purposes
other than to significantly increase property values.
(9) The proposed reorganization will continue to promote sound
fiscal management and not cause a substantial negative effect on the
fiscal status of the affected district.
(10) Any other criteria that the state board may, by regulation,
prescribe.
(b) The state board may approve a proposal for the reorganization
of school districts if the state board determines that it is not
practical or possible to apply the criteria of this section
literally, and that the circumstances with respect to the proposals
provide an exceptional situation sufficient to justify approval of
the proposals.
SEC. 32. Section 35754 of the Education Code is amended to read:
35754. After affording interested persons an opportunity to
present their views on the petition to reorganize school districts,
and after hearing any findings and recommendations of the
Superintendent, the state board shall approve or disapprove the
petition. If the state board approves the petition, it may amend or
include in the proposal any of the appropriate provisions of Article
3 (commencing with Section 35730).
SEC. 33. Section 35755 of the Education Code is amended to read:
35755. After the state board has approved the plans and
recommendations for the unification or other reorganization of the
school districts in any area, including approval through affirmation
or reversal of the action of a county committee, the secretary of the
state board shall give notice of the approval to the county
superintendent of schools having jurisdiction over any of the school
districts whose boundaries or status would be affected by the
reorganization as proposed.
SEC. 34. Section 35759 of the Education Code is amended to read:
35759. The cost of preparation and distribution of the statement
setting forth the arguments in favor of, and those opposed to, the
recommendations of the county board, and the cost of any election
held pursuant to this article shall be a charge against the general
fund of the county. If the proposed reorganized district is situated
in more than one county, the cost of the election shall be prorated
against each county in the same proportion as the assessed valuation
of the territory of the proposed reorganized district lying in that
county bears to the total assessed valuation of the proposed
reorganized districts.
SEC. 35. Section 35780 of the Education Code is amended to read:
35780. (a) A school district that has been organized for more
than three years shall be lapsed as provided in this article if the
number of registered electors in the school district is less than six
or if the average daily attendance of pupils in the school or
schools maintained by the school district is less than six in grades
1 through 8 or is less than 11 in grades 9 through 12, except that
for any unified district that has established and continues to
operate at least one senior high school, the board of supervisors
shall defer the lapsation of the school district for one year upon a
written request of the governing board of the school district and
written concurrence of the county committee. The board of supervisors
shall make no more than three such deferments.
(b) For a new district that has been unable to provide the school
facilities necessary for instructional services by employees of the
school district to all of the pupils who are residents of the school
district after five years from the date that the reorganization
became effective, the county committee on school district
organization, upon direction from the state board, shall initiate
lapsation procedures pursuant to Section 35783 or revert the
reorganized district to its original status.
(c) A school district may also be lapsed when there are no school
facilities or sites on which to maintain any school in the school
district.
SEC. 36. Section 35780.1 of the Education Code is amended to read:
35780.1. For purposes of this article, the following terms have
the following meanings:
(a) "Lapse" means dissolving a school district and annexing the
entire territory of that school district to one or more adjoining
school districts.
(b) "Lapsation" means an action to lapse as defined by this
section.
SEC. 37. Section 37223 of the Education Code is amended to read:
37223. (a) The governing board of any elementary, high school, or
unified school district or any county superintendent of schools may
maintain classes on Saturday or Sunday, or both. The classes
maintained pursuant to this section may include, but are not
necessarily limited to, all of the following:
(1) Continuation classes.
(2) Special day classes for mentally gifted minors.
(3) Makeup classes for absences occurring during the week.
(4) The programs of a regional occupational center or regional
occupational program.
(b) Except as otherwise provided in this code, the attendance of
any pupil in a class or program held on a Saturday or Sunday shall
not result in the crediting of more than five days of attendance for
the pupil per week.
(c) Attendance at classes conducted on Saturday or Sunday, or
both, shall be at the election of the pupil or, in the case of a
minor pupil, the parent or guardian of the pupil. However, the
governing board may require truants, as defined by Section 48260, to
attend makeup classes conducted on one day of a weekend.
(d) Except as otherwise provided in this code, any class that is
offered on a Saturday or Sunday shall be one offered during the
regular Monday through Friday school week.
(e) The voluntary attendance of pupils in approved programs for
mentally gifted minors, as defined in Section 52200, in special
educational activities conducted on Saturday or Sunday shall not be
included in the computation of the average daily attendance of the
school district.
(f) Subdivisions (b) and (d) shall not apply to regional
occupational centers or programs.
SEC. 38. Section 41020.6 of the Education Code is repealed.
SEC. 39. Section 41320.3 of the Education Code is repealed.
SEC. 40. Section 41326 of the Education Code is amended to read:
41326. (a) Notwithstanding any other provision of this code, the
acceptance by a school district of an apportionment made pursuant to
Section 41320 that exceeds an amount equal to 200 percent of the
amount of the reserve recommended for that school district under the
standards and criteria adopted pursuant to Section 33127 constitutes
the agreement by the school district to the conditions set forth in
this article. Before applying for an emergency apportionment in the
amount identified in this subdivision, the governing board of a
school district shall discuss the need for that apportionment at a
regular or special meeting of the governing board of the school
district and, at that meeting, shall receive testimony regarding the
apportionment from parents, exclusive representatives of employees of
the school district, and other members of the community. For
purposes of this article, "qualifying school district" means a school
district that accepts a loan as described in this subdivision.
(b) The Superintendent shall assume all the legal rights, duties,
and powers of the governing board of a qualifying school district.
The Superintendent, in consultation with the county superintendent of
schools, shall appoint an administrator to act on his or her behalf
in exercising the authority described in this subdivision in
accordance with all of the following:
(1) The administrator shall serve under the direction and
supervision of the Superintendent until terminated by the
Superintendent at his or her discretion. The Superintendent shall
consult with the county superintendent of schools before terminating
the administrator.
(2) The administrator shall have recognized expertise in
management and finance.
(3) To facilitate the appointment of the administrator and the
employment of necessary staff, for purposes of this section, the
Superintendent is exempt from the requirements of Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code and Part 2 (commencing with Section 10100)
of Division 2 of the Public Contract Code.
(4) Notwithstanding any other law, the Superintendent may appoint
an employee of the state or the office of the county superintendent
of schools to act as administrator for up to the duration of the
administratorship. During the tenure of his or her appointment, the
administrator, if he or she is an employee of the state or the office
of the county superintendent of schools, is an employee of the
qualifying school district, but shall remain in the same retirement
system under the same plan that has been provided by his or her
employment with the state or the office of the county superintendent
of schools. Upon the expiration or termination of the appointment,
the employee shall have the right to return to his or her former
position, or to a position at substantially the same level as that
position, with the state or the office of the county superintendent
of schools. The time served in the appointment shall be counted for
all purposes as if the administrator had served that time in his or
her former position with the state or the office of the county
superintendent of schools.
(5) Except for an individual appointed as an administrator by the
Superintendent pursuant to paragraph (4), the administrator shall be
a member of the State Teachers' Retirement System, if qualified, for
the period of service as administrator, unless he or she elects in
writing not to become a member. A person who is a member or retirant
of the State Teachers'
Retirement System at the time of appointment shall continue to be a
member or retirant of the system for the duration of the appointment.
If the administrator chooses to become a member or is already a
member, the administrator shall be placed on the payroll of the
qualifying school district for purposes of providing appropriate
contributions to the system. The Superintendent may also require the
administrator to be placed on the payroll of the qualifying school
district for purposes of remuneration, other benefits, and payroll
deductions.
