Bill Text: CA AB413 | 2019-2020 | Regular Session | Introduced


Bill Title: Education: at-promise youth.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-02-21 - Referred to Coms. on ED. and PUB. S. [AB413 Detail]

Download: California-2019-AB413-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 413


Introduced by Assembly Member Jones-Sawyer
(Coauthor: Assembly Member Weber)

February 07, 2019


An act to amend Sections 215, 216, 234.1, 8266.1, 8423, 8801, 11300, 33426, 42920, 44324, 45391, 48325, 48660.1, 49380, 51266, 51865, 52052, 52616.2, 54690, 60901, and 69981 of, and to add Section 96 to, the Education Code, and to amend Sections 5087, 6025, 6027, 13825.2, 13825.4, 13825.5, 13826.11, and 13864 of the Penal Code, relating to youth.


LEGISLATIVE COUNSEL'S DIGEST


AB 413, as introduced, Jones-Sawyer. Education: at-promise youth.
Existing law uses the terms “at-risk” and “high-risk” to describe youth for purposes of various provisions of the Education Code.
This bill would delete “at-risk” and “high-risk” and would replace those terms with the terms “at-promise” and “high-promise” for purposes of these provisions. The bill would define “at-promise” and “high-promise” to have the same meanings as “at-risk” and “high-risk,” respectively.
Existing law defines and refers to specified young people with the presence of certain risk factors that make them more likely to be involved with criminal street gangs or the criminal justice system as “at-risk youth.”
This bill would change the references in statute to these individuals from “at-risk youth” to “at-promise youth.” The bill would also make other technical, nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 96 is added to the Education Code, to read:

96.
 (a) “At-promise” has the same meaning as “at-risk,” as that term is generally understood and consistent with federal law.
(b) “High-promise” has the same meaning as “high-risk,” as that term is generally understood and consistent with federal law.

SEC. 2.

 Section 215 of the Education Code, as amended by Section 2 of Chapter 437 of the Statutes of 2018, is amended to read:

215.
 (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school-employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention.
(2) The policy shall specifically address the needs of high-risk high-promise groups, including, but not limited to, all of the following:
(A) Youth bereaved by suicide.
(B) Youth with disabilities, mental illness, or substance use disorders.
(C) Youth experiencing homelessness or in out-of-home settings, such as foster care.
(D) Lesbian, gay, bisexual, transgender, or questioning youth.
(3) (A) The policy shall also address any training to be provided to teachers of pupils in grades 7 to 12, inclusive, on suicide awareness and prevention.
(B) Materials approved by a local educational agency for training shall include how to identify appropriate mental health services, both at the schoolsite and within the larger community, and when and how to refer youth and their families to those services.
(C) Materials approved for training may also include programs that can be completed through self-review of suitable suicide prevention materials.
(4) The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee’s credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so.
(5) To assist local educational agencies in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies.
(b) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall review, at minimum every fifth year, its policy on pupil suicide prevention and, if necessary, update its policy.
(c) Nothing in this section shall prevent the governing board or body of a local educational agency from reviewing or updating its policy on pupil suicide prevention more frequently than every fifth year.
(d) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school.

SEC. 3.

 Section 216 of the Education Code is amended to read:

216.
 (a) The department shall identify one or more evidence-based online training programs that a local educational agency can use to train school staff and pupils as part of the local educational agency’s policy on pupil suicide prevention adopted pursuant to subdivision (a) of Section 215.
(b) In identifying an online training program pursuant to subdivision (a), the department shall ensure all of the following:
(1) The training program is evidence based.
(2) The training program is consistent with the model pupil suicide prevention policy developed by the department pursuant to paragraph (5) of subdivision (a) of Section 215.
(3) The training program addresses the needs of high-risk high-promise groups as specified in paragraph (2) of subdivision (a) of Section 215.
(4) The training program can track aggregate, statewide usage.
(5) The training program can assess trainee knowledge before and after training is provided in order to measure training outcomes.
(c) (1) The department shall, subject to funds being appropriated in the annual Budget Act or another statute for this purpose, provide a grant to a county office of education, upon application by the county office of education, for the county office of education to acquire a training program identified by the department pursuant to subdivision (a) and disseminate that training program to local educational agencies.
(2) The county office of education shall make the training program available to local educational agencies at no cost.
(3) A local educational agency is not required to use the training program and may use the training program on a voluntary basis.
(d) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in grades 7 to 12, inclusive.
(e) The requirements of this section are contingent on funds being appropriated in the annual Budget Act or another statute for its purposes.

SEC. 4.

 Section 234.1 of the Education Code is amended to read:

234.1.
 The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following:
(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.
(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following:
(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so.
(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district.
(3) An appeal process afforded to the complainant should he or she disagree with the resolution of a complaint filed pursuant to this section.
(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985.
(c) Publicized antidiscrimination, anti-harassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985.
(d) (1) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation.
(2) As used in this subdivision, both of the following apply:
(A) Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-risk at-promise pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures.
(B) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-risk at-promise pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils.
(e) Posted the policy established pursuant to subdivision (a) in all schools and offices, including staff lounges and pupil government meeting rooms.
(f) Maintained documentation of complaints and their resolution for a minimum of one review cycle.
(g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate.
(h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter.
(i) Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this section.

SEC. 5.

 Section 8266.1 of the Education Code is amended to read:

8266.1.
 Commencing with the 1995–96 fiscal year and each fiscal year thereafter, for the purposes of this chapter, reimbursement rates shall be adjusted by the following reimbursement factors for child care and development programs with a standard reimbursement rate, but shall not apply to the Resource and Referral Programs set forth in Article 2 (commencing with Section 8210), the Alternative Payment Programs set forth in Article 3 (commencing with Section 8220), the part-day California state preschool programs set forth in Article 7 (commencing with Section 8235), the schoolage community child care services programs set forth in Article 22 (commencing with Section 8460), or to the schoolage parent and infant development programs:
(a) For child care and development providers serving children for less than four hours per day, the reimbursement factor is 55 percent of the standard reimbursement rate.
(b) For child care and development program providers serving children for not less than four hours per day, and less than six and one-half hours per day, the reimbursement factor is 75 percent of the standard reimbursement rate. For providers operating under the At Risk Child Care Program set forth in Article 15.5 (commencing with Section 8350) and serving children for not less than four hours per day, and less than seven hours per day, the reimbursement factor is 75 percent of the standard reimbursement rate.
(c) For child care and development program providers serving children for not less than six and one-half hours per day, and less than 10 and one-half hours per day, the reimbursement factor is 100 percent of the standard reimbursement rate. For providers operating under the At Risk Child Care Program set forth in Article 15.5 (commencing with Section 8350) and serving children for not less than seven hours per day, and less than 10 hours per day, the reimbursement factor is 100 percent of the standard reimbursement rate.
(d) For child care and development program providers serving children for 101/2 hours or more per day, the reimbursement factor is 118 percent of the standard reimbursement rate.

SEC. 6.

 Section 8423 of the Education Code is amended to read:

8423.
 (a) (1)  The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2) For purposes of paragraph (1), the following terms shall have the following meanings:
(A) “Central California” means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B) “Northern California” means California County Superintendents Educational Services Association regions one to four, inclusive.
(C) “Southern California” means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D) “Urban and rural areas” shall be as defined by the United States Census Bureau.
(b) The department shall consider the following criteria in awarding grants:
(1) Strength of the educational element and coordination with state academic standards and other academic interventions.
(2) Strength of the enrichment element.
(3) Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4) A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5) A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6) A description of plans to attract pupils, particularly pupils considered at risk at promise or in need of academic support, on a regular basis.
(c) The application shall certify all of the following:
(1) Completion of an assessment of pupils’ preferences for program activities.
(2) Access to, and availability of, computers and technology.
(3) Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4) That the program will meet all of the evaluation requirements.
(5) Fiscal accountability.
(6) Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.

