Bill Text: CA AB486 | 2021-2022 | Regular Session | Amended

California Assembly Bill 486 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Elementary and secondary education: omnibus bill.

Spectrum: Committee Bill

Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 666, Statutes of 2021. [AB486 Detail]

Download: California-2021-AB486-Amended.html

Amended IN Senate June 09, 2021

Amended IN Assembly April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 486

Introduced by Committee on Education (Assembly Members O’Donnell (Chair), Kiley (Vice Chair), Bennett, Megan Dahle, Lee, McCarty, and Quirk-Silva)

February 08, 2021

An act to amend Sections 1703, 1909, 12501, 14022.3, 17406, 19301, 19302, 19306, 19320, 19320.5, 19321, 19322, 19323, 19324, 19325, 19326, 19330, 33004, 33501, 35028, 35143, 35253, 41601, 41608, 41840, 41962, 41976, 42238.5, 42639, 44843, 45113, 45301, 49180, 49430.7, 49534, 49556, 51749.5, 51796, 51796.2, 51797, 52500.1, 52501, 52501.5, 52502, 52505, 52511, 52515, 52517, ~~52522.2,~~ 52523, 52540, 52552, 52570, 52572, 52610.5, 52616, 52616.4, 52616.18, 52653, 52656, 56333, and 84906 of, to amend the heading of Chapter 7 (commencing with Section 19300) of, and to amend the heading of Article 1 (commencing with Section 19300) of Chapter 7 of, Part 11 of Division 1 of Title 1 of, to repeal Sections 41976.2, 41976.5, 46190, 46192, 46300.4, 52510, 52512, 52513, 52516, 52518, 52519, 52520, 52522, 52522.2, 52525, 52541, 52542, 52543, 52544, 52553, 52554, 52556, 52571, 52614, 52615, 52616.2, 52616.5, 52616.16, 52616.17, 52616.19, 52616.20, 52616.21, 52616.24, and 52617 of, and to repeal Article 5 (commencing with Section 46351) of Chapter 3 of Part 26 of, to repeal Article 11.5 (commencing with Section 49565) of Chapter 9 of Part 27 of, and to repeal Article 2 (commencing with Section 52530) of Chapter 10 of Part 28 of, Division 4 of Title 2 of, the Education Code, and to amend Section 131052 of the Health and Safety Code, relating to elementary and secondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 486, as amended, Committee on Education. Elementary and secondary education: omnibus bill.

(1) Existing law establishes a system of public elementary and secondary education in this state. Under that system, various persons have specified duties and powers relating to the operation of elementary and secondary schools, including, among others, the Superintendent of Public Instruction, county superintendents of schools, county auditors, and city, district, deputy, associate, or assistant superintendents of schools.

This bill would replace gendered terms with nongendered terms and make various other nonsubstantive changes to provisions related to those persons.

(2) Existing law requires the governing board of a school district to adopt a resolution that, among other things: (A) declares its intention to enter into a lease or agreement relating to school property, (B) includes specified information about the property, and (C) fixes a time for a public meeting of the governing board of the school district at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board of the school district, as specified.

Existing law, notwithstanding the provision described above, authorizes the governing board of a school district to lease real property for a minimum rental of $1 per year if the instrument by which this property is leased requires the lessee to construct, or provide for the construction of, a building to be used by the school district and requires the title to the building to vest in the school district at the end of the lease.

Existing law, until July 1, 2022, requires the instrument created pursuant to these provisions to be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, as specified. Existing law authorizes a school district, for purposes of using preconstruction services, to enter into an instrument before written approval is obtained from the Department of General Services’ Division of the State Architect under specified circumstances. Existing law authorizes a school district to identify specific types of subcontractors required to be included in a proposal, and imposes specified other procedural requirements on awarding construction subcontracts of a certain value.

This bill would instead make the provisions described above inoperative on July 1, 2027, and would repeal them as of January 1, 2028.

(3) Existing law establishes the California State Library as a division within the State Department of Education. Existing law requires the State Librarian to be in charge of the California State Library. Existing law authorizes the State Librarian, among other things, to appoint assistants as necessary and to keep in order and repair the books and property of the California State Library. Existing law authorizes the department to contract with local entities within the state, agencies of the state, and agencies of the United States government for the purpose of providing library services and to establish and operate library service centers.

This bill would revise various provisions pertaining to the California State Library and the powers and duties of the State Librarian. Among other revisions, the bill would instead authorize the State Librarian to appoint or employ civil service personnel as necessary for the purposes of carrying out these provisions and to purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards. The bill would authorize the State Librarian to digitally preserve books and other physical materials and to provide a digital platform to expand access to the California State Library’s collection. The bill would establish the California State Library as an agency in state government. The bill would transfer authorization from the department to the State Librarian to contract with local entities within the state, agencies of the state, and agencies of the United States government for the purpose of providing library services and to establish and operate library service centers. The bill would authorize the State Librarian to consider for rendering into embossed braille any print books and other materials excluding textbooks and to authorize these books and materials to be placed in the California State Library’s circulation for use by all patrons with print disabilities.

(4) Existing law requires the governing board of a school district to prescribe written rules and regulations governing the personnel management of the classified service, whereby classified service employees are designated as permanent employees after serving a prescribed period of probation not to exceed 6 months or 130 days of paid service, whichever is longer. In a school district that has ~~donated~~ adopted a merit system, existing law authorizes the personnel commission to establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes.

This bill would require, in order to receive permanent classified service status, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to serve in a probationary status for not less than one year from their date of appointment to that full-time position.

(5) Existing law requires the governing board of each school district to hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, existing law requires the annual organizational meeting to be held on a day within a 15-day period that commences with the date upon which a governing board member elected at that election takes office. Existing law requires the annual organizational meeting in years in which no such regular election for governing board members is conducted to be held during the same 15-day period on the calendar. Existing law requires the day and time of the annual meeting to be selected by the board at its regular meeting held immediately before the first day of such 15-day period.

This bill would instead require, in a year in which a regular election for governing board members is conducted, the annual organizational meeting to be held on a day within a 15-day period that commences with the 2nd Friday in December following the regular election, require the annual organizational meeting in years in which no such regular election for governing board members is conducted to be held on any date in December before December 21, and require, in a year in which a regular election for governing board members is conducted, the day and time of the annual organizational meeting to be selected by the board at its regular meeting held immediately before the first day of such 15-day period or, in a year in which no regular election for governing board members is conducted, by the board at its last regular meeting held immediately before the annual organizational meeting.

(6) Existing law requires the governing board of a school district to report to the Superintendent of Public Instruction during each fiscal year the average daily attendance of the school district for all full school months, and describes the period from July 1 to December 31, inclusive, as the “first period” report for the first principal apportionment and the period from July 1 to April 15, inclusive, as the “2nd period” report for the 2nd principal apportionment. Existing law requires a county superintendent of schools to report the average daily attendance for the school and classes maintained by the county superintendent and the average daily attendance for the county school tuition fund. Existing law requires the days of attendance in classes for adults and regional occupational centers programs to be reported in the same manner as all other attendance under these provisions and prescribes a formula for calculating average daily attendance for those schools and classes.

This bill would instead require the ~~hours~~ days of attendance in classes for adults in correctional facilities to be ~~reported, and would repeal the formula for calculating average daily attendance for those schools and classes.~~ reported in the same manner as all other attendance under those provisions and under that prescribed formula. The bill would make other changes and repeal several laws relating to the calculation of average daily attendance in classes, courses, and programs for adults.

(7) As a condition of receipt of reimbursement for free and reduced-price meals, existing law requires a local educational agency to comply with specified nutrition-related prohibitions and requirements.

This bill would update a cross-reference to require, as a condition of receipt of certain reimbursement for free and reduced-price meals, a local educational agency to comply with those nutrition-related prohibitions and requirements.

(8) Existing law requires the State Department of Education to formulate the basic elements of nutrition education programs for child nutrition entities participating in nutrition education programs. Existing law requires these programs to coordinate classroom instruction with the food service program and to be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education. Existing law requires nutrition education programs to be maintained on a project approval basis, requires the State Board of Education to establish rules and regulations for nutrition education projects, and requires the state board to approve projects upon recommendation of the department.

The bill would instead authorize the department to formulate the basic elements of those nutrition education programs for child nutrition entities participating in nutrition education programs. The bill would instead authorize nutrition education programs to coordinate classroom instruction with the food service program and to be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education. The bill would instead authorize nutrition education programs to be maintained on a project approval basis. The bill would instead authorize the state board to establish rules and regulations for nutrition education projects. The bill would no longer require the state board to approve nutrition education projects upon recommendation of the department.

(9) Existing law requires a school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, as provided. Existing law requires the Superintendent of Public Instruction to supervise the implementation of these and other provisions relating to meals for needy pupils and to investigate acts of alleged noncompliance. If the Superintendent finds noncompliance, existing law requires the Superintendent to certify the noncompliance to the Attorney General. Existing law requires the Attorney General to conduct an investigation as may be necessary to document the noncompliance. Existing law requires the Attorney General to seek injunctive relief to secure compliance when the action is requested by the Superintendent.

If the Superintendent finds that a school district or county superintendent of schools is noncompliant with those provisions relating to meals for needy pupils, this bill would instead require the Superintendent to certify the noncompliance and conduct an investigation as may be necessary to document the noncompliance. The bill would require the Superintendent, in the Superintendent’s discretion, to seek injunctive relief to secure compliance.