(6) For purposes of workers' compensation benefits, the
administrator is an employee of the qualifying school district,
except that an administrator appointed pursuant to paragraph (4) may
be deemed an employee of the state or office of the county
superintendent of schools, as applicable.
(7) The qualifying school district shall add the administrator as
a covered employee of the qualifying school district for all purposes
of errors and omissions liability insurance policies.
(8) The salary and benefits of the administrator shall be
established by the Superintendent and paid by the qualifying school
district.
(9) The Superintendent or the administrator may employ, on a
short-term basis and at the expense of the qualifying school
district, any staff necessary to assist the administrator, including,
but not limited to, a certified public accountant.
(10) The administrator may do all of the following:
(A) Implement substantial changes in the fiscal policies and
practices of the qualifying school district, including, if necessary,
the filing of a petition under Chapter 9 (commencing with Section
901) of Title 11 of the United States Code for the adjustment of
indebtedness.
(B) Revise the educational program of the qualifying school
district to reflect realistic income projections and pupil
performance relative to state standards.
(C) Encourage all members of the school community to accept a fair
share of the burden of the fiscal recovery of the qualifying school
district.
(D) Consult, for the purposes described in this subdivision, with
the governing board of the qualifying school district, the exclusive
representatives of the employees of the qualifying school district,
parents, and the community.
(E) Consult with, and seek recommendations from, the
Superintendent, the county superintendent of schools, and the County
Office Fiscal Crisis and Management Assistance Team authorized
pursuant to subdivision (c) of Section 42127.8 for purposes described
in this article.
(F) With the approval of the Superintendent, enter into agreements
on behalf of the qualifying school district and, subject to any
contractual obligation of the qualifying school district, change
existing school district rules, regulations, policies, or practices
as necessary for the effective implementation of the recovery plans
referred to in Sections 41327 and 41327.1.
(G) Request the advice and assistance of the California
Collaborative for Educational Excellence pursuant to paragraph (1) of
subdivision (f) of Section 52074.
(c) (1) Except as provided for in paragraph (2), the period of
time during which the Superintendent exercises the authority
described in subdivision (b), the governing board of the qualifying
school district shall serve as an advisory body reporting to the
state-appointed administrator, and has no rights, duties, or powers,
and is not entitled to any stipend, benefits, or other compensation
from the qualifying school district.
(2) (A) After one complete fiscal year has elapsed following the
qualifying school district's acceptance of an emergency
apportionment, the governing board of the qualifying school district
may conduct an annual advisory evaluation of an administrator for the
duration of the administratorship.
(B) An advisory evaluation of an administrator shall focus on the
administrator's effectiveness in leading the qualifying school
district toward fiscal recovery and improved academic achievement.
Advisory evaluation criteria shall be agreed upon by the governing
board of the qualifying school district and the administrator before
the advisory evaluation. The advisory evaluation shall include, but
not be limited to, all of the following:
(i) Goals and standards consistent with Section 41327.1.
(ii) Commendations in the areas of the administrator's strengths
and achievements.
(iii) Recommendations for improving the administrator's
effectiveness in areas of concern and unsatisfactory performance.
(C) An advisory evaluation of an administrator conducted by the
governing board of a qualifying school district shall be submitted to
the Governor, the Legislature, the Superintendent, and the County
Office Fiscal Crisis and Management Assistance Team.
(3) Upon the appointment of an administrator pursuant to this
section, the district superintendent of schools is no longer an
employee of the qualifying school district.
(4) A determination of the severance compensation for the district
superintendent of schools shall be made pursuant to subdivision (j).
(d) Notwithstanding Section 35031 or any other law, the
administrator, after according the affected employee reasonable
notice and the opportunity for a hearing, may terminate the
employment of a deputy, associate, assistant superintendent, or other
school district level administrator who is employed by a qualifying
school district under a contract of employment signed or renewed
after January 1, 1992, if the employee fails to document, to the
satisfaction of the administrator, that before the date of the
acceptance of the emergency apportionment he or she either advised
the governing board of the qualifying school district, or his or her
superior, that actions contemplated or taken by the governing board
of the qualifying school district could result in the fiscal
insolvency of the qualifying school district, or took other
appropriate action to avert that fiscal insolvency.
(e) The authority of the Superintendent, and the administrator,
under this section shall continue until all of the following occur:
(1) (A) After one complete fiscal year has elapsed following the
qualifying school district's acceptance of an emergency apportionment
as described in subdivision (a), the administrator determines, and
so notifies the Superintendent and the county superintendent of
schools, that future compliance by the qualifying school district
with the recovery plans approved pursuant to paragraph (2) is
probable.
(B) The Superintendent may return power to the governing board of
the qualifying school district for an area listed in subdivision (a)
of Section 41327.1 if performance under the recovery plan for that
area has been demonstrated to the satisfaction of the Superintendent.
(2) The Superintendent has approved all of the recovery plans
referred to in subdivision (a) of Section 41327 and the County Office
Fiscal Crisis and Management Assistance Team completes the
improvement plans specified in Section 41327.1 and has completed a
minimum of two reports identifying the qualifying school district's
progress in implementing the improvement plans.
(3) The administrator certifies that all necessary collective
bargaining agreements have been negotiated and ratified, and that the
agreements are consistent with the terms of the recovery plans.
(4) The qualifying school district has completed all reports
required by the Superintendent and the administrator.
(5) The Superintendent determines that future compliance by the
qualifying school district with the recovery plans approved pursuant
to paragraph (2) is probable.
(f) When the conditions stated in subdivision (e) have been met,
and at least 60 days after the Superintendent has notified the
Legislature, the Department of Finance, the Controller, and the
county superintendent of schools that he or she expects the
conditions prescribed pursuant to this section to be met, the
governing board of the qualifying school district shall regain all of
its legal rights, duties, and powers, except for the powers held by
the trustee provided for pursuant to Article 2 (commencing with
Section 41320). The Superintendent shall appoint a trustee under
Section 41320.1 to monitor and review the operations of the
qualifying school district until the conditions of subdivision (b) of
that section have been met.
(g) Notwithstanding subdivision (f), if the qualifying school
district violates a provision of the recovery plans approved by the
Superintendent pursuant to this article within five years after the
trustee appointed pursuant to Section 41320.1 is removed or after the
emergency apportionment is repaid, whichever occurs later, or the
improvement plans specified in Section 41327.1 during the period of
the trustee's appointment, the Superintendent may reassume, either
directly or through an administrator appointed in accordance with
this section, all of the legal rights, duties, and powers of the
governing board of the qualifying school district. The Superintendent
shall return to the governing board of the qualifying school
district all of its legal rights, duties, and powers reassumed under
this subdivision when he or she determines that future compliance
with the approved recovery plans is probable, or after a period of
one year, whichever occurs later.
(h) Article 2 (commencing with Section 41320) shall apply except
as otherwise specified in this article.
(i) It is the intent of the Legislature that the legislative
budget subcommittees annually conduct a review of each qualifying
school district that includes an evaluation of the financial
condition of the qualifying school district, the impact of the
recovery plans upon the qualifying school district's educational
program, and the efforts made by the state-appointed administrator to
obtain input from the community and the governing board of the
qualifying school district.
(j) (1) The district superintendent of schools is entitled to a
due process hearing for purposes of determining final compensation.