SEC. 7.

 Section 8801 of the Education Code is amended to read:

8801.
 The Legislature finds and declares all of the following:
(a) A large and growing number of California’s children are not learning enough in school to prepare them for full economic, social, and civic participation in adult life, as evidenced by the following statistics:
(1) Each year, between 59,000 and 72,000 children are born exposed to drugs or alcohol.
(2) Currently 360,000 children are abused or neglected, according to the juvenile courts and county welfare departments.
(3) Each year, a substantial number of parents have their parental rights terminated by the courts.
(4) Seventy thousand children are presently placed with foster care because of parental abuse or neglect or delinquent behavior.
(5) Out of an average class of 30 high school sophomores, any eight pupils are on public assistance, any four speak no English, any eight are at least two years behind in reading and math, any three have grown up in public housing, any seven will not graduate, any three will be teen parents, and any seven will not be employable.
(6) Sixty-one thousand children receive mental health services annually.
(7) One million one hundred thousand children go to bed hungry every night.
(b) The quality of life for all Californians is affected by these conditions. These children, and often the children they have, impose heavy costs on taxpayers by requiring special services, income assistance, or incarceration or institutionalization. They are a burden on the capacity of the state’s economy to produce adequate revenues and an adequate tax base.
(c) The causes of the problems children face are complex and interdependent. Many families, especially those affected by poverty, fail to provide the physical, emotional, and intellectual support needed to ensure that their children are ready for school. Many neighborhoods and larger communities lack the resources or organization to support children. The schools’ support services either are not effective or have not effectively serviced a large enough percentage of at-risk at-promise children.
(d) Because children spend so much of their time at school, schools have been increasingly asked to provide a wide range of health and social services to children, and many have attempted to help parents as well. The capacity of schools to undertake these roles must be increased.
(e) However, this service capacity should not be increased through conventional, categorical approaches. Services to children and their families can be most effectively provided through consortia which include schools, other health and human service providers, parents, and community groups. Collaboration is necessary and more effective because the goals of school and community services are interdependent; fragmentation of existing state and local services otherwise inhibits their effectiveness; and community-based services offer resources and competence that schools do not have. Both the state and counties must develop policies and incentives to improve collaboration at the local level.
(f) Therefore, it is the intent of the Legislature that by implementing the Healthy Start Support Services for Children Act, children in need of assistance to overcome the barriers to healthy, productive lives be given assistance in all of the following ways:
(1) By creating a learning environment that is optimally responsive to the physical, emotional, and intellectual needs of each child.
(2) By fostering interagency collaboration and communication at the local level to more efficiently and effectively deliver human support services to children and their families.
(3) By encouraging the full use of existing agencies, professional personnel, and public and private funds to ensure that children are ready and able to learn, and to prevent duplication of services and unnecessary expenditures.
(4) By encouraging the development of a local interagency oversight mechanism that includes a records system to evaluate cost and effectiveness, and the development of a process of self-assessment of those records and the way in which they are used, to improve the effectiveness of services.

SEC. 8.

 Section 11300 of the Education Code is amended to read:

11300.
 (a) The Legislature finds and declares that middle college high schools have proven to be a highly effective collaborative effort between local school districts and community colleges. The goal of the middle college high school is to select at-risk at-promise high school students who are performing below their academic potential and place them in an alternative high school located on a community college campus in order to reduce the likelihood that they will drop out of school before graduation.
(b) Each middle college high school shall be structured as a broad-based, comprehensive instructional program focusing on college preparatory and school-to-work curricula, career education, work experience, community service, and support and motivational activities.
(c) The specific design of a middle college high school may vary depending on the circumstances of the community college or school district. The basic elements of the middle college high school shall include, but not be limited to, the following:
(1) A curriculum that focuses on college and career preparation.
(2) A reduced adult-student ratio.
(3) Flexible scheduling to allow for work internships, community service experience, and interaction with community college student role models.
(4) Opportunities for experiential internships, work apprenticeships, and community service.

SEC. 9.

 Section 33426 of the Education Code is amended to read:

33426.
 (a) The California Youth Leadership Project shall be overseen by the California Youth Leadership Project Committee.
(b) The California Youth Leadership Project Committee shall be established and oversee the California Youth Leadership Project and distribute funds pursuant to Article 4.5 (commencing with Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code and this article.
(c) Members of the California Youth Leadership Project Committee, in making youth scholarship awards, shall take into consideration that awarded youth represent the racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California. Priority for awarding scholarships under this article shall be given to at-risk at-promise or disadvantaged youth between 14 and 18 years of age, as their participation in the California Youth Leadership Project will provide keen insight into many of the issues that youth face in their day-to-day lives.
(d) (1) The California Youth Leadership Project Committee shall be chaired by the Superintendent, or his or her designee, and shall include no more than six members.
(2) The Superintendent shall appoint the following four members to the California Youth Leadership Project Committee:
(A) A representative from a statewide nonprofit youth organization.
(B) A representative from a community-based nonprofit organization that serves youth or deals with youth-related issues, including, but not limited to, the issues described in paragraph (2) of subdivision (c) of Section 33425.
(C) A representative of a local educational agency or school district.
(D) A youth between 14 and 18 years of age who has participated in a youth leadership program involving lobbying the Legislature on issue areas affecting youth. This person shall serve only in an advisory capacity.
(3) The California Health and Human Services Agency may also, but is not required to, appoint a member to the California Youth Leadership Project Committee.
(4) To the extent possible, a member of the California Youth Leadership Project Committee, appointed under any of subparagraphs (A) to (C), inclusive, of paragraph (2) shall have experience and be trained to work with youth between 14 and 18 years of age on any of the issues described in paragraph (2) of subdivision (c) of Section 33425, and shall have special experience in civic engagement, advocacy, and at least one of the following issue areas affecting youth:
(A) Crisis prevention or intervention.
(B) Drug, alcohol, and tobacco abuse prevention or intervention.
(C) Foster care.
(D) Juvenile justice.
(E) Homelessness.
(F) Lesbian, gay, bisexual, and transgender rights and social justice.
(G) Mental health.
(H) Youth with disabilities.
(e) The members of the California Youth Leadership Project Committee shall serve on a voluntary basis and shall not receive a salary.

SEC. 10.