(10) Existing law establishes the Instructional School Gardens Program for the promotion, creation, and support of instructional school gardens. Under existing law, a school district, charter school, or county office of education may apply to the Superintendent of Public Instruction for funding for a 3-year grant to develop and maintain an instructional school garden. Existing law requires the Superintendent to convene an interagency working group on instructional school gardens, as specified, and requires the working group to advise the Superintendent, as provided. Existing law requires the California Integrated Waste Management Board to give preferential consideration to providing an appropriate level of funding to the Instructional School Gardens Program.

This bill would instead make these requirements of the Superintendent, the working group, and the California Integrated Waste Management Board under the Instructional School Gardens Program optional.

(11) Existing law establishes, within the State Department of Education, the California Fresh Start Pilot Program, to encourage public schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide fruits and vegetables to pupils, and to promote the consumption of nutritious fruits and vegetables by schoolage children, as provided.

This bill would repeal the California Fresh State Pilot Program.

(12) Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund. These classes and courses include, among others: (A) adult programs in parenting and classes in child growth and development, parent child relationships, and parenting, (B) adult programs in elementary and secondary basic skills and other courses and classes required for a high school diploma, (C) adult education programs in English as a 2nd language, (D) adult education programs for immigrants who are eligible for educational services in citizenship, English as a 2nd language, and workforce preparation classes in certain basic skills and other classes required for preparation to participate in job specific technical training, (E) adult education programs for older adults, (F) adult programs in home economics, and (G) adult programs in health and safety education. Existing law prohibits state apportionment from the adult education fund from being made for any other courses or classes.

This bill would instead authorize, for purposes of apportionments from the adult education fund, (A) programs for adults in elementary and secondary basic skills, including programs leading to a high school diploma or a high school equivalency certificate, (B) programs for adult immigrants who are eligible for educational services in citizenship, English as a 2nd language, immigrant integration, and workforce preparation, and (C) programs for adults, including, but not limited to, older adults that are primarily related to entry or reentry into the workforce or primarily designed to develop knowledge and skills to assist and support elementary and secondary school children to succeed academically in school. This bill would make other changes to, and repeal several laws governing, adult education programs, courses, and classes.

(13) Existing law requires a pupil to be assessed as having a language or speech disorder that makes the pupil eligible for special education and related services. To be eligible for special education and related services, existing law requires a language, speech, and hearing specialist to assess and determine that a pupil’s difficulty in understanding or using spoken language results from articulation disorders, abnormal voice, fluency difficulties, inappropriate or inadequate acquisition, comprehension, or expression of spoken language, or hearing loss.

This bill would instead require a speech-language pathologist to determine that a pupil’s difficulty in understanding or using ~~spoken~~ language results from speech sound disorder, voice disorder, fluency disorder, language disorder, or hearing impairment or deafness.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 1703 of the Education Code is amended to read:

1703.

The county superintendent of schools may, with the approval of the county board of education and in accordance with regulations of the Superintendent that the Superintendent is authorized to adopt, employ qualified personnel to provide for the coordination of courses of study, guidance services, health services, school library services, special education, and attendance activities among the school districts under the county superintendent’s jurisdiction. The regulations of the Superintendent adopted pursuant to this section shall be adopted with the advice of an advisory committee to include county superintendents of schools, which the Superintendent may by this provision appoint.

SEC. 2.

Section 1909 of the Education Code is amended to read:

1909.

(a) From funds appropriated for allocation pursuant to Sections 2558 and 41841.5, for each county superintendent of schools who maintained schools or classes for adults in correctional facilities in the 1981–82 fiscal year pursuant to Section 1906, and who continues to maintain those schools or classes in each fiscal year thereafter, the Superintendent shall allow in the 1982–83 fiscal year and each fiscal year thereafter, an amount equal to the actual current expenses of the program, but not to exceed an amount determined as follows:

(1) Compute the prior year statewide average local control funding formula per unit of average daily attendance for adults, increased by a relevant cost-of-living allowance prescribed in the annual Budget Act.

(2) Multiply the amount computed in paragraph (1) by the average daily attendance of the schools or classes in the current fiscal year.

(3) Multiply the product determined in paragraph (2) for each fiscal year by 0.8.

(b) Notwithstanding subdivision (a), for the 1993–94 and 1994–95 fiscal years, in no event shall the amount allowed to a county superintendent of schools for each unit of average daily attendance pursuant to that subdivision exceed the statewide average revenue limit at which adults in correctional facilities were funded in the 1992–93 fiscal year, as adjusted by any cost-of-living adjustment pursuant to Section 42238.1.

SEC. 3.

Section 12501 of the Education Code is amended to read:

12501.

The “designated state official” for this state shall be the Superintendent. The Superintendent shall enter into contracts pursuant to Article III of the agreement only with the approval of the specific text of the contract by the state board.

SEC. 4.

Section 14022.3 of the Education Code is amended to read:

14022.3.

(a) For purposes of calculating “increases in enrollment” pursuant to paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, the term “enrollment” for school districts, community college districts, and state agencies providing direct elementary and secondary level instructional services means the sum of the following:

(1) Second principal apportionment regular average daily attendance for kindergarten and grades 1 to 12, inclusive, as defined in subdivision (b) of Section 42238.5, and as adjusted for any average daily attendance audit findings.

(2) Annual average daily attendance for county offices of education, as calculated pursuant to subdivision (b) of Section 41601, and as adjusted for any average daily attendance audit findings.

(b) Any determination or computation of enrollment for purposes of this section shall be based upon actual data from prior years. For the next succeeding year, any determination or computation of enrollment for purposes of this section shall be the estimated enrollment, adjusted as actual data become available.

SEC. 5.

Section 17406 of the Education Code, as amended by Section 2 of Chapter 521 of the Statutes of 2016, is amended to read:

17406.

(a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.

(2) An instrument created pursuant to paragraph (1) shall be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Before awarding an instrument pursuant to this section, the governing board of the school district shall adopt and publish required procedures and guidelines for evaluating the qualifications of proposers that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall be mandatory for the school district when awarding an instrument pursuant to this section. The required procedures shall include, at a minimum, the following:

(A) The school district shall prepare a request for sealed proposals from qualified proposers. The school district shall include in the request for sealed proposals an estimate of price of the project, a clear, precise description of any preconstruction services that may be required and the facilities to be constructed, the key elements of the instrument to be awarded, a description of the format that proposals shall follow and the elements they shall contain, the standards the school district will use in evaluating proposals, the date on which proposals are due, and the timetable the school district will follow in reviewing and evaluating proposals.

(B) The school district shall give notice of the request for sealed proposals in the manner of notice provided in Section 20112 of the Public Contract Code and in a trade paper of general circulation published in the county where the project is located, with the latest notice published at least 10 days before the date for receipt of the proposals.

(C) A proposer shall be prequalified in accordance with subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code in order to submit a proposal. If used, electrical, mechanical, and plumbing subcontractors shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. These prequalification requirements shall be included in an instrument created pursuant to paragraph (1).

(D) The request for sealed proposals shall identify all criteria that the school district will consider in evaluating the proposals and qualifications of the proposers, including relevant experience, safety record, price proposal, and other factors specified by the school district. The price proposal shall include, at the school district’s discretion, either a lump-sum price for the instrument to be awarded or the proposer’s proposed fee to perform the services requested, including the proposer’s proposed fee to perform preconstruction services or any other work related to the facilities to be constructed, as requested by the school district. The request for proposals shall specify whether each criterion will be evaluated pass-fail or will be scored as part of the best value score, and whether proposers must achieve any minimum qualification score for award of the instrument under this section.

(E) For each scored criterion, the school district shall identify the methodology and rating or weighting system that will be used by the school district in evaluating the criterion, including the weight assigned to the criterion and any minimum acceptable score.

(F) Proposals shall be evaluated and the instrument awarded under this section in the following manner:

(i) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for sealed proposals.

(ii) The school district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the school district.

(iii) The award of the instrument shall be made by the governing board of the school district to the responsive proposer whose proposal is determined, in writing by the governing board of the school district, to be the best value to the school district.

(iv) If the selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the second highest best value score if the governing board of the school district deems it to be for the best interest of the school district. If the second selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the third highest best value score if the governing board of the school district deems it to be for the best interest of the school district.

(v) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the school district’s contract award and the contract file shall provide sufficient information to satisfy an external audit.

(G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals.

(3) Following the award of an instrument created pursuant to paragraph (1), and if the price proposal is not a lump sum for the instrument awarded, the successful proposer shall provide the school district with objectively verifiable information of its costs to perform the services requested under the instrument and shall select subcontractors as set forth in paragraph (4). Once any preconstruction services are completed and subcontractors are selected, and upon approval of the plans and specifications for work on the site by the Department of General Services’ Division of the State Architect, if required, the successful proposer and the school district shall finalize the price for the services to be provided under the instrument. The successful proposer shall provide the school district with written rationale for the price, and the school district shall approve or reject the final price at a public meeting before the successful proposer may proceed with any further work under the instrument. The contract file shall include documentation sufficient to support the final price determination.

(4) (A) The school district, in the request for sealed proposals, may identify specific types of subcontractors that must be included in the proposal. All subcontractors that are identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).

(B) Following the award of an instrument created pursuant to paragraph (1) and for subcontractors not identified in the proposal, the successful proposer shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the price allocable to construction work:

(i) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due.

(ii) Establish reasonable qualification criteria and standards.

(iii) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process shall not apply to subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code).

