Bill Text: CA AB71 | 2009-2010 | Regular Session | Introduced
Bill Title: Categorical education funding: block grants.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB71 Detail]
Download: California-2009-AB71-Introduced.html
BILL NUMBER: AB 71 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Duvall
DECEMBER 12, 2008
An act to add Section 47634 to, to repeal Sections 41311, 42243.7,
47634.1, 47634.4, 49452.8, 49501, 49536, 52244, and 52272 of, to
repeal Chapter 4 (commencing with Section 400) of Part 1 of Division
1 of Title 1 of, to repeal Article 8 (commencing with Section 8150)
of Chapter 1 of Part 6 of Division 1 of Title 1 of, to repeal Article
4 (commencing with Section 37252) of Chapter 2 of Part 22 of
Division 3 of Title 2 of, to repeal Article 10 (commencing with
Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2 of,
to repeal Article 4.5 (commencing with Section 42290) of Chapter 7 of
Part 24 of Division 3 of Title 2 of, to repeal Chapter 11.3
(commencing with Section 42920) of Part 24 of Division 3 of Title 2
of, to repeal Article 4.5 (commencing with Section 44279.1), Article
11 (commencing with Section 44380), Article 12 (commencing with
Section 44390), and Article 13 (commencing with Section 44395) of
Chapter 2 of Part 25 of Division 3 of Title 2 of, to repeal Article
4.5 (commencing with Section 44500), Article 4.6 (commencing with
Section 44510), and Article 6 (commencing with Section 44560) of
Chapter 3 of Part 25 of Division 3 of Title 2 of, to repeal Chapter
3.34 (commencing with Section 44730) and Chapter 3.36 (commencing
with Section 44735) of Part 25 of Division 3 of Title 2 of, to repeal
Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of
Division 4 of Title 2 of, to repeal Article 11 (commencing with
Section 49550) and Article 11.5 (commencing with Section 49565) of
Chapter 9 of Part 27 of Division 4 of Title 2 of, to repeal Article
15 (commencing with Section 51870) of Chapter 5 of Part 28 of
Division 4 of Title 2 of, to repeal Article 3.5 (commencing with
Section 52055.600) of Chapter 6.1 of Part 28 of Division 4 of Title 2
of, to repeal Chapter 6.5 (commencing with Section 52060) of Part 28
of Division 4 of Title 2 of, to repeal Article 4 (commencing with
Section 52180) of Chapter 7 of Part 28 of Division 4 of Title 2 of,
to repeal Chapter 8 (commencing with Section 52200) of Part 28 of
Division 4 of Title 2 of, to repeal Article 4.5 (commencing with
Section 52378) and Article 7.5 (commencing with Section 52460) of
Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal Article 6
(commencing with Section 52890) of Chapter 12 of Part 28 of Division
4 of Title 2 of, to repeal Chapter 12.5 (commencing with Section
52920) of Part 28 of Division 4 of Title 2 of, to repeal Article 2
(commencing with Section 54020) of Chapter 1 of Part 29 of Division 4
of Title 2 of, to repeal Article 5 (commencing with Section 54690)
and Article 7.1 (commencing with Section 54740) of Chapter 9 of Part
29 of Division 4 of Title 2 of, to repeal Chapter 6 (commencing with
Section 58800) of Part 31 of Division 4 of Title 2 of, to repeal
Article 3 (commencing with Section 60240) of Chapter 2 of Part 33 of
Division 4 of Title 2 of, and to repeal Chapter 5 (commencing with
Section 99200) of Part 65 of Division 14 of Title 3 of, and to repeal
and add Chapter 3.2 (commencing with Section 41500) of Part 24 of
Division 3 of Title 2 of, the Education Code, relating to public
school finance, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 71, as introduced, Duvall. Categorical education funding: block
grants.
(1) Existing law established the pupil retention block grant,
school safety consolidated competitive grant, teacher credentialing
block grant, professional development block grant, a new targeted
instructional improvement block grant, and school library improvement
block grant. Existing law authorizes a school district or county
office of education to expend in a fiscal year up to 15% of the
amount apportioned for the school safety consolidated competitive
grant, professional development block grant, targeted instructional
improvement block grant, or school library improvement block grant
for any other programs for which the school district or county office
is eligible for funding, not to exceed 120% of the amount of state
funding allocated in a fiscal year to the school district or county
office for purposes of the program to which funds are transferred.
This bill would repeal those block grants and instead establish
the following block grants, composed of funding for specified
categorical education programs: the Supplemental Professional and
Staff Development Block Grant, the Supplemental Academic Support for
At-Risk Pupils Block Grant, the Supplemental Academic Support Block
Grant, the Supplemental Operational Support Block Grant, the
Supplemental Career Technical Education Block Grant, and the
Supplemental Pupil Support Block Grant. Commencing with the 2009-10
fiscal year, the Superintendent of Public Instruction would be
required to apportion funds from those block grants to school
districts, as defined. The bill would authorize a school district or
county office of education to expend in a fiscal year up to 50% of
the amount apportioned for the block grants established by the bill
for any other categorical program for which the school district or
county office is eligible for funding, including programs whose
funding is not included in any of the block grants established by the
bill, not to exceed 155% of the amount of state funding allocated in
a fiscal year to the school district or county office for purposes
of the program to which funds are transferred. The bill also would
repeal statutory provisions that established or are related to
various programs included in the block grants established by the
bill.
(2) Existing law specifies the formula that the Superintendent of
Public Instruction is required to use in order to calculate a
categorical block grant for charter schools. Existing law authorizes
charter schools that elect to receive their funding directly to apply
individually for federal and state categorical programs, except as
specified, to the extent that they are eligible for funding and meet
the provisions of the programs.
This bill would repeal those provisions and instead require the
Superintendent to calculate a categorical block grant for charter
schools using a formula based on the supplemental block grants
established by the bill as described in (1) above. The bill also
would prohibit charter schools from separately applying for funding
pursuant to any of the categorical programs included in the
supplemental block grants.
This bill would make an appropriation by allowing funds that are
continuously appropriated for purposes of the After School Education
and Safety Program to be used for other categorical purposes.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The 2007 "Getting Down to Facts" studies note that "the highly
prescriptive finance and governance systems thwart incentives for
higher achievement and local schools and districts in their efforts
to meet the needs of their students." Additionally, the studies note:
"What matters most are the ways in which the available resources and
any new resources are used." The studies make clear that California'
s education system is not making the most efficient use of its
current resources.
(2) Research has failed to show that any one program will result
in consistent academic progress or lasting incentives to prevent
pupils from dropping out of school. Research has shown that school
culture and strong leadership are the keys to pupil success.
Therefore, block grants will allow school districts the needed
flexibility to prioritize funding to best meet the needs of the
pupils and families they serve.
(3) Relaxing many of the restrictions on the use of school funding
is one step in the direction of greater school finance reform that
results in more local flexibility and fewer administrative
restrictions to enable schools to best meet the needs of their pupils
and families.
(4) Categorical programs are created when an entity perceives the
need for specialized, restricted funding, often resulting in limiting
access to the funding by many school districts and their pupils.