 Section 42920 of the Education Code is amended to read:

42920.
 The Legislature finds and declares all of the following:
(a) The Foster Youth Services (FYS) program has been a successful program that supports the educational achievement of pupils in foster care. This success has contributed to landmark California education finance reform that prioritizes the educational needs of pupils in foster care.
(b) The county office of education FYS program is uniquely situated to support interagency collaboration and capacity building, both at the system and individual pupil level, focused on improving educational outcomes for pupils in foster care. This is a key component to the successful implementation of the local control funding formula (LCFF). The FYS program should support and facilitate such collaboration and capacity building while preserving the ability to provide direct services such as tutoring, mentoring, counseling, transition, school-based social work, and emancipation assistance when there are identified gaps in service at the local level and the local Executive Advisory Council establishes that these services are needed and aligned with local control and accountability plan priorities.
(c) Pupils in foster care will benefit from increased levels of supports and services as a result of the FYS program supporting implementation of the LCFF for pupils in foster care.
(d) Pupils in foster care represent one of the most vulnerable and academically at-risk at-promise pupil groups enrolled in California schools. The academic status of pupils in foster care is often profoundly impacted by the foster care system in which many pupils in foster care experience multiple placements with an average frequency of one placement change every six months. Due to this movement, pupils in foster care lose an average of four to six months of educational attainment with each move. Therefore, it is essential to recognize, identify, and plan for the critical and unique educational needs of pupils in foster care.
(e) A high percentage of pupils in foster care are working substantially below grade level, and over one-half of the pupils in foster care are retained at least one year in the same grade level. Pupils in foster care earn lower grades and achieve lower scores on standardized achievements tests in reading and mathematics, have lower levels of engagement in school, and are half as likely as pupils not in foster care to be involved in extracurricular activities. The long-term consequences of poor academic experiences are significant. Pupils in foster care are twice as likely as pupils not in foster care to drop out of school before graduation and only 45 percent of pupils in foster care have graduated from high school at the time of emancipation. Foster youth are similarly underrepresented in college enrollment rates and dramatically underperform their peers in relation to college completion. Pupils in foster care are also subject to disproportionate levels of disciplinary measures, including suspension and expulsion. It is imperative that California close the foster youth achievement gap so that pupils in foster care can realize their full potential, reach their college and career goals, and become independent, productive members of society.
(f) Foster youth are an especially vulnerable pupil population, as they are often also members of other underserved pupil groups. In 2013, the demographic data of pupils in foster care in California were as follows:
(1) The largest ethnic group amongst pupils in foster care was Hispanic, with nearly half of the population.
(2) African American and Native American pupils continue to be disproportionately represented in the child welfare system, as researchers found that 26 percent of pupils in foster care were African American despite African Americans only accounting for 7 percent of the pupil population in California, and 2 percent of pupils in foster care were Native American despite Native Americans only accounting for 1 percent of the pupil population in California.
(3) Nearly one in five pupils in foster care had special education needs, which is over twice the rate of the statewide pupil population.
(4) More than 1 in 10 pupils in foster care were English learners.
(5) A significant number of youth in foster care identify as lesbian, gay, bisexual, transgender, queer, questioning, or gender nonconforming.
(g) Compounded by the research that indicates that there is a need for California to close the achievement gap between specific ethnic pupil populations and White pupils, addressing the foster youth achievement gap will further efforts that support education equity for all pupils.
(h) Given their current academic status, pupils in foster care are more likely to achieve their full potential when they are provided services and programs designed to meet their particular needs, including, but not limited to, supplemental instruction, counseling, tutoring, support services offered to lesbian, gay, bisexual, transgender, queer, questioning, and gender nonconforming youth, and other assistance relevant to their experience.
(i) Policies and laws addressing the educational rights of pupils in foster care must be implemented so that pupils in foster care are immediately enrolled in school, provided access to meaningful opportunities to meet state pupil academic achievement standards to which all pupils are held, provided access to a rigorous curriculum, adequately prepared to enter postsecondary education, and afforded the academic resources, services, and extracurricular and enrichment activities made available to other pupils enrolled in California’s public schools, including, but not limited to, interscholastic sports administered by the California Interscholastic Federation. In fulfilling their responsibilities to these pupils, educators, county placing agencies, caregivers, advocates, and the juvenile courts will work together to ensure that each pupil is placed in the least restrictive educational environment.
(j) Foster youth services programs provide pupils in foster care needed educational support and are a state priority.

SEC. 11.

 Section 44324 of the Education Code is amended to read:

44324.
 (a) The Legislature encourages any public or private institution of higher education that conducts any program of professional preparation for a teaching or services credential to operate and supervise, within that program, a field experience program, and to grant up to and including three semester units, or the equivalent, to any student who participates in that field experience program, whether that participation occurs before or after the granting of a credential. For purposes of this section, “field experience program” means a program under which students work with truant, habitual truant, or other at-risk at-promise pupils enrolled in any public elementary or secondary school, and may include student participation in home-school conferences and home referrals.
(b) School districts are encouraged to cooperate with public and private institutions of higher education in the operation of the field experience programs described in subdivision (a).

SEC. 12.

 Section 45391 of the Education Code is amended to read:

45391.
 (a)  If a local educational agency expends funds for professional development for any schoolsite staff, the local educational agency shall consider the needs of its classified school employees.
(b) For purposes of this article, the following terms have the following meanings:
(1) “Classified school employee” means a person employed on a full-time or a part-time basis as a classified school employee at a community college, a public school, a charter school, or a county office of education.
(2) “Local educational agency” means a school district, a county office of education, a charter school, or a community college district.
(c) Professional development training for classified school employees to update their skills and to learn best practices may include, but is not limited to, any of the following:
(1) Pupil learning and achievement, including all of the following:
(A) Training for paraprofessionals to assist teachers and administrators to improve the academic achievement of pupils.
(B) Training to ensure the curriculum frameworks and instructional materials are aligned to the common core standards.
(C) Training in the management and use of state and local pupil data to improve pupil learning.
(D) Training on the best practices in the appropriate interventions and assistance to at-risk for at-promise pupils.
(2) Pupil and campus safety, including training and staff development in the latest and best practices for pupil safety and campus safety.
(3) Education technology, including management strategies and best practices regarding the use of education technology to improve pupil performance.
(4) School facility maintenance and operations, including new research and best practices in the operation and maintenance of school facilities, such as green technology and energy efficiency, that help reduce the use and the cost of energy at schoolsites.
(5) Special education, including training and staff development on the best practices to meet the needs of special education pupils, and to comply with any new state and federal mandates.
(6) School transportation and bus safety, including training and staff development on the best practices and standards for pupil transportation.
(7) Parent involvement, including training and staff development to enhance the ability of a school to increase parent involvement at schoolsites.
(8) Food service, including training and staff development on new research and findings for food preparation to provide nutritional meals and food management.
(9) Health, counseling, and nursing services, including training and staff development on the latest and best practices for pupil health care and counseling needs.
(10) Environmental safety, including training and staff development on pesticides and other possibly toxic substances so that they may be safely used at schoolsites.

SEC. 13.

 Section 48325 of the Education Code is amended to read:

