Existing
(1) Existing law establishes a system of public elementary and secondary education in this state. Under this system, the State Department of Education, under the administration of the Superintendent of Public Instruction, carries out numerous functions relating to the governance and funding of schools. Throughout the state, local educational agencies, which include school districts, county offices of
education, and charter schools, provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive.
This bill would prohibit local educational agencies from offering any financial incentives to a pupil or prospective pupil or to the parent or guardian of a pupil or prospective pupil for enrollment, referral, retention, or
participation in an educational enrichment activity, as defined. The bill would require the department to compile a list of vendors that
are approved to provide or otherwise arrange educational enrichment activities for schools. The bill would require a local educational agency to only enter into an agreement for the provision or arrangement of educational enrichment activities with a vendor that is listed vetted and approved pursuant to this bill. The bill would authorize a local educational agency to expend public funds for the provision or arrangement of educational enrichment activities, except for educational enrichment activities of a religious nature. provided that all educational enrichment activities, materials, programs, and the organizations that provide educational
enrichment activities are nonsectarian.
The bill would require the governing board or governing body of the local educational agencies, in approving any contract for vendor services for educational enrichment activities, to establish specified policies and procedures to ensure educational value, pupil safety, and fiscal reasonableness, and would further require the local educational agency to certify that vendor services for educational enrichment activities meet designated criteria.
The bill would require a charter school to submit the policies and procedures established pursuant to the bill to the chartering authority for consideration
and approval as a material revision by July 1, 2021. The bill would also require chartering authorities to perform spot audits to confirm that vendor services for educational enrichment activities comply with the policies and procedures, and meet the criteria, established under the bill. Because the bill would impose new duties on any chartering authorities that are local educational agencies, it would constitute a state-mandated local program.
The bill would require approval of the policies and procedures established under the bill to be included in designated annual audit reports. The bill would also require any educational enrichment activity provided by a school to be approved and verified by the pupil’s assigned teacher as relevant to a specific educational assignment and educationally appropriate for that pupil.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.