Bill Text: CA SB121 | 2025-2026 | Regular Session | Amended
Bill Title: Education finance: education omnibus budget trailer bill.
Sponsorship: Committee Bill
Status: (Engrossed) 2025-06-24 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. [SB121 Detail]
Download: California-2025-SB121-Amended.html
|
Amended
IN
Assembly
June 24, 2025 |
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 121
| Introduced by Committee on Budget and Fiscal Review |
January 23, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
SB 121, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2025. Education finance: education omnibus budget trailer bill.
(1) Existing law requires a county board of education, on or before July 1 of each fiscal year, to adopt an annual budget for the budget year and file the budget with the Superintendent of Public Instruction, the county board of supervisors, and the county auditor. Existing law requires the Superintendent to examine the budget and, on or before September 15, approve, conditionally approve, or disapprove the budget, as specified. Under existing law, in the event of the conditional approval or disapproval of the budget of a county office of education, the county superintendent of schools and the county board of education are required, on or before October 8, to review and respond to the Superintendent’s recommendations, including any revisions to the adopted budget and other proposed
actions to be taken, if any, as a result of those recommendations, as provided.
This bill would require the Superintendent to, in addition to examining the budget of a county office education, review and consider studies, reports, evaluations, or audits of the county office of education that were commissioned by specified entities that contain evidence that the county office of education is showing fiscal distress according to specified standards and criteria or that contain a finding by an external reviewer that the county office of education is at moderate or high risk of intervention, as provided. The bill would additionally authorize the Superintendent to conditionally approve or disapprove a budget that does not provide adequate assurance that the county office of education will meet its current and future obligations and resolve any problems identified in the studies, reports, evaluations, or audits, as specified.
(2) Existing law requires the Superintendent to notify the county board of education and the county superintendent of schools in writing if the Superintendent determines that a county office of education will be unable to meet its financial obligations for the current or subsequent fiscal year, as provided. If the Superintendent makes that determination or if the county office of education has a negative certification, existing law requires the Superintendent to, as necessary to enable the county office of education to meet its financial obligations, take one or more specified actions. Existing law requires a county office of education to pay 75% of fees charged by the Superintendent for administrative expenses incurred for undertaking the required actions or for costs associated with improving the county office of education’s financial management practices and requires the other 25% to be covered by the Superintendent.
This bill would revise certain provisions related to the above-described requirements, including, among other things, by requiring the Superintendent to additionally notify the president of the State Board of Education, or the president’s designee, if the Superintendent determines that a county office of education will be unable to meet its financial obligations, as provided, including if a county office of education experiences a significant fiscal event that is determined by the Superintendent to have an immediate severe fiscal impact that will cause a county office of education to be unable to meet its financial obligations for the current or subsequent fiscal year. The bill would revise and recast the provision related to fees and costs to instead require a county office of education to pay 75% of, and the Superintendent to pay 25% of, specified administrative expenses incurred or costs associated with improving the county office of education’s financial management
practices.
(3) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified. Existing law authorizes the department to allocate or prorate unexpended funds returned by or collected from a grant recipient for grants to local educational agencies for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood
instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners, as provided.
This bill would extend the encumbrance, expenditure, and reversion periods for those grant funds, as specified, thereby making an appropriation.
(4) The Early Education Act establishes the California Universal Preschool Planning Grant Program with the goal of expanding access universally to preschool programs for 3- and 4-year-old children, as provided. The act requires the Superintendent to develop and administer a grant process and award grant funds to each county that applies for funding, as provided.
This bill would extend the expenditure and reversion periods for those grant funds, as specified, thereby making an appropriation. The bill would also extend the deadline by 3 years for a report to be submitted by the
Superintendent to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this program.
(5) Existing law establishes the Inclusive Early Education Expansion Program for the purpose of increasing access to inclusive early care and education programs. Existing law appropriates $250,000,000 from the General Fund to the Superintendent for allocation to local educational agencies for purposes of this program. Existing law authorizes the Superintendent to allocate up to $50,000,000 of the $250,000,000 to address state-level systems building and align local practice with the research and practice-based strategies that best promote pupil outcomes and program quality.
This bill would instead reduce the above-described allocation to $10,000,000.
(6) Existing law appropriates $2,836,660,000 in the 2021–22 fiscal year from the General Fund to the Superintendent to administer the California Community Schools Partnership Program and requires those funds to be available for encumbrance or expenditure until June 30, 2032. Existing law requires up to 72% of the funds to be available for implementation grants and at least 18% to be available for extending implementation grants, as provided.
This bill would authorize funds initially made available for implementation grants that are returned to the State Department of Education to be available for extending implementation grants. By expanding the purposes for which previously appropriated moneys may be expended, the bill would make an appropriation.
(7) Existing law requires the Controller to draw warrants on the State Treasury throughout
each year in specified amounts for purposes of apportioning funding to school districts, county offices of education, and charter schools. Existing law requires warrants in the amount of $245,604,000 scheduled to be drawn in June of the 2024–25 fiscal year to instead be drawn in July of the same calendar year, except as provided.
This bill would require the amount of the warrants scheduled to be drawn in June of the 2024–25 fiscal year to instead be $245,604,000, or the total June principal apportionment payment, whichever is less. The bill would require, for the 2025–26 fiscal year, warrants for the principal apportionments for the month of June in the amount of $1,874,781,000, or the total June principal apportionment payment, whichever is less, to instead be drawn in July of the same calendar year, except as provided.
(8) Existing law, the Leroy F. Greene State School Building Lease-Purchase Law of
1976, authorizes the State Allocation Board to apportion state funding to applicant school districts for designated school facilities construction purposes. Existing law creates a county school lease-purchase fund in the county treasury within each county for each school district project in the county. Existing law authorizes funds to be expended from the county school lease-purchase fund by the applicant school district only when specifically authorized by the board for either direct project costs or reimbursements, except as provided. Existing law prohibits the board from approving any projects pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 and requires the board to only approve and fund school facilities construction projects pursuant to the Leroy F. Greene School Facilities Act of 1998, except as provided.
This bill would provide that all funds, including any interest earned on funds, in a county school lease-purchase fund for a
school district that remain in the fund on and after January 1, 2026, shall not be reported or returned to the state and would authorize the interest to be used by the school district for capital outlay expenditures for school construction. By authorizing those state funds to be expended by a school district, the bill would make an appropriation.
(9) The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities. The act, among other things, provides that a school district is eligible for health and safety funding to replace, reconstruct, or construct new classrooms and related facilities if the school district demonstrates there is a threat to the health and safety of pupils, as provided.
This bill would separately authorize a school district to apply for hardship assistance in cases of extraordinary circumstances, as specified.
(10) Existing law creates the Learning Recovery Emergency Fund in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic. Existing law appropriates $6,345,405,000 from the General Fund to the department for transfer to the Learning Recovery Emergency Fund. Existing law requires the Superintendent to allocate these appropriated funds to school districts, county offices of education, and charter schools, as provided.
This bill would appropriate an additional $378,650,000 from the General Fund to the department
for transfer to the Learning Recovery Emergency Fund, to be allocated by the Superintendent to those local educational agencies operating in the 2025–26 fiscal year, as provided.
(11) Existing law establishes the department, under the administration of the Superintendent, and assigns to the department numerous duties relating to the financing, governance, and guidance of the public elementary and secondary schools in this state.
This bill would require, no later than September 30, 2026, the state board to approve and the department to post on its internet website criteria and guidance for the selection or development of inservice professional development programs for effective means of teaching literacy in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, with a list of inservice professional development programs that have been deemed to meet those criteria. The bill would
appropriate $200,000,000 from the General Fund to the department to make available to local educational agencies to expend from the 2026–27 fiscal year to the 2029–30 fiscal year, inclusive, for purposes of training certificated and classified staff who provide literacy instruction, or who support any teacher who provides literacy instruction, using the professional development programs that meet the criteria and guidance, as provided. The bill would require recipient local educational agencies to report specified information to the department, and would require the department to submit a summary of this information to the Legislature and the Department of Finance, as provided.
(12) Existing law requires the accounting system used to record the financial affairs of a school district to be in accordance with the definitions, instructions, and procedures published in the California School Accounting Manual, as approved by the state board and
furnished by the Superintendent.
This bill would require the accounting system used to record the financial affairs of any local educational agency, as defined, to be designed to provide a separate accounting of expenditures related to actual payments of legal settlements, judgments, or special assessments by a joint pooling arrangement, as a result of specified childhood sexual assault claims and a separate accounting of those expenditures as a result of all other civil claims, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.
(13) Existing law appropriates $50,000,000 from the General Fund to the Superintendent to apportion to the Orange County Department of Education to award no less than $30,000,000 as grants to local educational agencies for the purpose of funding schoolwide and districtwide
implementation of services or practices aligned to the Multi-Tiered Systems of Support framework. Existing law requires the grants to be awarded on or before December 15, 2021, and any funds not awarded on or before December 15, 2021, to be available for the Orange County Department of Education, in consultation with the Superintendent and the executive director of the state board, to award as grants to local educational agencies on or before December 15, 2022.
This bill would require funds not awarded on or before December 15, 2022, to be available for the Orange County Department of Education to provide support to local educational agencies impacted by the fire-related state of emergency proclaimed by the Governor in January 2025, as provided. The bill would authorize the Orange County Department of Education to expend up to 15% of those funds for administrative costs. By expanding the purposes of a previous appropriation, the bill would make an appropriation. To
the extent the bill would impose additional duties on the Orange County Department of Education, the bill would impose a state-mandated local program.
(14) Existing law requires, not later than May 1 of each fiscal year, the governing board of each local educational agency to provide for an audit of the books and accounts of the local educational agency, including an audit of income and expenditures by source of funds, or make arrangements with the county superintendent of schools having jurisdiction over the local educational agency to provide for that auditing. If the governing board of a school district has entered into a contract for an independent audit of its financial statements and the statements have not been filed according to specified due dates, existing law authorizes the county superintendent of schools to investigate the causes for the delay and initiate a specified action that will provide the required audited financial
statements in the most effective manner, including, among other actions, granting an appropriate extension for the completion of the audit and the filing of the audited statements, as provided.
This bill would require an extension granted by a county superintendent of schools to be the shortest amount of time reasonable, be in increments of no longer than 45 calendar days, and, collectively, not exceed a total of 90 calendar days from the due date established, as provided.
(15) For the 1990–91 fiscal year and each fiscal year thereafter, existing law requires that moneys to be applied by the state for the support of school districts, community college districts, and direct elementary and secondary level instructional services provided by the state be distributed in accordance with certain calculations governing the proration of those moneys among the 3 segments of public education. Existing law makes
that provision inapplicable to the 1992–93 to 2024–25 fiscal years, inclusive.
This bill would also make that provision inapplicable to the 2025–26 fiscal year.
(16) Existing law requires the governing board of a school district to report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months, as provided. Existing law requires the average daily attendance to be determined by dividing the total number of days of attendance allowed in all full school months by the number of days the schools are actually taught in all full school months, excluding Saturdays or Sundays and excluding weekend makeup classes. Existing law also excludes from those calculations attendance generated through an attendance recovery program.
This bill, relative to attendance recovery programs, would instead exclude from
those calculations only those weekend and intersession days that generated attendance for an attendance recovery program.
(17) Existing law prohibits the Superintendent from making an apportionment for the current fiscal year of state or federal moneys for a county office of education that neglects or refuses to make a county office of education budget or neglects to file specified interim reports, as provided.
This bill would additionally prohibit the Superintendent from making an apportionment for a county office of education if the county board of education or county superintendent of schools neglects or refuses to adopt a local control and accountability plan (LCAP) or an annual update to an LCAP, except as provided.
(18) Existing law requires the Superintendent to examine a revised budget, as specified, and, not later than November
8, approve or disapprove the revised budget. If the Superintendent disapproves the revised budget, existing law requires the Superintendent to call for the formation of a budget review committee, and requires the budget review committee, on or before November 30, to review the proposed budget, as specified. If a county superintendent of schools disapproves the budget of a school district, existing law requires the county superintendent of schools to call for the formation of a budget review committee, and requires the budget review committee, on or before November 30, to review the proposed budget, as specified. Existing law requires the members of the budget review committee to be reimbursed for their services and associated expenses while on official business, at rates established by the state board.
This bill would revise and recast the provision requiring members of the budget committee to be reimbursed to instead require the reimbursement rates to be
established by the Superintendent, subject to the approval of the director of the state board, and would prohibit employees of the County Office Fiscal Crisis and Management Assistance Team from being eligible for reimbursement.
(19) Existing law requires the county superintendent of schools to notify various entities, in writing, if the county superintendent of schools determines that a school district will be unable to meet its financial obligations for the current or subsequent year, as provided.
This bill would require the county superintendent of schools to also provide the above-described notification if a school district experiences a significant fiscal event that the county superintendent of schools determines will have an immediate severe fiscal impact that will cause a school district to be unable to meet its financial obligations for the current or subsequent fiscal year. To the extent that
this bill would impose additional duties on local officials, the bill would impose a state-mandated local program.
(20) Existing law prohibits a county superintendent of schools from making an apportionment for the current school year of state or county moneys for a school district if the governing board of the school district neglects or refuses to make a school district budget or neglects to file specified interim reports, as provided.
This bill would revise and recast those provisions to, among other things, prohibit a county superintendent of schools from making an apportionment of state, local, or county moneys for a school district if the governing board of the school district or the school district neglects or refuses to adopt an LCAP or an annual update to an LCAP, except as provided. The bill would also apply these provisions to a charter school, as provided. To the extent that this bill would
impose additional duties on local officials or local educational entities, the bill would impose a state-mandated local program.
(21) Existing law requires school districts and county offices of education to transmit to the State Department of Education, on a timely basis, various reports. If those reports are not submitted to the Superintendent within 14 days after the submission date specified for each report, existing law authorizes the Superintendent to direct the county auditor to withhold payment of any stipend, expenses, or salaries of the district superintendent, county superintendent of schools, or members of the governing board, as appropriate, until the delinquent reports have been submitted, as provided.
This bill would additionally require school districts and county offices of education to transmit LCAPs and annual updates to the LCAPs, as provided. The bill would extend those provisions
to charter schools. The bill would require schools districts and charter schools to also transmit those reports, plans, and annual updates to the county superintendent of schools on a timely basis, and would authorize the county superintendent of schools to withhold payment of any stipend, expenses, benefits, or salaries and wages of the district superintendent, charter school administrator, or members of the governing board, as appropriate, until the delinquent reports have been submitted, except as provided. To the extent that this bill would impose additional duties on local officials or local educational agencies, the bill would impose a state-mandated local program.
(22) Existing law requires the department, by July 1, 2025, to update a salary and benefit schedule form, as described, to include salary data collection for classified school staff assigned to a schoolsite or sites in the same manner as that data is collected for certificated
staff assigned to a schoolsite or sites, and to call this updated form the Salary and Benefit Schedule for the Bargaining Units (Form J–90). Existing law requires school districts, county offices of education, and direct-funded charter schools, by January 31, 2026, and annually thereafter, to complete the Form J–90 for specified classified and certificated staff assigned to a schoolsite or sites and report the Form J–90 to the department, and authorizes those local educational agencies to complete and report the Form J–90 for prior fiscal years, as provided. Existing law requires the department, by August 31, 2026, and annually thereafter, to report to the Legislature on the progress of school districts, county offices of education, and charter schools in increasing salaries for classified and certificated staff assigned to a schoolsite or sites, as provided.
This bill would revise and recast those provisions by instead requiring the department, by July 1, 2026, to
create a data collection system for salary and benefits data for represented certificated and classified nonmanagement employees. The bill would require the data collected to include salary, benefits, and full-time equivalent employee counts for certificated employees and for specified classified bargaining unit classifications, which the bill would require to be collected in the same manner as for certificated employees, as determined by the department. The bill would require, by August 31, 2026, and by July 1 annually thereafter, school districts, county offices of education, and direct-funded charter schools to complete the data collection process and to report the data to the department. The bill would require the department, by January 31, 2027, and by November 30 annually thereafter, to report to the Legislature on the progress of school districts, county offices of education, and charter schools in increasing salaries for classified and certificated employees, as provided. By imposing new duties on
local educational agencies, the bill would impose a state-mandated local program.
(23) Existing law establishes a public school financing system that requires state funding for school districts and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, among other things, a base grant that in each fiscal year is adjusted for inflation by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as specified. Existing law, commencing with the 2022–23 fiscal year, requires the Superintendent to compute an additional add-on for school districts and charter schools of $2,813 for transitional kindergarten, as specified, and requires the add-on to be annually adjusted for inflation commencing with the 2023–24 fiscal
year, as specified.
This bill, commencing with the 2025–26 fiscal year, would increase that transitional kindergarten add-on to instead be $5,545, and would require that increased add-on to be annually adjusted for inflation commencing with the 2026–27 fiscal year, as specified.
Existing law requires the local control funding formula to include, in addition to the base grant, supplemental and concentration grant add-ons that are based on the percentage of pupils who are unduplicated pupils, as defined to include English learners, pupils eligible for free or reduced-price meals, and foster youth, as specified. Existing law requires school districts and charter schools to annually report their enrollment of unduplicated pupils to the Superintendent, as specified, and requires county superintendents of schools to review and validate that pupil data, as provided. Existing law defines “pupils eligible for free or reduced-price
meals” to mean pupils determined to meet federal income eligibility criteria, either through completing an application for the federal National School Lunch Program or through an alternative household income data collection form, or deemed to be categorically eligible for free or reduced-price meals under the federal National School Lunch Program.
This bill would revise that definition to also include pupils determined to meet federal income eligibility criteria through a federal Summer Electronic Benefit Transfer for Children (Summer EBT) - compliant Universal Benefit Application. To the extent the bill would impose additional duties on county superintendents of schools, school districts, and charter schools related to reporting unduplicated pupils, the bill would impose a state-mandated local program. Notwithstanding any other law, for purposes of the local control funding formula for the 2025–26 and 2026–27 fiscal years only, the bill would require the count of
English learner pupils enrolled in transitional kindergarten to be equal to the count of English learner pupils enrolled in kindergarten, as specified.
For purposes of state apportionments, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of an emergency, existing law requires the Superintendent to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided.
This bill, notwithstanding any other law, for specified charter schools that were damaged, destroyed, or directly impacted as a result of a state of emergency that was declared by the Governor in January 2025, for the 2025–26 fiscal year, would require the
Superintendent to calculate the difference between the charter school’s certified local control funding formula entitlement in the 2025–26 fiscal year and the 2024–25 fiscal year, as specified, and, if there is a difference, allocate the amount of that difference to the charter school.
(24) The Schools and Local Public Safety Protection Act of 2012, an initiative measure approved by the voters at the November 6, 2012, statewide general election, among other things, increased certain tax rates for taxable years beginning on and after January 1, 2012, and before January 1, 2017, and deposited the revenues from those increases in tax into the Education Protection Account. The act provides that all moneys in the Education Protection Account are continuously appropriated for the support of school districts, county offices of education, charter schools, and community college districts. These provisions were extended for taxable years before January
1, 2031, by Proposition 55, an initiative measure approved by the voters at the November 8, 2016, statewide general election.
This bill would require, in any fiscal year, if a decline in Education Protection Account revenue results in a nontransfer of funds into the Education Protection Account fourth-quarter payment, the Superintendent to recover a local educational agency’s overpayment of Education Protection Account funds from the current year’s second principal apportionment payment, as provided.
(25) Existing law establishes the Public School System Stabilization Account to provide a reserve for public school funding. Existing law requires, pursuant to specified calculations, the Controller to transfer certain moneys from the General Fund into the Public School System Stabilization Account for subsequent allocation to school districts and community college districts, as specified. Existing law
requires, in any fiscal year in which the amount required to be applied by the state for the support of school districts and community college districts for that fiscal year is less than the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated and allocated local proceeds of taxes in the prior fiscal year, as adjusted pursuant to specified calculations, the amount of the deficiency to be appropriated and allocated by the state from the Public School System Stabilization Account for the support of school districts and community college districts.
This bill would appropriate, for the 2025–26 fiscal year, $405,291,000 from the Public School System Stabilization Account to the Superintendent for allocation for the local control funding formula, as provided.
(26) Existing law requires the Commission on Teacher Credentialing to administer a
State Assignment Accountability System to provide local educational agencies with a data system for assignment monitoring. Existing law requires the commission to annually use data it receives from the department to produce an initial data file of vacant positions and assignments that do not have a clear match of credential to assignment. Existing law requires a monitoring authority, as defined, to review and determine any potential misassignments and vacant positions, as defined, reported in and identified through the system for local educational agencies within its authority, as provided.
This bill would, among other things, rename the system as the California Statewide Assignment Accountability System and would require the commission to also identify instances of a teacher shortage, as specified, in each instance where, as of Census Day, either (A) a course or class assignment is permanently filled by an employee who is not fully credentialed or who is not
appropriately assigned or (B) the local educational agency identifies a vacant position or an unfilled position, as provided. To the extent the bill would impose additional duties on local educational agencies, including in their capacity as monitoring authorities, the bill would impose a state-mandated local program.
(27) Existing law requires the commission to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to develop, adopt, and administer a reading instruction competence assessment consisting of one or more instruments to measure an individual’s knowledge, skill, and ability relative to effective reading instruction, as provided. Under existing law, the passage of one of specified components of the reading instruction competence assessment is a requirement for the issuance of the preliminary multiple subject teaching credential or the preliminary education
specialist credential, until the commission ensures that an approved teaching performance assessment assesses candidates for competence in instruction in literacy. Existing law requires the commission to ensure that these teaching performance assessments assess competence in instruction in literacy by July 1, 2025.
This bill would additionally authorize the commission to adopt an off-the-shelf assessment that otherwise meets the specified requirements for the reading instruction competence assessment. The bill would authorize credential candidates that are required to pass the reading instruction competence assessment in order to earn the clear credential to take and pass the reading instruction competence assessment on or before October 31, 2025, as provided.
Existing law requires the commission to exempt specified preliminary multiple subject credential candidates and preliminary single subject credential candidates who
complete specified induction program and service requirements on or before June 30, 2025, from the requirement, and any accompanying regulations, to complete a teaching performance assessment.
This bill would require the commission to additionally exempt the above-described credential candidates from the requirement, and any accompanying regulations, to complete a reading instruction competence assessment, as provided. The bill would extend, for purposes of the exemption, the date by which the credential candidates are required to complete the induction program and service requirements by one year.
(28) Under existing regulations adopted by the commission, applicants who seek to satisfy a credential, certificate, permit, or waiver requirement by examination are required to meet the passing score requirements established by the commission that were in effect at the time the examination was taken. These
regulations also limit the time between the date the score was earned and the issuance date of the applicable credential, certificate, permit, or waiver to 10 years, as provided.
This bill would instead establish that an applicant for a preliminary multiple subject teaching credential or a preliminary education specialist instruction credential holds a passing reading instruction competence assessment score prospectively if, within the 10 calendar years following the date the score was earned, the applicant has achieved specified reading instruction competence assessment examination scores, as provided.
(29) Existing law establishes the National Board for Professional Teaching Standards Certification Incentive Program under the administration of the State Department of Education to award grants to teachers who have, among other things, attained certification from the National Board for Professional
Teaching Standards, as provided.
This bill would appropriate, for the 2025–26 fiscal year, $30,000,000 from the General Fund to the department for purposes of the National Board for Professional Teaching Standards Certification Incentive Program and for covering National Board for Professional Teaching Standards Certification fees, as provided. The bill would make those funds available for encumbrance until June 30, 2030, and available for liquidation until June 30, 2034.
Existing law appropriates $250,000,000 from the General Fund to the department in the 2021–22 fiscal year for purposes of the National Board for Professional Teaching Standards Certification Incentive Program and for covering National Board for Professional Teaching Standards Certification fees, as provided. Existing law requires those moneys to be available for encumbrance until June 30, 2026, as provided.
This
bill would instead make those moneys available for encumbrance until June 30, 2030, and available for liquidation until June 30, 2034, thereby making an appropriation.
The bill, commencing July 1, 2027, would transfer the administrative duties of the program from the department to the Commission on Teacher Credentialing and would require the department to transfer all unencumbered funds available for the program to the commission to award grants for the program.
(30) Existing law requires the commission to adopt standards for the accreditation of postsecondary teacher preparation programs. Existing law prescribes “clinical practice” as one of the commission-adopted standards and requires that teaching credential candidates perform 600 hours of clinical practice throughout the candidate’s teacher preparation program, including, as a component of those hours, unpaid student teaching.
This bill would establish the Student Teacher Stipend Program under the administration of the commission to support prospective educators, as defined, during their completion 500 or more hours of student teaching, as provided. The bill would require local educational agencies awarded funding pursuant to the program to provide stipends of $10,000 to be paid during the school year in which the credential candidates are completing their student teaching. The bill would require the commission, on or before January 1, 2027, and every year thereafter, to provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature regarding the status of the program. The bill would appropriate, for the 2025–26 fiscal year, $300,000,000 from the General Fund to the commission for allocation to support the Student Teacher Stipend Program, and would require $5,000,000 of that amount to be made available to the Kern County Superintendent of
Schools for specified purposes, including conducting a related multimedia campaign and the establishment of a grants management system, as specified. Commencing July 1, 2026, to the extent funds are available, the bill would require up to $100,000,000 to be made available annually for the commission to award stipends under the program.