The final compensation of the district superintendent of schools
shall be between zero and six times his or her monthly salary. The
outcome of the due process hearing shall be reported to the
Superintendent and the public. The information provided to the public
shall explain the rationale for the compensation.
(2) This subdivision applies only to a contract for employment
negotiated on or after June 21, 2004.
(k) (1) When the Superintendent assumes control over a qualifying
school district pursuant to subdivision (b), he or she shall, in
consultation with the County Office Fiscal Crisis and Management
Assistance Team, review the fiscal oversight of the qualifying school
district by the county superintendent of schools. The Superintendent
may consult with other fiscal experts, including other county
superintendents of schools and regional fiscal teams, in conducting
this review.
(2) Within three months of assuming control over a qualifying
school district, the Superintendent shall report his or her findings
to the Legislature and shall provide a copy of that report to the
Department of Finance. This report shall include findings as to
fiscal oversight actions that were or were not taken and may include
recommendations as to an appropriate legislative response to improve
fiscal oversight.
(3) If, after performing the duties described in paragraphs (1)
and (2), the Superintendent determines that the county superintendent
of schools failed to carry out his or her responsibilities for
fiscal oversight as required by this code, the Superintendent may
exercise the authority of the county superintendent of schools who
has oversight responsibilities for a qualifying school district. If
the Superintendent finds, based on the report required in paragraph
(2), that the county superintendent of schools failed to
appropriately take into account particular types of indicators of
financial distress, or failed to take appropriate remedial actions in
the qualifying school district, the Superintendent shall further
investigate whether the county superintendent of schools failed to
take into account those indicators, or similarly failed to take
appropriate actions in other school districts with negative or
qualified certifications.
SEC. 41. Section 41327.2 of the Education Code is amended to read:
41327.2. (a) The appointment of an administrator pursuant to
Section 41326 does not remove any statutory rights, duties, or
obligations from the county superintendent of schools. The county
superintendent of schools retains the responsibility to superintend
school districts under his or her jurisdiction.
(b) The county superintendent of schools shall submit reports to
the Superintendent, the appropriate fiscal and policy committees of
the Legislature, and the Director of Finance subsequent to review by
the county superintendent of schools of the school district's budget
and interim reports in accordance with subdivision (d) of, and
paragraph (1) of subdivision (f) of, Section 42127, and paragraph (2)
of subdivision (a) of, and subdivision (e) of, Section 42131. These
reports shall document the fiscal and administrative status of the
qualifying school district, particularly in regard to the
implementation of fiscal and management recovery plans. Each report
shall also include a determination of whether the revenue streams to
the school district appear to be consistent with its expenditure
plan, according to the most recent data available at the time of the
report. These reports are required until six months after all rights,
duties, and powers are returned to the school district pursuant to
this article.
SEC. 42. Section 41339 of the Education Code is amended to read:
41339. The Superintendent shall certify each apportionment made
by him or her under Sections 41332 to 41340, inclusive, whichever are
in effect, to the Controller.
SEC. 43. Section 42103 of the Education Code is amended to read:
42103. (a) The governing board of each school district shall hold
a public hearing on the proposed budget in a school district
facility, or some other place conveniently accessible to the
residents of the school district. The public hearing shall be held
any day on or before the date specified for this purpose in
subdivision (a) of, or paragraph (3) of subdivision (d) of, Section
42127, but not less than three working days following availability of
the proposed budget for public inspection. At the hearing any
resident in the school district may appear and object to the proposed
budget or any item in the budget.
(b) The public hearing required by this section may be concluded
on the proposed budget when there are no requests for further hearing
on file, and shall be concluded no later than the date specified for
this purpose in subdivision (a) of, or paragraph (3) of subdivision
(d) of, Section 42127. The budget shall not be finally adopted by the
governing board of the school district until after the public
hearing has been held.
(c) The proposed budget shall show expenditures, cash balances,
and all revenues as required to be tabulated in Sections 42122 and
42123, and also shall include an estimate of those figures,
unaudited, for the preceding fiscal year. In addition, any tax
statement submitted by the governing board of the school district
pursuant to subdivision (a) of Section 42127, any district tax
requirement computed pursuant to subdivision (b) of Section 42127 for
the school year to which the proposed budget is intended to apply,
and any recommendations made by the county superintendent of schools
pursuant to subdivision (d) of Section 42127 shall be made available
by the school district for public inspection in a facility of the
school district or in some other place conveniently accessible to
residents of the school district.
(d) Notification of dates and location or locations at which the
proposed budget may be inspected by the public and the date, time,
and location of the public hearing on the proposed budget shall be
published by the county superintendent of schools in a newspaper of
general circulation in the school district or, if there is no
newspaper of general circulation in the school district, in any
newspaper of general circulation in the county, at least three days
before the availability of the proposed budget for public inspection.
The publication of the dates and locations shall occur no earlier
than 45 days before the final date for the hearing as specified in
subdivision (a) of, or paragraph (3) of subdivision (d) of, Section
42127, but not less than 10 days before the date set for hearing. The
cost of the publication shall be a legal and proper charge against
the school district for which the publication is made.
SEC. 44. Section 42127.1 of the Education Code is amended to read:
42127.1. (a) Pursuant to subdivision (f) of Section 42127, upon
the disapproval of a school district budget by the county
superintendent of schools, the county superintendent of schools shall
call for the formation of a budget review committee unless the
governing board of the school district and the county superintendent
of schools agree to waive the requirement that a budget review
committee be formed, and the department approves the waiver after
determining that a budget review committee is not necessary. Upon the
grant of a waiver, the county superintendent of schools has the
authority and responsibility provided to a budget review committee in
Section 42127.3. Upon approving a waiver of the budget review
committee, the department shall ensure that a balanced budget is
adopted for the school district by December 31.
(b) The budget review committee shall be composed of three persons
selected by the governing board of the school district from a list
of candidates provided to the governing board of the school district
by the Superintendent. The list of candidates shall be composed of
persons who have expertise in the management of a school district or
county office of education. Their experience shall include, but not
necessarily be limited to, the fiscal and educational aspects of
local educational agency management.
(c) Notwithstanding subdivision (b) or any other provision of this
article, with the approval of the Superintendent and the governing
board of the school district, the county superintendent of schools
may select and convene a regional review committee, consisting of
persons having the expertise described in subdivision (b). The
regional review committee shall operate in place of the budget review
committee, in accordance with the provisions of this article
governing budget review committees.
(d) Members of the committee shall be reimbursed by the department
for their services and associated expenses while on official
business at rates established by the state board.
SEC. 45. Section 46600 of the Education Code is amended to read:
46600. (a) (1) The governing boards of two or more school
districts may enter into an agreement, for a term not to exceed five
school years, for the interdistrict attendance of pupils who are
residents of the school districts. The agreement may provide for the
admission to a school district other than the school district of
residence of a pupil who requests a permit to attend a school
district that is a party to the agreement and that maintains schools
and classes in kindergarten or any of grades 1 to 12, inclusive, to
which the pupil requests admission. Once a pupil in kindergarten or
any of grades 1 to 12, inclusive, is enrolled in a school pursuant to
this chapter, the pupil shall not have to reapply for an
interdistrict transfer, and the governing board of the school
district of enrollment shall allow the pupil to continue to attend
the school in which he or she is enrolled, except as specified in
paragraphs (2) and (4).