48325.
 (a) The Legislature finds and declares that statewide policy coordination and personnel training with respect to county attendance review boards will greatly facilitate the achievement of the goals expressed in Section 48320. It is therefore the intent of the Legislature in enacting this section to do the following:
(1) Encourage the cooperation, coordination, and development of strategies to support county school attendance review boards in carrying out their responsibilities to establish local school attendance review boards as necessary. These strategies may include, but need not be limited to, plans for the training of school attendance review board personnel.
(2) Divert pupils with serious attendance and behavioral problems from the juvenile justice system to agencies more directly related to the state public school system by developing a system for gathering and dispensing information on successful community-based and school-based programs.
(3) Reduce duplication of the services of state and county agencies in serving high-risk high-promise youth, including youth with school attendance or behavioral problems.
(4) Reduce the number of dropouts in the state public education system by promoting interagency cooperation among those agencies which have as their goals preventing students from dropping out, and increasing the holding power of the public schools.
(b) The Superintendent of Public Instruction shall coordinate and administer a state school attendance review board, as follows:
(1) On or before January 31 of each year, the superintendent shall extend invitations of participation to representatives of appropriate groups throughout the state, including, but not limited to, representatives of school districts, parent groups, county probation departments, county welfare departments, county superintendents of schools, law enforcement agencies, community-based youth service centers, school guidance personnel, child welfare and attendance personnel, the health care profession and state associations having an interest in youth with school attendance or behavioral problems. The superintendent shall also request the participation of representatives from interested state agencies or departments, including, but not limited to, the Department of the California Youth Authority, the Department of Justice, the State Department of Social Services, and the Office of Criminal Justice Planning. To the extent feasible, members of the board shall include persons who are currently members of county or local school attendance review boards. For every year after the first year that the board is convened, the purpose of the invitations of participation shall be to inform appropriate groups, state agencies, and departments of the purposes of the board, to fill vacancies, and to supplement the membership of the board as necessary.
(2) The superintendent shall prescribe an appropriate deadline for acceptance of invitations of participation as a member of the state school attendance review board for that particular year, and the invitations accepted on or before the deadline shall constitute the board for that year, except that the board shall also include a representative of the State Department of Education designated by the director of that department. The representative of the State Department of Education shall be the chairperson of the board.
(3) The superintendent shall convene the board at least four times during the year. At its first meeting, the board shall elect any officers, other than its chairperson, as it deems necessary. Members of the board shall serve without compensation and without reimbursement of travel and living expenses.
(4) The State Department of Education shall provide assistance as requested by the Superintendent of Public Instruction in order to implement the provisions of this section.
(c) The state school attendance review board shall make recommendations annually to the Superintendent of Public Instruction, and to state agencies as deemed appropriate, regarding the needs and services provided to high-risk high-promise youth, including youth with school attendance or behavioral problems, in the state public schools, and shall propose uniform guidelines or other means to attain the goals stated in subdivision (a).

SEC. 14.

 Section 48660.1 of the Education Code is amended to read:

48660.1.
 It is the intent of the Legislature that school districts operating community day schools to the extent possible include the following program components:
(a) School district cooperation with the county office of education, law enforcement, probation, and human services agencies personnel who work with at-risk at-promise youth.
(b) Low pupil-teacher ratio.
(c) Individualized instruction and assessment.
(d) Maximum collaboration with school district support service resources, including, but not limited to, school counselors and psychologists, academic counselors, and pupil discipline personnel.

SEC. 15.

 Section 49380 of the Education Code is amended to read:

49380.
 (a) A school district is encouraged to collaborate with outside consultants, including law enforcement, with expertise in sexual abuse and sex trafficking prevention education in order to create a school safety plan to address the threat of sexual abuse and sex trafficking.
(b) A school district is encouraged to collaborate with law enforcement on a referral protocol for high-risk high-promise pupils and minors.
(c) In-service training may be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of sexual abuse and sex trafficking of pupils and minors.

SEC. 16.

 Section 51266 of the Education Code is amended to read:

51266.
 (a) The Office of Emergency Services, in collaboration with the State Department of Education, shall develop a model gang violence suppression and substance abuse prevention curriculum for grades 2, 4, and 6. The curriculum for grades 2, 4, and 6 shall be modeled after a similar curriculum that has been developed by the Orange County Office of Education for grades 3, 5, and 7. The Office of Emergency Services, in collaboration with the State Department of Education, may contract with a county office of education for the development of the model curriculum. The model curriculum shall be made available to school districts and county offices of education and shall, at a minimum, provide for each of the following:
(1) Lessons for grades 2, 4, and 6 that are aligned with the state curriculum frameworks for history, social science, and English and language arts.
(2) Instructional resources that address issues of ethnic diversity and at-risk at-promise pupils.
(3) The integration of the instructional resources of the Office of Emergency Services and the School/Law Enforcement Partnership in order to support the school curriculum and assist in the alignment of the state curriculum framework.
(b) The Office of Emergency Services shall develop an independent evaluation of the pupil outcomes of the model gang violence suppression and substance abuse prevention curriculum program.

SEC. 17.

 Section 51865 of the Education Code, as amended by Section 24 of Chapter 865 of the Statutes of 2018, is amended to read:

51865.
 (a) It is the intent of the Legislature that legislation be enacted to implement the policy objectives set forth in this section with regard to distance learning. For purposes of this article, “distance learning” means instruction in which the pupil and instructor are in different locations and interact through the use of computer and communications technology. Distance learning may include video or audio instruction in which the primary mode of communication between pupil and instructor is instructional television, video, telecourses, or any other instruction that relies on computer or communications technology.
(b) Distance learning should be utilized by the state to achieve the following educational goals:
(1) Equity in education, which requires that every pupil in California’s public schools, and every adult in the state, have equal access to educational opportunities, regardless of where he or she lives or how small a school the pupil attends.
(2) Quality in education, which would be enhanced through the creative application of telecommunications, as pupils are given the opportunity to interact with pupils from other cultures and geographical locations, and with outstanding educators from other educational institutions.
(3) Diversity among educational institutions, which has been recognized in California through the support of various types of public educational institutions as well as of independent and private colleges and universities. Distance learning technology permits greater diversity in the means of instruction and in the delivery of educational and training services to an adult population that is more and more likely to seek education outside of the traditional baccalaureate program designed for four consecutive years on a full-time basis shortly after graduating from high school.
(4) Efficiency and accountability, which receive increasing emphasis as state budget resources become increasingly restricted. Distance learning technologies can be effective only through the cooperative efforts of individuals from different institutions, a collaboration that has the potential to reduce costs and increase efficiency. A technology-integrated educational delivery system would allow for the electronic transmittal of files and reports, thus providing the information needed for accountability more rapidly and at a lower cost, and for video teleconferencing for state and local education and other government agencies, thereby diminishing travel requirements.
(c)  To the extent that funding is made available for this purpose, a coordinated distance learning system should be developed to serve the following high priority education needs:
(1) The enhancement of work force skills and competency in the adult population.
(2) The expansion of adult education classes in English as a second language, in response to the growing level of unmet need for that instruction.
(3) The enhancement of curriculum to meet the needs of high-risk high-promise pupils who would be likely to drop out of traditional classroom programs.
(4) The expansion of course offerings in subjects that include, but are not limited to, world languages, science, and mathematics, to rural and inner-city secondary schools that are unable to provide the college preparatory and enrichment courses that their pupils require and that other secondary schools provide.
(5) The expansion of course offerings at community colleges and off-campus centers to better serve students in all parts of the state. This expansion should include university-level courses, to better serve community college students who seek a university-level education but do not have the financial resources to transfer to a university.
(6) The establishment of staff development courses for elementary school, secondary school, and community college teachers who otherwise might be unable to participate in training opportunities.
(7) The enhancement of curriculum through an increased communication capability on the part of schools, colleges, and universities, providing the opportunity for those institutions to receive various types of supplementary educational programs, conduct exchanges with business, industry, and government, participate in live lectures and conferences on special topics, and increase cooperation and communication with other educational institutions.
(d) The state should encourage the use of multiple technologies in distance learning education, including microwave, satellite, and public/private switched network delivery systems. Priority in this regard should be placed upon interconnecting the various delivery systems, while providing educators with the opportunity to experiment with each alternative distance learning technology.
(e) The state shall recognize the value of regional networks serving regional needs, as well as the value of a statewide network.
(f) In expanding the use of distance learning technology, the state should emphasize the delivery of education and training services to populations currently not receiving those services, the ease of access by educational institutions to the technology, and the lower cost over time of providing instruction through distance learning rather than on site.
(g) The state should employ incentives, rather than requirements, to induce educational institutions to expand their utilization of distance learning technologies.
(h) The state should ensure that the same standards are applied to distance learning for course and program quality, course content, pupil achievement levels, and coherence of curriculum that are currently applied for those purposes to traditional classroom instruction at public educational institutions.
(i) The state should encourage collaboration between the private sector and educational institutions in the use of technology, both to enhance the quality of education in the classroom and to expand the delivery of educational services to the worksite.

