Bill Text: CA AB600 | 2015-2016 | Regular Session | Amended
Bill Title: Migrant education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB600 Detail]
Download: California-2015-AB600-Amended.html
BILL NUMBER: AB 600 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Alejo
FEBRUARY 24, 2015
An act to amend Section 33034 of Sections
54441, 54441.5, 54442, 54443.1, 54444, 54444.1, 54444.2, 54444.3,
54444.4, 56301, 63000, and 64000 of, to amend the heading of Article
3 (commencing with Section 54440) of Chapter 4 of Part 29 of Division
4 of Title 2 of, and to add Sections 54442.1, 5444 2.2,
54442.3, 54442.4, 54442.5, 54442.6, and 54444.15 to, the
Education Code, relating to the State Board of Education.
migrant education.
LEGISLATIVE COUNSEL'S DIGEST
AB 600, as amended, Alejo. State Board of Education:
powers and duties Migrant education.
(1) Existing law requires the State Board of Education to adopt a
state master plan for services to children identified as migrant
children.
This bill would change references from "migrant child" to
"migratory child," and would require the state master plan to be
developed and revised as necessary by the Superintendent of Public
Instruction in consultation with the statewide parent advisory
council. The bill would specify additional services and elements that
would be required as part of the plan, and would require the
Superintendent to develop a monitoring instrument and monitoring
procedure to annually monitor each local educational agency and
region receiving funds for the provision of services to migratory
children. The bill would set forth the primary objectives of the
state's monitoring activities, including, among others, improving
educational results and outcomes for migratory children. The bill
would require the Superintendent to coordinate the design of
evaluations, as provided, and to monitor, provide technical
assistance to, and provide guidance to, operating agencies in
conducting local evaluations.
The bill would require the Superintendent to periodically sponsor
or conduct workshops and seminars for the education of operating
agency personnel responsible for evaluation of migrant education
programs, and would require the Superintendent to submit triennially
to the state board, the Legislature, and the Governor a performance
report regarding the migrant education programs. The bill would
require the Superintendent to develop a process to ensure that all
migratory youth enrolled in juvenile court schools and other
alternative education placements are properly identified and receive
services for which they are eligible.
(2) Existing law requires migrant education programs to include
prescribed components, including, but not limited to, a brief
individual learning plan provided to a pupil's parent or guardian
annually and each time the pupil moves to a new district.
This bill would also require delivery of the plan each time a
pupil experiences a change in school placement or educational program
and would require migrant education programs to include the
collection of individual and aggregate data with specified
information relating to migratory pupils. By imposing these
additional requirements on local educational agencies, this bill
would impose a state-mandated local program.
The bill would require a local educational agency or region
receiving funds for the provision of services to migratory children
to include as part of its refunding application an evaluation of the
overall effectiveness of the program, as specified.
(3) Existing law requires the Superintendent to establish the
service regional system as the primary method for delivery of
services to migrant children, and requires the Superintendent to
review and approve plans for the effectiveness of service regions
based on specified criteria.
This bill would include among those criteria a written evaluation
plan that describes how the operating agency whose plan is under
review for approval will measure annual migratory pupil progress and
overall success of its program, and would add to the conditions for
direct funding of local educational agencies that the parent advisory
council be actively involved in the planning, review, and
improvement of the program.
(4) Existing law sets forth responsibilities of parent advisory
councils at the district, regional, and state levels, including,
among other responsibilities, a review of individualized educational
plans.
This bill would add to these responsibilities a review of the
aggregate data collected for migratory pupils, as specified.
(5) Existing law provides that the responsibilities of a service
region include, among other responsibilities, providing training for
the parents and members of district, regional, and school parent
advisory councils.
This bill would revise that responsibility to instead provide
training, support services, and technical assistance to the parents
and members of district, regional, and school parent advisory
councils to assist them in fulfilling their roles and
responsibilities.
(6) Existing law requires the Superintendent to establish a
statewide parent advisory council and requires the council to meet a
minimum of 6 times per year.
This bill would instead require the council to meet a minimum of 9
times per year. The bill would also require the Superintendent and
each operating agency, as defined, to provide certain documents in a
language understandable to members of the statewide and operating
agency parent advisory councils, as specified.
(7) This bill would make other related changes and various
conforming and nonsubstantive changes.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law establishes the State Board of Education to adopt
policies, and to establish rules and regulations, not inconsistent
with the laws of the state, to govern the public elementary and
secondary schools of the state. Existing law requires the board to
issue a subpoena to compel the attendance of a witness before the
board, or a board member, in the same manner as a court in this
state. Existing law requires the president of the board to cause the
attendance of a witness to testify before the board, or a board
member, where the testimony of the witness is material to a matter
pending before the board. The board is authorized to make a
reasonable allowance for this purpose, not exceeding the fee of a
witness in a civil case, except under specified circumstances. The
allowance is required to be paid out of the appropriation for the
expense of the board.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Article 3 (commencing
with Section 54440) of Chapter 4 of Part 29 of Division 4 of Title 2
of the Education Code is amended to read:
Article 3. Migrant Migratory
Children
SEC. 2. Section 54441 of the Education
Code is amended to read:
54441. The definitions set forth in this section shall govern the
interpretation of this article.