Research has shown that, despite pupil characteristics, all pupils
can learn if they have appropriate school leadership and a structured
and enthusiastic learning environment. The Legislature recognizes
that it cannot create such environments through legislation.
Therefore, it is the intent of the Legislature to ease the
administrative and fiscal burden on school districts, so that they
may utilize their resources in the best manner to create sound
learning environments for all pupils. The Legislature recognizes that
creating a culture of learning for all pupils is the fundamental
responsibility of each local educational agency. The Legislature
further recognizes that it is the fundamental responsibility of a
local educational agency to properly prioritize its funding from all
sources in order to provide the proper educational setting to offer
all its pupils an opportunity to succeed academically.
(b) It is therefore the intent of the Legislature in enacting this
act to accomplish all of the following:
(1) Address the continuing concerns regarding the fragmentation of
supplementary funding sources and the need for flexibility in order
to respond to the special needs of all pupils.
(2) Refocus attention on the effect that the expenditure of
categorical program funds has on pupil learning rather than on state
spending and compliance with operational rules for categorical
programs.
(3) Improve school performance by doing all of the following:
(A) Provide schools increased flexibility in the use of available
funds in exchange for accountability.
(B) Ensure that funds intended for services to disadvantaged
pupils and schools are expended for their stated purpose.
(C) Ensure that local governing boards develop and adopt the
highest possible standards for pupils. The standards shall be as
rigorous as current state standards and any standards that may be
adopted pursuant to subsequent legislation.
(4) Accomplish the goals set forth in paragraphs (1) to (3),
inclusive, by establishing block grants to be composed of funding for
certain current categorical education programs.
(5) Consolidate those programs, other than the base grants, to
ensure that the block grants provide supplemental funding for
services beyond core educational services.
SEC. 2. Chapter 4 (commencing with Section 400) of Part 1 of
Division 1 of Title 1 of the Education Code is repealed.
SEC. 3. Article 8 (commencing with Section 8150) of Chapter 1 of
Part 6 of Division 1 of Title 1 of the Education Code is repealed.
SEC. 4. Article 4 (commencing with Section 37252) of Chapter 2 of
Part 22 of Division 3 of Title 2 of the Education Code is repealed.
SEC. 5. Section 41311 of the Education Code is repealed.
41311. It is the intent of the Legislature that the Child
Nutrition Program shall provide permanent financial assistance to
eligible school districts, county superintendents of schools, local
agencies, private schools, parochial schools, and child development
programs, for implementing the school meal program. That financial
assistance shall be used to reimburse the cafeteria account of school
districts, county superintendents of schools, local agencies,
private schools, parochial schools, and child development programs,
based upon the number of qualifying meals served to students.
SEC. 6. Chapter 3.2 (commencing with Section 41500) of Part 24 of
Division 3 of Title 2 of the Education Code is repealed.
SEC. 7. Chapter 3.2 (commencing with Section 41500) is added to
Part 24 of Division 3 of Title 2 of the Education Code, to read:
CHAPTER 3.2. CATEGORICAL EDUCATION BLOCK GRANT FUNDING
Article 1. General Provisions
41500. (a) Notwithstanding any other provision of law, a school
district and county office of education may expend in a fiscal year
up to 50 percent of the amount apportioned for the block grants set
forth in this chapter for any other categorical program for which the
school district or county office is eligible for funding, including
programs whose funding is not included in any of the block grants
established pursuant to this chapter. The total amount of funding a
school district or county office of education may expend for a
program to which funds are transferred pursuant to this section shall
not exceed 155 percent of the amount of state funding allocated to
the school district or county office for purposes of that program in
a fiscal year. For purposes of this subdivision, "total amount" means
the amount of state funding allocated to a school district or county
office for purposes of a particular program in a fiscal year plus
the amount transferred in that fiscal year to that program pursuant
to this section.
(b) Before a school district or county office of education expends
funds pursuant to this section, the governing board of the school
district or the county board of education, as applicable, shall
discuss the matter at a noticed public meeting.
(c) A school district or county office of education shall track
transfers made pursuant to this section.
41501. The department annually shall compile and update
information for each state and federal categorical education program,
including the distribution of funds from each program to each school
district and county office of education, in a form similar to the
November 2003 audit of the department performed by the Bureau of
State Audits.
41502. In consolidating the programs described in Sections 41506,
41511, 41516, 41521, 41526, and 41531, the Legislature acknowledges
the differing needs of school districts while maintaining appropriate
levels of funding for specific areas, including teacher quality,
instructional materials, and school facilities.
Article 2. Supplemental Professional and Staff Development
Block Grant
41505. (a) There is hereby established the Supplemental
Professional and Staff Development Block Grant. Notwithstanding any
other provision of law, commencing with the 2009-10 fiscal year, the
Superintendent shall apportion block grant funds to school districts
based on the number of teachers employed by the school district in
the immediately preceding fiscal year. For purposes of this
subdivision, because of the circumstances of deferrals and deficits,
funding received in the 2008-09 fiscal year, shall include funding
attributable to the 2008-09 fiscal year regardless of the actual date
of its receipt.
(b) A school district may expend funds received pursuant to this
article for any purpose authorized by the programs listed in Section
41506.
(c) For purposes of this article, "school district" includes a
county office of education if county offices of education are
eligible to receive funds for the programs that are listed in Section
41506. The block grant of a county office of education shall be
based only on those programs for which it was eligible to receive
funds in the 2008-09 fiscal year.
41506. The Supplemental Professional and Staff Development Block
grant shall include the funding previously apportioned to school
districts for the purposes of all of the following programs:
(a) Staff development as set forth in Article 7.5 (commencing with
Section 44579) of Chapter 3 of Part 25, as it read on December 31,
2005.
(b) Teaching as a Priority Block Grant as set forth in Chapter
3.36 (commencing with Section 44735) of Part 25, as it read on
December 31, 2009.
(c) (1) Beginning teacher support and assessment as set forth in
Article 4.5 (commencing with Section 44279.1) of Chapter 2 of Part
25, as it read on December 31, 2009.
(2) For purposes of issuing teaching credentials, certificates, or
other authorizations, the Commission on Teacher Credentialing shall
approve the programs described in paragraph (1). To ensure the
Superintendent has the requisite information to allocate funding
based on the number of participating credential candidates pursuant
to this subdivision, the commission shall inform the Superintendent
on an ongoing basis of the approval status of these programs and
numbers of participating candidates in each approved program.
(d) Mathematics and Reading Professional Development Program as
set forth in Article 3 (commencing with Section 99230) of Chapter 5
of Part 65 of Division 14 of Title 3, as it read on December 31,
2009.
(e) Bilingual Teacher Training Assistance Program as set forth in
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28 of
Division 4, as it read on December 31, 2009.
(f) California Peer Assistance and Review Program for Teachers as
set forth in Article 4.5 (commencing with Section 44500) of Chapter 3
of Part 25, as it read on December 31, 2009.
(g) Reader assistant services as set forth in Section 44925.