SEC. 18.

 Section 52052 of the Education Code is amended to read:

52052.
 (a) (1) The single multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52059.5) shall measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education.
(2) For purposes of this section, numerically significant pupil subgroups include all of the following:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English learners.
(D) Pupils with disabilities.
(E) Foster youth.
(F) Homeless youth.
(3) (A) For purposes of this section, a numerically significant pupil subgroup is one that consists of at least 30 pupils.
(B) Notwithstanding subparagraph (A), for a subgroup of pupils who are foster youth or homeless youth, a numerically significant pupil subgroup is one that consists of at least 15 pupils.
(b) To complement the multiple measures system, the Superintendent, with the approval of the state board, may develop and implement a program of school quality review that features locally convened panels to visit schools, observe teachers, interview pupils, and examine pupil work.
(c) The Superintendent shall annually provide to local educational agencies and the public a transparent and understandable explanation of the individual components of the multiple measures system.
(d) For purposes of the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5), or any successor system, alternative schools include schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, nonpublic, nonsectarian schools pursuant to Section 56366, and alternative schools serving high-risk high-promise pupils, including continuation high schools, dropout recovery high schools, and opportunity schools.
(e) For purposes of this section, the following terms shall have the following meanings:
(1) “Dropout recovery high school” means a school offering instruction in any of grades 9 to 12, inclusive, in which 50 percent or more of its pupils are either designated as dropouts pursuant to the exit and withdrawal codes developed by the department or left a school and were not otherwise enrolled in a school for a period of at least 180 days and the school provides instruction in partnership with any of the following:
(A) The federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(B) Federally affiliated Youthbuild programs (29 U.S.C. Sec. 3226 et seq.).
(C) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider.
(D) 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.
(2) “Homeless youth” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code.
(f) For any program identified in law that utilized a calculation pursuant to the former Academic Performance Index established pursuant to this section, as this section read on January 1, 2018, the 2013 growth calculation shall be applied for those purposes. For purposes of paragraphs (1) to (3), inclusive, of subdivision (b) of Section 47607, alternative measures that show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups shall be used.

SEC. 19.

 Section 52616.2 of the Education Code is amended to read:

52616.2.
 For purposes of calculating the adult block entitlement under Section 52616 for any school district that maintains education programs for adults, as described under subdivision (a) of Section 41976, the Superintendent of Public Instruction shall include the average daily attendance for any parenting programs offered by the school district for parents of high-risk pupils, as defined in Section 54721, high-promise pupils between the ages of 5 and 18 years, inclusive, which programs shall include, but not necessarily be limited to, instruction in the value of the following pupil objectives:
(a) Completion of the educational process leading to the granting of a diploma of graduation from high school.
(b) Study and learning in conjunction with other pupils.
(c) Fulfillment of school homework requirements.
(d) School attendance and participation as preparation for employment and other activities.

SEC. 20.

 Section 54690 of the Education Code is amended to read:

54690.
 (a) The Legislature hereby finds and declares that the partnership academies program has proven to be a highly effective state-school-private sector partnership, providing combined academic and occupational training to high school pupils who present a high risk of dropping out of school, and motivating those pupils to stay in school and graduate. Partnership academies are functioning in high schools across the state, with occupational education and skills development successfully offered in California’s 15 different industry sectors, including electronics, computer technology, finance, agribusiness, alternative energy, environmental design and construction, graphic arts and printing, international business, and space. Partnership academies have been honored with national awards for excellence, and the California partnership academies have been given high accolades in various textbooks and studies addressing career technical education programs.
(b) The Legislature finds the partnership academies are in the forefront of school efforts to integrate academic and career technical education and that they can be effective in providing an integrated learning program and high motivation toward pursuing skilled occupational fields to pupils at risk of dropping out of school and to pupils not motivated by the regular educational curriculum. Further, the Legislature finds the partnership academies can make a very positive contribution towards meeting the needs of the state for a highly skilled and educated workforce in the 21st century.
(c) Therefore, the Legislature hereby states its intent to expand the number of partnership academies in this state’s high schools, hereafter to be known as California Partnership Academies; to broaden the availability of these learning experiences to interested pupils who do not meet the criteria of “at-risk” at-promise pupils; and to encourage the establishment of academies whose occupational fields address the needs of developing technologies.
(d) For purposes of this article, an “at-risk” pupil “at-promise pupil” means a pupil enrolled in high school who is at risk of dropping out of school, as indicated by at least three of the following criteria:
(1) Past record of irregular attendance. For purposes of this section, “irregular attendance” means absence from school 20 percent or more of the school year.
(2) Past record of underachievement in which the pupil is at least one-third of a year behind the coursework for the respective grade level, or as demonstrated by credits achieved.
(3) Past record of low motivation or a disinterest in the regular school program.
(4) Disadvantaged economically.
(5) Scoring below basic or far below basic in mathematics or English language arts on the standardized test administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33.
(6) Maintaining a grade point average of 2.2 or below, or the equivalent of a C minus.
(e) Up to one-half of the pupils enrolled at a partnership academy may be pupils who do not meet the criteria of “at-risk” at-promise pupils.
(f) The department may expend no more than 5 percent of the funds received to carry out this article on administrative expenses.

SEC. 21.

 Section 60901 of the Education Code is amended to read:

60901.
 (a) Contingent upon the receipt of federal funds for this purpose, the department, in consultation with the Department of Finance and the Legislative Analyst’s Office, shall prepare the California Longitudinal Pupil Achievement Data System established pursuant to Section 60900 to include data on a quarterly rate of pupil attendance. Preparation shall include all of the following:
(1) The addition of fields to facilitate the transfer of data.
(2) System development activities including any business rules and definitions that would be needed to improve the quality and consistency of the data.
(3) Processes for the transfer of data from local educational agencies.
(4) Consultation with organizations representing school, district, and county education administrators, classified and certified staff, and parents in order to develop the criteria and frequency of reports on pupil attendance data and other indicators as may be submitted by local educational agencies.
(b) The system shall support local educational agencies in their efforts to identify and support pupils at risk of dropping out and shall be capable of issuing to local educational agencies periodic reports that include, but may not be limited to, district, school, class, and individual pupil reports on both of the following:
(1) Rates of absence.
(2) Chronic absentees.
(c) (1) For purposes of this section, “chronic absentee” means a pupil who is absent on 10 percent or more of the schooldays in the school year when the total number of days a pupil is absent is divided by the total number of days the pupil is enrolled and school was actually taught in the regular day schools of the district, exclusive of Saturdays and Sundays.
(2) Once available, chronic absentee rates shall be incorporated into the annual report on dropouts required pursuant to Section 48070.6.
(d) It is the intent of the Legislature to support the development of early warning systems to enable the identification and support of individual pupils who are at risk of academic failure or dropping out of school. The systems shall encompass the following characteristics:
(1) The utilization of highly predictive indicators, including attendance, course grades or completion, performance on assessments of pupil achievement, suspensions, and expulsions.
(2) A thorough validation process to ensure the predictive reliability of the systems.
(3) Periodic reports that inform principals, teachers, and parents in a manner that enables timely identification and support of individual pupils who are at risk of academic failure or dropping out.
(e) When the system established pursuant to Section 60900 is prepared to accept data on a quarterly rate of pupil attendance, a local educational agency may submit data to the department on a quarterly rate of pupil attendance and other indicators as identified by the department. It is the intent of the Legislature that schools identified on the list of persistently lowest-achieving schools will fully utilize the early warning systems described in subdivision (d).
(f) A local educational agency that reports attendance data for pupils to the system established pursuant to Section 60900 may request, and the department shall provide, the early warning report described in subdivision (d) up to four times each school year.
(g) The department shall notify local educational agencies that reporting pupil attendance and chronic absentee data pursuant to this section is voluntary. The notice shall include a description of the benefits of reporting pupil attendance and chronic absentee data in fostering the development of effective supports and interventions for at-risk at-promise pupils.
(h) This section shall not be implemented unless federal funds are appropriated specifically for the purposes of this section.