(a) (1) "Currently migratory child" means a
child who has moved with a parent, guardian, or other person having
custody, from one school district to another, either within the State
of California or from another state within the 12-month period
immediately preceding his or her identification as such
a currently migratory child, in order that the
child, a parent, guardian, or other member of his or her immediate
family might secure temporary or seasonal employment in an
agricultural or fishing activity, and whose parents or guardians have
been informed of the child's eligibility for migrant education
services.
"Currently
(2) "Currently migratory child" includes a
child who, without the parent or guardian, has continued to migrate
annually to secure temporary or seasonal employment in an
agricultural or fishing activity.
(b) "Former migratory child" means a child who was formerly
eligible to be counted and served as a currently migratory child
within the past five years, but who is no longer a currently
migratory child, and who lives in an area served by an ESEA
a federal Elementary and Secondary Education Act of
1965 (20 U.S.C. Sec. 6301 et seq.) Title I Migrant
Education migrant education project, and whose
parents have been informed of the child's eligibility for migrant
education services but have not removed the child from the program.
(c) "Agricultural activity" means any activity directly related to
the production or processing of agricultural products and the
cultivation or harvesting of trees.
(d) "Fishing activity" means any activity directly related to the
catching or processing of fish or shellfish for initial commercial
sale or as a principal means of personal subsistence.
(e) "Operating agency" means a local educational agency operating
under a subgrant of state migrant education funding, or a public or
private nonprofit agency under a special arrangement with the
department to carry out a migrant education program.
(f) "Migrant region" means an operating agency comprised of a
county or a combination of counties, or a public or private nonprofit
agency not controlled in whole or part by a school district, or a
combination of counties and agencies, meeting the criteria of
subdivision (a) of Section 54444.1.
(g) "Quality control" means the development of program quality
standards by the state and the conduct of quality review procedures
and processes at the operating agency, school district, and school
level by state and other professional staff and parents, in
conjunction with other interested parties, on a regular basis to
assure the maintenance of high quality migrant education programs.
(h) "Supplementary services" means services provided to migratory
children which that are above the
services already provided by a school or school district to other
children of that school or school district.
(i) "Average monthly enrollments" means the average monthly number
of pupils who are enrolled in a migrant education program. Average
monthly enrollments shall be computed by totaling the number of
migrant migratory pupils reported by an
operating agency during the months of September to June, inclusive,
and dividing that total by 10.
(j) "Department" means the State Department of Education.
(k) "Superintendent" means the Superintendent of Public
Instruction.
SEC. 3. Section 54441.5 of the
Education Code is amended to read :
54441.5. With the concurrence of the child's parent, a child who
has been identified as a "migrant "migratory
child" may be deemed a migrant
migratory child for a period, not in excess of three years,
during which the child resides in an area where programs are provided
for migrant migratory children.
Priority for the provision of services shall be consistent with
federal statutes and regulations governing migrant education
programs.
SEC. 4. Section 54442 of the Education
Code is amended to read:
54442. The state board shall adopt a state master plan for
services to migrant migratory children.
The plan shall be developed and revised as necessary by the
Superintendent in consultation with the statewide parent advisory
council established pursuant to paragraph (2) of subdivision (a) of
Section 54444.2. The plan shall include all of the following:
(a) Instructional activities on a regular and extended year basis.
These activities shall be designed to identify, assess, and provide
treatment for academic deficiencies of migrant
migratory children. Special emphasis shall be given to
oral and written communications, reading, and mathematics. Small
group or individual instruction and tutorial services shall be
provided to assist migrant migratory
children to attain normal progress rates meet
the same academic content and achievement standards that all
children are expected to meet in all subject areas. All
instructional services shall be provided as supplements to regular
programs of instruction provided by the public schools for all
children.
(b) Health and welfare services. These services shall be designed
to identify, assess, and provide treatment for conditions that
interfere with the education and learning of migrant
migratory children, including dental, emotional,
or environmental conditions. To the extent possible, existing
community resources will shall be
utilized used to provide these
services.
(c) Preservice and in-service inservice
education of professional and nonprofessional personnel. This
education shall be planned to prepare school administrators,
teachers, aides, and other personnel to meet the special needs of
migrant migratory children.
(d) Supportive services including transportation, family liaison,
and other services necessary to the success of the programs.
(e) Child development activities including, but not limited to,
social, sensorimotor, conceptual and language development, and
perceptual discrimination activities for migrant
migratory infants and prekindergarten children who are too
young to participate in instructional services normally provided by
the public schools.
(f) The active involvement of migratory parents,
teachers, school representatives, and community
representatives in the local implementation
planning, implementation, review, and improvement of migrant
education programs. programs, including, but
not limited to, review of the data collected for migratory pupils
pursuant to subdivision (i) to monitor and evaluate migratory pupil
progress and program effectiveness.
(g) Support services and technical assistance to members of the
statewide parent advisory council. The department shall ensure that
members are provided with sufficient resources and support to enable
the statewide parent advisory council to fulfill its statutory
purpose and responsibilities.
(h) An evaluation and monitoring component that provides for
oversight and evaluation of the operating agencies, school districts,
and schools on an annual basis by the department to ensure that
migrant education programs are effective and operating in a manner
consistent with federal statutes and regulations. The department
shall evaluate migrant education programs using systematic,
methodical, and sound evaluation instruments designed to measure
program implementation and program results.
(i) Collection of individual and aggregate data for migratory
pupils to increase accountability for migratory pupil achievement and
to facilitate program evaluation. The department shall collect data
for migratory pupils and shall present the data in a format that is
readily accessible to migratory parents, teachers, community
representatives, and regional directors. The data regarding migratory
pupils shall include, but not be limited to, all of the following:
(1) Identification and recruitment.
