Bill Text: CA AB486 | 2021-2022 | Regular Session | Amended
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
August 16, 2021 |
Amended
IN
Senate
June 09, 2021 |
Amended
IN
Assembly
April 19, 2021 |
Introduced by Committee on Education (Assembly Members O’Donnell (Chair), Kiley (Vice Chair), Bennett, Megan Dahle, Lee, McCarty, and Quirk-Silva) |
February 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
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: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: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.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.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: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:SEC. 15.
Section 19322 of the Education Code is amended to read:19322.
The State Librarian may do both of the following: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: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.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: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.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: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: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).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.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 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.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.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: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.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.(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 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.
(C)For each schoolday, add the sum of subparagraphs (A) and (B).
(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 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.