(31) Existing law establishes the Teacher Residency Grant Program and appropriates funds from the General Fund to the commission to make one-time grants to develop new, or expand, strengthen, or improve access to existing, teacher residency programs, as provided.
This bill would appropriate $70,000,000 from the General Fund to the commission to augment the Teacher Residency Grant Program to support teacher residency programs that recruit and support the preparation of teachers, as provided.
(32) Existing
law establishes the Expanded Learning Opportunities Program and requires the Superintendent to allocate $2,750 per unit of average daily attendance, as specified, to local educational agencies with a prior fiscal year unduplicated pupil percentage of 75% or more, and requires those local educational agencies, as a condition of receiving that funding, to offer access to expanded learning opportunity programs to all pupils and to provide access to any pupil whose parent or guardian requests their placement in a program. Existing law subjects local educational agencies to an audit, as specified, to determine compliance with those requirements. Existing law prohibits a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, from receiving less than $50,000 under the program in a fiscal year.
The bill, commencing with the 2025–26 school year, would (A) lower the unduplicated pupil percentage
requirement for funding availability, and its associated funding conditions, from 75% to 55%, (B) revise auditing requirements for certain local educational agencies, as specified, and (C) double the minimum funding for local educational agencies under the program to $100,000 in a fiscal year. The bill would, for the 2025–26 fiscal year only, require the Superintendent to calculate the difference between the prior fiscal year average daily attendance from the first period reported kindergarten and grades 1 to 6, inclusive, and the second period reported kindergarten and grades 1 to 6, inclusive, and, if there is a difference, allocate to the applicable local educational agency the amount of that difference attributable to specified local educational agencies, as provided.
(33) Existing law authorizes a school district, county office of education, or charter school, beginning July 1, 2025, to implement attendance recovery programs for pupils to
make up lost instructional time and offset absences, as specified. For the purposes of computing average daily attendance for these attendance recovery programs, existing law requires certain minimum daily instructional minute requirements on all local educational agencies, as provided.
This bill, for the above-described purpose, would apply different schoolday and instructional minute requirements to county community schools, continuation high schools, juvenile court schools, and community day schools that are applicable to those settings, as provided.
(34) Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupil’s level of proficiency, as specified. Existing law requires the
assessment for initial identification to be conducted upon the initial enrollment of a pupil, excluding enrollment in a transitional kindergarten program, as provided. Existing law authorizes a school district or charter school to maintain a transitional kindergarten program.
This bill would require the Superintendent, by no later than March 31, 2026, to select, subject to the approval of the executive director of the state board, a list of screening instruments that meet specified requirements to support the identification of multilingual learners, as defined, enrolled in transitional kindergarten, as provided. The bill would appropriate $10,000,000 from the General Fund to the Superintendent to acquire the selected screening instruments and any training materials, as specified, and to support field tests of the screening instruments. Commencing with the 2027–28 school year, the bill would require a local educational agency that serves pupils in transitional
kindergarten to screen those pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify them as multilingual learners using a screening instrument selected by the Superintendent, as provided.
(35) Existing law requires a school district or charter school, as a condition of receipt of apportionment for pupils in a transitional kindergarten program, to, among other things, commencing with the 2022–23 school year, maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms at each schoolsite and commencing with the 2025–26 school year, maintain an average of at least one adult for every 10 pupils, as provided. Existing law requires the Superintendent to, commencing with the 2022–23 school year, withhold a portion of a school district’s or charter school’s local control funding formula entitlement if the
school district or charter school fails to comply with maintaining an average of at least one adult for every 12 pupils for transitional kindergarten classrooms at each schoolsite, as provided.
This bill would, for the 2025–26 school year, and for each school year thereafter, require the Superintendent to withhold a portion of a school district’s or charter school’s local control funding formula entitlement if the school district or charter school fails to comply with maintaining an average of at least one adult for every 10 pupils for transitional kindergarten classrooms at each schoolsite, as provided.
(36) Existing federal law, the McKinney-Vento Homeless Assistance Act, provides grants to states to carry out activities relating to the education of homeless children and youths, as defined, including, among others, providing services and activities to improve the identification of homeless children
and youths and to enable them to enroll in, attend, and succeed in school.
Existing law requires, pursuant to specified funding appropriated in the Budget Act of 2024, the State Department of Education to allocate up to $2,500,000 to up to 3 county offices of education to sustain and enhance the operations of technical assistance centers to foster relationships between community partners and local educational agencies in each region. Existing law requires the technical assistance centers to prioritize providing regional support, resources, and expertise to homeless education liaisons to ensure that local educational agencies meet all requirements under the federal McKinney-Vento Homeless Assistance Act, as provided. Existing law requires the technical assistance centers to be operative only for the duration of the availability of certain federal grant funds.
This bill would require, pursuant to specified funding
appropriated in the annual Budget Act, commencing in the 2025–26 fiscal year, the department to allocate those funds to the above-described technical assistance centers. The bill would eliminate the requirement that the technical assistance centers be operative only for the duration of the availability of those federal grant funds.
(37) Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These graduation requirements include, among others, the completion of 3 courses in social studies, including a one-semester course in economics. Commencing with pupils graduating in the 2030–31 school year, including for pupils enrolled in a charter school, existing law requires the completion of a separate, stand-alone one-semester course in personal finance, that is prohibited from being combined with any other course. Existing law authorizes a pupil
who completes a separate, stand-alone one-semester course in personal finance, that is not combined with any other course, to elect to be exempt from the graduation requirement to complete a one-semester course in economics.
This bill instead would authorize a local educational agency to exempt a pupil who completes a separate, stand-alone one-semester course in personal finance, that is not combined with any other course, from the graduation requirement to complete a one-semester course in economics.
(38) Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board and consider including, when revising the history-social science curriculum framework, age-appropriate information on financial literacy for kindergarten and grades 1 to 12, inclusive, including, among other things, identifying means to
finance college, workforce education, low-cost community college options, and other career technical educational pathways or apprenticeships. Existing law specifies that the financing options covered may include scholarships, merit aid, and student loans.
This bill would additionally include the California Kids Investment and Development Savings Program to the list of covered financing options that may be included.
(39) Existing law requires the governing board of each school district and county board of education to adopt an LCAP and to update its LCAP before July 1 of each year. Existing law requires the governing body of a charter school to, on or before July 1 each year, hold a public hearing to adopt an LCAP and to update the goals and annual actions to achieve specified goals, as provided.
If a school district, county office of education, or charter
school is identified as not having adopted an LCAP or an update to an LCAP by July 1, this bill would require the local educational agency to be assessed a financial penalty equal to 20% of the local educational agency’s 2nd principal apportionment local control funding formula entitlement, as specified. The bill would provide that for each additional business day that the local educational agency does not adopt an LCAP or an update to an LCAP, the 20% penalty increases by 1%, except that the penalty may not exceed 80%, as provided. The bill would require a financial penalty applied pursuant to these provisions to be modified, as applicable, if the delay is due to a specified event.
(40) Existing law requires the state board to adopt specified evaluation rubrics for local educational agencies, and requires, as part of these evaluation rubrics, the state board to adopt performance criteria for local educational agency assistance and
intervention, as provided. Existing law appropriates $400,000 from the General Fund to the state board for the 2021–22 fiscal year to solicit and evaluate proposals and contract for an independent evaluation of technical assistance, including an examination of the state’s current accountability structures for technical assistance and intervention, as provided.
This bill would require the state board to update the performance criteria, no later than July 15, 2026, taking into consideration the findings and recommendations from the above-described evaluation of the state’s technical assistance system and its implementation, and the need to appropriately focus resources and supports where the demonstrated needs are greatest.
(41) The Budget Acts of 2023 and 2024 each appropriated $2,000,000 to be allocated to 11 regional county offices of education to provide technical assistance to local educational
agencies on federal requirements related to English learners, and recommendations for best practices, instructional strategies, and improvement in English language proficiency and state academic standards, as provided. The Budget Act of 2023 requires the department, in consultation with and subject to the approval of the executive director of the state board, to identify metrics to assess the performance of the regional county offices of education in performing the specified duties.
This bill, contingent upon specified federal funding appropriated in the Budget Act of 2025 not being available, for the 2025–26 fiscal year, would appropriate $2,000,000 from the General Fund to the Superintendent to award to county offices of education serving as regional English learner lead agencies, as provided. Commencing with the 2026–27 fiscal year, the bill would annually appropriate $2,000,000 from the General Fund each fiscal year to the Superintendent for those same purposes.
The bill would require the department, for purposes of the 2025–26 fiscal year appropriation, to allocate the funds to the above-described 11 county offices of education serving as regional county office of education English learner specialists, assess their performance education in performing the duties specified according to the metrics approved by the executive director of the state board, and provide a final report to the Department of Finance and the executive director of the state board, no later than December 30, 2026, on the regional county offices of education’s performance on these metrics. The bill would require the State Department of Education, on or before July 1, 2026, to select, in consultation with and subject to approval by the executive director of the state board, county offices of education to serve as regional English learner lead agencies, pursuant to a process that ensures that no fewer than 5 and no more than 7 regional English learner lead agencies are selected in a manner that
ensures statewide coverage. The bill would require the regional English learner lead agencies to be selected for a term not to exceed 4 years, and would authorize the department, subject to approval by the executive director of the state board, to either renew the selection of the existing regional English learner lead agency or reopen the selection process, as provided.
(42) Existing federal law provides for the permanent and nationwide Summer Electronic Benefit Transfer for Children (Summer EBT) program, under which pupils who are eligible for free and reduced-price school meals receive $40 per month during summer months for grocery benefits.
Existing state law requires the State Department of Education to work with the State Department of Social Services to maximize participation in the federal Summer EBT program, as provided.
This bill would require
schools that participate in the federal School Breakfast Program or National School Lunch Program to establish a pupil’s Summer EBT eligibility status through a specified application, as provided.
(43) Existing law requires the Superintendent, for the 2021–22 fiscal year and each fiscal year thereafter, to calculate, and the State Department of Education to apportion, certain amounts of funding generated by foster youth, short-term residential therapeutic program placements, and children and youth residing in specified facilities.
This bill would instead require, for the 2024–25 fiscal year and each fiscal year thereafter, the Superintendent to calculate the amount of funding generated by short-term residential therapeutic program placements, as well as community treatment facility placements, as defined, based on the average daily population at both short-term residential therapeutic program
placements and community treatment facility placements, as provided. The bill would also make conforming changes.
(44) Existing law prohibits the governing board of a school district, a county board of education, or the governing body of a charter school from adopting or approving the use of any textbook, instructional material, supplemental instructional material, or curriculum if its use would subject a pupil to unlawful discrimination, as specified. Existing authorizes any person to file a complaint of an alleged violation with the local educational agency using the uniform complaint process or directly with the Superintendent, as provided. If the Superintendent determines that a local educational agency has violated that prohibition and has not taken corrective action within 60 days, existing law authorizes the department to use any means authorized to effect compliance, and requires the assessment of a specified financial penalty on a
local educational agency found by the Superintendent to have violated the prohibition, as provided.
This bill would revise the financial penalty calculation, as specified.
(45) Existing law establishes the California Center for Inclusive College (the center) and annually appropriates, commencing with the 2024–25 fiscal year, $2,000,000 each fiscal year from the General Fund to the Superintendent to, in consultation with the executive director of the state board, allocate to a county office of education selected to administer the center, working in partnership with specified entities. Existing law requires, for the 2024–25 fiscal year, up to $500,000 to be available for the center to convene an advisory workgroup consisting of representatives from at least 2, but not more than 5, existing inclusive college programs throughout the state to consult with the center, as specified.
This bill would instead require the Superintendent to select one or more county offices of education to administer the center. The bill would require the center to instead convene an advisory workgroup consisting of representatives from at least 2, but not more than 6, existing inclusive college programs throughout the state to consult with the center, as specified. To the extent that the bill would create new duties for a county office of education, the bill would impose a state-mandated local program.
(46) Existing law requires certain funds appropriated in the annual Budget Act for reimbursement for the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, charter schools, and county offices of education, to support specified state-mandated local programs. Existing law provides that a
school district, charter school, or county office of education that submits a letter requesting funding to the Superintendent and receives this block grant funding is not eligible to submit a claim for reimbursement for those specified mandated programs for the fiscal year in which the block grant funding is received.
This bill would add to the list of programs that are authorized for block grant funding in lieu of program-specific reimbursement to include requirements relating to ensuring pupil compliance with completing the Free Application for Federal Student Aid (FAFSA) or a form for purposes of the California Dream Act, as provided.
(47) Existing law, for designated residential development projects, as defined, prohibits a local agency from requiring payment of fees or charges on the residential development for the construction of public improvements or facilities until the date the first
certificate of occupancy or first temporary certificate of occupancy is issued, as specified. Existing law authorizes the local agency to require the payment of those fees or charges at an earlier time if certain conditions are met, including, among other things, that the local agency determines that the fees or charges will be collected for public improvements or facilities including, among other things, the construction and rehabilitation of school facilities, if a school district has a 5-year plan, as specified.
This bill would instead require, for the construction and rehabilitation of school facilities, the school district governing board to have approved a 5-year school facilities master plan, as provided.
(48) The Budget Act of 2017 appropriates $376,200,000 from the Clean Energy Job Creation Fund for allocation by the Superintendent to school districts, county offices of education, state
special schools, and charter schools for specified purposes. The act provides that those funds shall be available for encumbrance or expenditure until June 30, 2019.
This bill would extend that deadline to June 30, 2026, if either or both of two specified conditions is met, thereby making an appropriation.
(49) The Budget Act of 2021, among other things, appropriates $107,069,000 to the department and provides $160,000 of that amount on a one-time basis for the department to contract with a lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) organization to serve as the lead partner to the department in the development of an online LGBTQ+ cultural competency training platform and $275,000 of that amount on a one-time basis for the Superintendent and the selected lead partner to establish an advisory committee to inform the development and content of the LGBTQ+ cultural competency
training curriculum to assure that it is culturally competent, comprehensive, and meets the needs of LGBTQ+ students, families, and teachers, as provided.
This bill would extend the period that those latter amounts are available for encumbrance to instead be through June 30, 2025, thereby making an appropriation.
(50) The Budget Act of 2021, among other things appropriates $50,000,000 to the Superintendent to allocate to the California Collaborative for Educational Excellence to administer evidence-based professional education for educators that can support learning acceleration for California’s diverse pupil population, particularly in mathematics, literacy, and language development, as provided, and authorizes those moneys to be available for specified purposes only through the 2025–26 fiscal year.
This bill would extend the time the funds appropriated for
the purpose described above, including any interest earned by the administrative agent on those funds, are available to be used to instead be until January 1, 2028, thereby making an appropriation.
(51) The Budget Act of 2021, among other things, appropriates $253,000,000 to the Department of General Services, and requires $250,000,000 of that amount to be available for a competitive grant program to support regional K–16 education collaboratives that create streamlined pathways from high school to postsecondary education and into the workforce and makes those funds available for encumbrance or expenditure until June 30, 2026. To qualify to receive a grant under the program, existing law requires a regional K–16 education collaborative to meet specified criteria, including, among others, committing to implement at least 4 of 7 recommendations from the February 2021 Recovery with Equity report to promote student success, and committing to
creating occupational pathways, including accelerated degree or credential programs that incorporate work-based learning, in at least 2 of 4 specified sectors, based on regional needs. Existing law specifies a June 30, 2026, deadline for those 2 criteria.
This bill would, relative to that latter specific criteria, require a regional K–16 education collaborative to commit instead to creating 2 occupational pathways, including either accelerated degree or credential programs that incorporate work-based learning, based on the identification of primary priority sectors in collaboration with the California Jobs First Council. The bill would also delay the deadline for both criteria by 2 years to instead be June 30, 2028. The bill would extend the period that those moneys are available for encumbrance or expenditure to instead be until June 30, 2030, thereby making an appropriation.
(52) Existing law
appropriates $15,000,000 to the Commission on Teacher Credentialing for the Reading and Literacy Supplementary Authorization Incentive Grant Program to support the preparation of credentialed teachers to earn a supplementary authorization in reading and literacy, as specified. Existing law requires these funds to be available for encumbrance until June 20, 2027.
This bill would revise and recast the program by renaming it as the Mathematics Instructional Added Authorization and Reading and Literacy Supplementary Authorization Incentive Grant Program, including mathematics authorizations in the program, as specified, increasing the award amount a participating teacher is eligible to receive and reducing the local match requirements of the program, as provided, and making conforming changes to reporting requirements related to the program. The bill would extend the date the funds are available for encumbrance to instead be June 30, 2030, thereby making an
appropriation.
(53) Existing law appropriates $600,000,000 from the General Fund to the State Department of Education for allocation to certain school districts, county offices of education, and charter schools to expend on kitchen infrastructure upgrades that will increase a school’s capacity to prepare meals served through a federal school meal program, as defined, including for freshly prepared onsite meals, to serve fresh and nutritious school meals using minimally processed, locally grown, and sustainable food, or for expanding meal options for pupils with restricted diets, as specified. Existing law requires, as a condition of receiving funding, each local educational agency to report to the department, on or before June 30, 2025, on how it used the funding. Existing law makes funds allocated to eligible local educational agencies available for encumbrance until June 30, 2025.
This bill would
extend the reporting deadline and the time those funds are available for encumbrance by one year, thereby making an appropriation.
(54) The Budget Act of 2024, among other things, appropriates $130,339,000 to the State Department of Education and makes $770,000 of that amount available on a one-time basis to support costs associated with developing an online training delivery platform and curriculum to support LGBTQ+ cultural competencies for teachers and other certificated employees in grades 7 through 12 by July 1, 2025.
This bill would extend the period that the latter amount is available for encumbrance or expenditure to instead be through June 30, 2030, thereby making an appropriation.
(55) The Budget Act of 2022 appropriates $4,000,000,000 for the Expanded Learning Opportunities Program and makes those funds available for
encumbrance until June 30, 2023, and for liquidation until June 30, 2025.
This bill would instead make those funds available for liquidation until July 31, 2025. By extending the period of time in which funds encumbered under existing appropriations may be liquidated, the bill would make an appropriation.
(56) Existing law appropriates $4,000,000 from the General Fund to the Superintendent to select a county office of education to research models of hybrid and remote learning at public schools across the state and provide guidance, support, and resources to local educational agencies to build their own hybrid and remote learning programs to support innovative learning opportunities and instructional continuity, as specified.
This bill would repeal that appropriation.
(57) This bill would require,
on or before January 31, 2026, the Superintendent, in consultation with the Chancellor’s Office of the California Community Colleges, as applicable, to examine and determine the feasibility of streamlining specified career technical education grant application and reporting processes into a single universal application and collecting program reports and data in a consolidated process, and to provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the state board, and the Director of Finance with information, in writing, relating to that streamlining, as provided. The bill would require the Superintendent and the Chancellor of the California Community Colleges, on or before October 15, 2025, to each provide related information, as specified. The bill would require the Chancellor, in consultation with the Superintendent, on or before January 31, 2026, to provide information, in writing, with an update on steps that the Chancellor is taking to
better align the timelines, application components, and reporting requirements of the K–12 Strong Workforce Program with the identified streamlined application and reporting processes, as specified.
(58) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts in any given fiscal year.
This bill would require The Director of Finance, as part of the budget submitted to the Legislature by January 10, 2026, to (A) provide an updated estimate of the Proposition 98 funding requirement for the 2024–25 fiscal year and the sum of all previous appropriations counting
toward that requirement, (B) identify the additional amount required to meet the Proposition 98 funding requirement in 2024–25 and propose a plan for appropriating that amount, as specified, and (C) account for that amount that is available to support school programs before making any reduction otherwise allowed by law.
(59) This bill would put into statute and extend for the 2025–26 school year, certain provisions of executive orders issued by the Governor as a result of a state of emergency that was declared by the Governor in January 2025, including provisions relating to the use by school districts, county offices of education, and charter schools in the County of Los Angeles of temporary facilities located outside of district boundaries, the collection of average daily attendance for those pupils served outside of district boundaries, the suspension of provisions relating to the leasing of local educational agency property to impacted
local educational agencies in the County of Los Angeles, the authorization of a site-based charter school within the County of Los Angeles whose schoolsite was damaged or is inaccessible due to the emergency to establish an alternative site anywhere within the County of Los Angeles, and the suspension of any requirement that a classroom-based charter school that provides independent study programs due to facility inaccessibility, damage, or destruction, or pupil displacement, as a result of the emergency, submit a funding determination, pursuant to specified law, and any requirement to obtain a material revision from the chartering authority of the charter school to offer nonclassroom-based instruction.
(60) The Budget Act of 2020, among other things, allocates $350,000 of specified appropriated funds to a county office of education selected by the executive director of the state board for the purpose of convening a workgroup that will design a
state standardized individualized education program (IEP) template. The Budget Act of 2022, among other things, allocates $200,000 of specified appropriated funds to be available on a one-time basis for the California Collaborative for Educational Excellence to convene a panel to continue refining the IEP template for usability, as provided. Existing law requires the department, by January 1, 2027, or no later than 18 months after the IEP template is converted to a digital platform, whichever date comes first, to translate the IEP template into the top 10 most commonly spoken languages used across the state other than English and, among other things, to make those templates available on its internet website, as provided.
This bill would appropriate, for the 2025–26 fiscal year, $1,000,000 from the General Fund to the Superintendent to allocate to the California Collaborative for Educational Excellence for the digitization of the above-described IEP template. The
bill would require the California Collaborative for Educational Excellence, in consultation with the executive director of the state board, to enter into a contract with a California special education student information system vendor to convert the IEP template into a user-dynamic software platform, develop an interactive digital version of the IEP template that is accessible to the public at no cost, and make those digitized templates available to local educational agencies and to the public, respectively, on or before June 30, 2026. The bill would appropriate, contingent upon federal Individuals with Disabilities Education Act funds appropriated in the Budget Act of 2025 for the translations of the digitized state standardized individualized education program template not being available due to a reduction in California’s receipt of federal funds, for the 2025–26 fiscal year, $1,000,000 from the General Fund to the Superintendent to allocate up to $1,000,000 to a county office of education, subject to the
approval of the executive director of the state board, for the translation of the digitized IEP template into the top 10 most commonly spoken languages in California other than English.
(61) This bill would require a basic aid school district, as defined, that experiences a decrease in local property tax revenues as a result of the Eaton and Palisades Fires in the County of Los Angeles in January 2025 to be reimbursed from the General Fund by the Controller for losses experienced in the 2024–25 and 2025–26 fiscal years, as provided, thereby making an appropriation.
(62) This bill would appropriate, for the 2025–26 fiscal year, $160,000,000 from the General Fund to the department to establish the Universal School Meals Support Grant, as provided. Of that amount, the bill would require (A) $145,000,000 to be made available to award to local educational agencies to expend for
specified purposes for the continued implementation of universal school meals, (B) $10,000,000 to be provided to local educational agencies to support the retention and recruitment of food service workers, as specified, and (C) $5,000,000 to be made available to the department to contract with the Marin County Office of Education for a study of, and report on, particularly harmful ultra-processed foods being offered in school meals in California, as provided.
(63) This bill would, on or before June 30, 2026, appropriate an amount to be determined by the Director of Finance from the General Fund to the Superintendent in augmentation of a certain item in the Budget Act of 2025. The bill would make these funds available only to the extent that revenues distributed to local educational agencies for special education programs from successor agencies are less than the estimated amount determined by the Director of Finance. The bill would require, on
or before June 30, 2026, the Director of Finance to determine if the revenues distributed to local educational agencies for special education programs from successor agencies exceed the estimated amount reflected in the Budget Act of 2025 and, if so, would require the Director of Finance to reduce the specified appropriation in the Budget Act of 2025 by the amount of that excess.
(64) This bill would appropriate $1,696,718,000 from the General Fund to the department to establish the Student Support and Professional Development Discretionary Block Grant, for allocation to county offices of education, school districts, charter schools, and the state special schools for discretionary purposes, including, among other things, providing standards-aligned professional development for teachers on the English Language Arts/English Language Development Framework, the Literacy Roadmap, and the Mathematics Framework for California Public Schools and
addressing rising costs, as provided.
(65) Existing law establishes the Teacher Residency Grant Program and appropriates funds from the General Fund to the Commission on Teacher Credentialing to make one-time grants to develop new, or expand, strengthen, or improve access to existing, teacher residency programs that, among other things, support (A) a list of designated shortage fields, or (B) local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse teacher workforce that reflects a local educational agency community’s diversity.