(h) Alternative certification programs as set forth in Article 11
(commencing with Section 44380) of Chapter 2 of Part 25, as it read
on December 31, 2009.
(i) California School Paraprofessional Teacher Training Program as
set forth in Article 12 (commencing with Section 44390) of Chapter 2
of Part 25, as it read on December 31, 2009.
(j) Teacher assignment monitoring as set forth in Section 44258.9.
(k) Certificated Staff Mentoring Program as set forth in Article 6
(commencing with Section 44560) of Chapter 3 of Part 25, as it read
on December 31, 2009.
(l) National Board for Professional Teaching Standards
Certification Incentive Program as set forth in Article 13
(commencing with Section 44395) of Chapter 2 of Part 25, as it read
on December 31, 2009.
(m) Subject matter projects as set forth in Article 1 (commencing
with Section 99200) of Chapter 5 of Part 65 of Division 14 of Title
3, as it read on December 31, 2009.
(n) Administrator Training Program as set forth in Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25, as it read
on December 31, 2009.
(o) Chief Business Officer Training Program as set forth in
Article 4.8 (commencing with Section 44518) of Chapter 3 of Part 25,
as it read on December 31, 2009.
(p) Teacher dismissal apportionments for claims received pursuant
to Section 44944.
(q) Education Technology Staff Development Program as set forth in
Chapter 3.34 (commencing with Section 44730) of Part 25, as it read
on December 31, 2009.
(r) Education Technology Professional Development Program as set
forth in Section 52272, as it read on December 31, 2009.
(s) California Professional Development Institutes as set forth in
Article 2 (commencing with Section 99220) of Chapter 5 of Part 65 of
Division 14 of Title 3, as it read on December 31, 2009.
41507. Commencing with the 2010-11 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation and for growth as measured by the regular
average daily attendance used to calculate the second principal
apportionment for kindergarten and grades 1 to 12, inclusive, as
provided for in the annual Budget Act.
Article 3. Supplemental Academic Support for At-Risk Pupils
Block Grant
41510. (a) There is hereby established the Supplemental Academic
Support for At-Risk Pupils Block Grant. Notwithstanding any other
provision of law, commencing with the 2009-10 fiscal year, the
Superintendent shall apportion block grant funds to a school district
in the same relative statewide proportion that the school district
received in the 2008-09 fiscal year for the programs listed in
Section 41511, adjusted for changes in program participation by
school districts in the 2000-10 fiscal year and each fiscal year
thereafter. For purposes of this subdivision, funding received in the
2008-09 fiscal year, because of the circumstances of deferrals and
deficits, shall include funding attributable to the 2008-09 fiscal
year regardless of the actual date of its receipt.
(b) A school district may expend funds received pursuant to this
article for any purpose authorized by the programs listed in Section
41511 or for costs associated with providing pupils at risk of
academic failure with supplemental education services pursuant to the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6316(e)).
(c) As a condition of receiving funds from the block grant
pursuant to this article, a school district shall publicly report at
a regularly scheduled board meeting the proportion of pupils scoring
"below basic" or "far below basic" on the mathematics and language
arts portions of the California Standards Tests for grades 3, 6, and
9, and describe how it is utilizing funds from the block grant to
address the academic needs of pupils at risk of academic failure.
(d) For purposes of this article, "school district" includes a
county office of education if county offices of education are
eligible to receive funds for the programs that are listed in Section
41511. The block grant of a county office of education shall be
based only on those programs for which it was eligible to receive
funds in the 2008-09 fiscal year.
41511. The Supplemental Academic Support for At-Risk Pupils Block
Grant shall include funding previously apportioned to school
districts for purposes of the following programs:
(a) Supplemental instruction as set forth in Article 1 (commencing
with Section 53025) of Chapter 16 and Chapter 18 (commencing with
Section 53091) of Part 28 of Division 4, as those provisions read on
December 31, 2005.
(b) Continuation high schools as set forth in Section 42243.7, as
it read on December 31, 2009.
(c) High-Risk Youth Education and Public Safety Program as set
forth in Part 26.95 (commencing with Section 47750) of Division 4, as
it read on December 31, 2005.
(d) Tenth grade counseling as set forth in Sections 48431.6 and
48431.7, as those provisions read on December 31, 2005.
(e) Opportunity programs as set forth in Article 2 (commencing
with Section 48630) and Article 2.3 (commencing with Section 48643)
of Chapter 4 of Part 27 of Division 4, as those provisions read on
December 31, 2005. The supplemental academic support for at-risk
pupils block grant shall not include funding apportioned to county
offices of education for opportunity schools and programs
administered under Sections 48640 and 48641, as those provisions read
on December 31, 2005.
(f) (1) Dropout prevention and recovery as set forth in Article 6
(commencing with Section 52890) of Chapter 12 of Part 28 of Division
4, as those provisions read on December 31, 2009, and Article 7
(commencing with Section 52900) of Chapter 12 of Part 28 of Division
4, Article 3 (commencing with Section 54660) and Article 7
(commencing with Section 54720) of Chapter 9 of Part 29 of Division
4, and Chapter 3.5 (commencing with Section 58550) of Part 31 of
Division 4, as those provisions read on December 31, 2005. A school
district that received funds pursuant to the programs listed in this
subdivision in the 2004-05 fiscal year shall utilize funds received
pursuant to this article to maintain at least the same number of
outreach consultants as described in Section 52890 that were utilized
by the school district in the 2004-05 fiscal year.
(2) A school district shall place consultants in schools that have
at least 50 percent of pupils eligible for the federal free and
reduced-priced lunch program and that are eligible for funds under
Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.).
(g) Early intervention for school success as set forth in Article
4.5 (commencing with Section 54685) of Chapter 9 of Part 29 of
Division 4, as it read on December 31, 2005.
(h) The early intervention program for at-risk pupils operated by
the Los Angeles Unified School District as set forth in Section 41 of
Chapter 299 of the Statutes of 1997.
(i) (1) The targeted instructional improvement block grant as set
forth in Article 6 (commencing with Section 41540) of Chapter 3.2, as
it read on December 31, 2009, including both of the following
programs:
(A) Targeted instructional improvement as set forth in Chapter 2.5
(commencing with Section 54200) of Part 29 of Division 4, as it read
on December 31, 2005.
(B) Supplemental grants as set forth in Article 9 (commencing with
Section 54760) of Chapter 9 of Part 29 of Division 4, as it read on
December 31, 2005.
(2) In expending funds received pursuant to this article, a school
district shall give first priority to funding the costs of a
court-ordered desegregation program if the order exists and is still
in force.
(j) Economic impact aid as set forth in Article 2 (commencing with
Section 54020) of Chapter 1 of Part 29 of Division 4, as it read on
December 31, 2009.
(k) Summer school as set forth in Article 4 (commencing with
Section 37252) of Chapter 2 of Part 22, as it read on December 31,
2009.
(l) High Priority Schools Grant program as set forth in Article
3.5 (commencing with Section 52055.600) of Chapter 6.1 of Part 28 of
Division 4, as it read on December 31, 2009.