(2) Preschool participation.
(3) Enrollment in kindergarten and grades 1 to 12, inclusive.
(4) Enrollment in alternative education programs by type of
program, including, but not limited to, community schools, community
day schools, continuation high schools, and juvenile court schools.
(5) Participation in independent study and credit accrual
programs.
(6) Designation and redesignation of English learners.
(7) Course enrollment, including, but not limited to, courses that
satisfy the subject area requirements for admission to the
University of California or the California State University.
(8) Suspensions and expulsions.
(9) Truancy and chronic absenteeism.
(10) Referral to a school attendance review board.
(11) Disciplinary transfers.
(12) Retention in grade level.
(13) Dropout rates.
(14) California high school exit examination results.
(15) Graduation rates.
(16) Postsecondary education enrollment rates.
(17) Vocational program enrollment rates.
(18) Other information deemed necessary by the Superintendent in
consultation with the statewide parent advisory council.
SEC. 5. Section 54442.1 is added to the
Education Code , to read:
54442.1. The Superintendent shall develop a monitoring instrument
and monitoring procedure that provides for annual monitoring of each
local educational agency and region receiving funds for the
provision of services to migratory children, and that addresses each
component identified in Section 54444.15 and all federal requirements
set forth under Section 6391 of Title 20 of the United States Code
and its corresponding regulatory provisions. The monitoring procedure
shall include onsite monitoring of each operating agency receiving
migrant education funds at least once every three years.
SEC. 6. Section 54442.2 is added to the
Education Code , to read:
54442.2. The primary objectives of the state's monitoring
activities undertaken pursuant to Section 54442.1 shall be all of the
following:
(a) Improving educational results and outcomes for all migratory
children.
(b) Ensuring that operating agencies, school districts, and
schools provide appropriate educational services to migratory
children in a manner that addresses their special needs, including,
but not limited to, language access needs, in a coordinated and
efficient manner.
(c) Ensuring that operating agencies, school districts, and
schools afford migratory pupils full and appropriate opportunities to
effectively participate in the general education program and access
to courses needed to graduate.
(d) Identifying and addressing disproportionate discipline of
migratory pupils, migratory pupil enrollment in alternative education
programs, and migratory pupil participation in independent study.
SEC. 7. Section 54442.3 is added to the
Education Code , to read:
54442.3. The Superintendent shall coordinate the design of
evaluations to prevent duplication and to minimize data collection
and reporting requirements at the operating agency, school district,
and school levels. The Superintendent shall monitor, provide
technical assistance to, and provide guidance to, operating agencies
in conducting local evaluations, as necessary.
SEC. 8. Section 54442.4 is added to the
Education Code , to read:
54442.4. The Superintendent shall periodically sponsor or conduct
workshops and seminars for the education of operating agency
personnel assigned to, and responsible for, the evaluation of migrant
education programs.
SEC. 9. Section 54442.5 is added to the
Education Code , to read:
54442.5. The Superintendent shall triennially submit to the state
board, the Legislature, and the Governor a performance report
regarding the migrant education programs. A report to be submitted
pursuant to this section to the Legislature shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 10. Section 54442.6 is added to the
Education Code , to read:
54442.6. The Superintendent shall develop a process to ensure
that all migratory youth enrolled in juvenile court schools and other
alternative education placements under the department are properly
identified and receive all the services for which they are eligible.
The department shall work with regions and local educational agencies
to develop policies and procedures to ensure that at the time of
transfer to, and enrollment in, these schools, migratory youth who
are not already identified are properly assessed to determine if they
are eligible for migrant services and programs.
SEC. 11. Section 54443.1 of the
Education Code is amended to read:
54443.1. Migrant education programs shall include all of the
following:
(a) An individual assessment of the educational and relevant
health needs of each participating pupil within 30 days of
enrollment. This assessment shall include assessments concurrently
provided pursuant to compensatory education, bilingual-crosscultural
education, school improvement programs, and other programs serving
the pupil.
(b) A general needs assessment developed in compliance with
federal requirements summarizing the needs of the population to be
served.
(c) A comprehensive program to meet the educational, health, and
related needs of participating pupils which
that is supplemental to the program the operating agency is
otherwise required to provide. The program shall include, but need
not be limited to, the following:
(1) Academic instruction.
(2) Remedial and compensatory instruction.
(3) Bilingual and crosscultural instruction.
instruction, which may include supplemental language support
services and programs specially designed to meet the unique needs of
migratory children.
(4) Career technical instruction.
(5) Counseling and career education services.
(6) Preschool services in accordance with Section 54443.
(7) Other educational services that are not available in
sufficient quantity or quality to eligible migratory children.
(8) The acquisition of instructional materials and equipment
necessary to adequately provide the appropriate services.
(9) Other related services to meet the special needs of eligible
migratory children that are necessary to enable these children to
effectively participate in instructional services.
(10) The coordination and teaming of existing resources serving
migrant migratory pupils, such as
bilingual-crosscultural education, health screening, and compensatory
education.
(d) A brief individual learning plan listing the services to be
provided to each migratory pupil shall be provided in
writing or at a parent conference to the parent or guardian of each
participating pupil, annually and each time the pupil moves to a new
district. district or experiences a change in
school placement or educational program.
(e) Staffing and staff development plans and practices to meet the
needs of migratory pupils and implement the program.