(2) The agreement shall stipulate the terms and conditions under
which interdistrict attendance shall be permitted or denied. The
agreement may contain standards for reapplication agreed to by the
school district of residence and the school district of enrollment
that differ from the requirements prescribed by paragraph (1). The
agreement may stipulate terms and conditions established by the
school district of residence and the school district of enrollment
under which the permit may be revoked.
(3) The supervisor of attendance of the school district of
residence shall issue an individual permit verifying the school
district's approval, pursuant to policies of the governing board of
the school district and terms of the agreement for the transfer. A
permit shall be valid upon concurring endorsement by the designee of
the governing board of the school district of proposed enrollment.
The stipulation of the terms and conditions under which the permit
may be revoked is the responsibility of the school district of
enrollment.
(4) Notwithstanding paragraph (2), a school district of residence
or school district of enrollment shall not rescind existing transfer
permits for pupils entering grade 11 or 12 in the subsequent school
year.
(b) A pupil who has been determined by personnel of either the
school district of residence or the school district of proposed
enrollment to have been the victim of an act of bullying, as defined
in subdivision (r) of Section 48900, committed by a pupil of the
school district of residence shall, at the request of the person
having legal custody of the pupil, be given priority for
interdistrict attendance under any existing interdistrict attendance
agreement or, in the absence of an agreement, be given additional
consideration for the creation of an interdistrict attendance
agreement.
(c) In addition to the requirements of subdivision (e) of Section
48915.1, and regardless of whether an agreement exists or a permit is
issued pursuant to this section, any school district may admit a
pupil expelled from another school district in which the pupil
continues to reside.
(d) (1) Notwithstanding any other law, and regardless of whether
an agreement exists or a permit is issued pursuant to this section, a
school district of residence shall not prohibit the transfer of a
pupil who is a child of an active military duty parent to a school
district of proposed enrollment if the school district of proposed
enrollment approves the application for transfer.
(2) (A) For purposes of this subdivision, "active military duty
parent" means a parent with full-time military duty status in the
active uniformed service of the United States, including members of
the National Guard and the State Military Reserve on active duty
orders pursuant to Chapter 1209 (commencing with Section 12301) and
Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E
of Title 10 of the United States Code.
(B) For purposes of this subdivision, "parent" means the natural
or adoptive parent or guardian of a dependent child.
SEC. 46. Section 47605.1 of the Education Code is amended to read:
47605.1. (a) (1) Notwithstanding any other law, a charter school
that is granted a charter from the governing board of a school
district or county office of education after July 1, 2002, and
commences providing educational services to pupils on or after July
1, 2002, shall locate in accordance with the geographic and site
limitations of this part.
(2) Notwithstanding any other law, a charter school that is
granted a charter by the state board after July 1, 2002, and
commences providing educational services to pupils on or after July
1, 2002, based on the denial of a petition by the governing board of
a school district or county board of education, as described in
paragraphs (1) and (2) of subdivision (j) of Section 47605, may
locate only within the geographic boundaries of the chartering entity
that initially denied the petition for the charter.
(3) A charter school that receives approval of its charter from a
governing board of a school district, a county office of education,
or the state board before July 1, 2002, but does not commence
operations until after January 1, 2003, shall be subject to the
geographic limitations of this part, in accordance with subdivision
(e).
(b) This section is not intended to affect the admission
requirements contained in subdivision (d) of Section 47605.
(c) Notwithstanding any other law, a charter school may establish
a resource center, meeting space, or other satellite facility located
in a county adjacent to that in which the charter school is
authorized if the following conditions are met:
(1) The facility is used exclusively for the educational support
of pupils who are enrolled in nonclassroom-based independent study of
the charter school.
(2) The charter school provides its primary educational services
in, and a majority of the pupils it serves are residents of, the
county in which the charter school is authorized.
(d) Notwithstanding subdivision (a) or subdivision (a) of Section
47605, a charter school that is unable to locate within the
geographic boundaries of the chartering school district may establish
one site outside the boundaries of the school district, but within
the county within which that school district is located, if the
school district in which the charter school proposes to operate is
notified in advance of the charter petition approval, the county
superintendent of schools is notified of the location of the charter
school before it commences operations, and either of the following
circumstances exist:
(1) The charter school has attempted to locate a single site or
facility to house the entire program, but such a facility or site is
unavailable in the area in which the charter school chooses to
locate.
(2) The site is needed for temporary use during a construction or
expansion project.
(e) (1) For a charter school that was granted approval of its
charter before July 1, 2002, and provided educational services to
pupils before July 1, 2002, this section only applies to new
educational services or schoolsites established or acquired by the
charter school on or after July 1, 2002.
(2) For a charter school that was granted approval of its charter
before July 1, 2002, but did not provide educational services to
pupils before July 1, 2002, this section only applies upon the
expiration of a charter that is in existence on January 1, 2003.
(3) Notwithstanding other implementation timelines in this
section, by June 30, 2005, or upon the expiration of a charter that
is in existence on January 1, 2003, whichever is later, all charter
schools shall be required to comply with this section for schoolsites
at which educational services are provided to pupils before or after
July 1, 2002, regardless
of whether the charter school initially received approval of its
charter school petition before July 1, 2002. To achieve compliance
with this section, a charter school shall be required to receive
approval of a charter petition in accordance with this section and
Section 47605.
(4) This section is not intended to affect the authority of a
governmental entity to revoke a charter that is granted on or before
the effective date of this section.
(f) A charter school that submits its petition directly to a
county board of education, as authorized by Section 47605.5 or
47605.6, may establish charter school operations only within the
geographical boundaries of the county in which that county board of
education has jurisdiction.
(g) Notwithstanding any other law, the jurisdictional limitations
set forth in this section do not apply to a charter school that
provides instruction exclusively in partnership with any of the
following:
(1) The federal Workforce Innovation and Opportunity Act (29
U.S.C. Sec. 3101 et seq.).
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Sections
14507.5 or 14406 of the Public Resources Code.
(5) Instruction provided to juvenile court school pupils pursuant
to subdivision (b) of Section 42238.18 or pursuant to Section 1981
for individuals who are placed in a residential facility.
SEC. 47. Section 47605.6 of the Education Code is amended to read:
47605.6. (a) (1) In addition to the authority provided by Section
47605.5, a county board of education may also approve a petition for
the operation of a charter school that operates at one or more sites
within the geographic boundaries of the county and that provides
instructional services that are not generally provided by a county
office of education. A county board of education may approve a
countywide charter only if it finds, in addition to the other
requirements of this section, that the educational services to be
provided by the charter school will offer services to a pupil
population that will benefit from those services and that cannot be
served as well by a charter school that operates in only one school
district in the county. A petition for the establishment of a
countywide charter school pursuant to this subdivision may be
circulated throughout the county by any one or more persons seeking
to establish the charter school. The petition may be submitted to the
county board of education for review after either of the following
conditions is met:
(A) The petition is signed by a number of parents or guardians of
pupils residing within the county that is equivalent to at least
one-half of the number of pupils that the charter school estimates
will enroll in the school for its first year of operation and each of
the school districts where the charter school petitioner proposes to
operate a facility has received at least 30 days' notice of the
petitioner's intent to operate a charter school pursuant to this
section.
(B) The petition is signed by a number of teachers that is
equivalent to at least one-half of the number of teachers that the
charter school estimates will be employed at the school during its
first year of operation and each of the school districts where the
charter school petitioner proposes to operate a facility has received
at least 30 days' notice of the petitioner's intent to operate a
charter school pursuant to this section.