For the 2022–23 fiscal year, existing law appropriates $184,000,000 from the General Fund to the commission to augment the Teacher Residency Grant Program to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors, as provided. The
Budget Act of 2022 also reappropriates $66,000,000 from the Proposition 98 Reversion Account to the Superintendent for transfer to the commission for these purposes.
This bill would extend the period that the latter funds are available for encumbrance to instead be until June 30, 2027, and are available for liquidation to instead be until June 30, 2032, thereby making an appropriation, and, for the 2025–26 fiscal year, would make those funds available in reimbursement authority for the commission to receive that funding to augment the Teacher Residency Grant Program, as provided.
(66) This bill would establish the Secondary School Redesign Pilot Program to develop and identify effective models of middle and high school redesign, as provided. The bill would appropriate $10,000,000 from the General Fund to the Superintendent for the program for allocation to the California Collaborative for Educational
Excellence as the lead agency to administer the program. The bill would specify the duties of the lead agency, including, among others, selecting and managing a network of grantees and submitting an evaluation of the pilot program to the Legislature on or before September 1, 2029. The bill would authorize up to $1,000,000 of the appropriated funds to be used by the lead agency for program administration and evaluation, as provided, and would require up to $300,000 of the appropriated funds to be made available to reimburse the Marin County Office of Education, the administrative agent of the California Collaborative for Educational Excellence, for costs associated with the administration of these provisions. The bill would require participating schools and local educational agencies to participate in the pilot program for 2 years, develop and implement programs to redesign middle and high schools to better serve the needs of all pupils, and collect and report data and resources, as provided.
(67) Existing law makes specified funds appropriated in the Budget Act of 2023 for the Expanded Learning Opportunities Program, education for adults in correctional facilities, and special education available for encumbrance until June 30, 2024, and for liquidation until June 30, 2026.
This bill would instead make those funds appropriated for those purposes in the Budget Act of 2023 available for liquidation until July 31, 2026. By extending the period of time in which funds encumbered under existing appropriations may be liquidated, the bill would make an appropriation.
(68) This bill would appropriate $30,000,000 from the General Fund to the Superintendent for allocation to the Riverside County Office of Education for allocation to the Special Olympics of Northern and Southern California for specified purposes, as provided, and would
require the Riverside County Office of Education to be the fiscal agent for those funds for the Special Olympics of Northern and Southern California. By imposing additional duties on the Riverside County Office of Education, the bill would impose a state-mandated local program.
(69) This bill would appropriate, for the 2025–26 fiscal year, $1,000,000 from the General Fund to the Superintendent for allocation to a county office of education to contract with one or more research or nonprofit organizations to study the processes by which other states develop curriculum guidance and to make recommendations about how to improve and streamline California’s processes, as provided.
(70) This bill would appropriate, for the 2025–26 fiscal year $40,000,000 from the General Fund to the Superintendent for allocation to local educational agencies that administer literacy screenings to pupils
in kindergarten and grades 1 and 2 for risk of reading difficulties and would require those local educational agencies to expend those funds for the procurement of screening instruments, screening administration, and training for school employees to administer pupil screenings in kindergarten and grades 1 and 2, but excluding transitional kindergarten, in order to assess for risk of reading difficulties using certain approved screening instruments, as provided.
(71) This bill would appropriate, for the 2025–26 fiscal year, $250,000 from the General Fund to the Superintendent to allocate to the administrative agent for the California Collaborative for Educational Excellence to partner with one or more research organizations, institutions of higher education, or other nonprofit organizations with expertise in evidenced-based literacy instruction to develop guidance for the state board to adopt on or before January 31, 2026, to support the
follow-up adoption and subsequent implementation of English Language Arts/English Language Development instructional materials by the Instructional Quality Commission and the state board, as provided.
(72) This bill would appropriate, for the 2025–26 fiscal year, $215,000,000 from the General Fund to the Superintendent to augment the previously established Literacy Coaches and Reading Specialists Grant Program. Of that amount, the bill would require (A) $200,000,000 to be allocated by the Superintendent to local educational agencies for eligible schoolsites, as defined, to develop school literacy programs, employ and develop literacy coaches and specialists, and develop and implement interventions for pupils in need of targeted literacy support, as provided, (B) $15,000,000 to be available for the Superintendent, subject to the approval of the executive director of the state board, to select a county office of education or a consortium of
county offices of education with expertise in both literacy instruction and multilingual education, through a competitive process, to provide training for educators to become literacy coaches and provide credentialing opportunities for educators to become reading and literacy and bilingual specialists, as provided.
(73) This bill would appropriate, for the 2025–26 fiscal year, $15,000,000 from the General Fund to the Superintendent to allocate to the California Collaborative for Educational Excellence to (A) make $7,500,000 available to convene a Statewide Literacy Network to support statewide implementation of evidence-based practices aligned to the English Language Arts/English Language Development Framework, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction, as provided, and (B) make $7,500,000 available to convene a Statewide Mathematics Network to support statewide implementation of
evidence-based practices aligned to the Mathematics Framework and the use of data to support effective instruction.
(74) This bill would appropriate $10,000,000 from the General Fund to the Superintendent to allocate to the county office of education selected to administer the California Dyslexia Initiative to contract with the University of California, San Francisco Dyslexia Center to continue to expand the capacity of a certain reading difficulties screening tool for California’s diverse pupil population and to support its use. The bill would make that funding contingent on the maintenance of a reading difficulties screening tool that remains accessible to local educational agencies at no cost to California public schools to be administered to pupils in kindergarten and grades 1 and 2. The bill would prescribe annual summary reporting requirements for the University of California, San Francisco Dyslexia Center, through the designated county
office of education, to submit to the department, the Department of Finance, the state board, and the relevant policy and fiscal committees of the Legislature.
(75) This bill would appropriate, for the 2025–26 fiscal year, $150,000,000 from the General Fund to the State Department of Education, subject to pending legislation. The bill would require the department, upon the signing of that legislation, to transfer the funds to the administering entity identified in the legislation, if applicable, by no later than May 1, 2026. If that legislation is not enacted by January 1, 2026, the bill would instead require the appropriated funds, on or after January 1, 2026, to be used for the California Career Technical Education Incentive Grant Program, as provided.
(76) Existing law appropriates $20,000,000 from the General Fund to the Superintendent for allocation, subject to the approval
of the executive director of the state board, to one or more county offices of education, or consortia of county offices of education, to partner with the California Mathematics Project and other specified entities to develop and deliver educator training, including the training of mathematics coaches, and provide resources to educators on delivering high-quality mathematics instruction to pupils throughout the state pursuant to the curriculum framework for mathematics adopted by the state board, as specified.
This bill would appropriate $30,000,000 from the General Fund to the Superintendent for allocation to the Kern County Superintendent of Schools for the Mathematics Professional Learning Partnership to support educator training, including mathematics coaches, teachers, and school administrators for implementation of the new mathematics curriculum framework in local educational agencies. The bill would require the Mathematics Professional Learning Partnership
to, among other things, continue to support the California Mathematics Project along with its other existing partners, as specified. The bill would require the Kern County Superintendent of Schools to submit an expenditure plans on behalf of the Mathematics Professional Learning Partnership for to those to the Department of Finance for approval by January 31, 2026. By imposing additional duties on the Kern County Superintendent of Schools, the bill would impose a state-mandated local program.
(77) Existing law establishes the Children and Youth Behavioral Health Initiative, administered by the California Health and Human Services Agency and its departments, with the purpose of transforming the state’s behavioral health system into an innovative ecosystem in which all children and youth 25 years of age and younger, regardless of payer, are screened, supported, and served for emerging and existing behavioral health needs. Existing law requires,
subject to an appropriation, that the initiative include, among other things, school-linked partnership, capacity, and infrastructure grants to qualified entities to support implementation of the initiative for behavioral health services in schools and school-linked settings, as provided.
This bill would appropriate $20,000,000 from the General Fund to the State Department of Education to allocate to the Sacramento County Office of Education to, in partnership with the Santa Clara County Office of Education, award competitive grants to local educational agencies participating in specified cohorts of the Children and Youth Behavioral Health Initiative that are determined to be qualified, as provided. The bill would require the Sacramento County Office of Education to, on or before March 1, 2026, and in partnership with the Santa Clara County Office of Education, provide a report to the state board, the Department of Finance, the State Department of Health Care
Services, the California Health and Human Services Agency, and the appropriate policy and fiscal committees of the Legislature that includes specified data, including, among other things, the number and amounts of awards granted, as provided.
(78) This bill would appropriate $1,200,000 from the General Fund to the Office of Public School Construction to be available for allocation to the West Side Union Elementary School District for capital improvements at West Side Elementary School in the City of Healdsburg.
The bill would make legislative findings and declarations as to the necessity of a special statute for the West Side Union Elementary School District.
(79) Existing law provides for emergency apportionments to school districts subject to specified conditions, including, in certain circumstances, the
repayment of an emergency loan over a period of no more than 20 years and the appointment by the county superintendent of schools of an administrator who would exercise the powers and responsibilities of the governing board of the school district, as provided.
This bill would express the intent of the Legislature to provide emergency apportionment assistance to the Plumas Unified School District, and would require the Plumas County Superintendent of Schools to assume all the rights, duties, and powers of the governing board of the Plumas Unified School District and to appoint, in concurrence with the Superintendent and the president of the state board or their designee, a state administrator to act on behalf of the county superintendent of schools in exercising their authority over the school district, consistent with existing provisions of law applicable to all emergency apportionments, except as otherwise provided. The bill would continue the authority of the
county superintendent of schools and the state administrator over the Plumas Unified School District until certain enumerated conditions are met, including the completion of specified recovery plans for the school district. The bill would require the County Office Fiscal Crisis and Management Assistance Team (FCMAT) to, among other things, provide specified assistance relating to the development of a multiyear financial recovery plan, the preparation of budget reports, and the recommendation of activities that could enhance revenue or achieve cost savings.
The bill would authorize the Plumas Unified School District, through the Superintendent, to request emergency apportionments in the form of cashflow loans from the General Fund for a total of up to $20,000,000. The bill would require the Controller, upon order of the Director of Finance, to draw warrants against the General Fund to the Plumas Unified School District once a loan is approved by the Director of
Finance, thereby making an appropriation. The bill would specify conditions to be followed by the school district in receiving the funds and repaying the loans.
The bill would authorize the school district to sell property owned by the school district from September 1, 2025, to June 30, 2028, inclusive, and use the proceeds from the sale to reduce or retire the emergency loan, and would prohibit the school district from being eligible for financial hardship assistance under the Leroy F. Greene School Facilities Act of 1998 from September 1, 2025, to June 30, 2028, inclusive.
By imposing additional duties on local agencies and officials, the bill would impose a state-mandated local program.
The bill would make legislative findings and declarations as to the necessity of a special statute for the Plumas Unified School District.
(80) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(81) Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of
Article XVI of the California Constitution.
(82) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1622 of the Education Code is amended to read:1622.
(a) On or before July 1 of each fiscal year,(b) (1) (A) The Superintendent shall examine the budget to determine if it (A) (i) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets, (B) (ii) allows the county office of education to meet its financial obligations during the fiscal year, and (C) (iii) is consistent with a financial plan that will enable the
county office of education to satisfy its multiyear financial commitments. In addition, the Superintendent shall identify any technical corrections to the budget that must be made. On or before September 15, the Superintendent shall approve, conditionally approve, or disapprove the budget and, in the event of a conditional approval or disapproval, transmit to the county office of education in writing the Superintendent’s recommendations regarding revision of the budget and the reasons for those recommendations.
(B) In addition to examining the budget of a county board of education pursuant to subparagraph (A), the Superintendent shall review and consider studies, reports, evaluations, or audits of the county office of education that were commissioned by the county superintendent of schools, the Superintendent, or state control agencies that contain evidence that
the county office of education is showing fiscal distress according to the standards and criteria adopted by the state board pursuant to Section 33127 or that contain a finding by an external reviewer that the county office of education is at moderate or high risk of intervention based on the most common indicators of a county office of education needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team.
(2) For the 2014–15 fiscal year to the 2023–24 fiscal year, inclusive, the Superintendent shall disapprove a budget, and for the 2024–25 fiscal year, and for each fiscal year thereafter, the Superintendent shall conditionally approve or disapprove a budget, if either any of the following
occur:
(A) The Superintendent has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by a county board of education pursuant to Section 52070.5 that is effective for the budget year.
(B) The Superintendent determines that the budget does not include the expenditures necessary to implement the local control and accountability plan or an annual update to the local control and accountability plan that is effective for that budget year.
(C) The Superintendent determines that the budget does not provide adequate assurance that the county office of education will meet its current and future obligations and resolve any problems identified in the studies, reports,
evaluations, or audits described in subparagraph (B) of paragraph (1).
(c) In the event of the conditional approval or disapproval of the budget of a county office of education pursuant to subdivision (b), on or before October 8, the county superintendent of schools and the county board of education shall review the recommendations of the Superintendent at a regularly scheduled meeting of the county board of education and respond to those recommendations. That response shall include any revisions to the adopted budget and other proposed actions to be taken, if any, as a result of those recommendations.
(d) (1) The Superintendent shall examine the revised budget as provided in subdivision (c) to determine if it (A) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final
local educational agency budgets, (B) allows the county office of education to meet its financial obligations during the fiscal year, (C) satisfies all conditions established by the Superintendent in the case of a conditionally approved budget, and (D) is consistent with a financial plan that will enable the county office of education to satisfy its multiyear financial commitments. The Superintendent, not later than November 8, shall approve or disapprove the revised budget. For the 2014–15 fiscal year and each fiscal year thereafter, the Superintendent shall disapprove a revised budget if the Superintendent determines that the revised budget does not include the expenditures necessary to implement the local control and accountability plan or an annual update to the local control and accountability plan approved by the Superintendent pursuant to Section 52070.5 that is effective for the budget year. If the Superintendent disapproves the budget, the Superintendent shall call for the formation of a budget
review committee pursuant to Section 1623.
(2) Notwithstanding any other law, for the 2014–15 fiscal year and each fiscal year thereafter, if the Superintendent disapproves the budget for the sole reason that the Superintendent has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by the county board of education pursuant to Section 52070.5, the Superintendent shall not call for the formation of a budget review committee pursuant to Section 1623.
(e) Not later than 45 days after the Governor signs the annual Budget Act, the county office of education shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act.
SEC. 2.
Section 1623 of the Education Code is amended to read:1623.
(a) The budget review committee shall be composed of three persons and shall be selected by the county superintendent of schools and the county board of education solely from a list of no fewer than five candidates provided by the Superintendent. The candidates shall be persons who have expertise in the management of a school district or county office of education, including, but not(b) No later than five working days after the receipt of the candidate list described in subdivision (a), the county superintendent of schools and the county board of education shall select the budget review committee. If the county
superintendent of schools and the county board of education fail to select a committee within the period of time permitted by this subdivision, the Superintendent instead shall select and convene the budget review committee no later than 10 working days after the receipt by the county superintendent of schools and the county board of education of the candidate list.
(c) On or before November 30, the budget review committee shall review the proposed budget of the county office of education and the underlying fiscal policies of that county office of education, and shall transmit to the Superintendent, the county superintendent of schools, and the county board of education either of the following:
(1) The A
recommendation that the budget be approved.
(2) A report disapproving the budget and setting forth recommendations for revisions to the budget that would enable the county office of education to meet its financial obligations both in the budget year and with regard to multiyear financial commitments.
(d) Upon the request of the budget review committee, the Superintendent may extend the deadline set forth in subdivision (c) for a period of not more than 15 working days.
(e) The Superintendent shall develop criteria and procedures governing the performance by budget review committees of their duties under this section.
(f) The (1) Except as provided in paragraph (2), members of the budget review committee shall be reimbursed by the department for their services and associated expenses while on official business, at rates established by the Superintendent, subject to the approval of the executive director of the state board.
(2) Notwithstanding paragraph (1), an employee of the County Office
Fiscal Crisis and Management Assistance Team who serves as a member of the budget review committee shall not be eligible for reimbursement by the department for their services and associated expenses while on official business.
SEC. 3.
Section 1630 of the Education Code is amended to read:1630.
(a) The Superintendent shall review and consider studies, reports, evaluations, or audits of the county office of education that contain evidence that the county office of education is demonstrating fiscal distress according to the standards and criteria(b) If at any time during the fiscal year the Superintendent determines that the county office of education may be unable to meet its financial obligations for the current or two subsequent fiscal years, or if the county office has a qualified or negative certification pursuant to Section 1240, the Superintendent shall
provide a written notice of going concern determination to the county board of education and the county superintendent of schools and the basis for the determination. The notification shall include the assumptions used in making the determination and shall be available to the public. The Superintendent shall do the following, as necessary, take all actions that are necessary, including at least one of the following, to ensure that the county office of education meets its financial obligations:
(1) Assign a fiscal expert, paid for by the Superintendent, to advise the county office of education on its financial problems.
(2) Conduct a study of the financial and budgetary conditions of the
county office of education. If,
education that includes, but is not limited to, a review of the county office of education’s internal controls. If in the course of this review, the Superintendent determines that their office requires analytical assistance or expertise that is not available through the county office, the Superintendent may employ, at the county office of education’s expense, on a short-term basis, staff, including certified public accountants, to provide the assistance and expertise.
(3) Direct the county office of education to submit a financial projection of all fund and cash balances of the county office of education as of June 30 of the current year and subsequent fiscal years as the Superintendent requires.
(4) Require the county office of education to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly
or quarterly budget revisions, and to appropriately record all receivables and payables.
(5) Direct the county office of education to submit a proposal for addressing the fiscal conditions that resulted in the determination that the county office of education may not be able to meet its financial obligations.
(6) Withhold compensation of the county board of education and the county superintendent of schools for failure to provide requested financial information.
(c) If, after taking the actions identified in subdivision (a), the Superintendent determines that a county office of education will be unable to meet its financial obligations for the current or subsequent fiscal year,
year or if a county office of education experiences a significant fiscal event that is determined by the Superintendent to have an immediate severe fiscal impact that will cause a county office of education to be unable to meet its financial obligations for the current or subsequent fiscal year, the Superintendent shall notify the county board of education and education, the county superintendent of schools
schools, and the president of the state board, or the president’s designee, in writing of that determination and the basis for that determination. The notification shall include the assumptions used in making the determination and shall be available to the public.
(d) If the Superintendent makes the a determination specified in subdivision (c), (c) or if the county office of education has a negative certification
pursuant to Section 1240, the Superintendent, shall, as
Superintendent shall make a report to the president of the state board, or the president’s designee, about the financial condition of the county office of education and remedial actions proposed by the Superintendent and shall take all actions that are necessary to enable ensure that the county office of education to meet meets its financial obligations, do one or more
including at least one of the following: following actions:
(1) Develop and impose, in consultation with the county board of education and the county superintendent, a budget revision that will enable the county office of education to meet its financial obligations. obligations in the current fiscal year.
(2) Stay or rescind an action that is
all actions determined to be inconsistent with the ability of the county office of education to meet its obligations for the current or subsequent fiscal year and may, as necessary, appoint a fiscal adviser to perform some or all of the duties prescribed by this paragraph on the Superintendent’s behalf. This includes year, including all actions up to the point that the subsequent year’s budget is approved by the Superintendent. The Superintendent shall inform the county board of education and the county superintendent of schools in writing of the Superintendent’s justification for an exercise
all exercises of authority under this paragraph.
(3) Assist in developing, in consultation with the county board of education and the county superintendent of schools, a multiyear financial recovery plan that will enable the county office of education to meet its future obligations.
(4) Assist in developing, in consultation with the county board of education and the county superintendent, a budget for the subsequent fiscal year. If necessary, the Superintendent shall continue to work with the county board of education and the county superintendent until the budget for the subsequent year is adopted by the county board of education and approved by the Superintendent.
(5) As necessary, appoint a
fiscal adviser to perform one or more of the duties prescribed by this subdivision on behalf of the Superintendent.
(e) Actions All actions taken by the Superintendent pursuant to paragraph (1) or (2) of subdivision (d) shall be accompanied by a notification that includes the actions to be taken, the reasons for the actions, and the assumptions used to support the necessity for those the actions. That notification shall be available to the public.
(f) This section does not
authorize the Superintendent to abrogate a provision of a collective bargaining agreement that was entered into by a county office of education before the date upon which
that the Superintendent assumed authority pursuant to subdivision (d).
(g) The county office of education shall pay 75 percent of fees charged by the Superintendent for of, and the Superintendent shall pay 25 percent of, the administrative expenses incurred pursuant to subdivision (d) or costs associated with improving the county office of education’s financial management practices. The remaining 25 percent of fees shall be covered by the Superintendent.
(h) Notwithstanding any other law, a county treasurer shall not honor a warrant when the Superintendent, as
appropriate, has disapproved that warrant, or has disapproved the order on county office of education funds for which a warrant was prepared.
(i) For all purposes of errors and liability insurance policies, a fiscal expert appointed pursuant to this section shall be deemed to be an employee of the county office of education. The Superintendent may require that the fiscal adviser be placed on the county office of education payroll for purposes of remuneration, benefits, and payroll deductions.
(j) If staff persons are hired pursuant to paragraph (2) of subdivision (b), the Superintendent may certify to the Controller an amount to be transferred to the department, from the funds that otherwise would be apportioned to the county office of education pursuant to Section 2574 or 2575, for the purpose of paying all costs incurred by that staff in performing their respective services. The
Controller, upon receipt of that certification, shall transfer that amount.
(k) To facilitate the appointment of a county office of education fiscal officer and the employment of additional staff pursuant to paragraphs (1) and (2), respectively, of subdivision (b), for purposes of those paragraphs, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
SEC. 4.
Section 1631 is added to the Education Code, immediately following Section 1630, to read:1631.
(a) Except as provided in subdivision (c), the Superintendent shall not make an apportionment of state or federal funds for the current fiscal year for a county office of education if the county board of education or county superintendent of schools of the county office of education neglects or refuses to meet any of the following requirements:(1) Adopt a local control and accountability plan pursuant to Section 52066.
(2) Adopt an annual update to a local control and accountability plan pursuant to Section 52067.
(3) Adopt an annual budget pursuant to this article.
(4) Submit reports pursuant to subdivision (l) of Section 1240.
(b) The Superintendent shall withhold apportionments pursuant to subdivision (a), including previously withheld apportionments for the current fiscal year, until the requirements listed in paragraphs (1) to (4), inclusive, of subdivision (a) are met, and shall notify the appropriate county official that the Superintendent shall not approve any warrants issued by the county office of education.
(c) If a county board of education or county superintendent of schools is unable to fulfill one or more requirements described in subdivision (a) due to any of the events described in subdivision (a) of Section 46392, the county board of education or county superintendent of schools shall, at the earliest opportunity after the event no longer exists, fulfill those
requirements and shall submit to the Superintendent the following information:
(1) A description of the emergency event.
(2) The date that the requirements described in subdivision (a) were met.
SEC. 5.
Section 8281.5 of the Education Code is amended to read:8281.5.
(a) The California Prekindergarten Planning and Implementation Grant Program is hereby established as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs at local educational agencies.(b) For the 2021–22 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2024.
(c) (1) Of the total amount appropriated under subdivision (b), the
Superintendent shall allocate two hundred million dollars ($200,000,000) in the 2021–22 fiscal year to local educational agencies as follows:
(A) A minimum base grant to all local educational agencies that operate kindergarten programs as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2020–21 certification, as follows:
(i) For local educational agencies with an enrollment of 1 to 23 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000).
(ii) For local educational agencies with an enrollment of 24 to 99 pupils, inclusive, the minimum base grant shall be fifty thousand dollars ($50,000).
(iii) For local educational agencies with an enrollment of 100 or more
pupils, the minimum base grant shall be one hundred thousand dollars ($100,000).
(B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building.
(C) Of the remaining funds after allocations under subparagraphs (A) and (B):
(i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2019–20 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment
shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year for each local educational agency.
(ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574 certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant.
(D) Notwithstanding
any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence.
(2) Grant funds may be used for costs associated with creating or expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for four-year-old children. Allowable costs include, but are not necessarily limited to, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies.
(3) Local educational agencies receiving grants pursuant to this subdivision shall do both of the following:
(A) Commit to providing program data to the department, as specified by the Superintendent, including, but not limited to, recipient information and participating in overall program evaluation.
(B) Develop a plan for consideration by the governing board or body at a public meeting on or before June 30, 2022, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs.
(4) (A) Funds that are allocated or awarded
pursuant to this subdivision shall be expended by June 30, 2026. The department shall then initiate collection proceedings for unexpended funds. 2028. Notwithstanding any other law, on June 30, 2030, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(B) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to paragraph (3).
(C) The
department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e).
(d) (1) For the 2022–23 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2026. The Superintendent shall allocate funds to local educational agencies as follows:
(A) A minimum base grant to all local educational agencies that operate kindergarten programs, as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2021–22 certification, as follows:
(i) For local educational agencies with an enrollment of 1 to 500 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000).