(f) Parent and community involvement as specified in Section
54444.2.
(g) Evaluations that shall include annual pupil progress and
overall program effectiveness and quality control reports.
reports in accordance with Section 54444.15.
(h) Collection of individual and aggregate data for migratory
pupils regarding all of the information set forth in subdivision (i)
of Section 54442. Migrant education programs shall present the data
in a format that is readily accessible to migratory parents,
teachers, community representatives, and regional directors.
(h)
(i) School districts and other education
educational agencies shall be eligible to apply
for funding to serve migrant migratory
pupils upon application to their respective region, or, if they meet
the criteria established in subdivision (b) of Section 54444.1, to
the department. Operating agencies shall include in their application
a description of how the entities will coordinate the planning,
budgeting, and operation of the migrant education programs with the
planning, budgeting, and operation of other federal and state
education programs addressing the needs of the same or similar pupils
of the operating agency. The description shall include time
lines timelines and cover services provided
through school improvement, nonmigrant Title I, state compensatory
and limited- and non-English proficient, Title VII, and other funds.
If the application meets state and federal requirements, negotiations
for an appropriate service agreement shall begin involving the
parties listed in subdivision (a) or (b) of Section 54444.1.
54444.
SEC. 12. Section 54444 of the Education
Code is amended to read:
54444. In implementing the plan adopted by the State
Board of Education, state board, the
Superintendent of Public Instruction is authorized
to:
(a) Contract with county superintendents of school or local
educational agencies to supply services to migrant
migratory children residing within specified geographical
regions.
(b) Enter into agreements or otherwise cooperate with other states
or agencies of the state or the federal government in providing or
coordinating services to migrant migratory
children including the Mini-Corps Program as well as
participation in or utilization use of
the Migrant Student Record Transfer System, or other equivalent
information systems as may be used by the state.
SEC. 13. Section 54444.1 of the
Education Code is amended to read:
54444.1. (a) In implementing the state master plan for services
to migrant migratory children, the
Superintendent shall establish the service regional system as the
primary method for the delivery of services to migrant
migratory children. The Superintendent shall
review and approve plans for the establishment of service regions and
shall incorporate the following criteria in the approval of regional
plans:
(1) The boundaries of regions shall include all geographic areas
with migrant migratory and seasonal
agricultural workers and fishermen.
(2) Regional service centers shall be located in areas with high
concentrations of migrant migratory and
seasonal agricultural workers and fishermen. Regional headquarters
shall be located as follows:
(A) In areas requiring large numbers of these workers for a period
of at least two consecutive months during each year.
(B) In areas that normally contract for migrant
migratory and seasonal agricultural workers with families
rather than single adults.
(C) In areas where migrant migratory
and seasonal agricultural workers are involved in the transition
from hand labor to mechanization.
(3) Regions shall be located in each geographic area of the state,
except areas within the boundaries of directly funded districts.
(4) Except areas within the boundaries of directly funded
districts, regions shall be contiguous to one another and should have
no less than 1,500 migratory children. In no event shall a county be
split among two separate regions in order to meet the requirements
of this paragraph.
(5) Regions shall be organized so as to provide quality services
to all affected parties and maintain fiscal procedures in conformity
with requirements adopted by the department.
(6) The boundaries of regions shall be drawn in a manner that
avoids excessive commuting by personnel or by participants in the
programs, not to exceed 100 miles from the schoolsite to the
operating agency.
(7) If a proposed region cannot meet the criteria established in
paragraph (4) or (6), it may request that the criteria be waived by
the state board. The waiver request shall be based upon a study,
conducted by the entities, including their respective parent advisory
councils, comprising the proposed region, that explains why the
waiver is required and that describes likely outcomes if the waiver
is not granted.
(8) A written evaluation plan that describes how the operating
agency will measure annual migratory pupil progress and the overall
success of its program in accordance with Section 54444.15. The
evaluation plan may include the examination of pre- and
post-assessment results for migratory pupils participating in
specific interventions such as special tutoring programs, reading
interventions, and math interventions.
(b) (1) An agency meeting the criteria set
forth in this subdivision and subdivision (f) of Section 54441 may
apply to the department for designation as a region. The application
shall be in a format with sufficient information and at times
designated by the Superintendent. The application shall include
documentation of active participation, review and comment by the
appropriate parent advisory councils, and signatures by parent
advisory council chairpersons that the review and comment has taken
place, and shall further include documentation that the agencies and
parent representative comprising the proposed region have met as a
group prior to before submission of the
application and have agreed upon the formation of, and participation
in, the region and a general delineation of the services
which that will be provided in the region.
Directly
(2) Directly funded districts
shall be invited by the regions to participate in regional activities
and meetings. Staff and parent advisory council members in the
districts shall also be invited to regional inservice activities and
conferences.
(c) The department may directly fund local educational agencies,
in whole or in part, to provide services to eligible migrant
migratory children if it is cost effective to
do so; if the applicant agency serves not less than 1,500, nor more
than 8,000, currently migratory children; has sufficient programmatic
and fiscal resources to deliver an effective migrant education
program; is in compliance with the federal and state requirements
regarding migrant education programs; maintains an ongoing and
functional parent advisory council that has voted on a biennial basis
to approve the participation in the directly funded program,
including the approval of a majority of the members who are the
parents of migrant children; migratory
children, and is actively involved in the planning,
review, and improvement of the program; and maintains fiscal
procedures in conformity with the requirements adopted by the
department. All districts that are directly funded on January 1,
1982, may continue to be funded directly, provided that the districts
comply with the criteria prescribed by this subdivision, except for
the size criterion.