(5) Paragraph (2) shall not preclude a school district from segregating the request for proposals into a request for qualifications, followed by a request for proposals with price information from the proposers deemed most qualified by the school district, provided that the procedures specified in paragraphs (2), (3), and (4) are otherwise followed.

(b) (1) Notwithstanding Sections 17297 and 17402, for purposes of using preconstruction services, a school district may enter into an instrument created pursuant to paragraph (1) of subdivision (a) before written approval by the Department of General Services’ Division of the State Architect only if the instrument provides that no work for which a contractor is required to be licensed in accordance with Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code and for which Division of the State Architect approval is required can be performed before receipt of the required Division of the State Architect approval.

(2) This subdivision does not waive the requirements of Section 17072.30 or Section 17074.16, or any other applicable requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10.

(c) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.

(d) (1) This subdivision shall apply to a project for the construction, alteration, repair, or improvement of any structure, building, or other improvement of any kind that was leased through an instrument pursuant to this section before July 1, 2015. If at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the competitive bidding exception pursuant to paragraph (1) of subdivision (a), as it read on December 31, 2016, the contractor who entered into the instrument with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination that the instrument is invalid if all of the following conditions, as determined by the court, are met:

(A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid.

(B) The school district has reasonably determined that the work performed is satisfactory.

(D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement.

(2) In no event shall payment to the contractor pursuant to this section exceed either of the following:

(A) The contractor’s costs as included in the instrument plus the cost of any approved change orders.

(B) The lease payments made, less profit, at the point in time the instrument is determined to be invalid by a court of competent jurisdiction.

(3) Notwithstanding paragraph (1), this subdivision shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure.

(e) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2028, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 6.

Section 17406 of the Education Code, as amended by Section 3 of Chapter 521 of the Statutes of 2016, is amended to read:

17406.

(a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district.

(b) Any rental of property that complies with subdivision (a) shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution.

SEC. 7.

The heading of Chapter 7 (commencing with Section 19300) of Part 11 of Division 1 of Title 1 of the Education Code is amended to read:

CHAPTER 7. California State Library

SEC. 8.

The heading of Article 1 (commencing with Section 19300) of Chapter 7 of Part 11 of Division 1 of Title 1 of the Education Code is amended to read:

Article 1. General Provisions

SEC. 9.

Section 19301 of the Education Code is amended to read:

19301.

There is in the state government an agency known as the California State Library.

SEC. 10.

Section 19302 of the Education Code is amended to read:

19302.

The California State Library is under the control of an executive who shall be a technically trained librarian and shall be known as the “State Librarian.”

SEC. 11.

Section 19306 of the Education Code is amended to read:

19306.

The State Librarian shall nominate a Deputy State Librarian to be appointed by, and hold office at the pleasure of, the Governor.

SEC. 12.

Section 19320 of the Education Code is amended to read:

19320.

The State Librarian may do all of the following:

(a) Make rules and regulations, not inconsistent with law, for the government of the California State Library.

(b) Appoint or employ civil service personnel as necessary to carry out the purposes of this chapter.

(d) Purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards.

(e) Prescribe rules and regulations permitting persons other than Members of the Legislature and other state officers to have the use of books from the California State Library.

(f) Collect and preserve statistics and other information pertaining to libraries, which shall be available to other libraries within the state applying for the information.

(g) Establish, in the State Librarian’s discretion, deposit stations in various parts of the state, under the control of an officer or employee of the California State Library. A book shall not be kept permanently away from the main library, which may be required for official use. Books and other materials from public libraries and other cultural heritage institutions of the state may be accepted for deposit, under agreements entered into by the State Librarian and the libraries or institutions concerned, whereby materials that should be preserved but are rarely used in the region may be stored and made available for use under the same conditions that apply to materials in the California State Library. Cultural heritage institutions include, but are not limited to, archives, galleries, historical societies, libraries, museums, and tribal nations.

(h) Collect, preserve, and disseminate information regarding the history of the state, including materials that represent the stories of Californians in an equal, diverse, and inclusive manner.

(i) Authorize the California State Library to serve as regional library for the blind and print disabled, in cooperation with the Library of Congress.

(j) Give advisory, consultive, and technical assistance with respect to public libraries to librarians and library authorities, and assist all other authorities, state and local, in assuming their full responsibility for library services.

(k) Authorize the California State Library to serve as the central reference and research library for the departments of state government and maintain adequate legislative reference and research library services for the Legislature, and to maintain and make accessible, through digital or physical means, the publications created by state government.

(l) Acquire, ~~organize~~ organize, and supply books and other library informational and reference materials to supplement the collections of other public libraries of the state with the more technical, ~~scientific~~ scientific, and scholarly works, to the end that through an established interlibrary loan system, the people of the state shall have access to the full range of reference and informational materials.

(m) Make studies and surveys of public library needs and adopt rules and regulations for the allocation of federal funds to public libraries.

(n) Contract, at the State Librarian’s discretion, with other public libraries in the state to give public services of the types referred to in subdivisions (g) and (l), when service by contract appears to be a needed supplement to the facilities and services carried on directly by the California State Library.

(o) Digitally preserve books and other physical materials and provide a digital platform to expand access to the California State Library’s collection.

SEC. 13.

Section 19320.5 of the Education Code is amended to read:

19320.5.

The State Librarian may employ consultants to provide technical assistance to public libraries in the development and enhancement of library services.

SEC. 14.

Section 19321 of the Education Code is amended to read:

19321.

The State Librarian shall also do all of the following:

(a) Purchase books, maps, engravings, paintings, furniture, and other materials and equipment necessary to carry out California State Library programs and services.

(b) Number and stamp all books and maps belonging to the library, or otherwise indicate ownership of them, and keep a catalog thereof.

(d) Keep a register of all books taken from the library.

SEC. 15.

Section 19322 of the Education Code is amended to read:

19322.

The State Librarian may do both of the following:

(a) Contract directly with counties, cities, or districts within this state, agencies of the state, and agencies of the United States government for the purpose of providing library services.

(b) Establish and operate library service centers.

SEC. 16.

Section 19323 of the Education Code is amended to read:

19323.

The State Librarian shall make available in the state on a loan basis to blind or print disabled persons, or to persons with a disability that prevents them from reading conventional printed materials, audio recordings of books and other related materials. The materials to be made into audio recordings shall be selected by the California State Library on the same basis as the California State Library’s collection development plan, which shall be posted on the California State Library’s internet website.

SEC. 17.

Section 19324 of the Education Code is amended to read:

19324.

The State Librarian may consider for rendering into embossed braille any print books and other materials, excluding textbooks, requested by an eligible patron with print disabilities. Consideration of the patron’s request shall be dependent upon available staffing, resources, and technical proficiency at the time of the request. Books and other materials rendered into embossed braille pursuant to this section may be placed in the California State Library’s circulating collection for use by all patrons with print disabilities.

SEC. 18.

Section 19325 of the Education Code is amended to read:

19325.

The State Librarian may provide the following:

(a) Toll-free and local telephone services for registered patrons of the federally designated regional libraries for the blind and print disabled, in order to enable those persons to have direct patron access to library services.

(b) Toll-free and local telephone access to telephonic reading systems for individuals with print disabilities who are registered patrons of the federally designated regional libraries for the blind and print disabled.

SEC. 19.

Section 19326 of the Education Code is amended to read:

19326.

(a) The State Librarian may annually award a gold medal for excellence in the humanities and science to an individual or organization for publication of a work that has enriched the collection of the California State Library and enriched the state by significantly contributing to the intellectual, cultural, and scientific knowledge of the people of the state.

(b) The award shall formally be known as the “California State Library Gold Medal for Excellence in the Humanities and Science.”

(c) To assist in making the selection of a recipient of the California State Library Gold Medal for Excellence in the Humanities and Science, the State Librarian shall consult an advisory panel consisting of one representative from each of the following:

(1) The Governor.

(2) The President pro Tempore of the Senate.

(3) The Speaker of the Assembly.

(4) The Chief Justice of the California Supreme Court.

(d) The State Librarian ~~is authorized to~~ may seek private contributions to defray the cost of awarding the California State Library Gold Medal for Excellence in the Humanities and Science and related expenses.

SEC. 20.

Section 19330 of the Education Code is amended to read:

19330.

Books may be taken from the California State Library by the Members of the Legislature and by other state officers during regular office hours.

SEC. 21.

Section 33004 of the Education Code is amended to read:

33004.

The Superintendent shall be secretary and shall act as executive officer of the state board. The Superintendent shall have charge of all its correspondence and shall keep a record of its proceedings.

SEC. 22.

Section 33501 of the Education Code is amended to read:

33501.

The following definitions apply to educational advisory bodies created by this chapter:

(a) An “educational policy advisory commission” is an advisory body to the state board composed of professional and lay members, as defined by this code. These groups are established to advise the state board within the general policy areas to which they are charged. The Superintendent or the Superintendent’s representative shall serve as executive secretary to each educational policy advisory commission.

(b) An “educational advisory committee” is an advisory body to the Superintendent composed of any combination of educational specialists, technical experts, or specially qualified members of the public that is established to advise the Superintendent on the administration of programs with which the Superintendent is charged, and serves at the Superintendent’s pleasure.

SEC. 23.

Section 35028 of the Education Code is amended to read:

35028.

A person shall not be eligible to hold a position as city superintendent, district superintendent, deputy superintendent, associate superintendent, or assistant superintendent of schools unless the person is the holder of both a valid school administration certificate and a valid teacher’s certificate, unless the person is employed as a deputy, associate, or assistant superintendent in a purely clerical capacity.