(ii) For local educational agencies with an enrollment of 501 or more pupils, the minimum base grant shall be fifty thousand dollars ($50,000).
(B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building.
(C) Of the funds remaining after the allocations pursuant to subparagraphs (A) and (B):
(i) Sixty percent shall be available as enrollment grants. These grants
shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2021–22 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2020–21 fiscal year for each local educational agency.
(ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2020–21 fiscal year, multiplied by the local educational agency’s unduplicated pupil
percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574, as applicable, and certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant.
(D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence.
(2) Grant funds may be used for costs associated with creating or expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for children four years of age.
Allowable costs shall include, but are not necessarily limited to, classroom operating costs, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies.
(3) Local educational agencies receiving grants pursuant to this subdivision shall do all of the following:
(A) Commit to providing program data to the department, as specified by the Superintendent, including, but not limited to, recipient information and participating in overall program evaluation.
(B) If the local educational agency did not develop the plan required pursuant to subparagraph (B) of paragraph (3) of subdivision (c), develop a plan for consideration by the governing board or body at a public meeting on or before March 30, 2023, for how all children in the attendance area of the local
educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs. A plan developed pursuant to this subparagraph satisfies the requirements of subparagraph (B) of paragraph (3) of subdivision (c).
(C) Ensure expenditures are consistent with their local plan adopted pursuant to subdivision (c).
(D) Commit to planning with their county’s local planning council, local tribes, and the California state preschool program and Head Start program providers in their region.
(E) Offer transitional
kindergarten to all eligible pupils interested in transitional kindergarten within their attendance area by the 2025–26 school year.
(4) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2026. The department shall then initiate collection proceedings for unexpended funds.
2028. Notwithstanding any other law, on June 30, 2030, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(B) The department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e).
(5) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subparagraph (A) of paragraph (3).
(e) (1) (A) Of the total amount appropriated under subdivision (b), the Superintendent shall award one hundred million dollars
($100,000,000) in competitive grants to local educational agencies to increase the number of highly-qualified teachers available to serve California state preschool programs and transitional kindergarten pupils, and to provide California state preschool program, transitional kindergarten, and kindergarten teachers with training in providing instruction in inclusive classrooms, culturally responsive instruction, supporting dual language learners, enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline, pursuant to this section. These funds shall be available for encumbrance until June 30, 2024.
(B) Any funds allocated for purposes of this subdivision pursuant to subparagraph (C) of paragraph (4) of subdivision (c) or subparagraph (B) of paragraph (4) of subdivision (d) shall be available for encumbrance through June 30, 2026.
2030.
(2) The Superintendent shall develop and administer a process to award grants under paragraph (1), subject to approval of the executive director of the state board, on a competitive basis to local educational agencies. To apply for a grant, a local educational agency shall submit an application to the department describing how it will allocate funds and increase either the number of credentialed teachers meeting the requirements of subdivision (g) of Section 48000, or the competencies of California state preschool programs, transitional kindergarten, and kindergarten teachers to enhance their ability to provide instruction in inclusive classrooms, provide culturally responsive instruction, support dual language learners, enhance social-emotional learning, implement trauma-informed and restorative practices, and mitigate implicit biases to eliminate exclusionary discipline.
(3) A local educational agency may apply on behalf of a consortium of providers within the local educational agency’s program area, including California state preschool programs and Head Start programs operated by community-based organizations.
(4) An applicant shall demonstrate all of the following to be considered for a grant award:
(A) A need for preschool and transitional kindergarten or kindergarten professional development in a region.
(B) A need for preschool and transitional kindergarten teachers in a region.
(C) The presence of, or plan to create, inclusive classroom settings.
(D) The ability to connect the preschool,
transitional kindergarten, or kindergarten program to before and after school programs and extended day services.
(E) A plan to integrate preschool, transitional kindergarten, and kindergarten professional development opportunities.
(F) A plan for recruiting new preschool, transitional kindergarten, or kindergarten teachers with experience in early learning and care settings and collaborating with institutions of higher education to ensure a qualified prekindergarten teacher pipeline.
(G) A plan for how principals and administrators overseeing the transitional kindergarten program, or other prekindergarten program, will receive training and professional development on the value and tenets of effective instruction for young children.
(5) In awarding
grants under paragraph (1), the Superintendent shall establish a methodology that accounts for all of the following:
(A) The percentage of transitional kindergarten and kindergarten pupils eligible for free and reduced-price meals.
(B) The percentage of dual language learners that the local educational agency is serving or is planning to serve in a California state preschool program or transitional kindergarten program.
(C) The percentage of pupils with disabilities the local educational agency is serving or planning to serve in an inclusive California state preschool program or transitional kindergarten program.
(D) The percentage of pupils served, or planned to be served, in full-day California state preschool, transitional kindergarten, or
kindergarten programs offered by the local educational agency or community-based organizations.
(E) The extent to which applicants operate in an attendance area where a significant disproportionality of particular races or ethnicities, as described in Section 1418(d) of Title 20 of the United States Code, has been identified in special education.
(F) The extent to which the local educational agency is located in an area that has more than three young children, three to five years of age, inclusive, for every licensed childcare slot.
(G) The extent to which applicants plan to partner with community-based California state preschool programs and Head Start programs in their program area to ensure those teachers have access to professional development along with teachers employed by the local educational agency.
(6) Grants awarded under paragraph (1) for professional development may be used for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners. Professional development grant funds shall be used for any of the following purposes:
(A) Tuition, supplies, and other related educational expenses.
(B) Transportation and childcare costs incurred as a result of attending classes.
(C) Substitute teacher pay for California state
preschool program, transitional kindergarten, and kindergarten professionals that are currently working in a California state preschool program, transitional kindergarten, or kindergarten classroom.
(D) Stipends and professional development expenses, as determined by the Superintendent.
(E) Career, course, and professional development coaching, counseling, and navigation services.
(F) Linked courses, cohorts, or apprenticeship models.
(G) Training and professional development for principals and other administrators of transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, on the value and tenets of effective instruction for young children.
(H) Other educational expenses,
as determined by the Superintendent.
(7) Local educational agencies awarded funding pursuant to paragraph (1) may partner with local or online accredited institutions of higher education or local agencies that provide high-quality or credit-bearing trainings, or apprenticeship programs that integrate and embed higher education coursework with on-the-job training of professionals.
(8) Professional learning provided pursuant to this subdivision shall, as applicable, be aligned to the preschool learning foundations and academic standards pursuant to Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.8, and 60605.11, as those sections read on June 30, 2020, and former Section 60605.85, as that section read on June 30, 2014.
(9) Local educational agencies receiving grants under this subdivision shall commit
to providing program data to the department, as specified by the Superintendent, including, but not necessarily limited to, recipient information, including demographic information, educational progress, and the type of courses taken, and participating in overall program evaluation.
(10) The Superintendent shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2024, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this subdivision.
(11) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2028. Notwithstanding any other law, on June 30, 2027,
2029, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(B) Notwithstanding subparagraph (A), any unexpended funds allocated for purposes of this subdivision pursuant to subparagraph (C) of paragraph (4) of subdivision (c) and subparagraph (B) of paragraph (4) of subdivision (d) shall be expended by June 30, 2030. Notwithstanding any other law, any unexpended funds of the amount awarded for purposes of subparagraph (C) of paragraph (4) of subdivision (c) and subparagraph (B) of paragraph (4) of subdivision (d) shall revert to the General Fund on June 30, 2028. 2031.
(f) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California
Constitution, the appropriation made by subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
SEC. 6.
Section 8320 of the Education Code is amended to read:8320.
(a) The California Universal Preschool Planning Grant Program is hereby established with the goal of expanding access universally to preschool programs for three- and four-year-old children across the state through a mixed-delivery system.(b) As used in this section, the following definitions shall apply:
(1) “Children with exceptional needs” has the same meaning as defined in Section 8205.
(2) “Mixed-delivery system” means a system of early childhood education services that is delivered through a variety of providers, programs, and settings, including Head Start agencies or delegate agencies funded under the Head Start Act (42 U.S.C.
Sec. 9831, et seq.), public, private, or proprietary agencies, including community-based organizations, public schools, and local educational agencies that offer center-based childcare and preschool programs, tribal childcare and preschool, and family childcare through a family childcare home education network.
(3) “Three- and four-year-old children” has the same meaning as “three-year-old children” and “four-year-old children,” as those terms are defined in Section 8205.
(4) “Universal preschool” means those programs that offer part-day or full-day, or both, educational programs for three- and four-year-old children, and may be offered through a mixed-delivery system.
(c) (1) (A) Pursuant to an appropriation in the annual Budget Act, for each of the 2022–23, 2023–24, and
2024–25 fiscal years, the Superintendent shall consult with the Director of Social Services and shall create an application to award grant funds to one designated lead agency within each county, as set forth in this section. Each county shall submit a single planning grant application.
(B) The county grant submission shall contain a signed agreement from the resource and referral agencies in the county and the local planning council.
(2) (A) (i) A local planning council established pursuant to Article 2 (commencing with Section 10485) of Chapter 31 of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have first priority for grant awards from their county’s allocation of funds calculated for each county, as described paragraph (1) of subdivision (d).
(ii) A
local planning council shall express interest by submitting a letter of intent to the department on a template developed by the Superintendent in consultation with the State Department of Social Services.
(iii) If a local planning council wishes to partner with other counties in their region pursuant to subdivision (j), the local planning council shall indicate this intent in their letter of intent.
(B) (i) In counties where the local planning council does not submit a letter of intent to receive an award, a resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code that operates in the county may submit a joint letter of intent with the local planning council to the Superintendent, on a template developed by the Superintendent in consultation with the State
Department of Social Services, indicating interest in conducting the activities of this grant in their county.
(ii) The joint letter submitted pursuant to clause (i) shall designate a lead fiscal agency and describe the partnership the resource and referral agencies will use to meet the requirements of the grant.
(iii) If a resource and referral agency wishes to partner with other counties in their region pursuant to subdivision (j), the resource and referral agency shall indicate this intent in their letter of intent.
(C) Once letters of intent have been submitted, the Superintendent shall require the designated lead agency from each county to submit an application that includes, but is not limited to, all of the following information:
(i) A
description of how it will allocate funds and achieve tasks described in subdivision (f).
(ii) A description of how the applicant will partner with the county office of education and other local educational agencies in the county on the work required pursuant to Section 8281.5, to ensure activities conducted under this grant meet community needs for universal preschool in a mixed-delivery system not already addressed.
(D) All grantees shall be required to coordinate with the county office of education on the work required pursuant to Section 8281.5. In counties where the county office of education operates the resource and referral agency or the local planning council, the staff responsible for those activities at the county office of education shall be included and financially supported to participate in the activities of this grant.
(E) The grantee shall form a single working group that shall include, but not be limited to, representatives from the county offices of education, school districts, charter schools offering transitional kindergarten, resource and referral programs, alternative payment programs operating preschool programs, First 5 county commissions, contracted state preschool programs, including both local educational agency and community-based organization programs, general childcare programs serving preschool-age children, tribal preschool programs, private center-based childcare preschool providers, licensed family childcare providers, educators, exclusive bargaining representatives, Head Start, faculty at local institutions of higher education focusing on child development or early childhood education, and early childhood education teacher preparation programs, including institutions of higher education.
(d) The Superintendent shall develop and administer a grant process and award grant funds to each county that applies for funding for the 2022–23 fiscal year if the application conforms with the requirements of this section. Funds shall be allocated using a methodology for determining the amount of funds in each county that accounts for all of the following:
(1) (A) Base grant funding that reflects the number of three- and four-year-old children in the county or region.
(B) Add-on funding that reflects both of the following:
(i) The number of three- and four-year-old children in the county or region who are currently eligible for, but not enrolled in, subsidized preschool programs as part of the mixed-delivery system for universal preschool, as determined by the Superintendent.
(ii) The number of three- and four-year-old children with exceptional needs in the county or region.
(2) To the extent funds are available in the Budget Act of 2023, existing grantees shall be eligible to apply for a renewal grant subject to terms and conditions developed by the Superintendent.
(3) (A) To the extent funds are available in the Budget Act of 2024, the following entities shall be eligible to apply for a grant subject to terms and conditions developed by the Superintendent:
(i) Existing grantees.
(ii) Newly formed consortia.
(iii) Individual counties that participated in a former consortium for
this grant, with the first priority for the funds going to the local planning council, pursuant to the process described in subdivision (c), as appropriate.
(B) Notwithstanding subparagraph (A), in a county that previously received funds from this grant, where the previous grantee or consortia of grantees does not intend to reapply for funding pursuant to subparagraph (A), the following entities shall be eligible to apply as part of an existing or newly formed consortia, with the following priority order:
(i) The local planning council.
(ii) Resource and referral agencies.
(iii) First 5 county commissions.
(C) If an entity applies for the grant pursuant to subparagraph (B), the grant
submission shall include a signed statement, from all entities within the county with a higher priority and within the same priority, that acknowledges their intent not to apply for the funds.
(D) An entity receiving funds pursuant to this paragraph shall complete all activities of the grant pursuant to subparagraph (D) of paragraph (2) of subdivision (c), subparagraph (E) of paragraph (2) of subdivision (c), and subdivision (f).
(E) The entity applying for funds in each county pursuant to this paragraph shall express interest by submitting a letter of intent to the department on a template developed by the Superintendent, before submitting the request for data.
(F) Each county shall submit a single planning grant application for the relevant fiscal year.
(G) If funds are awarded pursuant to this paragraph to a First 5 county commission, the First 5 county commission shall collaborate with, and subgrant funds, where appropriate, to local planning councils and resource and referral agencies to implement the activities of this section.
(e) Grant funds may be used for costs associated with any of the following:
(1) Assessing the parental preferences and the need for access to available high-quality universal preschool through a mixed-delivery system for three- and four-year-old children in the county or region by program type.
(2) Establishing or strengthening partnerships with other providers of early childhood education services and family childcare home education networks within the county or region’s mixed-delivery system and with tribal partners, to
ensure that high-quality options for universal preschool, including inclusive preschool programs and multilingual programs, are available for three- and four-year-old children.
(3) Engaging in community-level coordination and planning with agencies participating in the county or region’s mixed-delivery system to implement high-quality universal preschool options.
(4) Coordinating with special education local and regional partners, including regional centers and local educational agencies, to ensure three- and four-year-old children with exceptional needs in the county or region have access to universal preschool through the mixed-delivery system in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code.
(5) Partnering with the regional agency responsible for
the system described in Section 8203.1 to fund and support workforce development, coaching, and other quality improvement activities to support the universal preschool mixed-delivery system.
(6) Other costs, as specified by the Superintendent.
(f) Entities receiving grants pursuant to this subdivision shall do all of the following:
(1) Plan for the provision of high-quality universal preschool options for three- and four-year-old children, through a mixed-delivery system that ensures access to high-quality full- and part-day learning experiences, coordinated services, and referrals for families to access health and social-emotional support services. Indicators of quality shall be determined by the Superintendent pursuant to Section 8203.
(2) Plan for
increasing inclusion of children with exceptional needs in universal preschool.
(3) Assist existing and aspiring universal preschool site supervisors, teachers, and other support staff in identifying and accessing local workforce pathway programs, including financial support programs, to increase the number of site supervisors, teachers, and other support staff who have required credentials and degrees.
(4) Provide outreach services and enrollment support for families of three- or four-year-old children, to meet family needs and provide those children with high-quality full- and part-day learning experiences.
(5) Partner to plan for, align and coordinate the plans, and conduct the activities described in paragraphs (1) to (4), inclusive, with all local educational agencies in the county or region that received
funding pursuant to the California Prekindergarten Planning and Implementation Grant Program (Article 13.2 (commencing with Section 8281.5)).
(6) Partner with tribes to reflect family and tribal community needs, as sovereign nations, in the planning and implementation of the universal preschool mixed-delivery system.
(7) Commit to providing program data to the department, as specified by the Superintendent, including, but not limited to, plan development steps and participants engaged in the grant activities and planning, core needs of critical communities, including tribal communities, and recipient information and participation in overall program evaluation.
(8) Develop a plan for consideration by the county board of education at a public meeting on or before June 30, 2023, for how all four-year-old children and an
increased number of at-promise three-year-old children in the county may access full-day learning programs before kindergarten that meet the needs of parents, including through partnerships with the universal preschool programs in the mixed-delivery system and expanded learning offerings.
(g) If the entity receiving the grant in a county is a local planning council, the local planning council shall collaborate with, and subgrant funds where appropriate to, local resource and referral agencies to implement the activities of this section.
(h) If the entity receiving the grant in a county is a resource and referral agency, the resource and referral agency shall collaborate with, and subgrant funds where appropriate to, the local planning council to implement the activities of this section.
(i) (1) Funds that are allocated or awarded pursuant to this section shall be expended on or before June 30, 2026. The department shall then initiate collection proceedings for unexpended funds. 2028. Notwithstanding any other law, on June 30, 2029, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund.
(2) The department shall initiate collection proceedings for grant funds used by grantees in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subdivision (f).
(j) This section does not prohibit counties from joining together to address
regional needs with their funding and developing regional plans.
(k) The Superintendent shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2026, 2029, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this section.
(l) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of
Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.
(m) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (l) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent.
SEC. 7.
Section 8337 of the Education Code is amended to read:8337.
(a) The Legislature finds and declares all of the following:(1) Early childhood inclusion embodies the values, policies, and practices that support the right of every infant and young child and their family, regardless of ability, to participate in a broad range of activities and contexts as full members of families, communities, and society. The desired results of inclusive experiences for children with and without disabilities and their families include a sense of belonging and membership, positive social relationships and friendships, and development and learning to reach their full potential. The defining features of inclusion that can be used to identify high-quality early childhood programs and services are access, participation, and supports.
(2) In accordance with the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), all young children with exceptional needs should have access to inclusive high-quality early care and education programs where they are able to learn alongside children who do not have exceptional needs and are provided with individualized and appropriate supports to enable them to meet high expectations.
(3) Inclusive early care and education programs can improve a child’s developmental progress and educational outcomes, especially for children with exceptional needs.
(4) Interventions provided to children with exceptional needs, including children who are at risk of requiring services for pupils with exceptional needs, can be more effective when a child is younger.
(5) Access to inclusive early care and education programs benefits communities and families, especially when programs are coordinated with public elementary and secondary education systems to create a developmental and educational continuum of support.
(b) The Inclusive Early Education Expansion Program is hereby established for the purpose of increasing access to inclusive early care and education programs.
(c) The sum of one hundred sixty-seven million two hundred forty-two thousand dollars ($167,242,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies for the Inclusive Early Education Expansion Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2023.
(d) The sum of two hundred fifty million
dollars ($250,000,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies for the Inclusive Early Education Expansion Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2027.
(e) The department’s divisions for special education and early education programs shall work collaboratively to administer the program, including developing criteria for the selection of grantees.
(f) At a minimum, an applicant shall be a local educational agency and shall include all of the following information in its grant application:
(1) A proposal to increase access to subsidized inclusive early care and education programs for children up to five years of age, including those defined as “children with exceptional needs” pursuant to
Section 8205, in low-income and high-need communities. “High-need” shall be defined pursuant to the county childcare needs assessment specified in Section 10486 of the Welfare and Institutions Code and other factors as determined by the Superintendent. The proposal shall quantify the number of additional subsidized children proposed to be served, including children with exceptional needs.
(2) A plan to fiscally sustain subsidized spaces or programs created by grant funds beyond the grant period. Subsidies may be funded with private, local, state, or federal funds, but shall be able to demonstrate a reasonable expectation of sustainability.
(3) (A) The identification of local resources to contribute 33 percent of the total award amount. The total award amount shall include state and local resources. Local resources may include in-kind contributions.
(B) A school district shall provide 33 percent of the cost of the project. This subparagraph shall not apply to a school district that self-certifies that it meets the requirements for financial hardship pursuant to Section 17075.10.
(4) The identification of resources necessary to support lead agency professional development to allow staff to develop the knowledge and skills required to implement effective inclusive practices and fiscal sustainability.
(5) A description of the special education expertise that will be used to ensure the funds are used in a high-quality, inclusive manner.
(g) This section does not prohibit a local educational agency from applying on behalf of a consortium of providers within the local educational agency’s program area,
including public and private agencies that will provide inclusive early care and education programs on behalf of the applicant.
(h) Grants shall be awarded on a competitive basis. Priority shall be given to all of the following:
(1) Applicants with a demonstrated need for expanded access to inclusive early care and education.
(2) Applicants in low-income communities and applicants that represent a consortium of local partners, including local special education partners and those with expertise in inclusive early learning and care environments.
(3) Applicants who demonstrate the ability to serve a broad range of disabilities.
(4) Applicants who do or plan to serve children with disabilities
in proportion to their rate of identification similar to local educational agencies in their region.
(i) Grants may be used for one-time infrastructure costs only, including, but not limited to, adaptive and universal design facility renovations, adaptive equipment, and professional development. Funds shall not be used for ongoing expenditures.
(j) A grant recipient shall commit to provide program data and participate in overall program evaluation to ensure expanded access to inclusive environments, as specified by the department, as a condition of the receipt of grant funding.
(k) The department may reserve up to 1 percent of the program funds to support an evaluation to address improved access, participation, and supports to inclusive early learning and care programs and program and child outcomes.
(l) Commencing in the 2018–19 fiscal year, the department shall convene a stakeholder workgroup that includes, but is not limited to, representatives from the relevant divisions in the department, the State Department of Developmental Services, the State Interagency Coordinating Council on Early Intervention, local educational agencies, appropriate county agencies, regional centers, and resource and referral agencies. The workgroup shall be maintained through June 30, 2027, with the goal of providing continuous improvement in the inclusion of children with exceptional needs in early care and education settings. The department shall include representatives of local educational agencies participating in the Inclusive Early Education Expansion Program established in this section and county offices of education in this workgroup, when appropriate, to share challenges, barriers, and best practices.
(m) Notwithstanding subdivision (d), the Superintendent may allocate up to fifty million dollars ($50,000,000) ten million dollars ($10,000,000) of the amount appropriated pursuant to subdivision (d) to address state-level systems building and align local practice with the research and practice-based strategies that support inclusive fiscal and programmatic educational planning and best promote pupil outcomes and program quality. Specific activities shall include:
(1) Providing technical assistance, practice-based coaching, and job-embedded professional learning to support grantees, as necessary, around inclusion, social-emotional well-being of children, and strategies to leverage all available funding for inclusive environments in early
education and to promote comprehensive fiscal and programmatic strategic planning at the local level.
(2) Developing culturally and linguistically responsive resources, as needed for grantees.
(3) Providing regional supports for early education inclusion integrated into a California state preschool program support system.
(4) Facilitation of the workgroup pursuant to subdivision (l).
(n) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated in subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts
and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year.
(o) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated in subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
SEC. 8.
Section 8902 of the Education Code is amended to read:8902.
(a) The Legislature finds and declares all of the following:(1) The COVID-19 pandemic has continued to exacerbate conditions associated with poverty, including food insecurity, housing and employment instability, and inadequate health care.
(2) Community schools offer unique models to more efficiently and effectively provide trauma-informed integrated educational, health, and mental health services to pupils with a wide range of needs that have been affected by the COVID-19 pandemic.
(3) Additional investment in community schools that provide integrated pupil supports, community partnerships, and expanded learning opportunities will
help address the trauma and loss of learning that have resulted from the COVID-19 pandemic. Statewide investment in community schools, supported by local networks designed to coordinate services and resources, are critical to realize whole-child education.
(b) For the 2021–22 fiscal year, the sum of two billion eight hundred thirty-six million six hundred sixty thousand dollars ($2,836,660,000) is hereby appropriated from the General Fund to the Superintendent to administer the California Community Schools Partnership Program, established by Section 117 of Chapter 24 of the Statutes of 2020, as amended by Section 63 of Chapter 110 of the Statutes of 2020, in the manner and for the purposes set forth in this section. These funds shall be used in accordance with the California Community Schools Framework, as adopted by the state board. These funds shall not be used for punitive disciplinary practices or the engagement of campus law enforcement.
These funds shall be available for encumbrance or expenditure until June 30, 2032. The funds shall be distributed as follows:
(1) At least two billion six hundred ninety-four million eight hundred twenty-seven thousand dollars ($2,694,827,000) shall be allocated to establish new, and expand existing, community schools supported by local educational agencies or consortiums that help coordinate services and manage learning networks for these schools.
(2) Up to one hundred forty-one million eight hundred thirty-three thousand dollars ($141,833,000) shall be allocated to contract with local educational agencies to create a network of at least five regional technical assistance centers, pursuant to subdivision (l), to provide support and assistance to local educational agencies, or consortiums, and community schools through the 2027–28 school year. Regional technical assistance
center responsibilities shall include all of the following:
(A) Outreach and technical assistance to potential applicants as needed before or after awarding a grant under the program.
(B) Development of community school resources, sharing of best practices, and data collection and use.