(d) (1) The responsibilities of the various
parties involved in the delivery of services to migrant
migratory children shall be set forth in a
service agreement. A service agreement shall be a legally binding
contract signed by the duly constituted authorities at the state,
county, district, or private or public nonprofit agencies, or a
combination thereof. In the regional delivery system, there shall be
two parties to every service agreement; the region and the district
or other operating agencies in which the eligible migrant
migratory pupils are enrolled. When a district
or agency is funded directly by the state, the parties to the service
agreement shall include the department and the district or operating
agency in which the eligible migrant
migratory pupils are enrolled. The basic responsibilities of
these three parties shall be as specified in Section 54444.4.
The
(2) The parties, whether regional
or directly funded, shall take the necessary steps to ensure the
effective involvement of the migrant
migratory parent advisory committee
council for that district or agency. Representatives of the
migrant migratory parent advisory
committee council shall have
the right to be present and participate in all
deliberations between the parties regarding the service agreement or
any subsequent changes thereto. The service agreement shall include a
signed statement from the officers of the migrant
migratory parent advisory committee
council signifying that the participation has occurred.
(e) The Superintendent shall develop an annual operating calendar
for regions and directly funded districts, including dates for the
submission and approval of applications and service agreements. Any
changes in regional boundaries for the subsequent fiscal year shall
be made and approved by December 31 of the current year. Any changes
in funding allocations for regions shall be made by December 31 of
the current year or immediately after notification of a federal grant
award.
(f) The Superintendent shall preserve the supplemental nature of
the migrant education program. The program shall be maintained
outside the supervision or above the administrative level of the
consolidated application programs. The Superintendent shall not
incorporate the migrant education program into the consolidated
application process, except as provided below:
(1) Directly
funded districts may apply for migrant education funds as part of
their consolidated application provided the district parent advisory
council on migrant education approves the inclusion.
(2) A copy of the district's annual application for migrant
education funds as required by subdivision (h) of Section 54443.1
shall be attached to the district's annual consolidated application.
SEC. 14. Section 54444.15 is added to the
Education Code , to read:
54444.15. A local educational agency or region receiving funds
for the provision of services to migratory children, as part of its
refunding application, shall include an evaluation of the overall
effectiveness of the program for the prior year that includes all of
the following:
(a) Deficiencies in academic achievement of migratory children as
compared to nonmigratory children.
(b) Identification of, and provision of services to, migratory
children in the geographic area served by the district, agency, or
region, including out-of-school migratory youth and children and
youth enrolled in alternative and court-supervised school placements.
(c) Enrollment in preschool and kindergarten.
(d) Access to, enrollment in, and completion of courses that
satisfy the subject area requirements for admission to the University
of California or the California State University.
(e) Dropout prevention and intervention.
(f) Retention in grade level.
(g) Truancy and pupil discipline, including suspension, expulsion,
and actions resulting in disciplinary transfer or referral to a
school attendance review board.
(h) Vocational education opportunities.
(i) Graduation rates, including completion of the California high
school exit examination.
(j) Postsecondary education enrollment rates.
(k) Health services.
(l ) Intersession programs.
(m) Other supplemental services.
(n) Staff experience and quality.
(o) Data collection and evaluation.
(p) Records transfer.
(q) Parental involvement, including establishment of and
participation in the parent advisory council, conduct of regular
meetings, participation in the development and approval of the local
migrant education plan, participation in statewide parent advisory
council activities, and parent training.
SEC. 15. Section 54444.2 of the
Education Code is amended to read:
54444.2. (a) The Superintendent of Public Instruction
shall take the steps necessary to ensure effective parental
involvement throughout the state migrant education program, which
shall include, but need not be limited to, the following:
(1) The Superintendent shall adopt rules and regulations requiring
each operating agency receiving migrant education funds or services
to actively solicit parental involvement in the planning, operation,
and evaluation of its programs through the establishment of, and
consultation with, a parent advisory council.
(A) The membership of each parent advisory council shall be
comprised of members who are knowledgeable of the needs of
migrant migratory children and shall be elected
by the parents of migrant migratory
children enrolled in the operating agency's programs. The composition
of the council shall be determined by the parents at a general
meeting to which all parents of pupils enrolled in the migrant
program shall be invited. Parents shall be informed, in a language
they understand, that the parents have the sole authority to decide
on the composition of the council. All parent candidates for the
council shall be nominated by parents; nonparent candidates shall be
nominated by the groups they represent: teachers by teachers,
administrators by administrators, other school personnel by other
school personnel, and pupils by pupils. All other community
candidates shall be nominated by the parents. Each parent advisory
council shall hold meetings on a regular basis during the operation
of the regular program, but not less than six times during the year.
(B) At least two-thirds of the members of each parent advisory
council shall be the parents of migrant
migratory children. Each parent advisory council shall have the
responsibilities listed in subdivision (a) of Section 54444.4.
(2) The Superintendent shall establish a statewide parent advisory
council that shall participate in the planning, operation, and
evaluation of the state migrant education program. The membership of
the statewide parent advisory council shall be comprised of members
who are knowledgeable of the needs of migrant
migratory children and shall be nominated and elected by the
parents of migrant migratory children
enrolled in the operating agencies. At least two-thirds of the
members of the State Parent Advisory Council
statewide parent advisory council shall be the parents of
migrant migratory children. The
state statewide parent advisory council
shall meet a minimum of six nine times
a calendar year to provide input on issues relating to the operation
of the program. Special meetings may be called at the discretion of
the state director.