(m) Supplemental instruction for pupils at risk of failing the
high school exit examination as set forth in Section 37254, as it
read on December 31, 2009.
(n) English Language Acquisition Program as set forth in Chapter 4
(commencing with Section 400) of Part 1 of Division 1 of Title 1, as
it read on December 31, 2009.
(o) California School Age Families Education Program as set forth
in Article 7.1 (commencing with Section 54740) of Chapter 9 of Part
29 of Division 4, as it read on December 31, 2009.
(p) Community day schools as set forth in Article 3 (commencing
with Section 48660) of Chapter 4 of Part 27 of Division 4, as it read
on December 31, 2009.
(q) Community-based English tutoring programs as set forth in
Article 4 (commencing with Section 315) of Chapter 3 of Part 1 of
Division 1 of Title 1.
(r) Educational services for foster youth as set forth in Chapter
11.3 (commencing with Section 42920), as it read on December 31,
2009.
(s) Advancement Via Individual Determination programs as funded
pursuant to Item 6110-130-0001 of Section 2.00 of the annual Budget
Act.
(t) Advanced placement fee waiver program as set forth in Section
52244, as it read on December 31, 2009.
41512. Commencing with the 2010-11 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation and for growth as measured by the regular
average daily attendance used to calculate the second principal
apportionment for kindergarten and grades 1 to 12, inclusive, as
provided for in the annual Budget Act.
Article 4. Supplemental Academic Support Block Grant
41515. (a) There is hereby established the Supplemental Academic
Support Block Grant. Notwithstanding any other provision of law,
commencing with the 2009-10 fiscal year, the Superintendent shall
apportion block grant funds to a school district in the same relative
statewide proportion that the school district received in the
2008-09 fiscal year for the programs listed in Section 41516,
adjusted for changes in program participation by school districts in
the 2009-10 fiscal year and each fiscal year thereafter. For purposes
of this subdivision, because of the circumstances of deferrals and
deficits, funding received in the 2008-09 fiscal year shall, include
funding attributable to the 2008-09 fiscal year regardless of the
actual date of its receipt.
(b) A school district may expend funds received pursuant to this
article for any purpose authorized by the programs listed in Section
41516.
(c) For purposes of this article, "school district" includes a
county office of education if county offices of education are
eligible to receive funds for the programs that are listed in Section
41516. The block grant of a county office of education shall be
based only on those programs for which it was eligible to receive
funds in the 2008-09 fiscal year.
41516. The Supplemental Academic Support Block Grant shall
include the funding previously apportioned to school districts for
the purposes of the following programs:
(a) School library materials as set forth in Article 7 (commencing
with Section 18180) of Chapter 2 of Part 11 of Division 1 of Title
1, as it read on December 31, 2005.
(b) School improvement programs as set forth in Chapter 6
(commencing with Section 52000) of Part 28 of Division 4, as it read
on December 31, 2005.
(c) State Instructional Materials Fund as set forth in Article 3
(commencing with Section 60240) of Chapter 2 of Part 33 of Division
4, as it read on December 31, 2009.
(d) Middle and High School Supplemental School Counseling Program
as set forth in Article 4.5 (commencing with Section 52378) of
Chapter 9 of Part 28 of Division 4, as it read on December 31, 2009.
(e) Arts and Music Block Grant as funded pursuant to Item
6110-265-0001 of Section 2.00 of the annual Budget Act.
(f) Gifted and Talented Pupil Program as set forth in Chapter 8
(commencing with Section 52200) of Part 28 of Division 4, as it read
on December 31, 2009.
(g) Specialized secondary programs as set forth in Chapter 6
(commencing with Section 58800) of Part 31 of Division 4, as it read
on December 31, 2009.
(h) International Baccalaureate Diploma Program as authorized by
Chapter 12.5 (commencing with Section 52920) of Part 28 of Division
4, as it read on December 31, 2009.
(i) Center for Civic Education as funded pursuant to Item
6110-208-0001 of Section 2.00 of the annual Budget Act.
41517. Commencing with the 2010-11 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation and for growth as measured by the regular
average daily attendance used to calculate the second principal
apportionment for kindergarten and grades 1 to 12, inclusive, as
provided for in the annual Budget Act.
Article 5. Supplemental Operational Support Block Grant
41520. (a) There is hereby established the Supplemental
Operational Support Block Grant. Notwithstanding any other provision
of law, commencing with the 2009-10 fiscal year, the Superintendent
shall apportion block grant funds to a school district in the same
relative statewide proportion that the school district received in
the 2008-09 fiscal year for the programs listed in Section 41521,
adjusted for changes in program participation by school districts in
the 2009-10 fiscal year and each fiscal year thereafter. For purposes
of this subdivision, because of the circumstances of deferrals and
deficits, funding received in the 2008-09 fiscal year shall, include
funding attributable to the 2008-09 fiscal year regardless of the
actual date of its receipt.
(b) A school district may expend funds received pursuant to this
article for any purpose authorized by the programs listed in Section
41521.
(c) For purposes of this article, "school district" includes a
county office of education if county offices of education are
eligible to receive funds for the programs that are listed in Section
41521. The block grant of a county office of education shall be
based only on those programs for which it was eligible to receive
funds in the 2008-09 fiscal year.
41521. The Supplemental Operational Support Block Grant shall
include the funding previously apportioned to school districts for
the purposes of all of the following programs:
(a) Home-to-school transportation as set forth in Article 10
(commencing with Section 41850) of Chapter 5, and small school
district transportation as set forth in Article 4.5 (commencing with
Section 42290) of Chapter 7, as those provisions read on December 31,
2009.
(b) School Safety Consolidated Competitive Grant as set forth in
Article 3 (commencing with Section 41510) of Chapter 3.2, as it read
on December 31, 2009, including all of the following programs:
(1) Safe school planning and partnership minigrants as funded
pursuant to Item 6110-226-0001 of Section 2.00 of the annual Budget
Act.
(2) School community policing as set forth in Article 6
(commencing with Section 32296) of Chapter 2.5 of Part 19 of Division
1 of Title 1, as it read on December 31, 2007.
(3) Gang risk intervention programs as set forth in Chapter 5.5
(commencing with Section 58730) of Part 31 of Division 4, as it read
on December 31, 2005.
(4) Safety plans for new schools as funded pursuant to Item
6110-228-0001 of Section 2.00 of the annual Budget Act. Grant funds
distributed to a school district in order to carry out the purpose of
this subdivision are additional revenue within the meaning of
subdivision (e) of Section 17556 of the Government Code for any
reimbursable mandated cost claim for the development of school safety
plans as required by Section 32281. A school district that accepts
funds in order to implement this subdivision shall reduce its
estimated and actual mandate reimbursement claim by the amount of
funding provided to it in order to implement this subdivision.
(5) School community violence prevention as funded pursuant to
Item 6110-228-0001 of Section 2.00 of the annual Budget Act.
(6) Conflict resolution as funded pursuant to Item 6110-228-0001
of Section 2.00 of the annual Budget Act.