(C) Development of optional centralized planning templates to support interagency planning and the leveraging of funding for the community school initiative, including, but not limited to, funding from the Expanded Learning Opportunities Program, the California state preschool program, Universal Transitional Kindergarten, universal meal programs, health and mental health supports for pupils and staff, the local control funding formula, and any other available local, state, or federal funds that may facilitate and sustain the community
school initiative.
(D) Facilitation of peer support networks for qualifying entities and county offices of education to support community engagement and the provision of supports within a multitiered system of support leading to positive and equitable pupil academic and well-being outcomes, as well as positive school climate outcomes, for both state and local measures identified in the local educational agency’s local control and accountability plan.
(3) (A) Up to one hundred forty million dollars ($140,000,000) shall be allocated to county offices of education serving at least two qualifying entities receiving grant funding pursuant to subdivision (g) or (h) to coordinate county-level governmental, nonprofit community-based organizations, and other external partnerships to support community school implementation at grant recipients in their county. This
shall include designating a county-level community schools liaison to coordinate with the department and technical assistance centers in capacity building, resource connection, and continuous improvement activities consistent with supporting grant recipients in their county in implementation of community schools, as specified in subdivisions (g) and (h). County office of education grant award amounts under this paragraph shall be determined based on the number of community schools funded pursuant to this chapter, and the number of pupils served in those schools, using an allocation formula determined by the Superintendent, and provide at least two hundred thousand dollars ($200,000) and up to five hundred thousand dollars ($500,000) annually, for seven years, for each qualifying county office of education. These funds are separate from any funds county offices of education receive pursuant to paragraph (3) of subdivision (h) for serving as qualifying entities to a network of community schools.
(B) County offices of education receiving funds pursuant to this paragraph shall support centralized grant recipient communications with county-level governmental partners and funding sources, which may include, but not be limited to, pupil support and health care service billing and billing practices technical assistance.
(C) County offices of education receiving funds pursuant to this paragraph shall support local educational agency planning and use of pupil and campus data for integrating community school, expanded learning, early childhood education, county behavioral health, educator professional development, and other state-funded initiatives integral to the four pillars of a community school approach as described in subdivision (b) of Section 8901, which may be part of the qualifying entity’s local control and accountability plan process pursuant to Section 47606.5, 52060, or
52066, as applicable.
(c) On or before November 15, 2021, the Superintendent, with the approval of the state board, shall update as necessary, the application process and administration plan for the selection of grant recipients under the program, which may include prioritization for awards. After November 15, 2021, the Superintendent shall update the state board on an annual basis regarding the administration of this chapter and present to the state board any proposed changes to the application process and administration plan.
(d) The Superintendent shall award, subject to the approval of the state board, grants on a competitive basis to qualifying entities for planning grants for new community schools, implementation grants for new community schools or for the expansion or continuation of existing community schools, and extension grants, as provided, to representative qualifying
entities in northern, central, and southern California, and in urban, suburban, and rural areas.
(e) A qualifying entity seeking a grant under this chapter shall submit an application to the Superintendent at a time and in a manner, and with any appropriate information, as the Superintendent may reasonably require. Each grant application submitted shall include all of the following:
(1) A description and documentation of how the participating community and cooperating agencies have been and will be engaged in the community school model.
(2) A description of all of the programs and services to be provided at the schoolsite, at a site near or adjacent to the school, or virtually.
(3) A description of all direct and indirect resources to be used for the
community school program, and the agencies responsible for the implementation of the program.
(4) Provisions for data collection and recordkeeping, including records of the population served, the components of the service, the outcomes of the service, and costs, including all of the following:
(A) Direct costs.
(B) Indirect costs.
(C) Costs to other agencies.
(D) Cost savings.
(f) The Superintendent shall prioritize grant funding to qualifying entities who meet all of the following:
(1) Serve pupils in schools or a partner school or schools in which at least 80
percent of the pupil population are unduplicated pupils.
(2) Demonstrate a need for expanded access to integrated services, including those disproportionately impacted by the COVID-19 pandemic.
(3) Involve pupils, parents, certificated and classified school staff, and cooperating agency personnel in the process of identifying the needs of pupils and families, and in the planning of support services to be offered.
(4) Commit to providing trauma-informed health, mental health, and social services for pupils within a multitiered system of support at the schoolsite, or an adjacent location, and partner with other schools, school districts, county agencies, or nongovernmental organizations.
(5) For qualifying entities that serve elementary school pupils, or
for schools where there is a demonstrated need for childcare, including, but not limited to, programs for pregnant and parenting teens, commit to providing early care and education services for children from birth to five years of age, inclusive, through one or more local educational agencies or community-based organizations.
(6) Identify a cooperating agency collaboration process, including cosignatories, a mechanism for sharing governance, which may include a plan to use existing or create shared decisionmaking teams that include pupils, families, educators, and community-based organizations, and for integrating or redirecting existing resources and other school support services.
(7) Plan to support a network of site-based community schools at schoolsites that have the capacity to ensure that services, professional development, and engagement can occur on schoolsite, or at an
adjacent location, with the support of community-based organizations and other relevant providers, for all relevant stakeholders.
(8) Identify a plan to sustain community school services after grant expiration, including by maximizing reimbursement for services from available sources, including, but not limited to, the Local Educational Agency Medi-Cal Billing Option Program, School-Based Medi-Cal Administrative Activities program, and reimbursable mental health specialty care services provided under the federal Early and Periodic Screening, Diagnosis and Treatment program (42 U.S.C. Sec. 1396d(a)(4)(B)).
(g) (1) Of the amount identified in paragraph (1) of subdivision (b), including all other funds appropriated for this program in the Budget Act of 2021, at least 10 percent shall be available for planning grants of up to two hundred thousand dollars
($200,000) per qualifying entity, and shall be allocated in the 2021–22 and 2022–23 fiscal years, for up to a two-year planning grant period, for local educational agencies with no existing community schools. The planning grant may be used for any of the following purposes:
(A) Staffing costs for a community school coordinator.
(B) Conducting a comprehensive school and community needs and asset assessment, including, but not limited to, pupil and community demographics, school climate, integrated support services, expanded learning time, educator, family, pupil, and community engagement, new or existing partnerships with governmental entities or community-based organizations, and available funding sources.
(C) Grant application support, service billing development, and other administrative costs necessary to launch a
community school model at scale.
(D) Partnership development and coordination support between the grantee and cooperating agencies.
(E) Providing training and support to local educational agency and cooperating agency personnel to develop best practices for integrating instruction and pupil supports.
(F) Preparing a community school implementation plan for submission to the governing board or body of the local educational agency and to the department.
(2) Any remaining planning grant funding available at the conclusion of the planning grant period shall be made available for implementation grants.
(h) (1) Of the amount identified in paragraph (1) of subdivision (b),
including all other funds appropriated for this program in the Budget Act of 2021, up to 72 percent shall be available for implementation grants to qualified entities. Implementation grants shall be at least one hundred thousand dollars ($100,000) and up to five hundred thousand dollars ($500,000) annually per schoolsite for new community schools or for the expansion or continuation of existing community schools that agree to align with the provisions of this chapter. New and existing community schools shall be funded for five years, upon submission to the department of a community school plan and evidence of ongoing progress as part of the annual formative evaluations specified in subdivision (n). The implementation grant may be used for any of the following purposes:
(A) Staffing, including, but not limited to, a community school coordinator, and contractor capacity.
(B) Coordinating and providing support services to pupils and families at or near community schools, including through childcare, expanded learning time before and after school, and during school intersessions.
(C) Providing training and support to local educational agency personnel, and partner agency personnel on integrating school-based pupil supports, social-emotional well-being, trauma-informed practices, and establishing sustainable community school funding sources.
(D) Designing and executing educator, family, pupil, and community engagement strategies.
(E) Ongoing data collection and program evaluations, including at least one measure of growth in individual pupil well-being as measured through pupil surveys or the compilation of screening tool results.
(F) Implementing the sustainability plan described in paragraph (8) of subdivision (f) and updating the plan as necessary.
(G) Securing various long-term funding streams and commitments from partners that will continue to provide financial assistance or other means of support.
(H) Building capacity around sustainability and other efforts to support ongoing community school programming.
(I) Conducting a comprehensive school and community needs and asset assessment to support a continuous improvement process.
(2) The Superintendent shall prioritize new community schools for implementation grants under paragraph (1) and those moneys shall supplement, not supplant, existing services and funds.
(3) A local educational agency grantee may retain up to the lesser of five hundred thousand dollars ($500,000) or 10 percent of the total funds awarded pursuant to this subdivision for its sites each year. These funds shall be used to administer implementation grants locally, manage professional learning and networking, and coordinate services and funding streams for community schools under the local educational agency grantee. Funds retained by the local educational agency grantee to provide direct services to pupils may be retained separately from this administrative set-aside.
(4) The funding under paragraph (3) shall supplement, and not supplant, existing services and funds, and shall be used for ongoing coordination of services, management of the community school, and ongoing data collection and program evaluations.
(5) Implementation grant funds may carry over from year to year and are restricted to permitted uses of the funds.
(6) Qualifying entities that receive implementation grants shall annually report and publicly present their community school plans, including data and outcomes from the prior year, at the schoolsite and at a meeting of the governing board of the school district, county board of education, or the governing body of the charter school. Implementation grant recipients shall publicly post their community school grant application and community schools plan on the local educational agency’s internet website.
(7) The department may allocate any funds returned pursuant to this subdivision for the purposes provided in subdivision (k).
(i) It is the intent of the Legislature that qualifying entities that serve high school pupils with significant populations of undocumented pupils in grades 9 to 12, inclusive, implement a Dream Resource Center as part of their community school model.
(j) (1) All planning and implementation grants awarded under subdivisions (g) and (h) shall be matched by the qualifying entity or its cooperating agencies with a local match equal to one-third of the grant amount. The local match shall be contributed in cash or as services or resources of comparable value, as determined by the department.
(2) The Superintendent shall reserve adequate funding pursuant to this section to preserve capacity for qualifying entities receiving planning grants pursuant to subdivision (g) to receive implementation grants
pursuant to subdivision (h) at the end of their planning grant period, if all planning grant requirements are met and planning grantee applicants meet implementation grant eligibility requirements pursuant to this section.
(3) Beginning July 1, 2024, the Superintendent shall prioritize awarding implementation grants to planning grantees. Notwithstanding paragraph (2), to the extent that sufficient funding is not available to fund implementation grants for all planning grantee applicants, the department shall use the priorities described in subdivision (f) to determine which planning grantee schools receive implementation grants.
(k) (1) Of the amount identified in paragraph (1) of subdivision (b), at least 18 percent shall be available for the option to extend implementation grants from five years to seven years for ongoing coordination costs to local
educational agency implementation grantees of up to one hundred thousand dollars ($100,000) annually per site of an existing community school, and shall be allocated, beginning with the 2027–28 fiscal year, through the 2031–32 fiscal year.
(2) (A) The funding under paragraph (1) shall support the ongoing implementation of the community school initiative’s sustainability plan pursuant to paragraph (8) of subdivision (f) at each schoolsite receiving funding pursuant to subdivision (h). The department may request evidence that the local educational agency grantees have spent implementation grant funding in alignment with their implementation plans and are tracking short-term results of their efforts before awarding implementation grant extensions.
(B) The funding under paragraph (1) shall supplement, not supplant, existing services and funds, and shall be used
for ongoing coordination of services, management of the community school, and ongoing data collection and program evaluations.
(3) All grant extensions awarded under paragraph (1) shall be matched by the participating qualifying entity or its cooperating agencies with a local match equal to one dollar ($1) for each dollar ($1) of extension grant funding received. The match shall be contributed in cash or as services or resources of comparable value, as determined by the department.
(l) Of the amount identified in paragraph (2) of subdivision (b), the Superintendent shall contract, subject to the approval of the state board, on a competitive basis with at least five local educational agencies to serve as regional technical assistance centers to provide technical assistance to grant recipients seeking to establish or expand community schools. Preference shall be given to
local educational agencies that commit to partner with institutions of higher education or nonprofit community-based organizations. Technical assistance shall, to the extent practicable, be provided in consultation and collaboration with the statewide system of support established pursuant to Section 52059.5, and be made available to share best practices and assist both prospective applicants and grant recipients with tasks, including, but not limited to, all of the following:
(1) Conducting a comprehensive school and community needs and asset assessment.
(2) Improving authentic family and community engagement in the languages spoken in the community.
(3) Creating community partnerships.
(4) Developing sustainable funding sources.
(5) Coordinating services across child-serving agencies and schools.
(6) Accessing and combining funding for services from multiple revenue sources.
(m) Grant recipients and regional technical assistance centers shall commit to providing program and expenditure data to the department, as specified by the Superintendent, and participating in overall program evaluation.
(n) (1) The impact of the grant program in achieving the goals described in this section, including an evaluation of the effectiveness of the opportunities provided, shall be included as part of an annual formative evaluation of the program.
(2) The Superintendent shall use a competitive grant process to
contract with an entity to develop and administer annual formative evaluations. The evaluations shall include all of the following:
(A) Outcome data, as specified by the department and the state board, including measures of pupil well-being and engagement, including, but not limited to, pupil attendance and school climate.
(B) An analysis of the nature and kind of services provided and changes made within the schools, areas of progress, and challenges to be addressed to meet the goals of the California Community Schools Partnership Program, including, but not limited to, effective integration of instructional and pupil support services, and support for authentic pupil, educator, and family engagement.
(C) Evidence of best practices and successful strategies for integrating multiple funding sources to meet a local
educational agency’s school improvement goals identified in their local control and accountability plan.
(3) (A) The Superintendent shall provide a formative evaluation to the Governor and the appropriate policy and fiscal committees of the Legislature by December 31, 2023, and annually thereafter, ending with a final comprehensive report on or before December 31, 2031.
(B) The annual formative evaluations shall be made publicly available on the department’s internet website.
(C) The annual formative evaluations shall be separate from the comprehensive report that is required to be submitted on December 31, 2025, to the Governor and the appropriate policy and fiscal committees of the Legislature, pursuant to Section 117 of Chapter 110 of the Statutes of 2020.
(D) The final comprehensive report shall be provided to the Governor and the appropriate policy and fiscal committees of the Legislature on the impact of the grant program in achieving the goals described in this section, including an evaluation of the effectiveness of the opportunities provided.
(o) In addition to the amount specified in subdivision (b), the sum of one billion one hundred thirty-two million five hundred fifty-four thousand dollars ($1,132,554,000) is hereby appropriated from the General Fund in the 2022–23 fiscal year to the Superintendent for allocation beginning in the 2023–24 fiscal year for implementation grants and grant extensions consistent with the purposes and requirements of subdivision (b).
(p) (1) For purposes of making the computations required by Section 8 of Article
XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (o) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year.
SEC. 9.
Section 14041.5 of the Education Code is amended to read:14041.5.
(a) Notwithstanding subdivision (a) of Section 14041, for the 2002–03 fiscal year to the 2013–14 fiscal year, inclusive, and for the 2019–20 to the 2020–21 fiscal year, inclusive, warrants for the principal apportionments for the month of June instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41335.(b) Except as otherwise provided in this section, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 for the fiscal year in which the warrants are drawn and included within
the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn.
(c) For the 2003–04 school year, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2004–05 fiscal year shall be seven hundred twenty-six million two hundred seventy thousand dollars ($726,270,000). Any
amount in excess of seven hundred twenty-six million two hundred seventy thousand dollars ($726,270,000) that is apportioned in July of 2004 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2003–04 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2003–04 fiscal year.
(d) For the 2004–05 school year to the 2007–08 school year, inclusive, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school
districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the following fiscal year shall be seven hundred fifteen million one hundred eighteen thousand dollars ($715,118,000). Any amount in excess of seven hundred fifteen million one hundred eighteen thousand dollars ($715,118,000) that is apportioned in July of any year is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the prior fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the prior fiscal year.
(e) For the 2008–09 school year to the 2013–14 school year, inclusive, the amount of
apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the following fiscal year shall be one billion one hundred one million six hundred fifty-five thousand dollars ($1,101,655,000). Any amount in excess of one billion one hundred one million six hundred fifty-five thousand dollars ($1,101,655,000) that is apportioned in July of any year is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the prior fiscal year and included within the “total allocations to school districts
and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the prior fiscal year.
(f) (1) (A) For the 2019–20 fiscal year, the amount of apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2020–21 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year shall be one billion eight hundred fifty million three hundred seventy-seven thousand dollars ($1,850,377,000). Any amount in excess of one billion eight hundred fifty million three
hundred seventy-seven thousand dollars ($1,850,377,000) that is apportioned in July 2020 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2019–20 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2019–20 fiscal year.
(B) For the 2020–21 fiscal year, the amount of apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in
subdivision (e) of Section 41202, for the 2021–22 fiscal year shall be two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000). Any amount in excess of two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000) that is apportioned in July 2021 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2020–21 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
(2) For the 2019–20 fiscal year, the principal apportionment deferred from June to July pursuant to subdivision (a) shall be paid by the Controller no later than July 15, 2020.
(g) (1) For the 2022–23 fiscal year, eighty-eight million four hundred seventy-one thousand dollars ($88,471,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(2) For the 2023–24 fiscal year, one billion five hundred sixty-eight million two hundred sixty-three thousand dollars ($1,568,263,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,”
as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(3) For the 2023–24 fiscal year, three billion six hundred five million one hundred seventy-three thousand dollars ($3,605,173,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2024–25 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year.
SEC. 10.
Section 14041.6 of the Education Code is amended to read:14041.6.
(a) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2008–09 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339.(b) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2009–10 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of April in the amount of six hundred seventy-eight million six hundred eleven thousand dollars ($678,611,000) and for
the month of May in the amount of one billion dollars ($1,000,000,000) instead shall be drawn in August pursuant to the certification made pursuant to Section 41339.
(c) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2010–11 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000), for the month of April in the amount of four hundred nineteen million twenty thousand dollars ($419,020,000), for the month of May in the amount of eight hundred million dollars ($800,000,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of April in the amount of six hundred seventy-eight million six hundred eleven thousand dollars ($678,611,000) and for the month of May in the amount of one billion dollars ($1,000,000,000) instead
shall be drawn in August pursuant to the certification made pursuant to Section 41339.
(d) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2011–12 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000), for the month of April in the amount of four hundred nineteen million twenty thousand dollars ($419,020,000), for the month of May in the amount of eight hundred million dollars ($800,000,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of March in the amount of one billion three hundred million dollars ($1,300,000,000), for the month of April in the amount of one billion four hundred forty-two million four hundred five thousand dollars ($1,442,405,000), and for the month of May in the amount of one billion
dollars ($1,000,000,000) instead shall be drawn in August pursuant to the certification made pursuant to Section 41339.
(e) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2012–13 fiscal year, warrants for the principal apportionments for the month of February in the amount of five hundred thirty-one million seven hundred twenty thousand dollars ($531,720,000), for the month of April in the amount of five hundred ninety-four million seven hundred forty-eight thousand dollars ($594,748,000), for the month of May in the amount of one billion nine hundred seventy-six million seven hundred one thousand dollars ($1,976,701,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of March in the amount of one billion twenty-nine million four hundred ninety-three thousand dollars ($1,029,493,000) and for
the month of April in the amount of seven hundred sixty-three million seven hundred ninety-four thousand dollars ($763,794,000) instead shall be drawn in August pursuant to the certification made pursuant to Section 41339.
(f) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2013–14 fiscal year, warrants for the principal apportionments for the month of April in the amount of nine hundred seventeen million five hundred forty-two thousand dollars ($917,542,000), for the month of May in the amount of two billion one hundred fifty-two million four hundred thirty thousand dollars ($2,152,430,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339.
(g) Notwithstanding subdivision (a) of Section 14041, or
any other law, for the 2013–14 fiscal year, warrants for the principal apportionments for the month of May in the amount of two hundred million dollars ($200,000,000) and for the month of June in the amount of six hundred ninety-nine million four hundred seventy-three thousand dollars ($699,473,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339. The Superintendent shall allocate this deferred amount and repayment to local educational agencies based on their proportionate share of funding appropriated to local educational agencies pursuant to Section 92 of Chapter 38 of the Statutes of 2012.
(h) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2014–15 fiscal year, warrants for the principal apportionments for the month of June in the amount of eight hundred ninety-seven million one hundred eighty-four thousand dollars ($897,184,000) instead shall
be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339.
(i) (1) (A) Except as provided in Section 14041.65 and notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of February in the amount of one billion five hundred forty million three hundred three thousand dollars ($1,540,303,000) shall instead be drawn in November of the same calendar year pursuant to the certification made pursuant to Section 41332.
(B) Except as provided in Section 14041.65 and notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of March in the amount of two billion three hundred seventy-five million three hundred
eight thousand dollars ($2,375,308,000) shall instead be drawn in October of the same calendar year pursuant to the certification made pursuant to Section 41332.
(C) Except as provided in Section 14041.65 and notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of April in the amount of two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000) shall instead be drawn in September of the same calendar year pursuant to the certification made pursuant to Section 41332.
(D) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of May in the amount of two billion three hundred seventy-five million three hundred eight thousand dollars
($2,375,308,000) shall instead be drawn in August of the same calendar year pursuant to the certification made pursuant to Section 41335.
(2) Pursuant to Section 8.28 of the Budget Act of 2020, 2020 (Chs. 6 and 7, Stats. 2020), if the Director of Finance determines that there are sufficient federal funds provided to the state for the 2020–21 fiscal year that may be used to offset the deferral of payments in the amount specified in Section 8.28 of the Budget Act of 2020, 2020 (Chs. 6 and 7, Stats. 2020), the Director of Finance shall reduce the amounts described in
paragraph (1). In reducing these amounts, the Director of Finance shall first reduce the amounts deferred from any months occurring earliest in the 2020–21 fiscal year.
(j)(1)Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2023–24 fiscal year, warrants for the principal apportionments for the month of June in the amount of three billion five hundred
seventy million one hundred eight thousand dollars ($3,570,108,000) shall instead be drawn in July of the same calendar year pursuant to Section 41332.
(2)
(j) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2024–25 fiscal year, warrants for the principal apportionments for the month of June in the amount of two hundred forty-five million six hundred four thousand dollars ($245,604,000) or the total June principal apportionment payment, whichever is less, shall instead be drawn in July of the same calendar year pursuant to Section 41332.
41335.
(k) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2025–26 fiscal year, warrants for the principal apportionments for the month of June in the amount of one billion eight hundred seventy-four million seven hundred eighty-one thousand dollars ($1,874,781,000), or the total June principal apportionment payment, whichever is less, shall instead be drawn in July of the same calendar year pursuant to Section 41335.
(k)
(l) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivisions (a) to (j), inclusive, shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn.
(l)
(m) Notwithstanding subdivision (k),
(l), for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one billion five hundred ninety million four hundred forty-nine thousand dollars ($1,590,449,000) of the warrants drawn in August of 2013 pursuant to subdivision (e) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2012–13 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2012–13 fiscal year.
(m)
(n) Notwithstanding subdivision (k)
(l) of this section and subdivision (e) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one billion two hundred ninety-four million seven hundred twenty thousand dollars ($1,294,720,000) of the warrants drawn in July 2014 pursuant to subdivisions (f) and (g) of this section and subdivision (e) of Section 14041.5 shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2012–13 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2012–13 fiscal year.
(n)
(o) Notwithstanding subdivision (k)
(l) of this section and subdivision (e) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, two billion seven hundred eighty million five hundred twenty-six thousand dollars ($2,780,526,000) of the warrants drawn in July 2014 pursuant to subdivisions (f) and (g) of this section and subdivision (e) of Section 14041.5 shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2013–14 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2013–14 fiscal year.
(o)
(p) (1) Notwithstanding subdivision (k) (l) of this section and subdivision (f) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, eight billion forty-one million five hundred thirty-five thousand dollars ($8,041,535,000) of the warrants drawn in the 2021–22 fiscal year pursuant to subdivision (i) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts
from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
(2) Notwithstanding subdivision (k) (l) of this section and subdivision (f) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, six hundred twenty-four million six hundred ninety-two thousand dollars ($624,692,000) of the warrants drawn in the 2021–22 fiscal year pursuant to subdivision (i) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn, and included within the
“total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn.
(p)(1)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made in paragraph (1) of subdivision (j) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year.
(2)
(q) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount of two hundred forty-six million six hundred four thousand dollars ($246,604,000) of the appropriations made in paragraph (2) of subdivision (j) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of
Section 41202, for the 2025–26 fiscal year.
(r) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount of one billion eight hundred seventy-four million seven hundred eighty-one thousand dollars ($1,874,781,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year.
SEC. 11.
Section 14041.8 of the Education Code is amended to read:14041.8.
(a) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of February, that are instead to be drawn in November, pursuant to Section 14041.6, may be drawn in February, subject to the approval of the Director of Finance, for a charter school or school district as follows:(A) In order for a charter school to receive a payment in February pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the charter
school being unable to meet its financial obligations for February or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for February and any subsequent month until the deferral is repaid, as applicable.