(2) An existing public school shall not be converted to a charter
school in accordance with this section.
(3) After receiving approval of its petition, a charter school
that proposes to establish operations at additional sites within the
geographic boundaries of the county board of education shall notify
the school districts where those sites will be located. The charter
school shall also request a material revision of its charter by the
county board of education that approved its charter and the county
board of education shall consider whether to approve those additional
locations at an open, public meeting, held no sooner than 30 days
following notification of the school districts where the sites will
be located. If approved, the location of the approved sites shall be
a material revision of the school's approved charter.
(4) A petition shall include a prominent statement indicating that
a signature on the petition means that the parent or guardian is
meaningfully interested in having his or her child or ward attend the
charter school, or in the case of a teacher's signature, means that
the teacher is meaningfully interested in teaching at the charter
school. The proposed charter shall be attached to the petition.
(b) No later than 60 days after receiving a petition, in
accordance with subdivision (a), the county board of education shall
hold a public hearing on the provisions of the charter, at which time
the county board of education shall consider the level of support
for the petition by teachers, parents or guardians, and the school
districts where the charter school petitioner proposes to place
school facilities. Following review of the petition and the public
hearing, the county board of education shall either grant or deny the
charter within 90 days of receipt of the petition. However, this
date may be extended by an additional 30 days if both parties agree
to the extension. A county board of education may impose any
additional requirements beyond those required by this section that it
considers necessary for the sound operation of a countywide charter
school. A county board of education may grant a charter for the
operation of a school under this part only if it is satisfied that
granting the charter is consistent with sound educational practice
and that the charter school has reasonable justification for why it
could not be established by petition to a school district pursuant to
Section 47605. The county board of education shall deny a petition
for the establishment of a charter school if it finds one or more of
the following:
(1) The charter school presents an unsound educational program for
the pupils to be enrolled in the charter school.
(2) The petitioners are demonstrably unlikely to successfully
implement the program set forth in the petition.
(3) The petition does not contain the number of signatures
required by subdivision (a).
(4) The petition does not contain an affirmation of each of the
conditions described in subdivision (e).
(5) The petition does not contain reasonably comprehensive
descriptions of all of the following:
(A) (i) The educational program of the charter school, designed,
among other things, to identify those pupils whom the charter school
is attempting to educate, what it means to be an "educated person" in
the 21st century, and how learning best occurs. The goals identified
in that program shall include the objective of enabling pupils to
become self-motivated, competent, and lifelong learners.
(ii) The annual goals for the charter school for all pupils and
for each subgroup of pupils identified pursuant to Section 52052, to
be achieved in the state priorities, as described in subdivision (d)
of Section 52060, that apply for the grade levels served, or the
nature of the program operated, by the charter school, and specific
annual actions to achieve those goals. A charter petition may
identify additional school priorities, the goals for the school
priorities, and the specific annual actions to achieve those goals.
(iii) If the proposed charter school will enroll high school
pupils, the manner in which the charter school will inform parents
regarding the transferability of courses to other public high
schools. Courses offered by the charter school that are accredited by
the Western Association of Schools and Colleges may be considered to
be transferable to other public high schools.
(iv) If the proposed charter school will enroll high school
pupils, information as to the manner in which the charter school will
inform parents as to whether each individual course offered by the
charter school meets college entrance requirements. Courses approved
by the University of California or the California State University as
satisfying their prerequisites for admission may be considered as
meeting college entrance requirements for purposes of this clause.
(B) The measurable pupil outcomes identified for use by the
charter school. "Pupil outcomes," for purposes of this part, means
the extent to which all pupils of the school demonstrate that they
have attained the skills, knowledge, and aptitudes specified as goals
in the school's educational program. Pupil outcomes shall include
outcomes that address increases in pupil academic achievement both
schoolwide and for all groups of pupils served by the charter school,
as that term is defined in subparagraph (B) of paragraph (3) of
subdivision (a) of Section 47607. The pupil outcomes shall align with
the state priorities, as described in subdivision (d) of Section
52060, that apply for the grade levels served, or the nature of the
program operated, by the charter school.
(C) The method by which pupil progress in meeting those pupil
outcomes is to be measured. To the extent practicable, the method for
measuring pupil outcomes for state priorities shall be consistent
with the way information is reported on a school accountability
report card.
(D) The location of each charter school facility that the
petitioner proposes to operate.
(E) The governance structure of the charter school, including, but
not limited to, the process to be followed by the charter school to
ensure parental involvement.
(F) The qualifications to be met by individuals to be employed by
the charter school.
(G) The procedures that the charter school will follow to ensure
the health and safety of pupils and staff. These procedures shall
include the requirement that each employee of the charter school
furnish it with a criminal record summary as described in Section
44237.
(H) The means by which the charter school will achieve a racial
and ethnic balance among its pupils that is reflective of the general
population residing within the territorial jurisdiction of the
school district to which the charter petition is submitted.
(I) The manner in which annual, independent, financial audits
shall be conducted, in accordance with regulations established by the
state board, and the manner in which audit exceptions and
deficiencies shall be resolved.
(J) The procedures by which pupils can be suspended or expelled.
(K) The manner by which staff members of the charter school will
be covered by the State Teachers' Retirement System, the Public
Employees' Retirement System, or federal social security.
(L) The procedures to be followed by the charter school and the
county board of education to resolve disputes relating to provisions
of the charter.
(M) Admission requirements of the charter school, if applicable.
(N) The public school attendance alternatives for pupils residing
within the county who choose not to attend the charter school.
(O) The rights of an employee of the county office of education,
upon leaving the employment of the county office of education, to be
employed by the charter school, and any rights of return to the
county office of education that an employee may have upon leaving the
employ of the charter school.
(P) The procedures to be used if the charter school closes. The
procedures shall ensure a final audit of the school to determine the
disposition of all assets and liabilities of the charter school,
including plans for disposing of any net assets and for the
maintenance and transfer of public records.
(6) A declaration of whether or not the charter school shall be
deemed the exclusive public school employer of the employees of the
charter school for purposes of the Educational Employment Relations
Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code).
(7) Any other basis that the county board of education finds
justifies the denial of the petition.
(c) A county board of education that approves a petition for the
operation of a countywide charter may, as a condition of charter
approval, enter into an agreement with a third party, at the expense
of the charter school, to oversee, monitor, and report to the county
board of education on the operations of the charter school. The
county board of education may prescribe the aspects of the charter
school's operations to be monitored by the third party and may
prescribe appropriate requirements regarding the reporting of
information concerning the operations of the charter school to the
county board of education.
(d) (1) Charter schools shall meet all statewide standards and
conduct the pupil assessments required pursuant to Section 60605 and
any other statewide standards authorized in statute or pupil
assessments applicable to pupils in noncharter public schools.
(2) Charter schools shall on a regular basis consult with their
parents and teachers regarding the charter school's educational
programs.
(e) (1) In addition to any other requirement imposed under this
part, a charter school shall be nonsectarian in its programs,
admission policies, employment practices, and all other operations,
shall not charge tuition, and shall not discriminate against any
pupil on the basis of ethnicity, national origin, gender, gender
identity, gender expression, or disability. Except as provided in
paragraph (2), admission to a charter school shall not be determined
according to the place of residence of the pupil, or of his or her
parent or guardian, within this state.
(2) (A) A charter school shall admit all pupils who wish to attend
the charter school.