(3) (A) The Superintendent also shall sponsor an annual
State Parent Advisory Council Conference. statewide
parent advisory council conference. The conference shall be
scheduled during the spring of every year.
(B) The State Parent Advisory Council
statewide parent advisory council, with necessary technical
assistance and support from the department, shall prepare and
submit a report to the Legislature, the state board, the
Superintendent, and the Governor regarding the status of the migrant
education program. The report shall be submitted within 120 days
from of the conclusion of a training
program on preparing the report provided by the Superintendent in
accordance with paragraph (5).
(C) The report shall include an evaluation of the migrant
education program, as required pursuant to paragraph (2) of
subdivision (a), a review of annual needs and a year-end assessment,
as required pursuant to paragraph (2) of subdivision (a) of Section
54444.4, a review of the aggregate data collected for migratory
pupils pursuant to paragraph (2) of subdivision (a) of Section
54444.4, and policy recommendations.
(4) The Superintendent and each operating agency shall furnish,
without charge, to the statewide and operating agency parent advisory
councils and, upon request, to each member, a copy of all applicable
state and federal migrant education statutes, rules and regulations,
and guidelines. In addition, the Superintendent and each operating
agency shall furnish, without charge, to the statewide and operating
agency parent advisory councils and, upon request, to each member,
copies of all applicable state and federal audits, monitoring
reports, and evaluations. Upon request, and when practicable,
these documents shall be provided in a language understandable to
members, and each regional and state migrant education plan shall be
provided in a language understandable to each member before its
consideration for final approval.
(5) The Superintendent and each operating agency shall establish
and implement training programs for members of the statewide and
operating agency parent advisory councils to enable them to carry out
their responsibilities. Each training program shall be developed in
consultation with the parent advisory councils and shall include
appropriate training materials in a language understandable to each
member. Costs incurred in providing training under this paragraph,
including federally authorized expenses associated with the
attendance of members at training sessions, shall be funded, to the
extent that funds are available, by federal funds allocated to the
state, based upon the educational and related health needs of
migratory children defined in subdivisions (a) and (b) of Section
54441, and may be supported by funds from the state migrant education
program.
(b) Each operating agency that provides services on a statewide
basis shall be exempt from the requirement that it create its own
parent advisory council, but shall consult the statewide parent
advisory council in the planning, operation, and evaluation of its
programs.
SEC. 16. Section 54444.3 of the
Education Code is amended to read:
54444.3. (a) Each operating agency receiving federal
Title I Migrant Education migrant education
funding shall conduct summer school programs for eligible
migrant migratory children in
kindergarten and grades 1 to 12, inclusive. The summer school
programs shall respond to the individual needs of participating
pupils and shall build on and be consistent with the instructional
programs offered to these pupils during the regular school year. Each
summer school program shall be funded, to the extent that funds are
available, by federal funds earmarked for migrant education programs,
and shall meet the following criteria:
(1) (A) That summer school programs meet the
following time requirements:
(A)
(i) For kindergarten classes, not less than 180 minutes
per day, based upon the full apportionment day of 240 minutes,
including recesses, for not less than 20 teaching days.
(B)
(ii) For grades 1 to 8, not less than 200 minutes per
day, based upon the full apportionment day of 240 minutes, including
recesses and passing time but excluding noon intermissions, for not
less than 20 teaching days.
(C)
(iii) For grades 7 to 12, not less than 240 minutes per
day, including passing time but excluding noon intermissions, for
not less than 30 teaching days.
Exemptions
(B) Exemptions from the
requirements of this paragraph may be made by the Superintendent
of Public Instruction upon petition submitted to
him by the district. The basis for the exemption shall be
agricultural labor factors, climatic conditions, specialized
educational programs, and other conditions appearing to the
superintendent Superintendent to warrant
exemption.
For
(C) For purposes of this
paragraph, holidays designated in Section 37220 other than Saturday
and Sunday may be deducted from the required number of teaching days.
(2) That the program has been established with the prior written
approval of the superintendent Superintendent
based upon the submission of an application which
that is in the form prescribed and furnished by
the superintendent. Superintendent.
Each application shall designate the persons who will exercise
administrative or supervisorial responsibilities for the summer
school program and shall be submitted prior to
before the establishment of the summer school program.
(3) That the summer school program contains coursework
which that is of the same level of difficulty in
each subject as that provided to pupils enrolled in regular classes
of instruction within the school district in the preceding year.
(4) That instructional programs are taught by staff with cultural
training or background and understanding of the special needs of
migrant migratory children, and who are
properly credentialed for the subjects and grade levels to which
they are assigned.
(5) That the summer school program supplements other summer school
programs, whether required or optional and whether federally or
state funded, operated by the school district, including the programs
for graduating high school seniors, handicapped children, pupils
enrolled in grade 11, pupils enrolled in grades 7 to 12 who do not
meet the school district's adopted proficiency standards,
and eligible compensatory education pupils.
(b) (1) Each school district, county office
of education, and community college district shall, upon request,
make facilities available at cost for the operation of migrant summer
school programs whenever they are available. Where available, these
facilities shall be suitable for the summer climate. The
superintendent Superintendent may allow
neighboring districts to jointly offer facilities if he or she
determines that the use of one district's facilities for an area will
adequately meet the needs of the migrant summer school program for
the entire area.