(c) Educational technology
as set forth in Chapter 3.34 (commencing with Section 44730) of Part
25 and Article 15 (commencing with Section 51870) of Chapter 5 of
Part 28 of Division 4, as it read on December 31, 2009.
41522. Commencing with the 2010-11 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation and for growth as measured by the regular
average daily attendance used to calculate the second principal
apportionment for kindergarten and grades 1 to 12, inclusive, as
provided for in the annual Budget Act.
Article 6. Supplemental Career Technical Education Block Grant
41525. (a) There is hereby established the Supplemental Career
Technical Education Block Grant. Notwithstanding any other provision
of law, commencing with the 2009-10 fiscal year, the Superintendent
shall apportion block grant funds to a school district in the same
relative statewide proportion that the school district received in
the 2008-09 fiscal year for the programs listed in Section 41526,
adjusted for changes in program participation by school districts in
the 2009-10 fiscal year and each fiscal year thereafter. For purposes
of this subdivision, because of the circumstances of deferrals and
deficits, funding received in the 2008-09 fiscal year shall, include
funding attributable to the 2008-09 fiscal year regardless of the
actual date of its receipt.
(b) A school district may expend funds received pursuant to this
article for any purpose authorized by the programs listed in Section
41526.
(c) For purposes of this article "school district" includes a
county office of education if county offices of education are
eligible to receive funds for the programs that are listed in Section
41526. The block grant of a county office of education shall be
based only on those programs for which it was eligible to receive
funds in the 2008-09 fiscal year.
41526. The Supplemental Career Technical Education Block Grant
shall include the funding previously apportioned to school districts
for the purposes of the following programs:
(a) Partnership academies as set forth in Article 5 (commencing
with Section 54690) of Chapter 9 of Part 29 of Division 4, as it read
on December 31, 2009.
(b) Apprenticeship education as set forth in Article 8 (commencing
with Section 8150) of Chapter 1 of Part 6 of Division 1 of Title 1,
as it read on December 31, 2009.
(c) Agricultural Career Technical Education Incentive Program as
set forth in Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28 of Division 4, as it read on December 31, 2009.
41527. Commencing with the 2010-11 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation and for growth as measured by the regular
average daily attendance used to calculate the second principal
apportionment for kindergarten and grades 1 to 12, inclusive, as
provided for in the annual Budget Act.
Article 7. Supplemental Pupil Support Block Grant
41530. (a) There is hereby established the Supplemental Pupil
Support Block Grant. Notwithstanding any other provision of law,
commencing with the 2009-10 fiscal year, the Superintendent shall
apportion block grant funds to a school district in the same relative
statewide proportion that the school district received in the
2008-09 fiscal year for the programs listed in Section 41531,
adjusted for changes in program participation by school districts in
the 2009-10 fiscal year and each fiscal year thereafter. For purposes
of this subdivision, funding received in the 2008-09 fiscal year
shall, because of the circumstances of deferrals and deficits,
include funding attributable to the 2008-09 fiscal year regardless of
the actual date of its receipt.
(b) A school district may expend funds received pursuant to this
article for any purpose authorized by the programs listed in Section
41531.
(c) For purposes of this article, "school district" includes a
county office of education if county offices of education are
eligible to receive funds for the programs that are listed in Section
41531. The block grant of a county office of education shall be
based only on those programs for which it was eligible to receive
funds in the 2008-09 fiscal year.
41531. The Supplemental Pupil Support Block Grant shall include
the funding previously apportioned to school districts for the
purposes of all of the following programs:
(a) After School and Education Safety Program as set forth in
Article 22. 5 (commencing with Section 8482) of Chapter 2 of Part 6
of Division 1 of Title 1.
(b) Child nutrition programs as set forth in Sections 41311,
49501, 49536, 49550, 49552, and 49559 and Article 11.5 (commencing
with Section 49565) of Chapter 9 of Part 27 of Division 4, as those
provisions read on December 31, 2009.
(c) Oral health assessments as set forth in Section 49452.8, as it
read on December 31, 2009.
(d) Child nutrition breakfast and summer food service program as
set forth in Article 11 (commencing with Section 49550) of Chapter 9
of Part 27 of Division 4, as it read on December 31, 2009.
(e) American Indian Early Childhood Education Program as set forth
in Chapter 6.5 (commencing with Section 52060) of Part 28 of
Division 4, as it read on December 31, 2009.
(f) Pupil leadership activities as funded pursuant to Item
6110-242-0001 of Section 2.00 of the annual Budget Act.
41532. Commencing with the 2010-11 fiscal year, the amount of
funding a school district receives pursuant to this article shall be
adjusted for inflation and for growth as measured by the regular
average daily attendance used to calculate the second principal
apportionment for kindergarten and grades 1 to 12, inclusive, as
provided for in the annual Budget Act.
SEC. 8. Article 10 (commencing with Section 41850) of Chapter 5 of
Part 24 of Division 3 of Title 2 of the Education Code is repealed.
SEC. 9. Section 42243.7 of the Education Code is repealed.
42243.7. (a) For any school district that commenced operations on
or after June 30, 1978, or for any school district that receives
approval from the department for a new continuation education high
school for the 1979-80 fiscal year, or any fiscal year thereafter,
the Superintendent of Public Instruction shall compute an adjustment
to the district revenue limit pursuant to this section.
(b) Determine the amount of foundation program that the district
would have been entitled to pursuant to subdivision (a) of Section
41711, as that section read on July 1, 1977, if the district had
operated during the 1977-78 fiscal year, utilizing the number of
units of average daily attendance attending high school in the
district in the fiscal year for which the revenue limit is being
computed.
(c) Determine the amount of foundation program that the district
would have been entitled to pursuant to paragraph (1) of subdivision
(b) of Section 41711, as that section read on July 1, 1977, if the
district had operated during the 1977-78 fiscal year, utilizing the
same number of units of average daily attendance used in subdivision
(b) of this section.
(d) Subtract the amount determined pursuant to subdivision (c)
from the amount computed pursuant to subdivision (b).
(e) The amount computed pursuant to subdivision (d), if greater
than zero, shall be added to the revenue limit computed pursuant to
subdivision (c) of Section 42237 or pursuant to Section 42238. If the
amount in subdivision (d) is less than zero there is no adjustment.
(f) The Superintendent of Public Instruction shall reduce by the
amount computed pursuant to subdivision (e) the revenue limit
computed pursuant to Section 42238 of any district discontinuing the
operation of a continuation education school approved pursuant to
subdivision (a).
(g) (1) For the 1994-95 to 2002-03 fiscal years, inclusive, the
adjustment computed pursuant to this section may not be adjusted by
the deficit factor applied to the revenue limit of each school
district pursuant to Section 42238.145.
(2) For the 2003-04 fiscal year and each fiscal year thereafter,
the revenue limit reduction specified in Section 42238.146 may not be
applied to the adjustment computed pursuant to this section.