SEC. 22.

 Section 69981 of the Education Code is amended to read:

69981.
 (a) There is hereby created an instrumentality of the State of California to be known as the Golden State Scholarshare College Savings Trust.
(b) The purposes, powers, and duties of the Scholarshare trust are vested in, and shall be exercised by, the board.
(c) The board, in the capacity of trustee, shall have the power and authority to do all of the following:
(1) Sue and be sued.
(2) Make and enter into contracts necessary for the administration of the Scholarshare trust.
(3) Adopt a corporate seal and change and amend it from time to time.
(4) Cause moneys in the program fund to be held and invested and reinvested.
(5) Enter into agreements with any institution of higher education or any federal or other state agency or other entity as required for the effectuation of its rights and duties.
(6) Accept any grants, gifts, appropriation, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. Except as otherwise provided in Section 69982, the board may not accept any contribution by any nonpublic entity, person, firm, partnership, or corporation that is not designated for a specified beneficiary, unless the contribution is deposited in the CalSAVE account pursuant to subdivision (d).
(7) Enter into participation agreements with participants, as set forth in Section 69983.
(8) Make payments to institutions of higher education pursuant to participation agreements on behalf of beneficiaries.
(9) Make refunds to participants upon the cancellation of participation agreements pursuant to the provisions, limitations, and restrictions set forth in this article.
(10) Appoint an executive director, who shall serve at the pleasure of the board, and determine the duties of the executive director and other staff as necessary and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board.
(11) Make provisions for the payment of costs of administration and operation of the Scholarshare trust.
(12) Carry out the duties and obligations of the Scholarshare trust pursuant to this article and have any and all other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this article.
(d) (1) There is established within the Scholarshare trust the California Scholarshare Advancement Vehicle for Education (CalSAVE) program to fund scholarships for beneficiaries to be determined by the board that may include, but are not limited to, foster youth, youth in at-risk at-promise categories, individuals with demonstrated economic need, former and active members of the California National Guard, individuals seeking undergraduate or postbaccalaureate courses in disciplines in which the state faces shortages, including nursing and teaching, and other categories to be determined by the board.
(2) The CalSAVE account is created within the program fund and is continuously appropriated, without regard to fiscal years, to the board for the purposes of the CalSAVE program. The board shall create subaccounts within the CalSAVE account for each category of beneficiary determined pursuant to paragraph (1). The CalSAVE account shall be funded by contributions from federal or local governments, or any other person, firm, partnership, or corporation, and from the administrative fund established pursuant to Section 69984. Any person contributing to the CalSAVE account may designate that his or her contribution be deposited into any subaccount within the CalSAVE account, or may contribute without any designation. The board shall apportion any undesignated funds among the subaccounts, taking into consideration factors, including, but not limited to, the number of eligible applications received seeking funding from a particular subaccount.
(e) The board shall adopt regulations as it deems necessary to implement this article consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-deferral or tax-exempt benefits, or both.

SEC. 23.

 Section 5087 of the Penal Code is amended to read:

5087.
 The chancellor of the Riverside campus may appoint an advisory committee to assist in establishing research priorities. The university shall consult with the Department of Corrections, the Department of the Youth Authority, Corrections and Rehabilitation, the Division of Juvenile Justice, local law enforcement, probation, parole, and correctional agencies, and persons of experience or education in other higher education institutions in the field of corrections or related fields on the activities of the center. These projects shall be related to the center’s goals as specified in Section 5086 and may also include, but not be limited to, applied and theoretical research in the following areas:
(a) Methods of ensuring secure, cost-effective, safe, and gang-free incarceration in California’s correctional institutions, including approaches to ameliorate overcrowding in those institutions.
(b) New approaches to reduce inmate and ward recidivism and consequent victimization of California citizens.
(c) Correctional facility management, planning, design, and construction.
(d) New approaches to rehabilitate inmates and wards during and after incarceration and to integrate offenders into society after incarceration.
(e) New approaches to inmate and ward diagnosis, classification, and treatment.
(f) At-risk At-promise youth and street gang activity.
(g) Law enforcement.

SEC. 24.

 Section 6025 of the Penal Code is amended to read:

6025.
 (a) Commencing July 1, 2012, the Board of State and Community Corrections shall be composed of 12 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who shall be the Secretary of the Department of Corrections and Rehabilitation.
(2) The Director of the Division of Adult Parole Operations for the Department of Corrections and Rehabilitation.
(3) A county sheriff in charge of a local detention facility which has a Corrections Standards Authority rated capacity of 200 or less inmates, appointed by the Governor, subject to Senate confirmation.
(4) A county sheriff in charge of a local detention facility which has a Corrections Standards Authority rated capacity of over 200 inmates, appointed by the Governor, subject to Senate confirmation.
(5) A county supervisor or county administrative officer. This member shall be appointed by the Governor, subject to Senate confirmation.
(6) A chief probation officer from a county with a population over 200,000, appointed by the Governor, subject to Senate confirmation.
(7) A chief probation officer from a county with a population under 200,000, appointed by the Governor, subject to Senate confirmation.
(8) A judge appointed by the Judicial Council of California.
(9) A chief of police, appointed by the Governor, subject to Senate confirmation.
(10) A community provider of rehabilitative treatment or services for adult offenders, appointed by the Speaker of the Assembly.
(11) A community provider or advocate with expertise in effective programs, policies, and treatment of at-risk at-promise youth and juvenile offenders, appointed by the Senate Committee on Rules.
(12) A public member, appointed by the Governor, subject to Senate confirmation.
(b) Commencing July 1, 2013, the Board of State and Community Corrections shall be composed of 13 members, as follows:
(1) The Chair of the Board of State and Community Corrections, who shall be appointed by the Governor, subject to Senate confirmation.
(2) The Secretary of the Department of Corrections and Rehabilitation.
(3) The Director of the Division of Adult Parole Operations for the Department of Corrections and Rehabilitation.
(4) The individuals listed in paragraphs (3) to (12), inclusive, of subdivision (a), who shall serve or continue to serve terms as provided in subdivision (d).
(c) The Chair of the Board of State and Community Corrections shall serve full time.
(d) The terms of the members appointed by the Governor shall expire as follows: three on July 1, 2014, and four on July 1, 2015, as specified by the Governor. The term of the member appointed by the Senate Committee on Rules shall expire on July 1, 2014. The term of the member appointed by the Speaker of the Assembly shall expire on July 1, 2015. The term of the member appointed by the Judicial Council shall expire on July 1, 2015. Successor members shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. Any appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Members are eligible for reappointment.
(e) The board shall select a vice chairperson from among its members, who shall be either a chief probation officer or a sheriff. Seven members of the board shall constitute a quorum.
(f) When the board is hearing charges against any member, the individual concerned shall not sit as a member of the board for the period of hearing of charges and the determination of recommendations to the Governor.
(g) If any appointed member is not in attendance for three meetings in any calendar year, the board shall inform the appointing authority, which may remove that member and make a new appointment, as provided in this section, for the remainder of the term.