If
(2) If the Superintendent
of Public Instruction determines that requests
from prospective users of these facilities were denied without just
cause, the superintendent Superintendent
shall reduce the school district's or county
superintendent's entitlement from Section A of the State School Fund
by an amount equal to one thousand dollars ($1,000) or four times the
costs to the prospective user for alternative facilities for the
entire period for which the facilities were requested, whichever is
greater.
SEC. 17. Section 54444.4 of the
Education Code is a mended to read:
54444.4. (a) The responsibilities of parent advisory councils at
the district, regional, and state levels shall include, but are not
limited to, all of the following:
(1) The establishment of migrant education program goals,
objectives, and priorities.
(2) The review of annual needs and year-end assessment, as well as
program activities, for each school, a review of the aggregate
data collected for migratory pupils at the school, district,
regional, and state levels as set forth in the
state master plan developed pursuant to Section 54442, and a
review of individualized educational plans.
plans to ensure that plans are developed and implemented in
compliance with state and federal requirements.
(3) Advice on the selection, development, and reassignment of
migrant education program staff.
(4) Active involvement in the planning and negotiation of program
applications and service agreements required under Section 54444.1.
(5) All other responsibilities required under state and federal
laws or regulations.
(b) The responsibilities of the school districts or other agencies
operating programs for migrant migratory
pupils include, but are not limited to, all of the following:
(1) Providing services in compliance with applicable state and
federal laws or regulations.
(2) Providing information to parents.
(3) Providing support to instructional staff.
(c) The responsibilities of the region include, but are not
limited to, the following:
(1) Providing funding to operating agencies within its
jurisdiction in accordance with service agreements.
(2) Providing technical assistance to operating agencies operating
under service agreements.
(3) Providing interagency coordination to improve the services
available to participating migratory pupils.
(4) Providing training for training,
support services, and technical assistance to the parents and
members of district, regional, and school parent advisory
councils. councils to assist them in fulfilling their
roles and responsibilities.
(5) Providing or arranging for staff development services for
migrant education staff at the school and district levels.
(6) Providing direct services required pursuant to a service
agreement entered into by the region.
(d) The responsibilities of the State Board of Education
state board and the department shall be as set
forth in the State Master Plan state master
plan for Migrant Education migrant
education developed under Section 54442.
SEC. 18. Section 56301 of the Education
Code is amended to read:
56301. (a) All children with disabilities residing in the state,
including children with disabilities who are homeless children or are
wards of the state and children with disabilities attending private,
including religious, elementary and secondary schools, regardless of
the severity of their disabilities, and who are in need of special
education and related services, shall be identified, located, and
assessed and a practical method is developed and implemented to
determine which children with disabilities are currently receiving
needed special education and related services as required by
Section Sections 1412(a)(3) and (10)
(A)(ii) 1412(a)(10)(A)(ii) of Title 20 of the
United States Code. A child is not required to be classified by his
or her disability so long as each child who has a disability listed
in Section 1401(3) of Title 20 of the United States Code and who, by
reason of that disability, needs special education and related
services as an individual with exceptional needs defined in Section
56026.
(b) (1) In accordance with Section 300.111(c) of Title 34 of the
Code of Federal Regulations, the requirements of this section also
apply to highly mobile individuals with exceptional needs, including
migrant migratory children, and
children who are suspected of being an individual with exceptional
needs pursuant to Section 56026 and in need of special education,
even though they are advancing from grade to grade.
(2) In accordance with Section 300.213 of Title 34 of the Code of
Federal Regulations, the local educational agency shall cooperate in
the efforts of the federal Secretary of Education, under Section 6398
of Title 20 of the United States Code, to ensure the linkage of
records pertaining to migratory children with disabilities for the
purpose of electronically exchanging, among other states, health and
educational information regarding those children.
(c) (1) The child find process shall ensure the equitable
participation in special education and related services of parentally
placed private schoolchildren with disabilities and an accurate
count of those children. Child find activities conducted by local
educational agencies, or where applicable, the department, shall be
similar to those activities undertaken for pupils in public schools.
(2) In accordance with Section 1412(a)(10)(A)(ii)(IV) of Title 20
of the United States Code, the cost of the child find activities in
private, including religious, elementary and secondary schools, may
not be considered in determining whether a local educational agency
has met its obligations under the proportionate funding provisions
for children enrolled in private, including religious, elementary and
secondary schools.
(3) The child find process described in paragraph (1) shall be
completed in a time period comparable to that for other pupils
attending public schools in the local educational agency.
(d) (1) Each special education local plan area shall establish
written policies and procedures pursuant to Section 56205 for use by
its constituent local agencies for a continuous child find system
that addresses the relationships among identification, screening,
referral, assessment, planning, implementation, review, and the
triennial assessment. The policies and procedures shall include, but
need not be limited to, written notification of all parents of their
rights under this chapter, and the procedure for initiating a
referral for assessment to identify individuals with exceptional
needs.
(2) In accordance with Section 1415(d)(1)(A) of Title 20 of the
United States Code, and Section 300.504(a) of Title 34 of the Code of
Federal Regulations, parents shall be given a copy of their rights
and procedural safeguards only one time a school year, except that a
copy also shall be given to the parents:
(A) Upon initial referral or parental request for assessment.
(B) Upon receipt of the first state complaint under Section
56500.2 in a school year.