(h) The adjustment computed pursuant to this section for a new
continuation education high school may be applicable for any unified
school district that was not fully operational during the first year
of operation of the continuation education high school. The number of
units of average daily attendance to be used in computing the
adjustment shall be the number of units of average daily attendance
generated by the continuation education high school in the district
for the first year that the district is fully operational in all
grades.
(i) In the 1998-99 fiscal year and each fiscal year thereafter,
the ranges of average daily attendance resulting from the calculation
set forth in this section pursuant to Section 41711, as that section
read on July 1, 1977, shall be reduced by the statewide average
percentage that absences excused pursuant to subdivision (b) of
Section 46010, as that section read on July 1, 1996, were of total
second principal apportionment regular average daily attendance for
high schools in 1996-97, with the reduced ranges then rounded to the
nearest integer.
(j) Commencing with the 2005-06 fiscal year and notwithstanding
any provision of law, the amount of the adjustment calculated
pursuant to this section shall not be added to the revenue limit of a
school district, but shall be used in determining the amount of the
pupil retention block grant awarded a school district pursuant to
Article 1 (commencing with Section 41500) of Chapter 3.2.
SEC. 10. Article 4.5 (commencing with Section 42290) of Chapter 7
of Part 24 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 11. Chapter 11.3 (commencing with Section 42920) of Part 24
of Division 3 of Title 2 of the Education Code is repealed.
SEC. 12. Article 4.5 (commencing with Section 44279.1) of Chapter
2 of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 13. Article 11 (commencing with Section 44380) of Chapter 2
of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 14. Article 12 (commencing with Section 44390) of Chapter 2
of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 15. Article 13 (commencing with Section 44395) of Chapter 2
of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 16. Article 4.5 (commencing with Section 44500) of Chapter 3
of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 17. Article 4.6 (commencing with Section 44510) of Chapter 3
of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 18. Article 6 (commencing with Section 44560) of Chapter 3 of
Part 25 of Division 3 of Title 2 of the Education Code is repealed.
SEC. 19. Chapter 3.34 (commencing with Section 44730) of Part 25
of Division 3 of Title 2 of the Education Code is repealed.
SEC. 20. Chapter 3.36 (commencing with Section 44735) of Part 25
of Division 3 of Title 2 of the Education Code is repealed.
SEC. 21. Section 47634 is added to the Education Code, to read:
47634. (a) In each fiscal year, the Superintendent shall
calculate a categorical block grant for each charter school as
follows:
(1) Subtract the statewide total amount of funding per identified
educationally disadvantaged pupil received by school districts in the
current fiscal year pursuant to Article 2 (commencing with Section
54020) of Chapter 1 of Part 29, as it read on December 31, 2009, from
the statewide total amount of funding appropriated in the current
fiscal year for purposes of the programs included in the block grants
established in Chapter 3.2 (commencing with Section 41500) of Part
24 of Division 3.
(2) Divide the amount calculated in paragraph (1) by the statewide
total average daily attendance, as determined at the second
principal apportionment for the current fiscal year.
(3) Multiply the amount calculated in paragraph (2) by the average
daily attendance of the charter school, as determined at the second
principal apportionment of the current fiscal year.
(4) Multiply the statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, as it read on December 31, 2009, by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, shall not be less than
the minimum amount of economic impact aid funding to which a school
district of similar size would be entitled pursuant to Section 54022,
as it read on December 31, 2009. For purposes of this subdivision, a
pupil who is eligible for subsidized meals pursuant to Section
49552, as it read on December 31, 2009, and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
(5) Add the amounts calculated in paragraphs (3) and (4). The
resulting amount shall be the charter school categorical block grant
that the Superintendent shall apportion to each charter school from
funds appropriated for this purpose in the annual Budget Act or
another statute.
(b) Notwithstanding any other provision of law, a charter school
shall not separately apply for funding pursuant to any of the
categorical programs included in the block grants established in
Chapter 3.2 (commencing with Section 41500) of Part 24 of Division 3.
SEC. 22. Section 47634.1 of the Education Code is repealed.
47634.1. (a) Notwithstanding subdivision (a) of Section 47634, a
categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:
(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual Budget
Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average daily
attendance, as determined at the second principal apportionment for
the 2005-06 fiscal year.
(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29. This amount shall be multiplied by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, may not be less than the
minimum amount of Economic Impact Aid funding to which a school
district of similar size would be entitled pursuant to Section 54022.
For purposes of this subdivision, a pupil who is eligible for
subsidized meals pursuant to Section 49552 and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
(3) For each charter school, the Superintendent shall multiply the
amount calculated in paragraph (1) by the school's average daily
attendance as determined at the second principal apportionment for
the 2005-06 fiscal year.
(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on prior
year average daily attendance as determined at the second principal
apportionment or, for a charter school in its first year of operation
that commences instruction on or before September 30, 2005, on
estimates of average daily attendance for the current fiscal year
determined pursuant to Section 47652.
(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2006-07 fiscal year. This amount shall be supplemented by the
amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, may not be less than the minimum amount
of Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2007-08 fiscal year. For each fiscal year thereafter, this per
unit amount shall be adjusted for the cost-of-living adjustment, as
determined pursuant to Section 42238.1, for that fiscal year. This
amount shall be supplemented in the 2007-08 fiscal year and each
fiscal year thereafter by the amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part 29,
shall be multiplied by the number of economic impact aid-eligible
pupils enrolled in the charter school. The resulting amount, if
greater than zero, may not be less than the minimum amount of
Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(d) It is the intent of the Legislature to fully fund the
categorical block grant for charter schools as specified in this
section and to appropriate additional funding that may be needed in
order to compensate for unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, in charter schools. In any fiscal year in which the
department identifies a deficiency in the categorical block grant,
the department shall identify the available balance for programs that
count towards meeting the requirements of Section 8 of Article XVI
of the California Constitution and have unobligated funds for the
year. On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 30 days of any transfer made pursuant to this
section.
(e) Commencing October 1, 2007, the Legislative Analyst's Office
shall triennially convene a work group to review, commencing with
appropriations proposed for the 2008-09 fiscal year, the
appropriateness of the funding level provided by the categorical
block grant established in this section.
(f) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.
SEC. 23. Section 47634.4 of the Education Code is repealed.
47634.4. (a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.
(b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may, in cooperation with its
chartering authority, apply for federal and state categorical
programs not specified in this section, but only to the extent it is
eligible for funding and meets the provisions of the program.
(c) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, a charter school may not
apply directly for categorical programs for which services are
exclusively or almost exclusively provided by a county office of
education.
(d) Consistent with subdivision (c), a charter school may not
receive direct funding for any of the following county-administered
categorical programs:
(1) American Indian Education Centers.
(2) The California Association of Student Councils.
(3) California Technology Assistance Project established pursuant
to Article 15 (commencing with Section 51870) of Chapter 5 of Part
28.
(4) The Center for Civic Education.
(5) County Office Fiscal Crisis and Management Assistance Team.
(6) The K-12 High Speed Network.
(e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).
(f) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, in addition to the
programs listed in subdivision (d), a charter school may not apply
for any of the following categorical programs:
(1) Agricultural Career Technical Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28.