SEC. 24.

Section 35143 of the Education Code is amended to read:

35143.

(a) The governing board of each school district shall hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, the meeting shall be held on a day within a 15-day period that commences with the second Friday in December following the regular election. Organizational meetings in years in which no such regular election for governing board members is conducted shall be held on any date in December, but no later than December 20. Unless otherwise provided by rule of the governing board, the day and time of the annual meeting shall be selected, in a year in which a regular election for governing board members is conducted, by the board at its regular meeting held immediately before the first day of such 15-day period, or in a year in which no such regular election for governing board members is conducted, by the board at its last regular meeting held immediately before the organizational meeting. The board shall notify the county superintendent of schools of the day and time selected. The clerk of the board shall, within 15 days before the date of the annual meeting, notify in writing all members and members-elect of the date and time selected for the meeting.

(b) If the board fails to select a day and time for the meeting, the county superintendent of schools having jurisdiction over the district shall, before the first day of such 15-day period and after the regular meeting of the board held immediately before the first day of such 15-day period, designate the day and time of the annual meeting. The day designated shall be within the 15-day period. The county superintendent of schools shall notify in writing all members and members-elect of the date and time.

(c) At the annual meeting the governing board of each high school district, union high school district, and joint union high school district shall organize by electing a president from its members and a clerk.

(d) At the annual meeting each city board of education shall organize by electing a president from its members.

(e) At the annual meeting the governing board of each other type of school district, except a community college district, shall elect one of its members clerk of the district.

(f) As an alternative to the procedures set forth in this section, a city board of education whose members are elected in accordance with a city charter for terms of office commencing in December, may hold its annual organizational meeting required in this section between December 15 and January 14, inclusive, as provided in rules and regulations ~~which~~ that shall be adopted by such board. At the annual meeting the city board of education shall organize by electing a president and vice president from its members who shall serve in such office during the period January 15 next to the following January 14, unless removed from such office by majority vote of all members of the city board of education.

SEC. 25.

Section 35253 of the Education Code is amended to read:

35253.

Whenever the destruction of records of a school district is not otherwise authorized or provided for by law, the governing board of the district may destroy those records of the school district in accordance with regulations of the Superintendent that the Superintendent may by this provision adopt.

SEC. 26.

Section 41601 of the Education Code is amended to read:

41601.

For purposes of this chapter, the governing board of each school district shall report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months during (1) the period between July 1 and December 31, inclusive, to be known as the “first period” report for the first principal apportionment, and (2) the period between July 1 and April 15, inclusive, to be known as the “second period” report for the second principal apportionment. Each county superintendent of schools shall report the average daily attendance for the schools and classes maintained by the county superintendent of schools and the average daily attendance for the county school tuition fund. Each report shall be prepared in accordance with instructions on forms prescribed and furnished by the Superintendent. Average daily attendance shall be computed in the following manner:

(a) The average daily attendance in the regular elementary, middle, and high schools, including continuation schools and classes, opportunity schools and classes, and special day classes, maintained by the school districts shall be determined by dividing the total number of days of attendance allowed in all full school months in each period by the number of days the schools are actually taught in all full school months in each period, excluding Saturdays or Sundays and excluding weekend makeup classes pursuant to Section 37223.

(b) The attendance for schools and classes maintained by a county superintendent of schools and the county school tuition fund shall be reported in the same manner as reported by school districts. The average daily attendance in special education classes operated by county superintendents of schools shall be determined in the same manner as all other attendance under subdivision (a). The average daily attendance in all other schools and classes maintained by the county superintendents of schools shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 70, in the second period by ~~135~~ 135, and at annual time by 175. For attendance in special classes and centers pursuant to Section 56364 or Section 56364.2, as applicable, the average daily attendance shall be reported by the county superintendents of schools, but credited for local control funding formula purposes to the school district in which the pupil resides.

(c) The ~~hours~~ days of attendance in classes for adults in correctional facilities shall be ~~reported.~~ reported in the same manner as all other attendance under subdivision (a). The average daily attendance for adults in correctional facilities shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 85, in the second period by 135, and at annual time by 175.

SEC. 27.

Section 41608 of the Education Code is amended to read:

41608.

For purposes of computation of allowances and apportionments from the State School Fund, whenever computations of apportionments based on average daily attendance are made for high school districts only the attendance in all classes of grades 9 to 12, inclusive, and in all types of ungraded classes that have been reported as attached to, or as a part of, a school that maintains any of grades 9 to 12, inclusive, shall be included.

SEC. 28.

Section 41840 of the Education Code is amended to read:

41840.

A school district or county superintendent of schools may only claim average daily attendance for apportionment purposes for schools or classes maintained for adults in correctional facilities if those classes meet the requirements of Section 41976.

SEC. 29.

Section 41962 of the Education Code is amended to read:

41962.

School districts may apply for severance aid as provided in this article on forms provided by the Superintendent, and in accordance with regulations that the Superintendent is authorized to adopt.

SEC. 30.

Section 41976 of the Education Code is amended to read:

41976.

For purposes of this chapter, the following classes and courses are authorized to be offered by school districts and county superintendents of schools for the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, apportionment purposes from the adult education fund:

(a) Programs for adults in elementary and secondary basic skills, including programs leading to a high school diploma or a high school equivalency certificate.

(b) Programs for adult immigrants who are eligible for educational services in citizenship, English as a second language, immigrant integration, and workforce preparation.

(c) Programs for adults, including, but not limited to, older adults, that are primarily related to entry or reentry into the workforce.

(d) Programs for adults, including, but not limited to, older adults, that are primarily designed to develop knowledge and skills to assist and support elementary and secondary school pupils to succeed academically in school.

(e) Programs for adults with disabilities.

(f) Programs for adults in career technical education that are short term in nature and have high employment potential.

(g) Programs for adults offering preapprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area.

SEC. 31.

Section 41976.2 of the Education Code is repealed.

SEC. 32.

Section 41976.5 of the Education Code is repealed.

SEC. 33.

Section 42238.5 of the Education Code is amended to read:

42238.5.

(a) For purposes of Section 42238, the fiscal year average daily attendance shall be computed pursuant to paragraph (1) or (2).

(1) The second principal apportionment regular average daily attendance for either the current or prior fiscal year, whichever is greater. However, prior fiscal year average daily attendance shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory.

(2) Any school district that elects to receive funding pursuant to Article 4 (commencing with Section 42280) shall compute its units of average daily attendance for purposes of Section 42238 by subtracting the amount determined in subparagraph (B) from the amount determined in subparagraph (A).

(A) The units of average daily attendance computed pursuant to paragraph (1).

(B) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280).

(b) For purposes of this article, regular average daily attendance shall be the base revenue limit average daily attendance, excluding summer school average daily attendance.

(c) For purposes of this section, for the 1998–99 fiscal year only, the prior year average daily attendance shall be the 1997–98 regular average daily attendance, excluding absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996.

(d) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution.

(e) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 34.

Section 42639 of the Education Code is amended to read:

42639.

(a) The county auditor may examine each order and requisition on school district funds transmitted to the auditor by the county superintendent of schools. If the auditor allows the order and requisition, the auditor shall endorse thereon “examined and allowed,” and shall date, number, and sign it, whereupon it shall become a warrant on the county treasurer. The auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number that the auditor gives the warrant, and file it in the auditor’s office. The auditor shall thereupon return the order, requisition, and warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to the payee’s order.

(b) A requisition of the county superintendent of schools, whether based upon written order of the governing board of a school district or authorized by law, shall constitute full authority for the signature for allowance of the requisition by the county auditor as a warrant on the county treasurer, and no other authority shall be necessary or required for such action by the county auditor.

(c) “Requisition,” as used in this section, includes any order or demand signed by the county superintendent of schools directing the county auditor to draw the auditor’s warrant on the county treasurer.

SEC. 35.

Section 44843 of the Education Code is amended to read:

44843.

The county superintendent of schools shall be given immediate notice in writing by the governing board of the school district of the employment of persons for positions requiring certification qualifications. The notice shall include, but not be limited to, such data as may be prescribed by the Superintendent, in regulations that the Superintendent may by this provision adopt.

SEC. 36.

Section 45113 of the Education Code is amended to read:

45113.

(a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school ~~district,~~ district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less that one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.

(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive.

(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employee’s right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.

(d) Disciplinary action shall not be taken for any cause that arose before the employee’s becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.

(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.

(f) (1) A governing board of a school district shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judge’s ruling shall be binding upon all parties.

(2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077.

(3) The term “representative of the respondent,” within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.

(g) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).

(h) To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement.

SEC. 37.

Section 45301 of the Education Code is amended to read:

45301.

(a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes. To receive permanent classified service status, each full-time peace officer and public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training shall serve in a probationary status for a period not less than one year from their date of appointment to that full-time position.

(b) A employee shall not attain permanent status in the classified service until the employee has completed a probationary period in a class. In any case the rules of the commission may provide for the exclusion of time while employees are on a leave of absence. The rights of appeal from disciplinary action before attainment of permanent status in the classified service shall be in accordance with the provisions of Section 45305.

SEC. 38.

Section 46190 of the Education Code is repealed.

SEC. 39.

Section 46192 of the Education Code is repealed.

SEC. 40.

Section 46300.4 of the Education Code is repealed.

SEC. 41.