(C) Upon receipt of the first due process hearing request under
Section 56502 in a school year.
(D) When a decision is made to make a removal that constitutes a
change of placement of an individual with exceptional needs because
of a violation of a code of pupil conduct in accordance with Section
300.530(h) of Title 34 of the Code of Federal Regulations.
(E) Upon request by a parent.
(3) A local educational agency may place a current copy of the
procedural safeguards notice on its Internet Web site, if such
an Internet Web site exists, pursuant to Section 1415(d)(1)(B)
of Title 20 of the United States Code.
(4) The contents of the procedural safeguards notice shall contain
the requirements listed in Section 1415(d)(2) of Title 20 of the
United States Code and Section 300.504(c) of Title 34 of the Code of
Federal Regulations.
(e) Child find data collected pursuant to this chapter, or
collected pursuant to a regulation or an interagency agreement, are
subject to the confidentiality requirements of Sections
300.611 300.610 to 300.627, inclusive, of Title
34 of the Code of Federal Regulations.
SEC. 19. Section 63000 of the Education
Code is amended to read:
63000. The provisions of this chapter shall apply to funds
received for the following categorical programs:
(a) Child care and development programs pursuant to Chapter 2
(commencing with Section 8200) of Part 6. 6
of Division 1 of Title 1.
(b) School and Library Improvement Block Grant pursuant to Article
7 (commencing with Section 41570) of Chapter 3.2 of Part 24.
(c)
(b) Bilingual education programs pursuant to Article
1 (commencing with Section 52000) and Article 3
(commencing with Section 52160) of Chapter 7 of Part 28.
(d)
(c) Economic Impact Aid impact
aid programs pursuant to Chapter 1 (commencing with Section
54000) of Part 29.
(e) The Miller-Unruh Basic Reading Act of 1965 pursuant to Chapter
2 (commencing with Section 54100) of Part 29.
(f)
(d) Compensatory education programs pursuant to Chapter
4 (commencing with Section 54400) of Part 29, except for programs
for migrant migratory children pursuant
to Article 3 (commencing with Section 54440) of Chapter 4 of Part
29.
SEC. 20. Section 64000 of the Education
Code is amended to read:
64000. (a) The provisions of this part shall apply to
applications for funds under the following categorical programs:
(1) Bilingual education programs pursuant to Article 3 (commencing
with Section 52160) of Chapter 7 of Part 28.
(2) School-based coordinated categorical programs established
pursuant to Chapter 12 (commencing with Section 52800) of Part 28.
(3)
(2) Economic Impact Aid impact
aid programs established pursuant to Chapter 1 (commencing with
Section 54000) of Part 29.
(4) The Miller-Unruh Basic Reading Act of 1965 pursuant to Chapter
2 (commencing with Section 54100) of Part 29.
(5)
(3) Compensatory education programs established
pursuant to Chapter 4 (commencing with Section 54400) of Part 29,
except for programs for migrant migratory
children pursuant to Article 3 (commencing with Section 54440)
of Chapter 4 of Part 29.
(6)
(4) Programs providing assistance to disadvantaged
pupils under Section 6312 of Title 20 of the United States Code, and
programs providing assistance for neglected or delinquent pupils who
are at risk of dropping out of school, as funded by Section 6421 of
Title 20 of the United States Code.
(7)
(5) Capital expense funding, as provided by Title I of
the federal Improving America's Schools Act of 1994 (20
U.S.C. Sec. 1001 6301 et seq.).
(8)
(6) California Peer Assistance and Review Programs for
Teachers established pursuant to Article 4.5 (commencing with Section
44500) of Chapter 3 of Part 25. 25 of
Division 3.
(9)
(7) Professional development programs established
pursuant to Section 6601 of Title 20 of the United States Code.
(10)
(8) Innovative Program Strategies Programs
program strategies programs established pursuant
to Section 7303 of Title 20 of the United States Code.
(11)
(9) Programs established under the federal Class Size
Reduction Initiative (P.L. (Public Law
106-554).
(12)
(10) Programs for tobacco use prevention funded by
Section 7115 of Title 20 of the United States Code.
(13)
(11) School safety and violence prevention programs,
established pursuant to Article 3.6 (commencing with Section 32228)
of Chapter 2 of Part 19. 19 of Division 1 of
Title 1.
(14)
(12) Safe and Drug Free Schools
drug-free schools and Communities
communities programs established pursuant to Section 7113 of
Title 20 of the United States Code.
(b) Each school district that elects to apply for any of these
state funds shall submit to the department, for approval by the state
board, a single consolidated application for approval or continuance
of those state categorical programs subject to this part.
(c) Each school district that elects to apply for any of these
federal funds may submit to the department for approval, by the state
board, a single consolidated application for approval or continuance
of those federal categorical programs subject to this part.
SEC. 21. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 33034 of the Education Code
is amended to read:
33034. The board shall issue a subpoena to compel the attendance
of a witness before the board, or a member of the board, in the same
manner as a court in this state. Whenever the testimony of a witness
upon a matter pending before it is material, the president shall
cause the attendance of the witness before the board, or a member of
the board, to testify concerning the matter, and the board may make a
reasonable allowance for this purpose not exceeding the fees of a
witness in a civil case. The allowance shall be paid for out of the
appropriation for the expense of the board, but an allowance shall
not be made in favor of a witness who appears in behalf of a
claimant. This section shall not apply to proceedings conducted in
accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code.