SEC. 25.

 Section 6027 of the Penal Code is amended to read:

6027.
 (a) It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions.
(b) Consistent with subdivision (c) of Section 6024, the board shall also:
(1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state.
(2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board.
(3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts:
(A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties.
(B) A county sheriff, selected after conferring with the California State Sheriffs’ Association.
(C) A chief probation officer, selected after conferring with the Chief Probation Officers of California.
(D) A district attorney, selected after conferring with the California District Attorneys Association.
(E) A public defender, selected after conferring with the California Public Defenders Association.
(F) The Secretary of the Department of Corrections and Rehabilitation.
(G) A representative from the Administrative Office of the Courts.
(H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system.
(I) A representative from a nonprofit agency providing comprehensive reentry services.
(4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts.
(5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board.
(6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates.
(7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention.
(8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-risk at-promise youth, and maximize the impact of state funds at the local level.
(9) Conduct evaluation studies of the programs and activities assisted by the federal acts.
(10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention.
(11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. Commencing January 1, 2013, and annually thereafter, the board shall collect and analyze available data regarding the implementation of the local plans and other outcome-based measures, as defined by the board in consultation with the Administrative Office of the Courts, the Chief Probation Officers of California, and the California State Sheriffs’ Association. By July 1, 2013, and annually thereafter, the board shall provide to the Governor and the Legislature a report on the implementation of the plans described above.
(12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s Internet Web site. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible.
(c) The board may do either of the following:
(1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state.
(2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants.
(d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code.

SEC. 26.

 Section 13825.2 of the Penal Code is amended to read:

13825.2.
 (a) The California Gang, Crime, and Violence Prevention Partnership Program shall be administered by the Department of Justice for the purposes of reducing gang, criminal activity, and youth violence to the extent authorized pursuant to this chapter in communities with a high incidence of gang violence, including, but not limited to, the communities of Fresno, Glendale, Long Beach, Los Angeles, Oakland, Riverside, Santa Ana, Santa Cruz, San Bernardino, San Diego, San Jose, San Francisco, San Mateo, Santa Monica, and Venice. The department shall also consider communities that meet any one of the following criteria:
(1) An at-risk at-promise youth population, as defined in subdivision (c) (d) of Section 13825.4, that is significantly disproportionate to the general youth population of that community.
(2) A juvenile arrest rate that is significantly disproportionate to the general youth population of that community.
(3) Significant juvenile gang problems or a high number of juvenile gang-affiliated acts of violence.
(b) All state and local juvenile detention facilities, including, but not limited to, facilities, juvenile halls, youth ranches, and youth camps of the Department of the Youth Authority, Division of Juvenile Justice, shall also be considered eligible to receive services through community-based organizations or nonprofit agencies that are operating programs funded under this chapter.

SEC. 27.

 Section 13825.4 of the Penal Code is amended to read:

13825.4.
 (a) Community-based organizations and nonprofit agencies that receive funds under this chapter shall utilize the funds to provide services and activities designed to prevent or deter at-risk at-promise youth from participating in gangs, criminal activity, or violent behavior.

(a)

(b) These prevention and intervention efforts shall include, but not be limited to, any of the following:
(1) Services and activities designed to do any of the following:
(A) Teach alternative methods for resolving conflicts and responding to violence, drugs, and crime.
(B) Develop positive and life-affirming attitudes and behaviors.
(C) Build self-esteem.
(2) Recreational, educational or cultural activities.
(3) Counseling or mentoring services.
(4) Economic development activities.

(b)

(c) (1) Funds allocated under this chapter may not be used for services or activities related to suppression, law enforcement, incarceration, or other purposes not related to the prevention and deterrence of gangs, crime, and violence.

Nothing

(2) Nothing in this paragraph section shall prevent funds allocated under this chapter from being used for violence prevention and gang crime deterrence services provided by community-based organizations and nonprofit agencies to youths incarcerated in juvenile detention facilities.

(c)

(d) Services and activities provided with funds under this chapter shall be used for at-risk at-promise youth who are defined as persons from age 5 to 20 years of age and who fall into one or more of the following categories:
(1) Live in a high-crime or high-violence neighborhood as identified by local or federal law enforcement agencies.
(2) Live in a low-economic neighborhood as identified by the U.S. Census or come from an impoverished family.
(3) Are excessively absent from school or are doing poorly in school as identified by personnel from the youth’s school.
(4) Come from a socially dysfunctional family as identified by local or state social service agencies.
(5) Have had one or more contacts with the police.
(6) Have entered the juvenile justice system.
(7) Are identified by the juvenile justice system as being at risk.
(8) Are current or former gang members.
(9) Have one or more family members living at home who are current or former members of a gang.
(10) Are identified as wards of the court, as defined in Section 601 of the Welfare and Institutions Code.

(d)

(e) Except as provided in subdivision (e), (f), in carrying out a program of prevention and intervention services and activities with funds received under this chapter, community-based organizations and nonprofit agencies shall do all of the following:
(1) Collaborate with other local community-based organizations, nonprofit agencies or local agencies providing similar services, local schools, local law enforcement agencies, residents and families of the local community, private businesses in the local community, and charitable or religious organizations, for purposes of developing plans to provide a program of prevention and intervention services and activities with funds provided under this chapter.
(2) Identify other community-based organizations, nonprofit agencies, local agencies, and charitable or religious organizations in the local community that can serve as a resource in providing services and activities under this chapter.
(3) Follow the public health model approach in developing and carrying out a program to prevent, deter or reduce youth gangs, crime or violence by (A) identifying risk factors of the particular population to be targeted, (B) implementing protective factors to prevent or reduce gangs, crime or violence in the particular community to be serviced, and (C) designing community guidelines for prevention and intervention.
(4) Provide referral services to at-risk at-promise youth who are being served under this chapter to appropriate organizations and agencies where the community-based organization or nonprofit agency can readily identify a need for counseling, tutorial, family support, or other types of services.
(5) Provide the parents and family of the at-risk at-promise youth with support, information, and services to cope with the problems the at-risk at-promise youth, the parents, and the family are confronting.
(6) Involve members of the at-risk target population in the development, coordination, implementation, and evaluation of their program of services and activities.
(7) Objectively evaluate the effectiveness of their services and activities to determine changes in attitudes or behaviors of the at-risk at-promise youth being served under this chapter towards gangs, crime, and violence.

(e)

(f) Providers of programs that operate in juvenile detention facilities shall not be required to meet the criteria specified in paragraph (5) of subdivision (d) (e) for those programs offered only in those facilities.

SEC. 28.

 Section 13825.5 of the Penal Code is amended to read:

13825.5.
 To be eligible for funding under this chapter, community-based organizations and nonprofit agencies shall submit a request for funding proposal in compliance with this chapter to conduct a program that meets the requirements of Section 13825.4. The Department of Justice shall establish the minimum standards, funding schedules, and procedures for awarding grants that shall take into consideration, but not be limited to, all of the following:
(a) A demonstrated showing of at least two years of experience in administering a program providing prevention or prevention and intervention services that have positively affected the attitudes or behaviors of at-risk at-promise youth, as defined in this chapter, toward gangs, crime, or violence.
(b) New programs, services, or staff that would augment the existing programs, services, and activities already being provided the community-based organization or nonprofit agency.
(c) The size of the eligible at-risk at-promise youth population that would be served by the community-based organization or nonprofit agency.
(d) The likelihood that the program will continue to operate after state grant funding ends.
(e) The ability of the community-based organization or nonprofit agency to objectively evaluate itself and a demonstrated showing of its plan to evaluate itself if funds are awarded. For purposes of this chapter, community-based organizations and nonprofit agencies do not include libraries, community service organizations, and city, county, and state-operated departments of parks and recreation.