(B) In order for a school district to receive a payment in February pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for February or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for February
and any subsequent month until the deferral is repaid, as applicable.
(C) To make the certification specified in subparagraph (B), both of the following criteria shall be met:
(i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution.
(ii) If not exempt from the February deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2.
(D) A charter school or school
district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable.
(2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments
in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.
(3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the
Director of Finance.
(4) Payments pursuant to this subdivision shall be made by the Controller on or before February 26, 2021.
(b) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of March, that are instead to be drawn in October, pursuant to Section 14041.6, may be drawn in March, subject to the approval of the Director of Finance, for a charter school or school district as follows:
(A) In order for a charter school to receive a payment in March pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before December 15, 2020, that the deferral of warrants
pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for March or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for March and any subsequent month until the deferral is repaid, as applicable.
(B) In order for a school district to receive a payment in March pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for March or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to
meet its financial obligations for March and any subsequent month until the deferral is repaid, as applicable.
(C) To make the certification specified in subparagraph (B), both of the following criteria shall be met:
(i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution.
(ii) If not exempt from the March deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2.
(D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable.
(2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the Controller, the Treasurer, and the Director of Finance shall determine whether
sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.
(3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph
(1) was provided to the Superintendent and the Director of Finance.
(4) Payments pursuant to this subdivision shall be made by the Controller on or before March 30, 2021.
(c) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of April, that are instead to be drawn in September, pursuant to Section 14041.6, may be drawn in April, subject to the approval of the Director of Finance, for a charter school or school district as follows:
(A) In order for a charter school to receive a payment in April pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before
December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for April or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for April and any subsequent month until the deferral is repaid, as applicable.
(B) In order for a school district to receive a payment in April pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for April or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of
additional funds necessary for the school district to meet its financial obligations for April and any subsequent month until the deferral is repaid, as applicable.
(C) To make the certification specified in subparagraph (B), both of the following criteria shall be met:
(i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution.
(ii) If not exempt from the April deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2.
(D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable.
(2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the Controller, the Treasurer, and
the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.
(3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on
which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance.
(4) Payments pursuant to this subdivision shall be made by the Controller on or before April 30, 2021.
(d) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of May, that are instead to be drawn in August, pursuant to Section 14041.6, may be drawn in May, subject to the approval of the Director of Finance, for a charter school or school district as follows:
(A) In order for a charter school to receive a payment in May pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and
the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for May or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for May and any subsequent month until the deferral is repaid, as applicable.
(B) In order for a school district to receive a payment in May pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for May or any subsequent month until the deferral is repaid, and shall provide the Superintendent an
estimate of the amount of additional funds necessary for the school district to meet its financial obligations for May and any subsequent month until the deferral is repaid, as applicable.
(C) To make the certification specified in subparagraph (B), both of the following criteria shall be met:
(i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution.
(ii) If not exempt from the May deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of
Division 3 of Title 2.
(D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable.
(2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the
Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.
(3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be
prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance.
(4) Payments pursuant to this subdivision shall be made by the Controller on or before May 28, 2021.
(e) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.5, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows:
(A) In order for a charter school to receive a payment in June pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall
certify to the Superintendent and the Director of Finance on or before April 1 that the deferral of warrants pursuant to Section 14041.5 will result in the charter school being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable.
(B) In order for a school district to receive a payment in June pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1 that the deferral of warrants pursuant to Section 14041.5 will result in the school district being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall provide the
Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable.
(C) To make the certification specified in subparagraph (B), both of the following criteria shall be met:
(i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution.
(ii) If not exempt from the June deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3
of Part 24 of Division 3 of Title 2.
(D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable.
(2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before May 1,
the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.
(3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be
prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance.
(4) Payments pursuant to this subdivision shall be made by the Controller on or before June 30, 2021.
(f) (1) For the 2024–25 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.6, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows:
(A) In order for a charter school to receive a payment in June pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall
certify to the Superintendent and the Director of Finance on or before April 1, 2025, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable.
(B) In order for a school district to receive a payment in June pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1, 2025, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall
provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable.
(C) To make the certification specified in subparagraph (B), both of the following criteria shall be met:
(i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution.
(ii) If not exempt from the June deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320)
of Chapter 3 of Part 24 of Division 3 of Title 2.
(D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable.
(2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, Treasurer, and Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before
May 1, 2025, the Controller, Treasurer, and Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.
(3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be
prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance.
(4) Payments pursuant to this subdivision shall be made by the Controller on or before June 30, 2025.
(g) (1) For the 2025–26 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.6, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows:
(A) In order for a charter school to receive a payment in June pursuant to this subdivision, the
chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before April 1, 2026, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for June or July, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for June and July, as applicable.
(B) In order for a school district to receive a payment in June pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1, 2026, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for June or July, and shall provide the Superintendent an estimate of the
amount of additional funds necessary for the school district to meet its financial obligations for June and July, as applicable.
(C) To make the certification specified in subparagraph (B), both of the following criteria shall be met:
(i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution.
(ii) If not exempt from the June deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2.
(D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable.
(2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, Treasurer, and Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before May 1, 2026, the Controller, Treasurer, and Director of Finance
shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid.
(3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification
described in paragraph (1) was provided to the Superintendent and the Director of Finance.
(4) Payments pursuant to this subdivision shall be made by the Controller on or before June 30, 2026.
(g)
(h) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to paragraphs (1) and (2) of subdivisions (a) to (f),
(g), inclusive, shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn.
SEC. 12.
Section 17037 is added to the Education Code, to read:17037.
Any remaining funds, including any interest earned on those funds, in a county school lease-purchase fund for a school district that remains in the fund on and after January 1, 2026, shall not be reported or returned to the state and may be used by the school district for capital outlay expenditures for school construction.SEC. 13.
Section 17075.11 is added to the Education Code, to read:17075.11.
(a) A school district may apply for hardship assistance in cases of extraordinary circumstances.(b) A school district applying for state funding under this section shall demonstrate that due to unusual circumstances that are beyond the control of the school district, excessive costs need to be incurred in the construction of school facilities.
(c) The board shall review the increased costs that may be uniquely associated with urban construction and shall adjust the per-pupil grant for new construction or modernization hardship applications as necessary to accommodate those costs. The board shall adopt regulations setting forth the standards, methodology, and a schedule of
allowable adjustments for the urban adjustment factor established pursuant to this subdivision.
(d) This section shall apply to applications submitted on or after October 31, 2024.
SEC. 14.
Section 32526 of the Education Code is amended to read:32526.
(a) (1) For the 2022–23 fiscal year, the sum of six billion three hundred forty-five million four hundred five thousand dollars ($6,345,405,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525. The Superintendent shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to local educational agencies in the manner, and for the purposes, set forth in this section. This allocation shall be known as the Learning Recovery Emergency Block Grant.(2) For purposes of this section, the following definitions apply:
(A) “Evidence-based” has the
same meaning as that term is used in Section 7801(21)(A) of Title 20 of the United States Code.
(B) “Local educational agency” means a school district, county office of education, or charter school.
(3) The department may collect, from a local educational agency’s principal apportionment monthly payment pursuant to Section 14041, the difference between the local educational agency’s allocation for the Learning Recovery Emergency Block Grant pursuant to this section, as amended by Assembly Bill 185 of the 2021–22 Regular Session, and the revised allocation pursuant to this section, as amended by Senate Bill 114 of the 2023–24 Regular Session. The department shall report any uncollectible amounts to the Department of Finance and the Legislature by January 31, 2024.
(b) Funds described in subdivision (a) shall be
allocated on a per-unit basis of the local educational agency’s 2021–22 fiscal year second period reported kindergarten and grades 1 to 12, inclusive, average daily attendance multiplied by the local educational agency’s 2021–22 unduplicated pupil percentage calculated pursuant to Section 2574 or 42238.02, as applicable. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(c) (1) The governing board or body of a local educational agency may expend the one-time funds received pursuant to this section to establish learning recovery initiatives through the 2027–28 school year that, at a minimum, support academic learning recovery and staff and pupil social and emotional well-being.
(2) Specifically, funds received under subdivision (b) shall only be
expended for any of the following purposes:
(A) Instructional learning time for the 2022–23 through 2027–28 school years by increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other evidence-based action that increases or stabilizes the amount of instructional time or services provided to pupils, or decreases or stabilizes staff-to-pupil ratios, based on pupil learning needs.
(B) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of evidence-based learning supports, such as:
(i) Tutoring or other one-on-one or small group learning supports provided by certificated or classified staff.
(ii) Learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both.
(iii) Providing early intervention and literacy programs for pupils in preschool to grade 3, inclusive, including, but not limited to, school library access.
(iv) Supporting expanded learning opportunity program services pursuant to Section 46120.
(v) Providing instruction and services consistent with the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) regardless of grantee status.
(vi) Providing professional development and coaching on either or both of the following:
(I) The 2023 Mathematics
Framework for California Public Schools: Kindergarten Through Grade Twelve.
(II) The English Language Arts/English Language Development Framework for California Public Schools: Kindergarten Through Grade Twelve.
(C) Integrating evidence-based pupil supports to address other barriers to learning, and staff supports and training, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs.
(D) Access to instruction for credit-deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.
(E) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning.
(F) Conducting the needs assessment pursuant to subdivision (d).
(d) (1) A local educational agency that has received or will receive apportioned funds pursuant to this section shall develop a needs assessment regarding the use and expenditure of funds for the 2025–26, 2026–27, and 2027–28 school years.
(2) The local educational agency shall ensure that the needs assessment:
(A) Identifies pupils in the greatest need of learning recovery supports and the interventions that the local educational agency has selected to address those pupils’ needs pursuant to paragraph (2) of subdivision
(c).
(B) Includes a review of each of the following metrics:
(i) Assessment of academic performance in English language arts and mathematics, including, at least:
(I) Across schoolsites, as applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very Low” or “Low” status levels on the California School Dashboard.
(II) All pupils within the local educational agency whose scale score places them in the lowest achievement level or on the low end of the second lowest achievement level.
(ii) Assessment of chronic absenteeism, including at least:
(I) Across schoolsites, as
applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very High” or “High” status levels on the California School Dashboard or, for high schools, at comparatively low levels of performance based on reports on the department’s internet website.
(II) All pupils reported as chronically absent. Local educational agencies are encouraged to conduct further analysis focused on pupils who have high rates of unexcused absences.
(3) A local educational agency may include local metrics as part of the needs assessment that identify pupils who have experienced learning loss or low academic performance, such as formative or interim assessments or similar tools, or evidence of disengagement from school, such as current-year absenteeism data or any metrics the local educational agency uses to identify pupils in need of reengagement
services.
(4) The department shall provide written technical assistance for schools and local educational agencies that describes how to use local metrics in conjunction with the metrics required pursuant to paragraph (2).
(5) A local educational agency may contract with a third party to develop or otherwise support the development of the needs assessment.
(6) A local educational agency is encouraged to contract, or otherwise partner with, community-based organizations with a track record of success in serving high-needs pupils to deliver the services or programs authorized by this section.
(7) It is the intent of the Legislature that the department provide assistance to local educational agencies by providing information, including data reports,
necessary to facilitate and assist the local educational agency’s development of the needs assessment pursuant to this subdivision and integration of the needs assessments conducted pursuant to the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 137 of Chapter 52 of the Statutes of 2022 and the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) in planning pursuant to this section.
(e) (1) Local educational agencies receiving apportionments pursuant to this section shall report to the department, using the template developed by the department, and make publicly available on their internet websites, interim expenditures of those apportioned funds to the department by December 15, 2024.
(2) If a charter school ceases to operate before December 15, 2029, a final expenditure
report, using the template developed by the department, shall be due to the department within 60 days of the effective date of closure and the department shall collect any unspent amounts.
(3) (A) The department, on or before June 30, 2023, shall develop an expenditure report template for use by local educational agencies in fulfilling the requirements of paragraph (1).
(B) The template shall require the inclusion of the total expenditures, by fiscal year, for each allowable use pursuant to paragraph (2) of subdivision (c), disaggregated by each allowable use specified in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c).
(C) The template shall, to the greatest extent practicable, use language that is understandable and accessible to parents.
(f) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, five billion six hundred twenty-five million six hundred forty-eight thousand dollars ($5,625,648,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, seven hundred nineteen million seven hundred
fifty-seven thousand dollars ($719,757,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year.
(g) It is the intent of the Legislature to allocate three hundred seventy-eight million six hundred fifty thousand dollars ($378,650,000) per year from the 2025–26 fiscal year to 2027–28 fiscal year, inclusive, for the 2026–27 and 2027–28 fiscal years
to the department for transfer to the Learning Recovery Emergency Fund created pursuant to Section 32525.
(h) (1) For the 2025–26 fiscal year, the sum of three hundred seventy-eight million six hundred fifty thousand dollars ($378,650,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525, to be allocated by the Superintendent to local educational agencies operating in the 2025–26 fiscal year pursuant to the methodology specified in subdivision (b).
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (1) shall be deemed to be “General Fund revenues appropriated for
school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 15.
Section 33319.6 is added to the Education Code, immediately following Section 33319.5, to read:33319.6.
(a) No later than September 30, 2026, the state board shall approve and the department shall post on its internet website criteria and guidance for the selection or development of inservice professional development programs for effective means of teaching literacy in transitional kindergarten, kindergarten, and grades 1 to 5, inclusive, with a list of inservice professional development programs that have been deemed to meet those criteria. Professional development programs that meet the criteria and guidance may be used by local educational agencies for training certificated and classified staff who provide literacy instruction or who support any teacher who provides literacy instruction. The list shall include programs offered in different modalities, including in-person and virtual formats, and the criteria and guidance shall ensure that programs follow the precepts of effective professional development; are content focused, interactive, and collaborative; provide models of effective practice, coaching, and opportunities for feedback and reflection; provide adequate time to master the concepts being taught; and include periodic checks to demonstrate mastery of the concepts. The criteria and guidance shall also ensure that the programs meet all of the following criteria:(1) Include the requirements described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259 and evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency, attending to oral language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading
difficulties, English learners, and pupils with exceptional needs.
(2) Align to the Commission on Teacher Credentialing’s current teaching performance expectations as specified in Section 44259.7.
(3) Align to the English Language Arts/English Language Development (ELA/ELD) Framework, including integrated and designated English language development instruction adopted by the state board.
(4) Align to the program guidelines for dyslexia developed pursuant to Section 56335.
(b) The state board and department shall solicit interestholder input when developing the criteria, guidance, and list of professional development programs pursuant to subdivision (a).
(c) (1) (A) The department shall make funding available for purposes of training certificated and classified staff who provide literacy instruction, or who support any teacher who provides literacy instruction, to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, using the professional development programs that meet the criteria and guidance approved pursuant to subdivision (a). The Superintendent shall apportion these funds to local educational agencies in an equal amount per full-time equivalent certificated staff who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive.
(B) A local educational agency may expend the funds received pursuant to this subdivision from the 2026–27 fiscal year to the 2029–30 fiscal year, inclusive. A local educational agency shall ensure that teachers and all other certificated employees complete training
offered pursuant to this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative.
(2) (A) (i) If a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds shall be used to provide opportunities for professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have not passed the literacy performance assessment pursuant to Section 44320.3 or have not already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a), using one or more of the professional development programs
approved pursuant to subdivision (a), except as provided in clause (ii).
(ii) Notwithstanding clause (i), if a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds may be used to provide opportunities for professional development using a professional development program not approved pursuant to subdivision (a), provided that the program aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a).
(B) If there are remaining funds after complying with subparagraph (A), a local educational agency may provide opportunities for professional development for teachers who teach pupils in grades other than transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, as well as opportunities for additional professional
development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have passed the literacy performance assessment pursuant to Section 44320.3 or already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a).
(3) As a condition of receiving funds apportioned pursuant to this subdivision, a local educational agency shall, on or before September 1, 2029, report to the department, in a form and manner determined by the department, the number of teachers that received professional development and which professional development program was used at the local educational agency and schoolsite level.
(4) The department shall summarize the information reported pursuant to
paragraph (3) and shall submit the summary to the appropriate budget subcommittees and policy committees of the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance on or before February 1, 2030.
(d) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school.
SEC. 16.
Section 41011.1 is added to the Education Code, to read:41011.1.
(a) The accounting system used to record the financial affairs of any local educational agency shall be designed to provide a separate accounting of expenditures related to actual payments of legal settlements, judgments, or special assessments by a joint pooling arrangement, as a result of claims pursuant to Chapter 861 of the Statutes of 2019 (Assembly Bill 218 of the 2019–20 Regular Session) and Chapter 655 of the Statutes of 2023 (Assembly Bill 452 of the 2023–24 Regular Session).(b) The accounting system used to record financial affairs of any local educational agency shall be designed to provide a separate accounting of expenditures related to actual payments of legal settlements, judgments, or special assessments by a joint pooling
arrangement, as a result of civil claims that are not captured pursuant to subdivision (a).
(c) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or joint powers authority established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code consisting of a combination of school districts, county offices of education, or charter schools.
SEC. 17.
Section 41020.2 of the Education Code is amended to read:41020.2.
(a) If a school district governing board has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the county superintendent of schools on or before the due date established under Section 41020, the county superintendent of schools may investigate the causes for the delay and initiate one of the following actions that will provide the required audited financial statements in the most effective manner:(1) The county superintendent of schools may, after consultation with the school district governing board and the auditors under contract to the district, and with the consent of the Controller’s office and the Superintendent of Public Instruction,
Superintendent,
grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the legal deadline, but permits the filing of the report after the deadline. An extension shall be appropriate if the extension adheres to all of the following requirements:
(A) An extension shall be the shortest amount of time reasonable given the extenuating circumstances justifying the extension.
(B) Extensions shall be in increments of no longer than 45 calendar days.
(C) Extensions shall not exceed a total of 90 calendar days from the due date established pursuant to
Section 41020.
(2) The county superintendent of schools may, after consultation with the school district governing board, the auditors under contract to the district, and the Controller’s office, contract with another qualified certified public accountant or public accountant to obtain the required audited financial statements and charge the cost of the audit to the funds of the district. The county superintendent of schools shall, to the extent feasible, assist the district in initiating action to avoid payment to the auditors under contract who did not complete the original audit.
(3) The county superintendent of schools may request the Controller’s office to investigate the situation and initiate action as provided in subdivision (b).
(b) If the audited financial statements required by
Section 41020 have not been filed by a school district or county superintendent of schools with the Controller’s office on or before the due date established under Section 41020, the Controller’s office shall determine the most advantageous method of obtaining the required audited financial statements. The Controller’s office may do any of the following:
(1) Accept the action of the county superintendent of schools permitted by subdivision (a).
(2) Conduct the audit and prepare the auditor’s report, utilizing the staff available within that office and charge the cost of the audit to the next regular apportionment from the State School Fund to the district or county superintendent of schools.
(3) Contract with any qualified certified public accountant or public accountant, utilizing the appropriate contracting
procedures, for the conduct of the audit and preparation of the audited financial statements and charge the cost of the audit to the next regular apportionment from the State School Fund to the district or county superintendent of schools.
(4) Grant a reasonable extension of the time for filing the report if, in the judgment of the Controller’s office, this will provide the required audited financial statements within the shortest time period. The extension of the time for filing does not waive the legal deadline, but permits the filing of the report after the deadline.
The Controller’s office shall consult with the district governing board, the county superintendent of schools, and the auditors under contract to the district or county superintendent of schools before making the determination of the method to be used in obtaining the audited financial statements. The Controller’s office shall, to the
extent feasible, assist the district or county superintendent in initiating action to avoid payment to the auditors under contract who did not complete the original audit.
(c) Notwithstanding any extension granted under paragraph (1) of subdivision (a) or paragraph (4) of subdivision (b), the Controller’s office may determine at any time after the due date for filing of audit reports established by Section 41020 that the audited financial statements not yet filed with that office are delinquent and that the audit will be performed under paragraph (2) or (3) of subdivision (b).
SEC. 18.
Section 41203.1 of the Education Code is amended to read:41203.1.
(a) For the 1990–91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with calculations provided in this section. Notwithstanding Section 41203, and for purposes of this section, school districts, community college districts, and direct elementary and secondary level instructional services provided by the State of California shall be regarded as separate segments of public education, and each of these three segments of public education shall be entitled to receive respective shares of the amount calculated pursuant to Section 41203 as though the calculation made pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution were to be applied separately to each segment and the base year for purposes of this calculation under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution were based on the 1989–90 fiscal year. Calculations made pursuant to this subdivision shall be made so that each segment of public education is entitled to the greater of the amounts calculated for that segment pursuant to paragraph (1) or (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution.(b) If the single calculation made pursuant to Section 41203 yields a guaranteed amount of funding that is less than the sum of the amounts calculated pursuant to subdivision (a), the amount calculated pursuant to Section 41203 shall be prorated for the three segments of public education.
(c) Notwithstanding any other law, this section does not apply to the 1992–93 to the 2024–25
2025–26
fiscal years, inclusive.
SEC. 19.
Section 41344.1 of the Education Code is amended to read:41344.1.
(a) The Education Audit Appeals Panel is hereby established as a separate state agency. Its membership shall consist of the Superintendent, the Director of Finance, and the Chief Executive Officer of the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 or their designees. The panel shall have the authority to expend funds, hire staff, make contracts, sue and be sued, and issue regulations in furtherance of its duties.(b) The panel shall hear appeals filed pursuant to subdivision (d) of Section 41344. The Controller and the Department of Finance shall be a party to all appeals. The department may, at its
election, timely intervene as a party in any appeal. The panel shall consider audit appeals pursuant to the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except that it may adopt regulations specifying special pleadings that shall govern audit appeals. The panel may approve settlements and make findings of fact and interpretations of law.
(c) Compliance with all legal requirements is a condition to the state’s obligation to make apportionments. A condition may be deemed satisfied if the panel finds there has been compliance or substantial compliance with all legal requirements. “Substantial compliance” means nearly complete satisfaction of all material requirements of a funding program that provide an educational benefit substantially consistent with the program’s
purpose. A minor or inadvertent noncompliance may be grounds for a finding of substantial compliance provided that the local educational agency can demonstrate it acted in good faith to comply with the conditions established in law or regulation necessary for apportionment of funding. The panel may further define “substantial compliance” by issuing regulations or through adjudicative opinions, or both. If the panel finds there has been substantial compliance, the panel may waive or reduce the reimbursement or penalty amount and may also order other remedial measures sufficient to induce full compliance in the future. Other remedial measures may include restoration of a reduction or penalty amount if full compliance is not rendered in the future, ordering special audits, and requiring special training.
(d) In addition to the normal appeal process specified above, there is hereby created a voluntary, informal, summary appeals process for
noncompliant audit exceptions that clearly constitute substantial compliance as that term is defined in subdivision (c). Requests
The summary appeals process shall adhere to all of the following:
(1) Requests for summary review shall be made to the executive officer of the panel who may seek comment from the Department of Finance or Superintendent. Summary review shall be sought within 30 days of the date on which a local educational agency receives a final audit report resulting from an audit or review.
(1)
(2) If
the executive officer concludes the conditions for finding substantial compliance are not clearly met or involve substantial questions of fact, the executive officer may deny the request for summary review and the appellant may pursue its claim through the normal appeal process.
(2)
(3) For appeals in which the total audit exceptions for full repayment or penalty constitute less than 150 units of average daily attendance or seven hundred fifty thousand dollars ($750,000), the equivalent value of 150 units of
average daily attendance, as calculated pursuant to the statewide average local control funding formula rate pursuant to subdivisions (d), (e), and (f) of Section 42238.02 for the corresponding audit year and posted on the department’s internet website, whichever is less, the executive officer may waive or reduce the reimbursement or penalty upon a finding of substantial compliance and that other remedial measures are sufficient to induce full compliance in the future.
(3)
(4) For appeals in which the total audit exceptions for full repayment or penalty meet or exceed 150 units of average daily attendance or seven hundred fifty thousand dollars ($750,000),
the equivalent value of 150 units of average daily attendance, as calculated pursuant to the statewide average local control funding formula rate pursuant to subdivisions (d), (e), and (f) of Section 42238.02 for the corresponding audit year and posted on the department’s internet website, whichever is greater, the executive officer may waive or reduce the reimbursement or penalty upon a finding of substantial compliance and order other remedial measures that are sufficient to induce full compliance in the future, if the executive officer has the written approval of the Department of Finance and the Superintendent. The executive officer shall provide the details of the proposed settlement and the rationale in writing to the Department of Finance and Superintendent and allow at least 30 days for their review.
(4)
(5) The right to appeal pursuant to subdivision (d) of Section 41344 is independent of this subdivision and an appellant may pursue the appellant’s appeal under subdivision (b) regardless of the result under this subdivision. A local educational agency that has unresolved audit appeals pursuant to subdivision (d) of Section 41344 pending on January 1, 2003, may file a request for summary review under this subdivision for a period of 60 days after January 1, 2003.