(2) Bilingual Teacher Training Assistance Program, as set forth in
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28.
(3) California Peer Assistance and Review Program for Teachers, as
set forth in Article 4.5 (commencing with Section 44500) of Chapter
3 of Part 25.
(4) College preparation programs, as set forth in Chapter 12
(commencing with Section 11020) of Part 7, Chapter 8.3 (commencing
with Section 52240) of Part 28, and Chapter 8 (commencing with
Section 60830) of Part 33.
(5) English Language Acquisition Program, as set forth in Chapter
4 (commencing with Section 400) of Part 1.
(6) Foster youth programs pursuant to Chapter 11.3 (commencing
with Section 42920) of Part 24.
(7) Gifted and talented pupil programs pursuant to Chapter 8
(commencing with Section 52200) of Part 28.
(8) Home-to-school transportation programs, as set forth in
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5
and Article 10 (commencing with Section 41850) of Chapter 5 of Part
24.
(9) International Baccalaureate Diploma Program, as set forth in
Chapter 12.5 (commencing with Section 52920) of Part 28.
(10) Mathematics and Reading Professional Development Program, as
set forth in Article 3 (commencing with Section 99230) of Chapter 5
of Part 65.
(11) Principal Training Program, as set forth in Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25.
(12) Professional Development Block Grant, as set forth in Article
5 (commencing with Section 41530) of Chapter 3.2 of Part 24.
(13) Program to Reduce Class Size in Two Courses in Grade 9
(formerly The Morgan-Hart Class Size Reduction Act of 1989), as set
forth in Chapter 6.8 (commencing with Section 52080) of Part 28.
(14) Pupil Retention Block Grant, as set forth in Article 2
(commencing with Section 41505) of Chapter 3.2 of Part 24.
(15) Reader services for blind teachers, as set forth in Article
8.5 (commencing with Section 45370) of Chapter 5 of Part 25.
(16) School and Library Improvement Block Grant, as set forth in
Article 7 (commencing with Section 41570) of Chapter 3.2 of Part 24.
(17) School
Safety Consolidated Competitive Grant, as set forth in Article 3
(commencing with Section 41510) of Chapter 3.2 of Part 24.
(18) School safety programs, as set forth in Article 3.6
(commencing with Section 32228) and Article 3.8 (commencing with
Section 32239.5) of Chapter 2 of Part 19.
(19) Specialized secondary schools pursuant to Chapter 6
(commencing with Section 58800) of Part 31.
(20) State Instructional Materials Fund, as set forth in Article 3
(commencing with Section 60240) of Chapter 2 of Part 33.
(21) Targeted Instructional Improvement Block Grant, as set forth
in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part
24.
(22) Teacher dismissal apportionment, as set forth in Section
44944.
(23) The deferred maintenance program, as set forth in Article 1
(commencing with Section 17565) of Chapter 5 of Part 10.5.
(24) The General Fund contribution to the State Instructional
Materials Fund pursuant to Article 3 (commencing with Section 60240)
of Chapter 2 of Part 33.
(25) Year-Round School Grant Program, as set forth in Article 3
(commencing with Section 42260) of Chapter 7 of Part 24.
SEC. 24. Article 3 (commencing with Section 48660) of Chapter 4 of
Part 27 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 25. Section 49452.8 of the Education Code is repealed.
49452.8. (a) A pupil, while enrolled in kindergarten in a public
school, or while enrolled in first grade in a public school if the
pupil was not previously enrolled in kindergarten in a public school,
no later than May 31 of the school year, shall present proof of
having received an oral health assessment by a licensed dentist, or
other licensed or registered dental health professional operating
within his or her scope of practice, that was performed no earlier
than 12 months prior to the date of the initial enrollment of the
pupil.
(b) The parent or legal guardian of a pupil may be excused from
complying with subdivision (a) by indicating on the form described in
subdivision (d) that the oral health assessment could not be
completed because of one or more of the reasons provided in
subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision
(d).
(c) A public school shall notify the parent or legal guardian of a
pupil described in subdivision (a) concerning the assessment
requirement. The notification, at a minimum, shall consist of a
letter that includes all of the following:
(1) An explanation of the administrative requirements of this
section.
(2) Information on the importance of primary teeth.
(3) Information on the importance of oral health to overall health
and to learning.
(4) A toll-free telephone number to request an application for
Healthy Families, Medi-Cal, or other government-subsidized health
insurance programs.
(5) Contact information for county public health departments.
(6) A statement of privacy applicable under state and federal laws
and regulations.
(d) In order to ensure uniform data collection, the department, in
consultation with interested persons, shall develop and make
available on the Internet Web site of the department, a standardized
notification form as specified in subdivision (c) that shall be used
by each school district. The standardized form shall include all of
the following:
(1) A section that can be used by the licensed dentist or other
licensed or registered dental health professional performing the
assessment to record information that is consistent with the
information collected on the oral health assessment form developed by
the Association of State and Territorial Dental Directors.
(2) A section in which the parent or legal guardian of a pupil can
indicate the reason why an assessment could not be completed by
marking the box next to the appropriate reason. The reasons for not
completing an assessment shall include all of the following:
(A) Completion of an assessment poses an undue financial burden on
the parent or legal guardian.
(B) Lack of access by the parent or legal guardian to a licensed
dentist or other licensed or registered dental health professional.
(C) The parent or legal guardian does not consent to an
assessment.
(e) Upon receiving completed assessments, all school districts, by
December 31 of each year, shall submit a report to the county office
of education of the county in which the school district is located.
The report shall include all of the following:
(1) The total number of pupils in the district, by school, who are
subject to the requirement to present proof of having received an
oral health assessment pursuant to subdivision (a).
(2) The total number of pupils described in paragraph (1) who
present proof of an assessment.
(3) The total number of pupils described in paragraph (1) who
could not complete an assessment due to financial burden.
(4) The total number of pupils described in paragraph (1) who
could not complete an assessment due to lack of access to a licensed
dentist or other licensed or registered dental health professional.
(5) The total number of pupils described in paragraph (1) who
could not complete an assessment because their parents or legal
guardians did not consent to their child receiving the assessment.
(6) The total number of pupils described in paragraph (1) who are
assessed and found to have untreated decay.
(7) The total number of pupils described in paragraph (1) who did
not return either the assessment form or the waiver request to the
school.
(f) Each county office of education shall maintain the data
described in subdivision (e) in a manner that allows the county
office to release it upon request.
(g) This section does not prohibit any of the following:
(1) County offices of education from sharing aggregate data
collected pursuant to this section with other governmental agencies,
philanthropic organizations, or other nonprofit organizations for the
purpose of data analysis.
(2) Use of assessment data that is compliant with the federal
Health Insurance Portability and Accountability Act of 1996 (P.L.
104-191) for purposes of conducting research and analysis on the oral
health status of public school pupils in California.
(h) This section does not preclude a school district or county
office of education from developing a schoolsite-based oral health
assessment program to meet the requirements of this section.