SEC. 29.

 Section 13826.11 of the Penal Code is amended to read:

13826.11.
 (a) The Legislature hereby finds and declares the following:
(1) There is a greater threat to public safety resulting from gang- and drug-related activity in and near California’s inner cities.
(2) Young people, especially at-risk at-promise youth, are more vulnerable to gang- and drug-related activity during the potentially unsupervised hours between the end of school and the time their parents or guardians return home from work.
(3) Without local prevention and treatment efforts, hard drugs will continue to threaten and destroy families and communities in and near the inner cities. Drug-related violence may then escalate dramatically in every community, and thereby burden the criminal justice system to the point that it cannot function effectively.
(4) Los Angeles currently leads the nation in the number of gang members and gang sites, the consumption of drugs, the amount of drugs confiscated, drug-related violent crimes, and has the greatest number of young people between 6 and 18 years of age who are “at risk.”
(5) It is the intent of the Legislature that a pilot program, the “After School Alternative Program” (ASAP), be established and implemented within a specified Los Angeles community. This community program would utilize the public schools, businesses, and community facilities to provide supportive programs and activities to young people during the time between the end of school and the return home of their parents or guardians (from approximately 3 p.m. to 7 p.m.).

SEC. 30.

 Section 13864 of the Penal Code is amended to read:

13864.
 There is hereby created in the Office of Emergency Services the Comprehensive Alcohol and Drug Prevention Education component of the Suppression of Drug Abuse in Schools Program in public elementary schools in grades 4 to 6, inclusive. Notwithstanding Section 13861 or any other provision in this code, all Comprehensive Alcohol and Drug Prevention Education component funds made available to the Office of Emergency Services in accordance with the Classroom Instructional Improvement and Accountability Act shall be administered by and disbursed to county superintendents of schools in this state by the Director of Emergency Services. All applications for that funding shall be reviewed and evaluated by the Office of Emergency Services, in consultation with the State Department of Health Care Services and the State Department of Education.
(a) The Director of Emergency Services is authorized to allocate and award funds to county department superintendents of schools for allocation to individual school districts or to a consortium of two or more school districts. Applications funded under this section shall comply with the criteria, policies, and procedures established under subdivision (b) of this section.
(b) As a condition of eligibility for the funding described in this section, the school district or consortium of school districts shall have entered into an agreement with a local law enforcement agency to jointly implement a comprehensive alcohol and drug abuse prevention, intervention, and suppression program developed by the Office of Emergency Services, in consultation with the State Department of Health Care Services and the State Department of Education, containing all of the following components:
(1) A standardized age-appropriate curriculum designed for pupils in grades 4 to 6, inclusive, specifically tailored and sensitive to the socioeconomic and ethnic characteristics of the target pupil population. Although new curricula shall not be required to be developed, existing curricula may be modified and adapted to meet local needs. The elements of the standardized comprehensive alcohol and drug prevention education program curriculum shall be defined and approved by the Governor’s Policy Council on Drug and Alcohol Abuse, as established by Executive Order No. D-70-80.
(2) A planning process that includes assessment of the school district’s characteristics, resources, and the extent of problems related to juvenile drug abuse, and input from local law enforcement agencies.
(3) A school district governing board policy that provides for a coordinated intervention system that, at a minimum, includes procedures for identification, intervention, and referral of at-risk at-promise alcohol- and drug-involved youth, and identifies the roles and responsibilities of law enforcement, school personnel, parents, and pupils.
(4) Early intervention activities that include, but are not limited to, the identification of pupils who are high risk or have chronic drug abuse problems, assessment, and referral for appropriate services, including ongoing support services.
(5) Parent education programs to initiate and maintain parental involvement, with an emphasis for parents of at-risk pupils.
(6) Staff and in-service training programs, including both indepth training for the core team involved in providing program services and general awareness training for all school faculty and administrative, credentialed, and noncredentialed school personnel.
(7) In-service training programs for local law enforcement officers.
(8) School, law enforcement, and community involvement to ensure coordination of program services. Pursuant to that coordination, the school district or districts and other local agencies are encouraged to use a single community advisory committee or task force for drug, alcohol, and tobacco abuse prevention programs, as an alternative to the creation of a separate group for that purpose under each state or federally funded program.
(c) The application of the county superintendent of schools shall be submitted to the Office of Emergency Services. Funds made available to the Office of Emergency Services for allocation under this section are intended to enhance, but shall not supplant, local funds that would, in the absence of the Comprehensive Alcohol and Drug Prevention Education component, be made available to prevent, intervene in, or suppress drug abuse among schoolage children. For districts that are already implementing a comprehensive drug abuse prevention program for pupils in grades 4 to 6, inclusive, the county superintendent shall propose the use of the funds for drug prevention activities in school grades other than 4 to 6, inclusive, compatible with the program components of this section. The expenditure of funds for that alternative purpose shall be approved by the Director of Emergency Services.
(1) Unless otherwise authorized by the Office of Emergency Services, each county superintendent of schools shall be the fiscal agent for any Comprehensive Alcohol and Drug Prevention Education component award, and shall be responsible for ensuring that each school district within that county receives the allocation prescribed by the Office of Emergency Services. Each county superintendent shall develop a countywide plan that complies with program guidelines and procedures established by the Office of Emergency Services pursuant to subdivision (d). A maximum of 5 percent of the county’s allocation may be used for administrative costs associated with the project.
(2) Each county superintendent of schools shall establish and chair a local coordinating committee to assist the superintendent in developing and implementing a countywide implementation plan. This committee shall include the county drug administrator, law enforcement executives, school district governing board members and administrators, school faculty, parents, and drug prevention and intervention program executives selected by the superintendent and approved by the county board of supervisors.
(d) The Director of Emergency Services, in consultation with the State Department of Health Care Services and the State Department of Education, shall prepare and issue guidelines and procedures for the Comprehensive Alcohol and Drug Prevention Education component consistent with this section.
(e) The Comprehensive Alcohol and Drug Prevention Education component guidelines shall set forth the terms and conditions upon which the Office of Emergency Services is prepared to award grants of funds pursuant to this section. The guidelines shall not constitute rules, regulations, orders, or standards of general application.
(f) Funds awarded under the Comprehensive Alcohol and Drug Prevention Education Program shall not be subject to Section 10318 of the Public Contract Code.
(g) Funds available pursuant to Item 8100-111-001 and Provision 1 of Item 8100-001-001 of the Budget Act of 1989, or the successor provision of the appropriate Budget Act, shall be allocated to implement this section.
(h) The Director of Emergency Services shall collaborate, to the extent possible, with other state agencies that administer drug, alcohol, and tobacco abuse prevention education programs to streamline and simplify the process whereby local educational agencies apply for drug, alcohol, and tobacco education funding under this section and under other state and federal programs. The Office of Emergency Services, the State Department of Health Care Services, the State Department of Education, and other state agencies, to the extent possible, shall develop joint policies and collaborate planning in the administration of drug, alcohol, and tobacco abuse prevention education programs.

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