Article 5 (commencing with Section 46351) of Chapter 3 of Part 26 of Division 4 of Title 2 of the Education Code is repealed.

SEC. 42.

Section 49180 of the Education Code is amended to read:

49180.

If upon inspection or investigation a supervisor of attendance, probation officer, or officer of the Superintendent determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, the Superintendent shall report the violation to the Labor Commissioner. The report shall be made within 48 hours, and shall be in writing, setting forth the fact that the Superintendent has good cause to believe that a statutory provision or rule or regulation is being violated by the person. Upon receipt of the report of violation, the Director of Industrial Relations shall make an inspection or investigation of the violation and shall take action as provided in Section 1287 of the Labor Code.

SEC. 43.

Section 49430.7 of the Education Code is amended to read:

49430.7.

(a) For purposes of this section, the following terms have the following meanings:

(1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1.

(2) “School” means a school operated and maintained by a school district or county office of education, or a charter school.

(3) “School district” means a school district, charter school, or county office of education.

(b) As a condition of receipt of state meal reimbursement funds pursuant to Article 10 (commencing with Section 49530), for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions:

(1) Follow the United States Department of Agriculture meal pattern.

(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district.

(3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving.

(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.

(c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines:

(1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern.

(2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program.

(4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit.

(d) As a condition of receipt of funds pursuant to Article 10 (commencing with Section 49530), schools and school districts shall provide the department with an annual certification of compliance with this section.

(e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute.

SEC. 44.

Section 49534 of the Education Code is amended to read:

49534.

(a) The department may formulate the basic elements of nutrition education programs for child nutrition entities participating in programs established under this article. Such programs may coordinate classroom instruction with the food service program and may be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education, including early childhood, elementary and secondary schools, special education classes and programs, and child development programs.

(b) Nutrition education programs may be maintained on a project approval basis. The state board may establish rules and regulations for nutrition education projects. County offices of education may apply for and receive funds on behalf of school districts under their jurisdiction in order to implement projects.

(c) Projects may include, but need not be limited to, innovative ways to coordinate the school meal service program with the nutrition education program; development of community resources for purposes of nutrition education; instructional programs for teachers, parents, food service employees; and training and usage of paraprofessionals to assist the instructional staff.

SEC. 45.

Section 49556 of the Education Code is amended to read:

49556.

The Superintendent shall supervise the implementation of this article and shall investigate acts of alleged noncompliance. If the Superintendent finds that a school district or county superintendent of schools has failed to comply with this article, the Superintendent shall certify the noncompliance. The Superintendent shall conduct an investigation as may be necessary to document the noncompliance. The Superintendent, in the Superintendent’s discretion, shall seek injunctive relief to secure compliance with this article.

SEC. 46.

Article 11.5 (commencing with Section 49565) of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code is repealed.

SEC. 47.

Section 51749.5 of the Education Code is amended to read:

51749.5.

(a) Notwithstanding any other law, and commencing with the 2015–16 school year, a school district, charter school, or county office of education may, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, provide independent study courses pursuant to the following conditions:

(1) The governing board or body of a participating school district, charter school, or county office of education adopts policies, at a public meeting, that comply with the requirements of this section and any applicable regulations adopted by the state board.

(2) A signed learning agreement is completed and on file pursuant to Section 51749.6.

(3) Courses are taught under the general supervision of certificated employees who hold the appropriate subject matter credential pursuant to Section 44300 or 44865, or subdivision (l) of Section 47605, and are employed by the school district, charter school, or county office of education at which the pupil is enrolled, or by a school district, charter school, or county office of education that has a memorandum of understanding to provide the instruction in coordination with the school district, charter school, or county office of education at which the pupil is enrolled.

(4) (A) Courses are annually certified, by school district, charter school, or county office of education governing board or body resolution, to be of the same rigor and educational quality as equivalent classroom-based courses, and shall be aligned to all relevant local and state content standards.

(B) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each schoolday that a pupil is enrolled, number of equivalent total instructional minutes, and number of course credits for each course. This information shall be consistent with that of equivalent classroom-based courses.

(5) Pupils enrolled in courses authorized by this section shall meet the applicable age requirements established pursuant to Sections 46300.1, 47612, and 47612.1.

(6) Pupils enrolled in courses authorized by this section shall meet the applicable residency and enrollment requirements established pursuant to Sections 46300.2, 47612, 48204, and 51747.3.

(7) (A) Certificated employees and each pupil shall communicate in person, by telephone, or by any other live visual or audio connection no less than twice per calendar month to assess whether each pupil is making satisfactory educational progress.

(B) For purposes of this section, satisfactory educational progress includes, but is not limited to, applicable statewide accountability measures and the completion of assignments, examinations, or other indicators that evidence that the pupil is working on assignments, learning required concepts, and progressing toward successful completion of the course, as determined by certificated employees providing instruction.

(C) If satisfactory educational progress is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether the pupil should be referred to an alternative program, which may include, but is not limited to, a regular school program. A written record of the findings of an evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school.

(D) Written or computer-based evidence of satisfactory educational progress, as defined in subparagraph (B), shall be retained for each course and pupil. At a minimum, this evidence shall include a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades.

(8) A proctor shall administer examinations.

(9) (A) Statewide testing results for pupils enrolled in any course authorized pursuant to this section shall be reported and assigned to the school or charter school at which the pupil is enrolled, and to any school district, charter school, or county office of education within which that school’s or charter school’s testing results are aggregated.

(B) Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses.

(10) A pupil shall not be required to enroll in courses authorized by this section.

(11) The pupil-to-certificated-employee ratio limitations established pursuant to Section 51745.6 ~~are applicable~~ apply to courses authorized by this section.

(12) For each pupil, the combined equivalent daily instructional minutes for enrolled courses authorized by this section and enrolled courses authorized by all other laws and regulations shall meet the minimum instructional day requirements applicable to the local educational agency. Pupils enrolled in courses authorized by this section shall be offered the minimum annual total equivalent instructional minutes pursuant to Sections 46200 to 46208, inclusive, and Section 47612.5.

(13) Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study.

(14) A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011.

(15) A pupil shall not be prohibited from participating in independent study solely on the basis that the pupil does not have the materials, equipment, or internet access that are necessary to participate in the independent study course.

(b) For purposes of computing average daily attendance for each pupil enrolled in one or more courses authorized by this section, the following computations shall apply:

(1) (A) For each schoolday, add the combined equivalent daily instructional minutes, as certified in paragraph (4) of subdivision (a), for courses authorized by this section in which the pupil is enrolled.

(B) For each schoolday, add the combined daily instructional minutes of courses authorized by all other laws and regulations in which the pupil is enrolled and for which the pupil meets applicable attendance requirements.

(2) If subparagraph (C) of paragraph (1) meets applicable minimum schoolday requirements for each schoolday, and all other requirements in this section have been met, credit each schoolday that the pupil is demonstrating satisfactory educational progress pursuant to the requirements of this section, with up to one school day of attendance.

(3) (A) Using credited schoolday attendance pursuant to paragraph (2), calculate average daily attendance pursuant to Section 41601 or 47612, whichever ~~is applicable,~~ applies, for each pupil.

(B) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil.

(4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in courses authorized by this section shall not be credited with average daily attendance other than what is specified in this section.

(5) If more than 10 percent of the total average daily attendance of a school district, charter school, or county office of education is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the school district, charter school, or county office of education shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th.

(c) For purposes of this section, “equivalent total instructional minutes” means the same number of minutes as required for an equivalent classroom-based course.

(d) This section shall not be deemed to prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code.

(e) (1) The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses.

(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code.

(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 48.

Section 51796 of the Education Code is amended to read:

51796.

(a) The Instructional School Gardens Program is hereby established for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education. The program shall be administered by the department.

(b) The Superintendent may convene an interagency working group on instructional school gardens that may include, but not be limited to, representatives of the department, the Department of Food and Agriculture, the State Department of Public Health, and the California Integrated Waste Management Board. The working group may advise the Superintendent on the following:

(1) Effective and efficient means of encouraging school districts, charter schools, and county offices of education to develop and maintain a quality instructional school garden program.

(2) The availability of state and nonstate resources and technical assistance to help school districts, charter schools, and county offices of education in establishing and maintaining instructional school gardens.

(3) Public and private partnerships available to assist school districts, charter schools, and county offices of education in using instructional school gardens to complement the academic program of participating schools.

(c) The Superintendent may establish an advisory group involving other agencies and groups with expertise in instructional school gardens, including, but not limited to, the California Environmental Education Interagency Network. The purpose of the advisory group is to support program efforts through technical assistance, resources, in-kind support, site visits, and other related efforts.

(d) (1) The Superintendent shall use existing resources to comply with subdivisions (b) and (c).

(2) The Department of Food and Agriculture, the State Department of Public Health, and the California Integrated Waste Management Board shall use existing resources to comply with subdivision (b).

SEC. 49.

Section 51796.2 of the Education Code is amended to read:

51796.2.

(a) A school district, charter school, or county office of education may apply to the Superintendent for funding for a three-year grant under this article in a manner determined by the Superintendent, in order to develop and maintain an instructional school garden. The application, at a minimum, shall indicate the school or schools at which the instructional school gardens are, or are to be, located; the grade level or grade levels to be targeted; the potential number of classes within the grade levels and number of pupils who would use the instructional school gardens; and the intended items of expenditure for any funds received. The application also shall include an explanation of the six-month reporting requirement specified in Section 51796.5.