SEC. 20.
Section 41490 of the Education Code is amended to read:41490.
(a) For the 2021–22 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the Superintendent to apportion to the Orange County Department of Education in the manner, and for the purposes, set forth in this section. The Orange County Department of Education shall encumber or expend the funds apportioned pursuant to this subdivision on or before June 30, 2026.(b) The Orange County Department of Education, in consultation with the Superintendent and the executive director of the state board, shall award no less than thirty million dollars ($30,000,000) of the amount appropriated in subdivision (a) as grants to local educational agencies for the purpose of funding schoolwide and districtwide implementation of
services or practices aligned to the Multi-Tiered Systems of Support framework developed under the “Scale Up MTSS Statewide” (SUMS) project. The grants shall be awarded to local educational agencies on or before December 15, 2021. Any funds not awarded on or before December 15, 2021, shall be available for the Orange County Department of Education, in consultation with the Superintendent and the executive director of the state board, to award as grants to local educational agencies on or before December 15, 2022.
(1) Grant funds awarded to local educational agencies shall be used to support the implementation of high quality integrated academic, behavioral, and social-emotional learning practices in an integrated multitiered system of support at the schoolwide level, including, but not limited to, all of the following:
(A) Educator and leader training on the foundations of the
California Multi-Tiered System of Support framework and practices, as developed by the SUMS project.
(B) Ongoing training and coaching support to schoolsite educators and leaders in deepening the implementation of high leverage practices for integrated academic, behavioral, and social-emotional learning across tiers throughout the school community.
(C) Ongoing training and support to school and local educational agency leaders in aligning practices, policies, and structures to create and sustain a schoolwide and agencywide integrated multitiered system of support.
(D) Establishing school- and local educational agency-level multitiered system of support teams to support implementation efforts.
(2) Grants shall be awarded with priority to local
educational agencies serving a high number of unduplicated pupils, as defined in Section 42238.02, that have participated in local educational agency-level training to implement an integrated multitiered system of support.
(3) Local educational agencies receiving funds shall measure and report on implementation fidelity at least annually using the tools and resources developed by the SUMS project. Data shall be reported to the Orange County Department of Education in a form available to the public.
(4) (A) On or before September 30 of each fiscal year until the Orange County Department of Education has fully expended the funds allocated pursuant to this subdivision, the Orange County Department of Education shall submit an annual report to the Superintendent summarizing how it used the funds in the prior fiscal year. The Superintendent shall provide copies of
these reports to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the state board, and the Legislative Analyst’s Office.
(B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(c) (1) The Superintendent shall establish a process, in consultation with and subject to the approval of the executive director of the state board, to select a local educational agency, a local educational agency in partnership with an institution of higher education or nonprofit educational service provider, or a consortia, to partner with the Orange County Department of Education and the Butte County Office of Education to expand the state’s capacity to support local educational agencies’ implementation of social-emotional learning, trauma screening,
trauma-informed practices, and culturally relevant, affirming, and sustaining practices. The selected entity, known as a partner entity, shall be selected on or before February 15, 2022. No more than twenty million dollars ($20,000,000) of the amount appropriated in subdivision (a) is available for purposes of this subdivision.
(2) The partner entity shall have demonstrated expertise in developing and delivering high quality professional learning to educators in social-emotional learning, trauma-informed practices, and culturally relevant, affirming, and sustaining practices in a manner that aligns with local multitiered systems of support. The partner entity shall support the Orange County Department of Education and the Butte County Office of Education in offering high quality professional learning to educators and school leaders by performing all of the following functions:
(A) Creating, collecting, and curating resources for educators on social-emotional learning, trauma screening, trauma-informed practices, and culturally relevant, affirming, and sustaining practices.
(B) Providing ongoing training and support in the use of trauma screening tools and mental health service referrals, school climate surveys, and the use of tool and survey data.
(C) Providing grants to local educational agencies to support both of the following:
(i) Convening professional learning communities of educators and school leaders.
(ii) Providing ongoing training and coaching to educators and school leaders.
(3) In performing the work described in this subdivision, the
partner entity, in partnership with the Orange County Department of Education and the Butte County Office of Education, shall, to the extent practicable, leverage current research and work related to how educators and school leaders can best address the social-emotional needs of pupils, and consult with experts in the field on matters related to trauma screening and trauma-informed practices.
(4) For purposes of this subdivision, “high quality professional learning” shall include, but not be limited to, professional learning that is content-focused, incorporates active learning using adult learning theory, supports collaboration in job-embedded contexts, uses models and modeling of effective practices, provides coaching and expert support, and offers opportunities for feedback.
(d) A local educational agency that receives a grant pursuant to subdivision (b), or high quality
professional learning pursuant to subdivision (c), shall, as a condition of receiving the grant or high quality professional learning, provide to the Orange County Department of Education, the Butte County Office of Education, and the department any available outcome data resulting from the practices implemented, and participate in overall program evaluation.
(e) The Orange County Department of Education may expend up to one million dollars ($1,000,000) of the amount appropriated pursuant to subdivision (a) to support the administration of grants and provide support to the grantees pursuant to Department of Finance approval of an expenditure plan. The Orange County Department of Education shall not expend moneys pursuant to this subdivision sooner than 30 days after the Department of Finance provides written notification of the approval of the expenditure plan to the Joint Legislative Budget Committee.
(f) (1) Any funds set aside pursuant to subdivision (b) that are not awarded on or before December 15, 2022, shall be available for the Orange County Department of Education to provide support to local educational agencies impacted by the fire-related state of emergency proclaimed by the Governor in January 2025 in providing high-quality integrated academic, behavioral, and social-emotional learning practices to pupils and educators. This may include, but is not limited to, any of the following:
(A) Training, coaching, and supporting educators on trauma-informed practices, tools, and resources to meet the unique needs of each schoolsite.
(B) Grants to schools to support the educational and mental health needs of affected pupils and staff.
(C) Scaling up of supports provided by the Los Angeles County Office of Education.
(2) Notwithstanding subdivision (e), the Orange County Department of Education may expend up to 15 percent of the amount identified pursuant to this subdivision for administrative costs associated with supporting impacted local educational agencies.
(f)
(g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
(g)
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues
appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
SEC. 21.
Section 41601 of the Education Code is amended to read:41601.
For purposes of this chapter, the governing board of each school district shall report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months during (1) the period between July 1 and December 31, inclusive, to be known as the “first period” report for the first principal apportionment, and (2) the period between July 1 and April 15, inclusive, to be known as the “second period” report for the second principal apportionment. Each county superintendent of schools shall report the average daily attendance for the schools and classes maintained by the county superintendent of schools and the average daily attendance for the county school tuition fund. Each report shall be prepared in accordance with instructions on forms prescribed and furnished by the Superintendent. Average daily attendance shall be computed in the following manner:(a) The average daily attendance in the regular elementary, middle, and high schools, including continuation schools and classes, opportunity schools and classes, and special day classes, maintained by the school districts shall be determined by dividing the total number of days of attendance allowed in all full school months in each period by the number of days the schools are actually taught in all full school months in each period, excluding Saturdays or Sundays, excluding weekend makeup classes pursuant to Section 37223, and excluding weekend and intersession days that generated attendance generated through an attendance recovery program pursuant to Article 9 (commencing with Section 46210) of
Chapter 2 of Part 26 of Division 4.
(b) The attendance for schools and classes maintained by a county superintendent of schools and the county school tuition fund shall be reported in the same manner as reported by school districts. The average daily attendance in special education classes operated by county superintendents of schools shall be determined in the same manner as all other attendance under subdivision (a). The average daily attendance in all other schools and classes maintained by the county superintendents of schools shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 70, in the second period by 135, and at annual time by 175. For attendance in special classes and centers pursuant to Section 56364 or Section 56364.2, as applicable, the average daily attendance shall be reported by the county superintendents of schools, but credited for local control
funding formula purposes to the school district in which the pupil resides.
(c) The days of attendance in classes for adults in correctional facilities shall be reported in the same manner as all other attendance under subdivision (a). The average daily attendance for adults in correctional facilities shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 85, in the second period by 135, and at annual time by 175.
SEC. 22.
Section 42120 of the Education Code is repealed.If the county board of education neglects or refuses to make a county office of education budget in the manner as prescribed by this article, or neglects to file interim reports pursuant to subdivision (l) of Section 1240, the Superintendent of Public Instruction shall not make any apportionment of state or federal money for that particular county office of education for the current fiscal year, and the Superintendent of Public Instruction shall notify the appropriate county official that he or she shall not approve any warrants issued by the county office of education.
SEC. 23.
Section 42127.1 of the Education Code is amended to read:42127.1.
(a) Pursuant to subdivision (f) of Section 42127, upon the disapproval of a school district budget by the county superintendent of schools, the county superintendent of schools shall call for the formation of a budget review committee unless the governing board of the school district and the county superintendent of schools agree to waive the requirement that a budget review committee be formed, and the department approves the waiver after determining that a budget review committee is not necessary. Upon the grant of a waiver, the county superintendent of schools has the authority and responsibility provided to a budget review committee in Section 42127.3. Upon approving a waiver of the budget review committee, the department shall ensure that a balanced budget is adopted for the school district by December 31.(b) The budget review committee shall be composed of three persons selected by the governing board of the school district from a list of candidates provided to the governing board of the school district by the Superintendent. The list of candidates shall be composed of persons who have expertise in the management of a school district or county office of education. Their experience shall include, but not necessarily be limited to, the fiscal and educational aspects of local educational agency management.
(c) Notwithstanding subdivision (b) or any other provision of this article, with the approval of the Superintendent and the governing board of the school district, the county superintendent of schools may select and convene a regional review committee, consisting of persons having the expertise described in subdivision (b). The regional review committee shall operate in place of the
budget review committee, in accordance with the provisions of this article governing budget review committees.
(d) Members (1) Except as provided in paragraph (2), members of the budget review committee shall be reimbursed by the department for their services and associated expenses while on official business at rates established by the
Superintendent, subject to the approval of the executive director of the state board.
(2) Notwithstanding paragraph (1), an employee of the County Office Fiscal Crisis and Management Assistance Team who serves as a member of the budget review committee shall not be eligible for reimbursement by the department for their services and associated expenses while on official business.
SEC. 24.
Section 42127.6 of the Education Code is amended to read:42127.6.
(a) (1) A school district shall provide the county superintendent of schools with a copy of a study, report, evaluation, or audit that was commissioned by the school district, the county superintendent, the Superintendent, and state control agencies and that contains evidence that the school district is showing fiscal distress under the standards and criteria adopted(A) Assign a
fiscal expert, paid for by the county superintendent of schools, to advise the school district on its financial problems.
(B) Conduct a study of the financial and budgetary conditions of the school district that includes, but is not limited to, a review of internal controls. If, in the course of this review, the county superintendent of schools determines that the county superintendent’s office requires analytical assistance or expertise that is not available through the school district, the county superintendent of schools may employ, on a short-term basis, with the approval of the Superintendent, staff, including certified public accountants, to provide the assistance and expertise. The school district shall pay 75 percent and the county office of education shall pay 25 percent of these staff costs.
(C) Direct the school district to submit a financial projection of all fund and
cash balances of the district as of June 30 of the current year and subsequent fiscal years as the county superintendent of schools requires.
(D) Require the district to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables.
(E) Direct the school district to submit a proposal for addressing the fiscal conditions that resulted in the determination that the school district may not be able to meet its financial obligations.
(F) Withhold compensation of the members of the governing board of the school district and the school district superintendent for failure to provide requested financial information. This action may be appealed to the Superintendent pursuant to subdivision (b).
(G) Assign the County Office Fiscal Crisis and Management Assistance Team to review teacher hiring practices, teacher retention rate, percentage of provision of highly qualified teachers, and the extent of teacher misassignment in the school district, to provide the school district with recommendations to streamline and improve the teacher hiring process, teacher retention rate, extent of teacher misassignment, and provision of highly qualified teachers, and to perform any or all of the duties prescribed in subparagraphs (A) to (C), inclusive, or to further review the causes that led to a finding of moderate or high risk of intervention pursuant to subdivision (a) and recommend corrective action. If a review team is assigned to a school district, the school district shall follow the recommendations of the team, unless the school district shows good cause for failure to do so. The County Office Fiscal Crisis and Management Assistance Team may not
recommend an action that would abrogate a contract that governs employment.
(2) Any contract entered into by a county superintendent of schools for the purposes of this subdivision is subject to the approval of the Superintendent.
(3) An employee of a school district who provides information regarding improper governmental activity, as defined in Section 44112, is entitled to the protection provided pursuant to Article 5 (commencing with Section 44110) of Chapter 1 of Part 25.
(b) Within five days of the county superintendent of schools making the determination specified in subdivision (a), a school district may appeal the basis of the determination and any of the proposed actions that the county superintendent of schools has indicated that the county superintendent of schools will take to further examine the
financial condition of the school district. The Superintendent shall sustain or deny any or all parts of the appeal within 10 days.
(c) If, If after taking the actions identified in subdivision (a), the county superintendent of schools determines that a school district will be unable to meet its financial obligations for the current or subsequent fiscal year, year or if a school district experiences a significant fiscal event that is determined by the county superintendent of schools to have an immediate severe fiscal impact that will cause a school district to be unable to meet its financial
obligations for the current or subsequent fiscal year, the county superintendent of schools shall notify the governing board of the school district, the superintendent of the school district, each recognized employee organization of the school district, each recognized parent organization of the school district, the Superintendent of Public Instruction,
Superintendent, and the president of the state board or the president’s designee in writing of that determination and the basis for that determination. The notification shall include the assumptions used in making the determination.
(d) Within five days of the county superintendent of schools making the determination specified in subdivision (c), a school district may appeal that determination to the Superintendent. The Superintendent shall sustain or deny the appeal within 10 days. If the governing board of the school district appeals the determination, the county superintendent of schools may stay any action of the governing board of the school district that the county superintendent of schools determines is inconsistent with the ability of the school district to meet its financial obligations for the current or subsequent fiscal year until resolution of the appeal by the Superintendent.
(e) If the appeal described in subdivision (d) is denied or not filed, or if the school district has a negative certification pursuant to Section 42131, the county superintendent of schools, in consultation with the Superintendent, shall take at least one of the actions described in paragraphs (1) to (5), inclusive, and
schools shall take all actions that are necessary to ensure that the school district meets its financial obligations and shall obligations, make a report to the Superintendent and the president of the state board board, or the president’s designee designee, about the financial condition of the school district and remedial actions proposed by the county superintendent of schools.
schools, and shall, in consultation with the Superintendent, take at least one of the following actions:
(1) Develop and impose, in consultation with the Superintendent and the governing board of the school district, a budget revision that will enable the school district to meet its financial obligations in the current fiscal year.
(2) Stay or rescind any action that is determined to be inconsistent with the ability of the school district to meet its obligations for the current or subsequent fiscal year. This includes any actions up to the point that the subsequent year’s budget is approved by the county superintendent of schools. The county superintendent of schools shall inform the governing board of the school district in writing of the county superintendent’s justification for any exercise of authority under this paragraph.
(3) Assist in developing, in consultation with the governing board of the school district, a multiyear financial recovery plan that will enable the school district to meet its future obligations.
(4) Assist in developing, in consultation with the governing board of the school district, a budget for the subsequent fiscal year. If necessary, the county superintendent of schools shall continue to work with the governing board of the school district until the budget for the subsequent year is adopted by the governing board of the school district and approved by the county superintendent of schools.
(5) As necessary, appoint a fiscal adviser to perform any or all of the duties prescribed by this section on behalf of the county superintendent of schools.
(f) Any
action taken by the county superintendent of schools pursuant to paragraph (1) or (2) of subdivision (e) shall be accompanied by a notification that shall include the actions to be taken, the reasons for the actions, and the assumptions used to support the necessity for these actions.
actions and shall be made available to the public.
(g) This section does not authorize the county superintendent of schools to abrogate any provision of a collective bargaining agreement that was entered into by a school district before the date that the county superintendent of schools assumed authority pursuant to subdivision (e).
(h) The school district shall pay 75 percent and the county office of education shall pay 25 percent of the administrative expenses incurred pursuant to subdivision (e) or costs associated with improving the school district’s financial management practices. The Superintendent shall develop and distribute to affected school districts and county offices of education advisory guidelines regarding the appropriate amount of administrative expenses charged pursuant to this subdivision.
(i) Notwithstanding Section 42647 or 42650 or any other law, a county treasurer shall not honor any warrant if, pursuant to Sections 42127 to 42127.5, inclusive, or pursuant to this section, the county superintendent of schools or the Superintendent, as appropriate, has disapproved that warrant or the order on school district funds for which a warrant was prepared.
(j) Effective upon the certification of the election results for a newly organized school district pursuant to Section 35763, the county superintendent of schools may exercise any of the powers and duties of this section regarding the reorganized school district and the other affected school districts until the reorganized school district becomes effective for all purposes in accordance with Article 4 (commencing with Section 35530) of Chapter 3 of Part 21.
(k) The Superintendent shall monitor the efforts of a county office of education in exercising its authority under this section and may exercise any of that authority if the Superintendent finds that the actions of the county superintendent of schools are not effective in resolving the financial problems of the school district. Upon a decision to exercise the powers of the county superintendent of schools, the county superintendent of schools is relieved of those powers assumed by the Superintendent, and shall provide support and assistance to the Superintendent in the exercise of those powers. The Superintendent shall also request that the County Office Fiscal Crisis and Management Assistance Team identify the circumstances that led to the ineffectiveness of the county superintendent of schools in resolving the financial problems of the school district, and shall require the county office of education to demonstrate, in a manner determined by the Superintendent, remediation of those
deficiencies. In addition to the actions taken by the county superintendent of schools, the Superintendent shall take further actions to ensure the long-term fiscal stability of the school district. The county office of education shall reimburse the Superintendent for all of the Superintendent’s costs in exercising the Superintendent’s authority under this subdivision. The Superintendent shall promptly notify the county superintendent of schools, the county board of education, the superintendent of the school district, the governing board of the school district, the appropriate policy and fiscal committees of each house of the Legislature, and the Department of Finance of the Superintendent’s decision to exercise the authority of the county superintendent of schools.
SEC. 25.
Section 42128 of the Education Code is amended to read:If the governing board of any school district neglects or refuses to make a school district budget as prescribed by this article, or neglects to file interim reports pursuant to Section 42130, the
42128.
(a) Except as provided in subdivision (c), a county superintendent of schools shall not make(1) Adopt a local control and accountability plan pursuant to Section 52060 or 47606.5.
(2) Adopt an annual update to a local control and accountability plan pursuant to Section 52061 or 47606.5.
(3) Adopt or submit a school district or charter school budget pursuant to this article or Section 47604.33.
(4) Submit reports pursuant to Section 42130 or 47604.33.
(b) A county superintendent of schools shall withhold apportionments pursuant to subdivision (a), including previously withheld apportionments for the current fiscal year, until the requirements listed in paragraphs (1) to (4), inclusive, of subdivision (a) are met and
shall notify the appropriate county official that he or she the county superintendent of schools shall not approve any warrants issued by the school district. district or charter school.
(c) If the governing board of a school district or a school district or a governing body of a charter school or a charter school is unable to fulfill one or more requirements described in subdivision (a) due to any of the events described in subdivision (a) of Section 46392, the
governing board of the school district or the governing body of the charter school shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the county superintendent of schools and the Superintendent the following information:
(1) A description of the emergency event.
(2) The date that the requirements described in subdivision (a) were met.
SEC. 26.
Section 42129 of the Education Code is amended to read:42129.
(a) School(b) (1) Except as provided in paragraph (2), school districts and charter schools shall transmit to the county superintendent of schools, on a timely basis, local control and accountability plans, annual updates to local control and accountability plans, all budget reports, prior year expenditure reports, qualified and negative financial status reports, program cost accounting reports, certifications, and audit reports as required by Sections 41020, 42100, 42127, 42131, 47604.33, 47606.5, 52060, and 52061, Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4, and Section 7906 of the Government Code, and reports used to calculate the first, second, and annual principal apportionments, as applicable. If a plan, update, or report is not submitted to the county
superintendent of schools within 14 days after the submission date prescribed in the statute or specified by the Superintendent, the county superintendent of schools shall direct the county auditor or charter school to withhold payment of any stipend, expenses, benefits, or salaries and wages of the district superintendent, charter school administrator, or members of the governing board, as appropriate. The payments shall be withheld until the delinquent reports have been submitted to the county superintendent of schools. If a county superintendent of schools performs the functions of the county auditor, the county superintendent of schools shall withhold the payments specified in this subdivision.
(2) If a school district or charter school is unable to fulfill one or more requirements described in paragraph (1) due to any of the events
described in subdivision (a) of Section 46392, the school district or charter school shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the county superintendent of schools and the Superintendent the following information:
(A) A description of the emergency event.
(B) The date that the requirements described in paragraph (1) were met.
SEC. 27.
Section 42238.01 of the Education Code is amended to read:42238.01.
For purposes of Section 42238.02, the following definitions shall apply:(a) (1) “Eligible for free or reduced-price meals” means determined to meet federal income eligibility criteria, either through completing an application for the federal National School Lunch Program Program, through a federal Summer Electronic Benefit Transfer for Children (Summer EBT) - compliant Universal Benefit Application, or through an alternative household income data collection form, or deemed to be categorically eligible for free or reduced-price meals under the federal National School
Lunch Program, as described in Part 245 of Title 7 of the Code of Federal Regulations.
(2) (A) A school participating in a special assistance alternative authorized by Section 11(a)(1) of the federal Richard B. Russell National School Lunch Act (Public Law 113-79), including Provision 2, Provision 3, or the Community Eligibility Provision, may establish a base year for purposes of the local control funding formula by doing either of the following:
(i) Determining the pupils at the school who are eligible for free or reduced-price meals and using each pupil’s eligibility status in that base year to report eligibility for up to each of the following three school years.
(ii) Carrying forward eligibility for pupils eligible for free or reduced-price meals from the school year in which the school
applied to use a federal universal school meal provision, and using each pupil’s eligibility status from the application year to report eligibility for up to each of the following three school years.
(B) The school may include between base year eligibility determinations, any current or newly enrolled pupils who are determined to be eligible for free or reduced-price meals.
(3) A school that uses the special assistance alternative shall maintain information on each pupil’s eligibility status and annually submit information on that status in the California Longitudinal Pupil Achievement Data System pursuant to paragraph (2) of subdivision (b) of Section 42238.02 or subparagraph (A) of paragraph (3) of subdivision (b) of Section 2574, as applicable.
(4) For a pupil who transfers to a school using a special assistance
alternative and who is transferring between schools within the same school district, documentation supporting eligibility for that pupil for purposes of the local control funding formula may be transferred from the pupil’s old school to the pupil’s new school, as long as the documentation supporting eligibility for that pupil is less than four years old and is updated at least once every four years.
(5) To the extent permitted by federal law, a school may choose to establish a new base year for purposes of the federal National School Lunch Program at the same time the school establishes a new base year for purposes of the local control funding formula. A school may use federal National School Lunch Program application forms to collect household income data as permitted under the federal National School Lunch Program. If the use of federal National School Lunch Program application forms is not permitted, a school shall use alternative household
income data collection forms.
(6) An alternative household income data collection form shall be confidential and shall not be shared by the school other than as necessary for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding. An alternative household income data collection form shall contain, at a minimum, all of the following information:
(A) Information sufficient to identify the pupil or pupils.
(B) Information sufficient to determine that the pupil or household meets federal income eligibility criteria sufficient to qualify for either a free or reduced-priced meal under the federal Richard B. Russell National School Lunch Act (Public Law 113-79).
(C) Certification
that the information is true and correct by the pupil’s adult household member.
(7) Paragraphs (2) and (4) are effective commencing with the 2014–15 fiscal year.
(b) “Foster youth” means any of the following:
(1) A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code, whether or not the child has been removed from the child’s home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code.
(2) A child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code, has been removed from the child’s home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code, and is in foster care as defined by subdivision
(d) of Section 727.4 of the Welfare and Institutions Code.
(3) A nonminor under the transition jurisdiction of the juvenile court, as described in Section 450 of the Welfare and Institutions Code, who satisfies all of the following criteria:
(A) The nonminor has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, and not more than 21 years of age, on or after January 1, 2014, and as described in Section 10103.5 of the Welfare and Institutions Code.
(B) The nonminor is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that
entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code.
(C) The nonminor is participating in a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403 of the Welfare and Institutions Code.
(4) A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law.
(5) A child who is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400 of the Welfare and
Institutions Code.
(c) “Pupils of limited English proficiency” means pupils who do not have the clearly developed English language skills of comprehension, speaking, reading, and writing necessary to receive instruction only in English at a level substantially equivalent to pupils of the same age or grade whose primary language is English. “English learner” shall have the same meaning as provided for in subdivision (a) of Section 306 and as “pupils of limited English proficiency.”
SEC. 28.