(B) If the number of pupils who wish to attend the charter school
exceeds the school's capacity, attendance, except for existing pupils
of the charter school, shall be determined by a public random
drawing. Preference shall be extended to pupils currently attending
the charter school and pupils who reside in the county except as
provided for in Section 47614.5. Other preferences may be permitted
by the chartering authority on an individual charter school basis and
only if consistent with the law.
(C) In the event of a drawing, the county board of education shall
make reasonable efforts to accommodate the growth of the charter
school and in no event shall take any action to impede the charter
school from expanding enrollment to meet pupil demand.
(f) The county board of education shall not require an employee of
the county or a school district to be employed in a charter school.
(g) The county board of education shall not require a pupil
enrolled in a county program to attend a charter school.
(h) The county board of education shall require that the
petitioner or petitioners provide information regarding the proposed
operation and potential effects of the charter school, including, but
not limited to, the facilities to be used by the charter school, the
manner in which administrative services of the charter school are to
be provided, and potential civil liability effects, if any, upon the
charter school, any school district where the charter school may
operate, and upon the county board of education. The petitioner or
petitioners shall also be required to provide financial statements
that include a proposed first-year operational budget, including
startup costs, and cashflow and financial projections for the first
three years of operation.
(i) In reviewing petitions for the establishment of charter
schools within the county, the county board of education shall give
preference to petitions that demonstrate the capability to provide
comprehensive learning experiences to pupils identified by the
petitioner or petitioners as academically low achieving pursuant to
the standards established by the department under Section 54032, as
that section read before July 19, 2006.
(j) Upon the approval of the petition by the county board of
education, the petitioner or petitioners shall provide written notice
of that approval, including a copy of the petition, to the school
districts within the county, the Superintendent, and the state board.
(k) If a county board of education denies a petition, the
petitioner may not elect to submit the petition for the establishment
of the charter school to the state board.
(l) Teachers in charter schools shall be required to hold a
Commission on Teacher Credentialing certificate, permit, or other
document equivalent to that which a teacher in other public schools
would be required to hold. These documents shall be maintained on
file at the charter school and shall be subject to periodic
inspection by the chartering authority.
(m) A charter school shall transmit a copy of its annual,
independent, financial audit report for the preceding fiscal year, as
described in subparagraph (I) of paragraph (5) of subdivision (b),
to the county office of education, the Controller, and the department
by December 15 of each year. This subdivision does not apply if the
audit of the charter school is encompassed in the audit of the
chartering entity pursuant to Section 41020.
SEC. 48. Section 47612.1 of the Education Code is amended to read:
47612.1. (a) Except for the requirement that a pupil be a
California resident, subdivision (b) of Section 47612 shall not apply
to a charter school program that provides instruction exclusively in
partnership with any of the following:
(1) The federal Workforce Innovation and Opportunity Act (29
U.S.C. Sec. 3101 et seq.).
(2) Federally affiliated Youth Build programs.
(3) Federal job corps training or instruction provided pursuant to
a memorandum of understanding with the federal provider.
(4) The California Conservation Corps or local conservation corps
certified by the California Conservation Corps pursuant to Section
14406 or 14507.5 of the Public Resources Code.
(b) This section shall become operative on July 1, 2015.
SEC. 49. Section 48300 of the Education Code is amended to read:
48300. For purposes of this article, the following definitions
apply:
(a) "Active military duty" means full-time military duty status in
the active uniformed service of the United States, including members
of the National Guard and the State Reserve on active duty orders
pursuant to Chapter 1209 (commencing with Section 12301) of, and
Chapter 1211 (commencing with Section 12401) of, Part II of Subtitle
E of Title 10 of the United States Code.
(b) "Parent" means the natural or adoptive parent or guardian of a
dependent child.
(c) "School district of choice" means a school district for which
a resolution is in effect as described in subdivision (a) of Section
48301.
(d) "School district of residence" means the school district that
a pupil would be directed by this chapter to attend, except as
otherwise provided by this article.
SEC. 50. Section 49082 of the Education Code is repealed.
SEC. 51. Section 51781 of the Education Code is amended to read:
51781. (a) The department shall prepare, and distribute to school
districts, guidelines and plans for the preparation of comprehensive
educational programs for the prevention of genetic diseases,
disorders, and birth defects, and, in cooperation with those county
offices of education that desire to participate, shall assist school
districts in developing comprehensive genetic diseases and disorders
plans and programs.
(b) For the purposes set forth in subdivision (a), the department
shall conduct, on an annual basis, at least 25 workshops and training
programs for approximately 2,500 school district teams of certified
school personnel, using instructional materials, curricula, and
guidelines developed by the department for dissemination at training
programs conducted during the year.
SEC. 52. Section 52302.8 of the Education Code is amended to read:
52302.8. (a) The Legislature hereby finds and declares that
vocational training resources that are provided through regional
occupational centers and programs are an essential component of the
state's secondary school system and the local system of providing
occupational skills training to high school pupils. For this reason,
the Legislature finds and declares that these resources should be
focused primarily on the needs of pupils enrolled in high school.
(b) For the 2008-09 fiscal year, a regional occupational center or
program may claim no more than 50 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(c) For the 2009-10 fiscal year, a regional occupational center or
program may claim no more than 30 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(d) For the 2011-12 fiscal year and every fiscal year thereafter,
a regional occupational center or program may claim no more than 10
percent of the state-funded average daily attendance for which the
center or program is eligible, for services provided to students who
are not enrolled in grades 9 to 12, inclusive, and up to an
additional 5 percent for CalWORKs, Temporary Assistance Program, or
Job Corps participants and participants under the federal Workforce
Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.) who are
enrolled in Intensive Training services.
(e) Pupils who are CalWORKs, Temporary Assistance Program, or Job
Corps participants shall have priority for service within the
percentage limits established under subdivision (d).
(f) Notwithstanding subdivision (d), a regional occupational
center or program may claim more than 15 percent of its average daily
attendance for students who are not enrolled in grades 9 to 12,
inclusive, if all of the students who are not enrolled in grades 9 to
12, inclusive, are CalWORKs, Temporary Assistance Program, or Job
Corps participants, and if the governing board of the regional
occupational center or program does all of the following:
(1) Meets with local human services directors, and representatives
of adult education programs, community colleges and other
institutions of higher education, to assess the needs of CalWORKs,
Temporary Assistance Program, or, Job Corps and federal Workforce
Innovation and Opportunity Act participants to identify alternative
ways to meet the needs of these adult students.
(2) Enters into a transition plan, approved by the Superintendent,
to become in compliance with subdivision (d) in accordance with
benchmarks and timelines established in the transition plan.
Transition plans shall be established pursuant to guidelines issued
by the department, in consultation with the State Department of
Social Services, and shall be resubmitted and reviewed annually.
(g) Notwithstanding subdivisions (b), (c), and (d), a regional
occupational center or program that claims more than 40 percent of
its students are not enrolled in grades 9 to 12, inclusive, on
January 1, 2007, shall submit a letter to the Superintendent by July
1 of each year until it complies with this subdivision, outlining the
goals of the regional occupational center or program to reduce the
number of adult students in order to comply with subdivision (d) on
or before July 1, 2013.
(h) Regional occupational centers and programs operated in a rural
county of the sixth, seventh, or eighth class may exceed the number
of adults by an additional 10 percent of the limits established in
subdivisions (b), (c), and (d).