(b) The Superintendent shall distribute the grants applied for pursuant to subdivision (a) to school districts, charter schools, or county offices of education. Each grant shall be not more than two thousand five hundred dollars ($2,500) per schoolsite, except that a district, charter school, or county office of education that applies on behalf of at least one schoolsite with an enrollment of 1,000 or more pupils may receive a grant of not more than five thousand dollars ($5,000) per schoolsite with an enrollment of 1,000 or more pupils.

SEC. 50.

Section 51797 of the Education Code is amended to read:

51797.

During its annual discretionary grant funding process, the California Integrated Waste Management Board may give preferential consideration to providing an appropriate level of funding to the program established pursuant to this article.

SEC. 51.

Section 52500.1 of the Education Code is amended to read:

52500.1.

(a) Adult schools shall consist of programs, courses, and classes for adults. Minors may be admitted to those programs, courses, and classes pursuant to governing board policy and this section.

(b) Eligibility of high school pupils for enrollment in adult education programs, courses, and classes shall be limited to pupils who meet both of the following conditions:

(1) High school pupils who enroll in adult education programs, courses, and classes pursuant to Section 41976, except that high school pupils shall not be counted for adult education apportionment purposes.

(2) High school pupils who have completed a counseling session that involved the pupil, a certificated representative of the high school, and the pupil’s parent or guardian, and who have a school record that contains written documentation of the session and a statement that the pupil is voluntarily enrolling in the adult education program, course, or class, and that enrollment in an adult education program, course, or class will enhance the pupil’s progress toward meeting the educational requirements for graduation from high school. Commencing July 1, 1994, a school district shall not enroll high school pupils pursuant to this subdivision unless the school district complies with the conditions set forth in this subdivision.

(c) Money for the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of adult education programs, courses, and classes described in this section. A school district shall clearly demonstrate that the costs of instruction for persons under 18 years of age enrolled in an adult education program, course, or class described in this section are from another allowable fund source or sources.

SEC. 52.

Section 52501 of the Education Code is amended to read:

52501.

The governing board of a school district maintaining secondary schools shall have power with the approval of the department to establish and maintain classes for adults, except programs and classes in outdoor science education and conservation education, as the term is employed in Section 8760, for the purpose of providing instruction in classes and courses defined in Section 41976.

SEC. 53.

Section 52501.5 of the Education Code is amended to read:

52501.5.

Revenue derived from the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be expended for other than adult education purposes.

SEC. 54.

Section 52502 of the Education Code is amended to read:

52502.

The governing board of a high school district or unified school district may establish classes for adults. If these classes result in enrollment in any school year of 500 or more students, such districts shall establish an adult school for the administration of the program, if one is not established. This section shall not prohibit the governing board of a high school district or unified school district from establishing an adult school at an enrollment threshold in classes for adults lower than 500 students for any school year.

SEC. 55.

Section 52505 of the Education Code is amended to read:

52505.

Such classes may be convened at such hours and for such length of time during the day or evening and at such period and for such length of time during the school year as may be determined by the governing authority. The governing board of any high school district or unified school district may provide for the maintenance of these classes.

SEC. 56.

Section 52510 of the Education Code is repealed.

SEC. 57.

Section 52511 of the Education Code is amended to read:

52511.

Whenever the governing board of a school district maintaining an adult school or classes for adults is unable to maintain the school or classes in the school district because of its inability to secure a teacher or teachers, or because of lack of facilities, the board may, with the approval of the county superintendent of schools and the Superintendent, maintain the school or classes of the school district elsewhere than within the school district or contract for instruction of the students in such school or classes with the governing board of another school district.

SEC. 58.

Section 52512 of the Education Code is repealed.

SEC. 59.

Section 52513 of the Education Code is repealed.

SEC. 60.

Section 52515 of the Education Code is amended to read:

52515.

State funds shall not be apportioned to a school district unless the courses have been approved by the department pursuant to Section 41976.

SEC. 61.

Section 52516 of the Education Code is repealed.

SEC. 62.

Section 52517 of the Education Code is amended to read:

52517.

(a) A high school or unified school district shall report for attendance in a class if either of the following occurs:

(1) The school district receives full compensation for the class from any public or private agency, individual, or group of individuals, except fees authorized by Section 52612.

(2) The class is not located in a facility clearly identified in a manner, and established by appropriate procedures, to ensure that attendance in the class is open to the general public, unless the class is authorized pursuant to Section 52570 or located in a state hospital.

(b) The state board may adopt regulations as may be necessary to enforce this section.

SEC. 63.

Section 52518 of the Education Code is repealed.

SEC. 64.

Section 52519 of the Education Code is repealed.

SEC. 65.

Section 52520 of the Education Code is repealed.

SEC. 66.

Section 52522 of the Education Code is repealed.

~~SEC. 67.Section 52522.2 of the Education Code is amended to read:~~

SEC. 67.

Section 52522.2 of the Education Code is repealed.

52522.2.
It is the intent of the Legislature that the department vigorously monitor the compliance of school districts regarding the programs and funding requirements for adult education. Therefore, on or before October 1, 2022, and annually thereafter, the department shall report to the Governor and the fiscal committees and the education policy committees of both houses of the Legislature on the implementation of the adult education program and the fiscal aspects of the adult education program. The report shall identify, by school district, any abuses of the letter or intent of the statutes pertaining to adult education, and the report shall contain recommendations that has taken into account stakeholder input for the modification, if necessary, for program improvements to adult education.

SEC. 68.

Section 52523 of the Education Code is amended to read:

52523.

Adult education programs, courses, and classes shall not be used to supplant the regular high school curriculum for high school pupils enrolled in adult education. Adult education shall supplement and enrich the high school pupil’s educational experiences. Therefore, adult education, at a minimum, shall meet the following criteria:

(a) All programs, courses, and classes conducted as adult education shall be open to adults and listed in the school district’s catalog of adult education classes provided to the public and shall be under the supervision and jurisdiction of the adult education administrator as determined by the governing board of the school district. Adults shall have priority over other students for admission to any adult education class if those adults enroll not later than the regular enrollment period for those classes. The enrollment period shall be published in the course catalog. A course required by the school district for high school graduation or necessary for pupils to maintain satisfactory academic progress shall not be offered exclusively through the adult education program. An adult for purposes of this section is a person 18 years of age or older or other person who is not concurrently enrolled in a regular high school program.

(b) Each adult education teacher, whether part time or full time, under contract status or in an hourly position, shall be part of the adult school faculty and shall be under the direct supervision of the authorized adult education administrator.

(c) Enrollment of high school pupils shall be voluntary on the part of the pupil taking the class. Before enrollment by a high school pupil in an adult education program, class, or course, the pupil shall have documentation of the counseling session held pursuant to subdivision (b) of Section 52500.1.

(d) Enrollment of a high school pupil in an adult education program, course, or class shall be for sound educational purposes, including, but not limited to, the following:

(1) The adult education program, course, or class is not offered in the regular high school curriculum.

(2) The adult education program, course, or class is needed by the pupil to make up deficient credits for graduation from high school.

(3) The adult education program, course, or class allows the pupil to gain vocational and technical skills beyond that provided by the regular high school’s vocational and technical education program.

(4) The adult education program, course, or class supplements and enriches the high school pupil’s educational experience.

(e) A high school pupil shall not be enrolled for apportionment purposes in an adult education program, course, or class that would be considered any of the following:

(1) Physical education.

(2) Driver’s training and education.

(3) Visual and performing arts.

(4) Band.

(5) Preparation of a school yearbook or school newspaper.

(6) Training for, or participation in, athletic camps, cheerleading or spirit organizations, student government, or extracurricular student clubs.

(f) The Superintendent shall issue a program advisory that further defines the purposes set forth in subdivision (d) and the courses set forth in subdivision (e). The Superintendent is authorized to issue, at any time, rules and regulations instead of the program advisory.

(g) Money under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of an adult education program, course, and class described in subdivision (e). A school district shall clearly demonstrate that the costs of instruction for pupils under 18 years of age enrolled in an adult education program, course, or class described in subdivision (e) are from another allowable fund source or sources.

(h) Students enrolled in adult education programs, courses, and classes shall be assigned a statewide student identifier consistent with the identifiers assigned to pupils in K–12 education programs, if the student is not already identified by a social security number in the data system of the adult school or other local educational agency providing the adult education programs, courses, or classes. Adult schools shall share the assigned identifiers with the California Community Colleges for inclusion in the student data system.

SEC. 69.

Section 52525 of the Education Code is repealed.

SEC. 70.

Article 2 (commencing with Section 52530) of Chapter 10 of Part 28 of Division 4 of Title 2 of the Education Code is repealed.

SEC. 71.

Section 52540 of the Education Code is amended to read:

52540.

Upon application of 20 or more persons above 18 years of age residing in a high school district who cannot speak, read, or write the English language to a degree of proficiency equal to that required for the completion of grade 8 of the elementary schools, the governing board of the high school district shall establish classes in English. These classes may be offered directly by the high school district or in partnership with another public adult education provider.

SEC. 72.

Section 52541 of the Education Code is repealed.

SEC. 73.

Section 52542 of the Education Code is repealed.

SEC. 74.

Section 52543 of the Education Code is repealed.

SEC. 75.

Section 52544 of the Education Code is repealed.

SEC. 76.

Section 52552 of the Education Code is amended to read:

52552.