(i) The Office of Oral Health of the Chronic Disease Control
Branch of the State Department of Public Health shall conduct an
evaluation of the requirements imposed by this section and prepare
and submit a report to the Legislature by January 1, 2010, that
discusses improvements in the oral health of children resulting from
the imposition of those requirements. The Office of Oral Health may
receive private funds and contract with the University of California
to fulfill the duties described in this subdivision.
(j) Funds appropriated in the annual Budget Act for the activities
required by this section shall first be used to offset reimbursement
provided to local educational agencies pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code for state-mandated costs imposed by this section.
SEC. 26. Section 49501 of the Education Code is repealed.
49501. The governing board of any school district may, for
purposes of Section 49500, establish rules by which to determine
which pupils are needy except for family day care homes which shall
be reimbursed for 75 percent of the meals served. For purposes of
this article, any pupil within the category of children eligible for
aid or services under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code shall be
deemed needy.
The amendments to this section enacted by the Legislature in the
1981 portion of the 1981-82 Regular Session of the Legislature shall
apply retroactively to July 1, 1981, to the extent that they may
legally do so.
SEC. 27. Section 49536 of the Education Code is repealed.
49536. The State Department of Education shall, prior to July 1
of each year, prescribe an adjustment in the state meal contribution
rates established pursuant to this section for the forthcoming fiscal
year. The adjustments shall reflect the changes in the cost of
operating a school breakfast and lunch program and shall be made
commencing on July 1 of each year. The adjustment shall be the
average of the separate indices of the "Food Away From Home Index"
for Los Angeles and San Francisco as prepared by the United States
Bureau of Labor Statistics.
In giving effect to the cost-of-living provisions of this section,
the Department of Education shall use the same month for computation
of the percentage change in the cost of living after July 1, 1975.
The same month shall be used annually thereafter. The product of any
percentage increase or decrease in the average index and the per meal
reimbursement disbursement rate shall be adjusted by the amount of
any cost-of-living change currently in effect pursuant to the
provisions of this section.
Commencing with the 1990-91 fiscal year, the cost-of-living
adjustment shall be equal to the percentage change determined
pursuant to subdivision (b) of Section 42238.1.
SEC. 28. Article 11 (commencing with Section 49550) of Chapter 9
of Part 27 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 29. 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. 30. Article 15 (commencing with Section 51870) of Chapter 5
of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 31. Article 3.5 (commencing with Section 52055.600) of
Chapter 6.1 of Part 28 of Division 4 of Title 2 of the Education Code
is repealed.
SEC. 32. Chapter 6.5 (commencing with Section 52060) of Part 28 of
Division 4 of Title 2 of the Education Code is repealed.
SEC. 33. Article 4 (commencing with Section 52180) of Chapter 7 of
Part 28 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 34. Chapter 8 (commencing with Section 52200) of Part 28 of
Division 4 of Title 2 of the Education Code is repealed.
SEC. 35. Section 52244 of the Education Code is repealed.
52244. (a) There is hereby established a grant program for the
purpose of awarding grants to cover the costs of advanced placement
fees or International Baccalaureate examination fees, or both, for
eligible economically disadvantaged high school pupils. The
department shall administer this program.
(b) An "eligible economically disadvantaged high school pupil"
means a pupil who is either from a family whose annual household
income is below 200 percent of the federal poverty level or a pupil
who is eligible for a federal free or reduced-price meal program.
(c) A school district may apply to the department for grant
funding pursuant to this section, based on the number of economically
disadvantaged pupils in the district enrolled in advanced placement
courses who will take the next offered advanced placement
examinations. A school district that applies to the department for
this purpose shall designate school district staff to whom pupils may
submit applications for grants and shall institute a plan to notify
pupils of the availability of financial assistance pursuant to this
section. Grants shall be expended only to pay the fees required of
eligible economically disadvantaged high school pupils to take an
advanced placement or International Baccalaureate examination, or
both.
(d) An eligible economically disadvantaged high school pupil who
is enrolled in an advanced placement or International Baccalaureate
course, or both, may apply to the designated school district staff
for a grant pursuant to this section. A pupil who receives a grant
shall pay five dollars ($5) of the examination fee.
(e) School districts and county superintendents of schools may
join together and form collaboratives or consortia in order to
participate in the grant program established by this section.
(f) Grants provided pursuant to this section may not be used to
supplant fee waivers available to low-income pupils who take advanced
placement or International Baccalaureate examinations.
(g) If the total school district applications exceed the total
funds available pursuant to this section, the department shall
prorate the grants based upon the ratio of the total amount requested
to the total amount budgeted by the state for this purpose. Funding
priority shall be given to advanced placement examination fees if
there is insufficient funding allocated for the grant program in a
given fiscal year.
(h) To facilitate program administration and school district
reimbursement, the department may enter into a contract with the
provider of advanced placement or International Baccalaureate
examinations. For purposes of the contract authorized pursuant to
this subdivision, the department is exempt from the requirements of
Part 2 (commencing with Section 10100) of Division 2 of the Public
Contract Code and from the requirements of Article 6 (commencing with
Section 999) of Chapter 6 of Division 4 of the Military and Veterans
Code.
(i) The department shall make every effort to obtain and allocate
federal funding for the purposes of this program prior to expending
any state funds. All state and federal funds obtained by the
department for the purposes of this program shall be expended for
these purposes only and are prohibited from being used to fund any
other program.
(j) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 36. Section 52272 of the Education Code is repealed.
52272. (a) The Education Technology Professional Development
Program is hereby established to provide teacher training on the use
of technology in the classroom. The professional development training
shall provide teachers with knowledge and skills on how best to
integrate the use of technology into the classroom and curriculum.
(b) The California State University shall administer the
professional development training component of the program and shall
collaborate with the California Technology Assistance Project, county
offices of education, and other appropriate public and private
organizations in developing and providing this training.
(c) The Secretary for Education, in collaboration with the
Chancellor of the California State University, shall select a
contractor to conduct an independent evaluation of the effectiveness
of the Education Technology Professional Development Program. Upon
completion, the report shall be submitted to the Governor and the
Legislature by January 1, 2002.
(d) Funding for the purposes of this section is contingent on an
appropriation made for those purposes in the annual Budget Act.
SEC. 37. Article 4.5 (commencing with Section 52378) of Chapter 9
of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 38. Article 7.5 (commencing with Section 52460) of Chapter 9
of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 39. Article 6 (commencing with Section 52890) of Chapter 12
of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 40. Chapter 12.5 (commencing with Section 52920) of Part 28
of Division 4 of Title 2 of the Education Code is repealed.
SEC. 41. Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 42. Article 5 (commencing with Section 54690) of Chapter 9 of
Part 29 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 43. Article 7.1 (commencing with Section 54740) of Chapter 9
of Part 29 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 44. Chapter 6 (commencing with Section 58800) of Part 31 of
Division 4 of Title 2 of the Education Code is repealed.
SEC. 45. Article 3 (commencing with Section 60240) of Chapter 2 of
Part 33 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 46. Chapter 5 (commencing with Section 99200) of Part 65 of
Division 14 of Title 3 of the Education Code is repealed.