(i) (1) For purposes of this calculation, adult average daily
attendance attributable to continuously enrolled grade 12 pupils who
have not passed the high school exit examination pursuant to Section
60851 is excluded from the calculation under this section. Amounts
that may become available from reductions resulting from the
enactment of this section shall be redirected to other regional
occupational centers or programs to serve additional secondary
pupils.
(2) Adult average daily attendance funding for a regional
occupational center or program that has entered into a corrective
action plan pursuant to subdivision (k) shall not be redirected to
other regional occupational centers or programs to serve additional
secondary pupils for up to three years while the regional
occupational center or program is in corrective action.
(j) The governing boards of a community college district and a
regional occupational center or program may enter into contractual
agreements under which the center or program provides services to
adult students of the community college district affected by this
section if both of the following are satisfied:
(1) The agreements conform to state regulations and audit
requirements jointly developed by the Chancellor of the Office of the
California Community Colleges and the department, in consultation
with, and subject to approval by, the Department of Finance.
(2) A course offered for adults pursuant to an agreement entered
into pursuant to this subdivision is limited to the same cost per
student to the state as if the course were offered at the regional
occupational center or program. This subdivision does not authorize
the apportionment of funds for community colleges for adult students
in excess of the revenue limit for regional occupational centers or
programs if a course is deemed eligible for college credit.
(k) A regional occupational center or program that fails to meet a
timeline established under subdivision (c), (d), or (g) shall meet
with the community college, adult education program, or other adult
service to identify alternative means of meeting the needs of adult
students and shall enter into a corrective action plan administered
by the department. The corrective action plan shall be established
pursuant to guidelines issued by the department and shall be
submitted to the department annually for review.
SEC. 53. Section 52520 of the Education Code is amended to read:
52520. (a) Every vocational or occupational training program for
adults offered by any high school district or unified school district
shall be reviewed every two years by the governing board to assure
that each program does all of the following:
(1) Meets a documented labor market demand.
(2) Does not represent unnecessary duplication of other
manpower training programs in the area.
(3) Is of demonstrated effectiveness as measured by the employment
and completion success of its students.
(b) Any program that does not meet the requirements of subdivision
(a) and the standards promulgated by the governing board shall be
terminated within one year.
(c) The review process required by this section shall include the
review and comments by the local workforce investment board
established pursuant to the federal Workforce Innovation and
Opportunity Act (29 U.S.C. Sec. 3101 et seq.), and pursuant to
Division 8 (commencing with Section 15000) of the Unemployment
Insurance Code, which review and comments shall occur before any
decision by the appropriate governing body.
SEC. 54. Section 56337.5 of the Education Code is amended to read:
56337.5. (a) A pupil who is assessed as being dyslexic and meets
eligibility criteria specified in Section 56337 and paragraph (10) of
subdivision (b) of Section 3030 of Title 5 of the California Code of
Regulations for the federal Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) category of specific learning
disabilities is entitled to special education and related services.
(b) If a pupil who exhibits the characteristics of dyslexia or
another related reading dysfunction is not found to be eligible for
special education and related services pursuant to subdivision (a),
the pupil's instructional program shall be provided in the regular
education program.
(c) It is the intent of the Legislature that the program
guidelines developed pursuant to Section 2 of Chapter 1501 of the
Statutes of 1990, for specific learning disabilities, including
dyslexia and other related disorders, be available for use by
teachers and parents in order for them to have knowledge of the
strategies that can be utilized with pupils for the remediation of
the various types of specific learning disabilities.
SEC. 55. Section 56339 of the Education Code is amended to read:
56339. (a) A pupil whose educational performance is adversely
affected by a suspected or diagnosed attention deficit disorder or
attention deficit hyperactivity disorder and demonstrates a need for
special education and related services by meeting eligibility
criteria specified in paragraph (4) or (9) of subdivision (b) of
Section 3030 of Title 5 of the California Code of Regulations or
Section 56337 and paragraph (10) of subdivision (b) of Section 3030
of Title 5 of the California Code of Regulations for the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.) categories of "emotional disturbance," "other health
impairments," or "specific learning disabilities," is entitled to
special education and related services.
(b) If a pupil with an attention deficit disorder or attention
deficit hyperactivity disorder is not found to be eligible for
special education and related services pursuant to subdivision (a),
the pupil's instructional program shall be provided in the regular
education program.
(c) It is the intent of the Legislature that local educational
agencies promote coordination between special education and regular
education programs to ensure that all pupils, including those with
attention deficit disorders or attention deficit hyperactivity
disorders, receive appropriate instructional interventions.
(d) It is further the intent of the Legislature that regular
education teachers and other personnel be trained to develop an
awareness about attention deficit disorders and attention deficit
hyperactivity disorders and the manifestations of those disorders,
and the adaptations that can be implemented in regular education
programs to address the instructional needs of pupils having these
disorders.
SEC. 56. Section 56426.6 of the Education Code is amended to read:
56426.6. (a) Early education services shall be provided by a
local educational agency through a transdisciplinary team consisting
of a group of professionals from various disciplines, agencies, and
parents who shall share their expertise and services to provide
appropriate services for infants and their families. Each team member
shall be responsible for providing and coordinating early education
services for one or more infants and their families, and shall serve
as a consultant to other team members and as a provider of
appropriate related services to other infants in the program.
(b) Credentialed personnel with expertise in vision or hearing
impairments shall be made available by the local educational agency
to early education programs serving infants identified in accordance
with paragraph (2), (5), or (13) of subdivision (b) of Section 3030
of Title 5 of the California Code of Regulations, and shall be the
primary providers of services under those programs whenever possible.
(c) Transdisciplinary teams may include, but need not be limited
to, qualified persons from the following disciplines:
(1) Early childhood special education.
(2) Speech and language therapy.
(3) Nursing, with a skill level not less than that of a registered
nurse.
(4) Social work, psychology, or mental health.
(5) Occupational therapy.
(6) Physical therapy.
(7) Audiology.
(8) Parent-to-parent support.
(d) A person who is authorized by the local educational agency to
provide early education or related services to infants shall have
appropriate experience in normal and atypical infant development and
an understanding of the unique needs of families of infants with
exceptional needs, or, absent that experience and understanding,
shall undergo a comprehensive training plan for that purpose, which
plan shall be developed and implemented as part of the staff
development component of the local plan for early education services.
SEC. 57. Section 56441.11 of the Education Code is amended to
read:
56441.11. (a) Notwithstanding any other law or regulation, the
special education eligibility criteria in subdivision (b) shall apply
to preschool children, between the ages of three and five years.
(b) A preschool child, between the ages of three and five years,
qualifies as a child who needs early childhood special education
services if the child meets the following criteria:
(1) Is identified as having one of the following disabling
conditions, as defined in Section 300.8 of Title 34 of the Code of
Federal Regulations, or an established medical disability, as defined
in subdivision (d):
(A) Autism.
(B) Deaf-blindness.
(C) Deafness.
(D) Hearing impairment.
(E) Intellectual disability.
(F) Multiple disabilities.
(G) Orthopedic impairment.
(H) Other health impairment.
(I) Emotional disturbance.
(J) Specific learning disability.
(K) Speech or language impairment in one or more of voice,
fluency, language and articulation.
(L) Traumatic brain injury.
(M) Visual impairment.
(N) Established medical disability.
(2) Needs specially designed instruction or services as defined in
Sections 56441.2 and 56441.3.