Upon application of 25 or more persons desiring training for citizenship and residing in a high school district, the governing board of the high school district shall establish special classes in training for citizenship. Upon demand, the governing board of the high school district may establish the classes with a lesser number of applicants. These classes may be offered directly by the high school district or in partnership with another public adult education provider.

SEC. 77.

Section 52553 of the Education Code is repealed.

SEC. 78.

Section 52554 of the Education Code is repealed.

SEC. 79.

Section 52556 of the Education Code is repealed.

SEC. 80.

Section 52570 of the Education Code is amended to read:

52570.

The governing board of a school district maintaining secondary schools or a county superintendent of schools, shall have the power, with the approval of the department, to establish special classes for adults designed to serve the educational needs of adults with disabilities. These classes shall be directed to providing instruction in civic education, career technical education, work readiness, independent living skills, community access and integration, communication and social skills, literacy, and academics. These classes shall conform to standards of attendance, curriculum, and administration established by the department.

SEC. 81.

Section 52571 of the Education Code is repealed.

SEC. 82.

Section 52572 of the Education Code is amended to read:

52572.

The governing board of a school district or the county superintendent of schools authorized by this article to establish special classes for adults designed to serve the educational needs of adults with disabilities may contract to provide those classes by any adjacent high school district or unified school district, subject to the approval of the Superintendent. Any contract entered into pursuant to this section shall be for a term of not to exceed one year but may be renewed or revised and renewed annually.

SEC. 83.

Section 52610.5 of the Education Code is amended to read:

52610.5.

Notwithstanding Section 52610, any minor, regardless of age, who is pregnant or is a parent actively engaged in raising one or more of the minor’s children, is eligible to enroll in any adult education course or class described in Section 41976. Money under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of adult education courses or classes described in Section 41976. A school district shall clearly demonstrate that the costs of instruction for persons under 18 years of age enrolled in an adult education course or class described in Section 41976 is are from another allowable fund source or sources.

SEC. 84.

Section 52614 of the Education Code is repealed.

SEC. 85.

Section 52615 of the Education Code is repealed.

SEC. 86.

Section 52616 of the Education Code is amended to read:

52616.

Money derived under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall be deposited in a separate fund of the school district to be known as the “adult education fund.” Money in the school district’s adult education fund shall be expended only for adult education purposes. Except for moneys received pursuant to the local control funding formula, moneys received for programs for specifically designated pupils shall not be expended for adult education.

SEC. 87.

Section 52616.2 of the Education Code is repealed.

SEC. 88.

Section 52616.4 of the Education Code is amended to read:

52616.4.

(a) Money in the Adult Education Fund of a school district may be expended only for the following charges:

(1) Direct instructional costs relating directly to the adult education program, including, but not limited to, the salaries and benefits of adult education teachers and aides, textbooks, instructional supplies, travel and conference expenses for employees who work in the adult education program, and repair, maintenance, acquisition, and replacement of instructional equipment used in the adult education program.

(2) (A) Direct support costs for the adult education program. For ~~the~~ purposes of this section, “direct support costs” means:

(i) Instructional administration and instructional media costs that are supported by auditable documentation. For purposes of this subparagraph, instructional administration costs include the documented costs of individuals who, regardless of specific job title, administer the district’s adult education program.

(ii) School administration and pupil services costs that are supported by auditable documentation and that represent the activities of individuals whose employment by the school district is exclusively in support of the adult education program, or school administration and pupil services costs that are supported by auditable documentation and that meet all of the following conditions:

(I) Those costs are able to be identified in a separate contract with the adult education program.

(II) The administration and services are provided exclusively to adult students and only for the period identified in the contract made pursuant to subclause (I).

(III) The services are provided during a time that is different than when services to pupils in kindergarten and grades 1 to 12, inclusive, are provided, and the administration is provided after 4:00 p.m.

(IV) The persons who provide the services and administration to adult students report to the adult education director during the period of the contract made pursuant to subclause (I).

(V) The person providing the administration immediately supervises the adult school personnel.

(iii) Plant maintenance and operations costs, including costs for facilities that are used to provide childcare services to the children of the students attending the adult education program at a particular site as follows:

(I) For facilities that exclusively house adult education programs, the costs that are supported by auditable documentation. For purposes of this clause, a facility that houses an adult education program and a regional occupational center or program or a childcare program, or both, is a facility that exclusively houses an adult education program.

(II) For facilities that are used by more than one program, including the adult education program, a district may charge the Adult Education Fund for an amount attributable to the adult education program, but this charge shall not exceed the amount derived from the following calculation:

(ia) Calculate, according to the general description in the California School Accounting Manual, the prorated number of classroom units that the adult education program uses for instructional and childcare purposes.

(ib) Calculate the total number of classroom units in the district.

(ic) Divide the amount calculated in sub-subclause (ia) by the amount calculated in sub-subclause (ib).

(id) Multiply the quotient calculated in sub-subclause (ic) by the district’s total plant maintenance and operations costs.

(iv) Facilities costs for nondistrict-owned facilities that exclusively house adult education programs, including, but not limited to, costs of facilities that are used to provide childcare services to the children of the students attending the adult education program at the same site. For purposes of this subparagraph, a facility that houses an adult education program and a regional occupational center or program or a child care program, or both, is a facility that exclusively houses an adult education program.

(v) Facilities costs for the acquisition of facilities originally acquired by adult education programs, or for the restoration of those facilities, including costs for debt service for the acquisition or restoration of a facility, including the costs of facilities that are used to provide childcare services to the children of the students attending the adult education program at the same site.

(B) For ~~the~~ purposes of subparagraph (A), “auditable documentation” means time reports and other contemporaneous records that establish the time that individual employees spend working for the adult education program, and the documentation that supports nonpersonnel costs substantiating that the adult education program received the service, supply, or equipment. That documentation shall comply with the documentation requirements set forth in the California School Accounting Manual published pursuant to Section 41010.

(b) If the department and the Department of Finance concur that a school district has violated this section, the Superintendent shall direct that school district to transfer double the amount improperly transferred to the school district’s general fund from that fund to the school district’s Adult Education Fund for the subsequent fiscal year, which amount shall be used for the improvement of the school district’s adult education program. If the school district fails to make that transfer as directed, the Superintendent shall reduce the school district’s regular apportionment determined pursuant to Section 42238.02, as implemented by Section 42238.03, by that amount, and that shall be used for improvement of the school district’s adult education program.

(c) It is the intent of the Legislature in enacting this section that responsible school district officials be held fully accountable for the accounting and reporting of adult education programs and that minor and inadvertent instances of noncompliance be resolved in a fair and equitable manner to the satisfaction of the Superintendent and the Department of Finance.

(d) The Superintendent, with the approval of the Department of Finance, may waive up to the full transfer amount in subdivision (b) if the Superintendent determines that the noncompliance involved is minor or inadvertent, or both.

SEC. 89.

Section 52616.5 of the Education Code is repealed.

SEC. 90.

Section 52616.16 of the Education Code is repealed.

SEC. 91.

Section 52616.17 of the Education Code is repealed.

SEC. 92.

Section 52616.18 of the Education Code is amended to read:

52616.18.

(a) Commencing July 1, of each fiscal year, notwithstanding that a school district was not authorized to operate an adult education program pursuant to Section 41976, a school district may apply to the department for initial program approval and funding to begin any adult education programs specified in Section 41976 provided the school district meets both of the following criteria:

(1) The school district did not operate nor claim state apportionment for an adult education program in the prior fiscal year.

(2) The school district has participated in the appropriate local adult education consortium, approved pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, and the applicable adult education plan approved pursuant to that article for adult education activities and services.

(b) The Superintendent may approve the program funding on the basis of the school district’s documented need for adult education programs. The Superintendent shall issue a program advisory that sets forth the criteria of need that a school district is required to document.

SEC. 93.

Section 52616.19 of the Education Code is repealed.

SEC. 94.

Section 52616.20 of the Education Code is repealed.

SEC. 95.

Section 52616.21 of the Education Code is repealed.

SEC. 96.

Section 52616.24 of the Education Code is repealed.

SEC. 97.

Section 52617 of the Education Code is repealed.

SEC. 98.

Section 52653 of the Education Code is amended to read:

52653.

School districts that receive funding pursuant to Section 52656 shall provide the following:

(a) Classes and courses offered pursuant to subdivision (b) of Section 41976.

(b) Services that were reimbursable under the provisions of SLIAG in the 1991–92 fiscal year, ~~including~~ including, but not limited to, instruction in English as a second language, citizenship, basic skills, and ancillary services such as outreach and counseling.

(c) Services to develop the work and educational skills needed by the immigrant in the workplace, including, but not limited to, the communication, computational, problem solving, and interpersonal skills needed to succeed in the workplace.

(d) Services that enable immigrants to access educational services and economic development services available to all Californians.

SEC. 99.

Section 52656 of the Education Code is amended to read:

52656.

(a) Notwithstanding any other law, school districts that received apportionment for extraordinary needs in English as a second language and basic skills from Provision (4) of Schedule (a) of Item 6110-156-001 of the Budget Act of 1991 for the 1991–92 fiscal year shall continue to receive those funds in the school district’s adult block entitlement in the 1992–93 fiscal year, and each fiscal year thereafter.

(b) Commencing in the 1993–94 fiscal year, school districts that receive an apportionment from subdivision (a) shall give priority to eligible immigrants in need of courses pursuant to subdivisions (a) and (b) of Section 41976 and Section 52653.

(c) School districts are not restricted by this chapter from providing classes for immigrants pursuant to subdivision (b) of Section 41976 with other funds for adult education that are available to the district.

SEC. 100.

Section 56333 of the Education Code is amended to read:

56333.

A pupil shall be assessed as having a language or speech disorder that makes the pupil eligible for special education and related services when the pupil demonstrates difficulty understanding or using ~~spoken~~ language to such an extent that it adversely affects the pupil’s educational performance and cannot be corrected without special education and related services. In order to be eligible for special education and related services, difficulty in understanding or using ~~spoken~~ language shall be assessed by a speech-language pathologist who determines that such difficulty results from any of the following disorders:

(a) Speech sound disorder, characterized by deficits in the pupil’s production of speech sounds that significantly interferes with communication and attracts adverse attention.

(b) Voice disorder, characterized by persistent, deficits in voice quality, pitch, intensity, or resonance. A medical examination shall be conducted, where appropriate.

(c) Fluency disorder, characterized by persistent deficits in the flow of verbal expression to such a degree that these difficulties adversely affect communication between the pupil and listener.

(d) Language disorder, characterized by inappropriate or inadequate acquisition, comprehension, or expression of ~~spoken~~ language such that the pupil’s language performance level is found to be significantly below the language performance level of the pupil’s peers.

(e) Hearing impairment or deafness that contributes to or results in a language or speech disorder and significantly affects educational performance.

SEC. 101.

Section 84906 of the Education Code is amended to read:

84906.

(a) (1) Commencing with the 2019–20 fiscal year, as a condition of receipt of an apportionment of funds from this program for a fiscal year, the members of a consortium shall have a consortium-approved three-year adult education plan that addresses a three-year fiscal planning cycle. The plan shall be updated at least once each year based on available data pertaining to the requirements of subdivision (b).

(2) For the 2018–19 fiscal year, as a condition of receipt of an apportionment of funds from this program, the members of a consortium shall have a consortium-approved adult education plan that satisfies subdivision (c).

(3) (A) Before establishing a career technical education training program, each member of a local adult education consortium shall conduct a job market study of the labor market area in which it proposes to establish the career technical education training program. The study shall use local labor market information and consider a supply analysis of existing career technical education training programs for adults maintained by high schools, community colleges, and other postsecondary educational institutions in the geographic area to ensure that the anticipated employment demand for adults enrolled in the proposed training program justifies the establishment of the proposed courses of instruction.

(B) After completing the job market study and before establishing the career technical education training program, the local adult education consortium shall determine if the job market study justifies the proposed career technical education program.

(b) An adult education plan shall include all of the following:

(1) An evaluation of the educational needs of adults in the region.

(2) A list of the following:

(A) Entities that provide education and workforce services to adults in the region.

(B) Entities that are impacted by, or that have a fundamental interest in, the provision of those services.

(3) A description of the services provided by entities listed pursuant to paragraph (2).

(4) An evaluation of current levels and types of education and workforce services for adults in the region.

(5) An evaluation of the funds available to the members of the consortium and the entities listed pursuant to paragraph (2), including funds other than those apportioned pursuant to this article.

(6) Actions that the members of the consortium will take to address the educational needs identified pursuant to paragraph (1).

(7) Actions that the members of the consortium will take to improve the effectiveness of their services.

(8) Actions that the members of the consortium, the entities listed pursuant to paragraph (2), and other interested parties will take to improve integration of services and to improve transitions into postsecondary education and the workforce, including actions related to all of the following:

(A) Placement of adults seeking education and workforce services into adult education programs.

(B) Alignment of academic standards and curricula for programs across entities that provide education and workforce services to adults.

(C) Qualifications of instructors, including common standards across entities that provide education and workforce services to adults.

(D) Collection and availability of data.

(9) A description of the alignment of adult education services supported by this program with those described in other education and workforce plans guiding services in the region, including plans pertaining to the building of career pathways and the employment of workforce sector strategies and those required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128).

(10) A description of the ways in which each of the entities identified in paragraph (2) contributed to the development of the plan.

(c) For the 2015–16, 2016–17, 2017–18, and 2018–19 fiscal years, a regional plan developed pursuant to Section 84830 shall satisfy the requirements of this section.

SEC. 102.

Section 131052 of the Health and Safety Code is amended to read:

131052.

In implementing the transfer of jurisdiction pursuant to this article, the State Department of Public Health succeeds to and is vested with all the statutory duties, powers, purposes, responsibilities, and jurisdiction of the former State Department of Health Services as they relate to public health as provided for or referred to in all of the following provisions of law:

(1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5, 2249, 2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037, 4191, 19059.5, 19120, 22950, 22973.2, and 22974.8 of the Business and Professions Code.

(2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code.

(3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241, 49030, 49405, 49414, 49423.5, 49452.6, 49460, 49464, 49531.1, 56836.165, and 76403 of the Education Code.

(4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486 of the Food and Agricultural Code.

(5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909 of the Family Code.

(6) Sections 1786, 4011, 5523, 5671, 5674, 5700, 5701, 5701.5, 7115, and 15700 of the Fish and Game Code.

(7) Sections 855, 51010, and 551017.1 of the Government Code. For purposes of subdivision (s) of Section 6254 of the Government Code, the term “State Department of Health Services” is hereby deemed to refer to the State Department of Public Health.

(8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457, 1505, 1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87, 2002, 2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24, 11839.25, 11839.26, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32, 11839.33, 11839.34, 17920.10, 17961, 18897.2, 24185, 24186, 24187, 24275, 26101, 26122, 26134, 26155, 26200, and 26203.

(B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4, 4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2.

(D) Division 102, including Sections 102230 and 102231.

(E) Division 103, including Sections 104145, 104181, 104182, 104182.5, 104187, 104191, 104192, 104193, 104316, 104317, 104318, 104319, 104320, 104321, 104324.2, 104324.25, 104350, 105191, 105251, 105255, 105280, 105340, and 105430.

(F) Division 104, including Sections 106615, 106675, 106770, 108115, 108855, 109282, 109910, 109915, 112155, 112500, 112650, 113355, 114460, 114475, 114650, 114710, 114850, 114855, 114985, 115061, 115261, 115340, 115736, 115880, 115885, 115915, 116064, 116183, 116270, 116365.5, 116366, 116375, 116610, 116751, 116760.20, 116825, 117100, 117924, and 119300.

(G) Division 105, including Sections 120262, 120381, 120395, 120440, 120480, 120956, 120966, 121155, 121285, 121340, 121349.1, 121480, 122410, and 122420.

(H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of Chapter 3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2, Part 7, and Part 8 of Division 106.

(9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10, 10123.184, and 11520 of the Insurance Code.

(10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1, 6359, 6712, 9009, and 9022 of the Labor Code.

(11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515, 7518, 7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990 of the Penal Code.

(12) Section 4806 of the Probate Code.

(13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830, 43210, 43308, 44103, and 71081 of the Public Resources Code.

(14) Section 10405 of the Public Contract Code.

(15) Sections 883, 1507, and 7718 of the Public Utilities Code.

(16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863, 30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code.

(17) Section 11020 of the Unemployment Insurance Code.

(18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle Code.

(19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909, and Division 24 of the Welfare and Institutions Code. Payment for services provided under the Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program pursuant to subdivision (aa) of Section 14132 and Division 24 shall be made through the State Department of Health Care Services. The State Department of Public Health and the State Department of Health Care Services may enter into an interagency agreement for the administration of those payments. This paragraph, to the extent that it applies to the Family PACT Waiver Program, shall become inoperative on June 30, 2012.

(20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392, 13392.5, 13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528, 13529, 13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554, 13554.2, 13816, 13819, 13820, 13823, 13824, 13825, 13827, 13830, 13834, 13835, 13836, 13837, 13858, 13861, 13862, 13864, 13868, 13868.1, 13868.3, 13868.5, 13882, 13885, 13886, 13887, 13891, 13892, 13895.1, 13895.6, 13895.9, 13896, 13896.3, 13896.4, 13896.5, 13897, 13897.4, 13897.5, 13897.6, 13898, 14011, 14012, 14015, 14016, 14017, 14019, 14022, 14025, 14026, 14027, and 14029 of the Water Code.

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Bill Text: CA AB486 | 2021-2022 | Regular Session | Amended

California Assembly Bill 486 (Prior Session Legislation)

LEGISLATIVE COUNSEL'S DIGEST

Digest Key

Bill Text

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

SECTION 1.

1703.

SEC. 2.

1909.

SEC. 3.

12501.

SEC. 4.

14022.3.

SEC. 5.

17406.

SEC. 6.

17406.

SEC. 7.

CHAPTER 7. California State Library

SEC. 8.

Article 1. General Provisions

SEC. 9.

19301.

SEC. 10.

19302.

SEC. 11.

19306.

SEC. 12.

19320.

SEC. 13.

19320.5.

SEC. 14.

19321.

SEC. 15.

19322.

SEC. 16.

19323.

SEC. 17.

19324.

SEC. 18.

19325.

SEC. 19.

19326.

SEC. 20.

19330.

SEC. 21.

33004.

SEC. 22.

33501.

SEC. 23.

35028.

SEC. 24.

35143.

SEC. 25.

35253.

SEC. 26.

41601.

SEC. 27.

41608.

SEC. 28.

41840.

SEC. 29.

41962.

SEC. 30.

41976.

SEC. 31.

SEC. 32.

SEC. 33.

42238.5.

SEC. 34.

42639.

SEC. 35.

44843.

SEC. 36.

45113.

SEC. 37.

45301.

SEC. 38.