(3) Has needs that cannot be met with modification of a regular
environment in the home or school, or both, without ongoing
monitoring or support as determined by an individualized education
program team.
(4) Meets eligibility criteria specified in Section 3030 of Title
5 of the California Code of Regulations.
(c) A child is not eligible for special education and services if
the child does not otherwise meet the eligibility criteria and his or
her educational needs are due primarily to:
(1) Unfamiliarity with the English language.
(2) Temporary physical disabilities.
(3) Social maladjustment.
(4) Environmental, cultural, or economic factors.
(d) For purposes of this section, "established medical disability"
means a disabling medical condition or congenital syndrome that the
individualized education program team determines has a high
predictability of requiring special education and services.
(e) When standardized tests are considered invalid for children
between the ages of three and five years, alternative means,
including scales, instruments, observations, and interviews, shall be
used as specified in the assessment plan.
(f) In order to implement the eligibility criteria in subdivision
(b), the Superintendent shall do all of the following:
(1) Provide for training in developmentally appropriate practices,
alternative assessment, and placement options.
(2) Provide a research-based review for developmentally
appropriate application criteria for young children.
(3) Provide program monitoring for appropriate use of the
eligibility criteria.
(g) If legislation is enacted mandating early intervention
services to infants and toddlers with disabilities pursuant to the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.), the Superintendent shall reconsider the eligibility
criteria for preschool children, between the ages of three and five
years, and recommend appropriate changes to the Legislature.
SEC. 58. Section 56475 of the Education Code is amended to read:
56475. (a) The Superintendent and the directors of the State
Department of Health Care Services, the State Department of
Developmental Services, the State Department of Social Services, the
Department of Rehabilitation, the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, and the Employment
Development Department shall develop written interagency agreements
or adopt joint regulations that include responsibilities, in
accordance with Section 1412(a)(12) of Title 20 of the United States
Code and Section 300.154 of Title 34 of the Code of Federal
Regulations, for the provision of special education and related
services to individuals with exceptional needs in the State of
California.
(b) The Superintendent shall develop interagency agreements with
other state and local public agencies, as deemed necessary by the
Superintendent, to carry out the provisions of state and federal law.
SEC. 59. Section 60800 of the Education Code is amended to read:
60800. (a) During the month of February, March, April, or May,
the governing board of each school district maintaining any of grades
5, 7, and 9 shall administer to each pupil in those grades the
physical performance test designated by the state board. Each pupil
with a physical disability and each pupil who is physically unable to
take all of the physical performance test shall be given as much of
the test as his or her condition will permit.
(b) Upon request of the department, a school district shall submit
to the department, at least once every two years, the results of its
physical performance testing.
(c) Pupils shall be provided with their individual results after
completing the physical performance testing. The test results may be
provided orally as the pupil completes the testing.
(d) The governing board of a school district shall report the
aggregate results of its physical performance testing administered
pursuant to this section in its annual school accountability report
card required by Sections 33126 and 35256.
SEC. 60. Section 60900 of the Education Code is amended to read:
60900. (a) The department shall contract for the development of
proposals that will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
(d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
(1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
(2) To provide a better means of evaluating educational progress
and investments over time.
(3) To provide local educational agencies information that can be
used to improve pupil achievement.
(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
(5) To facilitate the ability of the state to publicly report
data, as specified in Section 6401(e)(2)(D) of the federal America
COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(6) To ensure that any data access provided to researchers, as
required pursuant to the federal Race to the Top regulations and
guidelines is provided, only to the extent that the data access is in
compliance with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g).
(e) In order to comply with federal law as delineated in the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.), the local educational agency shall retain individual pupil
records for each test taker, including all of the following:
(1) All demographic data collected from the California Assessment
of Student Performance and Progress (CAASPP), high school exit
examination, and English language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the CAASPP, high school exit examination, and English language
development testing programs. To the extent feasible, data should
include subscore data within each content area.
(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the CAASPP tests, high school exit examination,
and the English language development test.
(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
(5) Other data elements deemed necessary by the Superintendent,
with the approval of the state board, to comply with the federal
reporting requirements delineated in the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), after
review and comment by the advisory board convened pursuant to
subdivision (h). Before the implementation of this paragraph with
respect to adding data elements to the California Longitudinal Pupil
Achievement Data System for the purpose of complying with the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
the department and the appropriate postsecondary educational agencies
shall submit an expenditure plan to the Department of Finance
detailing any administrative costs to the department and costs to any
local educational agency, if applicable. The Department of Finance
shall provide to the Joint Legislative Budget Committee a copy of the
expenditure plan within 10 days of receipt of the expenditure plan
from the department.
(6) To enable the department, the University of California, the
California State University, and the Chancellor of the California
Community Colleges to meet the requirements prescribed by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5),
these entities shall be authorized to obtain quarterly wage data,
commencing July 1, 2010, on students who have attended their
respective systems, to assess the impact of education on the
employment and earnings of those students, to conduct the annual
analysis of district-level and individual district or postsecondary
education system performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
(1) The ability to sort by demographic element collected from the
CAASPP tests, high school exit examination, and English language
development test.
(2) The capability to be expanded to include pupil achievement
data from multiple years.
(3) The capability to monitor pupil achievement on the CAASPP
tests, high school exit examination, and English language development
test from year to year and school to school.
(4) The capacity to provide data to the state and local
educational agencies upon their request.
(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g),
Section 1232h of Title 20 of the United States Code, and related
federal regulations.
(h) The department shall convene an advisory board consisting of
representatives or designees from the state board, the Department of
Finance, the State Privacy Ombudsman, the Legislative Analyst's
Office, representatives of parent groups, school districts, and local
educational agencies, and education researchers to establish privacy
and access protocols, provide general guidance, and make
recommendations relative to data elements. The department is
encouraged to seek representation broadly reflective of the general
public of California.
(i) This section shall be implemented using federal funds received
pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.), which are appropriated for purposes of this
section in Item 6110-113-0890 of Section 2.00 of the Budget Act of
2002 (Chapter 379 of the Statutes of 2002). The release of these
funds is contingent on approval of an expenditure plan by the
Department of Finance.
(j) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, and a
charter school.
SEC. 61. Section 12 of Chapter 525 of the Statutes of 1995 is
amended to read:
Sec. 12. (a) The State Department of Education shall present to
the State Board of Education a plan to implement the recommendations
made by the State Department of Education in the Standardized Account
Code Structure: A Supplement to the California School Accounting
Manual (February 28, 1995, Draft) and in the Plan for Conversion to
Standardized Account Code Structure (April 6, 1995) pursuant to
Section 3 of Chapter 237 of the Statutes of 1993. The State
Department of Education shall implement the structure upon approval
of that plan by the State Board of Education. Before fully
implementing those recommendations, the standardized account code
structure shall be tested and the plan for implementation shall be
revised as deemed necessary by the State Department of Education
pursuant to the tests.
(b) The plan submitted to the State Board of Education pursuant to
subdivision (a) to implement the standardized account code structure
shall advance the following goals:
(1) Upgrading financial transaction software in use by school
districts and county offices of education to implement the
standardized account code structure.
(2) Providing incentives to promote the sharing of financial
transaction systems and information among county offices of education
and school districts.
(3) Facilitating financial information transfer as necessary to
facilitate planning by the Legislature with regard to specific
financial transactions of California school districts.
(4) Providing training services to school districts and county
offices of education personnel to upgrade the quality of school
district financial practices and information usage.