Section 42238.016 of the Education Code is amended to read:(a)The department shall, by July 1, 2025, update the Salary and Benefits Schedule for the Certificated Bargaining Unit (Form J–90) to include salary data collection for classified school staff assigned to a schoolsite or sites, in the same manner as collected for certificated staff assigned to a schoolsite or sites, for the following classifications:
(1)Secretaries or administrative assistants.
(2)Custodians.
(3)Bus drivers.
(4)School food service workers.
(5)Instructional aides.
(b)The Salary and Benefits Schedule for the Certificated Bargaining Unit (Form J–90) updated pursuant to subdivision (a) shall be known as the Salary and Benefit Schedule for the Bargaining Units (Form J–90).
42238.016.
(a) The department shall, on or before July 1, 2026, create a data collection system for salary and benefits data for represented certificated and classified nonmanagement employees. The data collected shall include salary, benefits, and full-time equivalent employee counts for certificated employees and for employees in the following classified bargaining unit classifications, which shall be collected in the same manner as for certificated employees, as determined by the department:(1) Entry level schoolsite secretary or administrative assistant.(2) Entry level central office secretary or administrative assistant.(3) Entry level custodian.(4) Entry level bus driver.(5) Entry level food service worker.(6) Entry level special education instructional aide.(7) Entry level general education instructional aide.(c)(1)On or before January 31, 2026, and annually
(b) On or before August 31, 2026, and on or before July 1 annually
thereafter, school districts, county offices of education, and direct-funded charter schools as described in Section 47651 shall complete the Salary and Benefit Schedule for the Bargaining Units (Form J–90) for classified and certificated staff assigned to a schoolsite or sites data collection process created pursuant to subdivision (a) and report the Form J–90 data to the department. A school district or county office of education that is the chartering authority or designated oversight agency of a locally
funded charter school as described in Section 47651 shall complete and report the Form J–90
data to the department for the locally funded charter school.
(2)School districts, county offices of education, and direct-funded charter schools may, for prior fiscal years not required pursuant to paragraph (1), complete the Form J–90 for classified and certificated staff assigned to a schoolsite or sites and report the Form J–90 to the department.
(d)On or before August 31, 2026, and annually
(c) On or before
January 31, 2027, and on or before November 30 annually thereafter, the department shall report to the Legislature, in compliance with Section 9795 of the Government Code, on the progress of school districts, county offices of education, and charter schools in increasing salaries for classified staff assigned to a schoolsite or sites employees and certificated staff assigned to a schoolsite or sites. employees. This report shall include the following:
(1) The change in salary rates for certificated staff
employees as compared to the
last 10 prior fiscal years or or, if the data has been filed for fewer than 10 fiscal years, whichever year the Form J–90 data was filed for first.
(2) The change in salary rates for classified staff employees as compared to the
last 10 prior fiscal years or or, if the data has been filed for fewer than 10 fiscal years, whichever year the Form J–90
data was filed for first.
(3) The salary rate changes year over year.
(4) The rate of salary change compared to the rate of yearly inflation as measured by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year.
(5) The rate of total compensation changes year over year.
(d) For purposes of this section, the following definitions apply:
(1) “Classified bargaining unit classification” does not include, for purposes of determining employees in that classification, confidential employees as defined in Section 3540.1 of the Government Code.
(2) “Full-time equivalent” means, for classified employees, the total number of full-time equivalent employees in the local educational agency, with the number of full-time equivalent employees in each classified bargaining unit classification computed as the sum of both of the following:
(A) The sum of the full-time equivalent of employees who work full-time hours in each work day, as defined by the local educational agency, in that classification. Each of these employees shall count as 1.0 full-time equivalent.
(B) The sum of the full-time equivalent of employees who work less than full-time hours in each work day, as defined by the local educational agency, in that classification. The full-time equivalent of these employees shall be calculated by dividing the number of hours each employee works each day in that classification by the number of full-time hours.
(3) “Salary” means the hourly wage paid for work by classified employees or the annual wage paid for work by certificated employees.
SEC. 29.
Section 42238.017 is added to the Education Code, to read:42238.017.
In any fiscal year, if a decline in Education Protection Account revenue results in a nontransfer of funds into the Education Protection Account fourth-quarter payment, the Superintendent shall recover a local educational agency’s overpayment of Education Protection Account funds from the current year’s second principal apportionment payment made pursuant to Section 14041 for deposit into the Education Protection Account. The fourth-quarter Education Protection Account payment for the current fiscal year shall be made by the Controller as soon as practical, but no later than August 15 of the subsequent fiscal year.SEC. 30.
Section 42238.02 of the Education Code is amended to read:42238.02.
(a) The amount computed pursuant to this section shall be known as the school district and charter school local control funding formula.(b) (1) For purposes of this section “unduplicated pupil” means a pupil enrolled in a school district or a charter school who is either classified as an English learner, eligible for a free or reduced-price meal, or is a foster youth. A pupil shall be counted only once for purposes of this section if any of the following apply:
(A) The pupil is classified as an English learner and is eligible for a free or reduced-price meal.
(B) The pupil is classified as an English learner
and is a foster youth.
(C) The pupil is eligible for a free or reduced-price meal and is classified as a foster youth.
(D) The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth.
(2) Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a school district or charter school shall annually submit its enrolled free and reduced-price meal eligibility, foster youth, and English learner pupil-level records for enrolled pupils to the Superintendent using the California Longitudinal Pupil Achievement Data System.
(3) (A) Commencing with the 2013–14 fiscal year, a county office of education shall review and validate certified
aggregate English learner, foster youth, and free or reduced-price meal eligible pupil data for school districts and charter schools under its jurisdiction to ensure the data is reported accurately. The Superintendent shall provide each county office of education with appropriate access to school district and charter school data reports in the California Longitudinal Pupil Achievement Data System for purposes of ensuring data reporting accuracy.
(B) The Controller shall include the instructions necessary to enforce paragraph (2) in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the English learner, foster youth, and free or reduced-price meal eligible pupil counts are consistent with the school district’s or charter school’s English learner, foster youth, and free or reduced-price meal eligible pupil records.
(4) The Superintendent shall make the calculations pursuant to this section using the data submitted by local educational agencies, including charter schools, through the California Longitudinal Pupil Achievement Data System. Under timeframes and procedures established by the Superintendent, school districts and charter schools may review and revise their submitted data on English learner, foster youth, and free or reduced-price meal eligible pupil counts to ensure the accuracy of data reflected in the California Longitudinal Pupil Achievement Data System.
(5) The Superintendent shall annually compute the percentage of unduplicated pupils for each school district and charter school by dividing the enrollment of unduplicated pupils in a school district or charter school by the total enrollment in that school district or charter school pursuant to all of the following:
(A) For the 2013–14 fiscal year, divide the sum of unduplicated pupils for the 2013–14 fiscal year by the sum of the total pupil enrollment for the 2013–14 fiscal year.
(B) For the 2014–15 fiscal year, divide the sum of unduplicated pupils for the 2013–14 and 2014–15 fiscal years by the sum of the total pupil enrollment for the 2013–14 and 2014–15 fiscal years.
(C) For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of unduplicated pupils for the current fiscal year and the two prior fiscal years by the sum of the total pupil enrollment for the current fiscal year and the two prior fiscal years.
(D) (i) For purposes of the quotients determined pursuant to subparagraphs (B) and (C), the Superintendent shall use
a school district’s or charter school’s enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils.
(ii) It is the intent of the Legislature to review each school district and charter school’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a school district or charter school with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as compared to the 2013–14 fiscal year.
(E) (i) Notwithstanding any other law, for purposes of subparagraph (C), the unduplicated pupils and total pupil enrollment in prior fiscal years shall be the following:
(I) For a transferred charter school, the counts shall be equal to the counts reported for the original charter school.
(II) For an acquiring charter school, the counts shall be equal to the counts reported for the original charter school. This subclause shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature.
(III) For the restructured portions of a divided charter school, the counts shall be zero.
(IV) For the remaining portion of a divided charter school, the counts shall be equal to the counts reported for the original charter school.
(ii) The definitions in Section 47654 apply for purposes of this subparagraph.
(6) Notwithstanding subdivision (a) of Section 14002, the data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year calculation of the percentage of unduplicated pupils. This paragraph does not apply to a change that is the result of an audit exception, as described in paragraph (2) of subdivision (a) of Section 41341.
(c) Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall annually calculate a local control funding formula grant for each school district and charter school in the state pursuant to this section.
(d) The Superintendent shall compute a grade span adjusted base grant equal to the total of the following amounts:
(1) For
the 2013–14 fiscal year, a base grant of:
(A) Six thousand eight hundred forty-five dollars ($6,845) for average daily attendance in kindergarten and grades 1 to 3, inclusive.
(B) Six thousand nine hundred forty-seven dollars ($6,947) for average daily attendance in grades 4 to 6, inclusive.
(C) Seven thousand one hundred fifty-four dollars ($7,154) for average daily attendance in grades 7 and 8.
(D) Eight thousand two hundred eighty-nine dollars ($8,289) for average daily attendance in grades 9 to 12, inclusive.
(2) In each year the grade span adjusted base grants in paragraph (1) shall be adjusted by the percentage change in the annual average value of the Implicit Price Deflator for
State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
(3) (A) The Superintendent shall compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant as adjusted pursuant to paragraphs (2) and (5) equal to 10.4 percent. The additional grant shall be calculated by multiplying the kindergarten and grades 1 to 3, inclusive, base grant, as adjusted by
paragraphs (2) and (5), by 10.4 percent.
(B) Until paragraph (4) of subdivision (b) of Section 42238.03 is effective, as a condition of the receipt of funds in this paragraph, a school district shall make progress toward maintaining an average class enrollment of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative annual average class enrollment for each schoolsite in those grades is agreed to by the school district, pursuant to the following calculation:
(i) Determine a school district’s average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the prior year. For the 2013–14 fiscal year, this amount shall be the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the 2012–13 fiscal year.
(ii) Determine a school district’s proportion of total need pursuant to paragraph (2) of subdivision (b) of Section 42238.03.
(iii) Determine the percentage of the need calculated in clause (ii) that is met by funding provided to the school district pursuant to paragraph (3) of subdivision (b) of Section 42238.03.
(iv) Determine the difference between the amount computed pursuant to clause (i) and an average class enrollment of not more than 24 pupils.
(v) Calculate a current year average class enrollment adjustment for each schoolsite for kindergarten and grades 1 to 3, inclusive, equal to the adjustment calculated in clause (iv) multiplied by the percentage determined pursuant to clause (iii).
(C) School districts that have an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of 24 pupils or less for each schoolsite in the 2012–13 fiscal year, shall be exempt from the requirements of subparagraph (B) so long as the school district continues to maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils, unless a collectively bargained alternative ratio is agreed to by the school district.
(D) (i) Upon full implementation of the local control funding formula, as a condition of the receipt of funds in this paragraph, all school districts shall maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative ratio is
agreed to by the school district.
(ii) Notwithstanding clause (i), for purposes of meeting the requirements of paragraph (1) of subdivision (g) of Section 48000, a school district shall maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite.
(E) The average class enrollment requirement for each schoolsite for kindergarten and grades 1 to 3, inclusive, established pursuant to this paragraph shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent.
(F) The Controller shall include the instructions necessary to enforce this paragraph in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the average class enrollment for each
schoolsite for kindergarten and grades 1 to 3, inclusive, exceeds 24 pupils, or an alternative average class enrollment for each schoolsite pursuant to a collectively bargained alternative ratio. The procedures for determining average class enrollment for each schoolsite shall include criteria for employing sampling.
(4) The Superintendent shall compute an additional adjustment to the base grant for grades 9 to 12, inclusive, as adjusted pursuant to paragraphs (2) and (5), equal to 2.6 percent. The additional grant shall be calculated by multiplying the base grant for grades 9 to 12, inclusive, as adjusted by paragraphs (2) and (5) by 2.6 percent.
(5) For the 2022–23 fiscal year, the Superintendent shall increase the base grants for kindergarten and grades 1 to 12, inclusive, by 6.7 percent. This adjustment shall be calculated by multiplying the grade span-adjusted base grants
calculated pursuant to paragraph (2) for the 2021–22 fiscal year by 6.7 percent. The adjustment shall be included in grade span-adjusted base grants amounts for purposes of the adjustment pursuant to paragraph (2) commencing with the 2023–24 fiscal year.
(e) The Superintendent shall compute a supplemental grant add-on equal to 20 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b). The supplemental grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 20 percent and by the percentage of unduplicated pupils calculated pursuant to
paragraph (5) of subdivision (b) in that school district or charter school. The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
(f) (1) (A) The Superintendent shall compute a concentration grant add-on equal to 50 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision
(d), by 50 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school.
(B) Commencing with the 2021–22 fiscal year, the concentration grant add-on referenced in subparagraph (A) shall instead be equal to 65 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to
(5), inclusive, of subdivision (d), by 65 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school.
(2) (A) For a charter school physically located in only one school district, the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district in which the charter school is physically located. For a charter school physically located in more than one school district, the charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants
shall not exceed that of the school district with the highest percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school districts in which the charter school has a school facility. The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07.
(B) For purposes of this paragraph and subparagraph (A) of paragraph (1) of subdivision (f) of Section 42238.03, a charter school shall report its physical location to the department under timeframes established by the department. For a charter school authorized by a school district, the department shall include the authorizing school district in the department’s determination of physical location. For a charter school authorized on appeal pursuant to subdivision (k) of Section 47605, the department shall include the school district that initially denied the petition in the
department’s determination of physical location. Notwithstanding subdivision (a) of Section 14002, the reported physical location of the charter school shall be considered final as of the second principal apportionment for that fiscal year, and, for purposes of this paragraph, the percentage of unduplicated pupils of the school district associated with the charter school pursuant to subparagraph (A) shall be considered final as of the second principal apportionment for that fiscal year.
(g) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2, for the 2012–13 fiscal year, as that article
read on January 1, 2013. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount of funding received by the school district or charter school from that program in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03.
(2) Notwithstanding Section 42238.05, commencing with for the 2022–23 fiscal year, year to the 2024–25 fiscal year, inclusive, the Superintendent shall compute an add-on to
the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to two thousand eight hundred thirteen dollars ($2,813) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2023–24 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of paragraph (2) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph.
(3) Commencing with the 2025–26 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants
equal to five thousand five hundred forty-five dollars ($5,545) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2026–27 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of paragraph (3) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph.
(h) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5, former Article 10 (commencing with Section 41850) of Chapter 5, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290), as those articles read on January 1, 2013, for the 2012–13 fiscal year. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount received by the school district or charter school for those programs in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03.
(2) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment
directly from the Superintendent from any of the funding sources specified in paragraph (1) for the 2012–13 fiscal year, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of the entitlement to funding transferred by the joint powers agency to the member school district or charter school.
(3) Commencing in the 2023–24 fiscal year, the add-on amounts referenced in paragraphs (1) and (2) shall receive the annual
cost-of-living adjustment specified in paragraph (2) of subdivision (d).
(i) (1) The sum of the local control funding formula rates computed pursuant to subdivisions (c) to (f), inclusive, shall be multiplied by:
(A) For school districts, the average daily attendance of the school district in the corresponding grade level ranges computed pursuant to Section 42238.05, excluding the average daily attendance computed pursuant to paragraph (2) of subdivision (a) of Section 42238.05 for purposes of the computation specified in subdivision (d).
(B) For charter schools, the total current year average daily attendance in the corresponding grade level ranges.
(2) The amount computed pursuant to Article 4 (commencing with Section 42280)
shall be added to the amount computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (d), as multiplied by subparagraph (A) or (B) of paragraph (1), as appropriate.
(j) The Superintendent shall adjust the sum of each school district’s or charter school’s amount determined in subdivisions (g) to (i), inclusive, pursuant to the calculation specified in Section 42238.03, less the sum of the following:
(1) (A) For school districts, the property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code.
(B) For charter schools, the in-lieu property tax amount provided to a charter school pursuant to Section 47635.
(2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code.
(3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code.
(4) Prior years’ taxes and taxes on the unsecured roll.
(5) Fifty percent of the amount received pursuant to Section 41603.
(6) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), less any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility
construction, reconstruction, or remodeling, or deferred maintenance and that is not an amount received pursuant to Section 33492.15, or paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities.
(7) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code.
(8) Revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution.
(k) A school district shall annually transfer to each of its charter schools funding in lieu of property taxes pursuant to Section 47635.
(l) (1) This section
does not authorize a school district that receives funding on behalf of a charter school pursuant to Section 47651 to redirect this funding for another purpose unless otherwise authorized in law pursuant to paragraph (2) or pursuant to an agreement between the charter school and its chartering authority.
(2) A school district that received funding on behalf of a locally funded charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or a school district that was required to pass through funding to a conversion charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42606, as that section read on January 1, 2013, may annually redirect for another purpose a percentage of the amount of the funding received on behalf of that charter school. The percentage of
funding that may be redirected shall be determined pursuant to the following computation:
(A) (i) Determine the sum of the need fulfilled for that charter school pursuant to paragraph (3) of subdivision (b) of Section 42238.03 in the then current fiscal year for the charter school.
(ii) Determine the sum of the need fulfilled in every fiscal year before the then current fiscal year pursuant to paragraph (3) of subdivision (b) of Section 42238.03 adjusted for changes in average daily attendance pursuant to paragraph (3) of subdivision (a) of Section 42238.03 for the charter school.
(iii) Subtract the amount computed pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) of Section 42238.03 from the amount computed for that charter school under the local control funding formula
entitlement computed pursuant to subdivision (i) of this section.
(iv) Compute a percentage by dividing the sum of the amounts computed pursuant to clauses (i) and (ii) by the amount computed pursuant to clause (iii).
(B) Multiply the percentage computed pursuant to subparagraph (A) by the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013.
(C) The maximum amount that may be redirected shall be the lesser of the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and
subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or the amount computed pursuant to subparagraph (B).
(3) Commencing with the 2013–14 fiscal year, a school district operating one or more affiliated charter schools shall provide each affiliated charter school schoolsite with no less than the amount of funding the schoolsite received pursuant to the charter school block grant in the 2012–13 fiscal year.
(m) Any calculations in law that are used for purposes of determining if a local educational agency is an excess tax school entity or basic aid school district, including, but not limited to, this section and Sections 41544, 42238.03, 47632, 47660, 47663, 48310, and 48359.5, and Section 95 of the Revenue and Taxation Code, shall exclude the revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of
the California Constitution.
(n) The funds apportioned pursuant to this section and Section 42238.03 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
(o) A school district that does not receive an apportionment of state funds pursuant to this section, as implemented pursuant to Section 42238.03, excluding funds apportioned pursuant to the requirements of subparagraph (A) of paragraph (2) of subdivision (e) of Section 42238.03, shall be considered a “basic aid school district” or an “excess tax entity.”
SEC. 31.
Section 42252.1 is added to the Education Code, to read:42252.1.
(a) Pursuant to Sections 21 and 22 of Article XVI of the California Constitution, for the 2025–26 fiscal year, four hundred five million two hundred ninety-one thousand dollars ($405,291,000) is hereby appropriated from the Public School System Stabilization Account to the Superintendent for allocation for the local control funding formula pursuant to Sections 42238.02 and 42238.03.(b) The Controller shall transfer the amounts appropriated pursuant to subdivision (a) to Section A of the State School Fund for those purposes.
SEC. 32.
Section 44258.9 of the Education Code is amended to read:44258.9.
(a) (1) The Legislature finds and declares(A) That continued monitoring of educator assignments by the commission and the county superintendents of schools and continued reporting of educator assignments by the department will help ensure that local educational agencies meet state and federal reporting requirements, including the
requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of educator misassignments remains low. To
(B) That local educational agencies, state officials, pupils, and guardians have a vested interest in knowing and understanding the capacity of local educational agencies to fill all available and funded teaching assignments with educators who are fully credentialed for the subjects and pupils they are teaching, and a vested interest in understanding the scope of the teacher shortage across the TK/K–12 educational system, including, but not limited to, those instances where vacancies cannot be
filled, resulting in the use of substitutes, increases in class size, or cancellation of courses or classes.
(2) To support pupil access to credentialed and appropriately assigned educators, the commission and the department shall collaborate to publish annual data on educator credentialing and assignment, at the school, local educational agency, and state level. To the extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority, as specified in subdivision (e).
(2)
(3) The commission and the department shall collaborate to perform the duties specified in this section, with the commission executing the assignment monitoring process and the department facilitating the annual teaching assignment monitoring data production and publication.
(3)
(4) The teaching assignment monitoring outcome data reporting shall be executed in a manner consistent with the statewide system of support and the school accountability system established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4, county office of education monitoring established pursuant to Article 2 (commencing with Section 1240)
of Chapter 2 of Part 2 of Division 1 of Title 1, and the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that act.
(b) For purposes of this section, the following definitions and identifications apply:
(1) (A) “An instance of a teacher shortage” means an identification by the commission that a course or class assignment is not any of the following:
(i) Permanently filled as of Census Day.
(ii) Filled by a fully credentialed
teacher.
(iii) Filled by a teacher who is appropriately assigned.
(B) A “fully credentialed teacher” means an individual who has completed a teacher preparation program, as defined in subdivision (e) of Section 44225.7, and who holds a valid preliminary or clear credential issued based upon the completion of that teacher preparation program.
(C) An assignment is “permanently filled as of Census Day” if the educator serving as a teacher has been contracted as of Census Day to provide instruction for either the entire school year or for a one-semester course for the entire semester.
(D) A teacher is “appropriately assigned” if the teacher holds a credential, permit, or waiver issued by the commission that contains an authorization to legally teach in the
setting, in the subject area, and the pupil population associated with the assignment.
(2) “An unfilled position” shall be identified in each instance where a local educational agency has attempted to fill or is actively trying to fill an open and funded position, but is unable to do so.
(3) “A vacant position” shall be identified in each instance where, as of Census Day, a course or class assignment has not been permanently filled by a single-designated certificated employee serving for either the entire school year or for a one-semester course for the entire semester. For purposes of identifying an instance of a teacher shortage pursuant to paragraph (3) of subdivision (h), a “vacant position” shall be limited to an employee serving as a teacher.
(1)
(4) “Assignment” means the placement of an individual in a teaching or services position. An “assignment” can be filled legally by an individual with a credential, permit, waiver, or any other document issued by the commission authorizing the assignment, or the individual may be otherwise authorized by statute.
(2)
(5) “Local educational agency” means a school district, county office of education, charter school, or state special school.
(3)
(6) “Misassignment” has the same meaning as defined in Section 33126. For purposes of this section, “employee,” as used in the definition of “misassignment” in Section 33126, includes an individual hired on a contract. For purposes of this section, in a charter school, “misassignment” shall apply only to employees in teaching positions.
(4)
(7) “Monitoring authority” means:
(A) The county office of education for school districts in the county
and programs operated by the county office of education.
(B) The commission for a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the state special schools.
(C) (i) The chartering authority for a charter school.
(ii) Notwithstanding clause (i), in cases where a charter school operates under the authority of a school district in which the charter school is the sole schoolsite in the school district, the commission shall serve as the monitoring authority.
(5)
(8) “System,” unless the context requires otherwise, means the State
California Statewide Assignment Accountability System, which is an electronic data system administered by the commission for monitoring educator assignments and vacant positions and uses department data collected pursuant to Section Sections 10600 and 60900 for its functioning.
(6)“Vacant position” means a position to which a single-designated certificated employee has not been assigned at the time that the data are collected by the department pursuant to Section 60900.
(c) The commission and the
department shall enter into a data sharing agreement for the department to provide the commission with educator assignment data necessary to annually identify educator assignments, including assignments filled by individuals on preliminary or clear credentials, intern credentials, permits or waivers, misassignments, and vacant positions at local educational agencies. The data sharing agreement shall also require the commission to make credential, permit, waiver, misassignment, vacant positions, and other relevant data available to the department to support reporting consistent with the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act (Public Law 114–95), or any other federal law that effectively replaces that act, and applicable state reporting requirements, including for the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4.
(d) The commission and the department may engage in a variety of activities designed to inform school administrators, teachers, and personnel within the county offices of education of the regulations and statutes affecting the assignment of educators and how data on educator assignments is published and used. These activities may include, but shall not necessarily be limited to, the preparation of instructive brochures and the holding of regional workshops.
(e) (1) The commission shall annually use the data provided by the department pursuant to subdivision (c) to produce an initial data file of vacant positions and educator assignments that do not have a clear match of credential to assignment. The commission shall notify local educational agencies and monitoring authorities of the opportunity to access the system and review the initial data file of potential
misassignments and vacant positions.
(2) A local educational agency may do any of the following within 60 days of the commission’s notification pursuant to paragraph (1):
(A) Access and review the initial data file in the system to determine if each educator included in the initial data file is otherwise legally authorized for the assignment.
(B) Submit documentation or additional assignment information to the commission and monitoring authority showing that the educator is otherwise legally authorized for the assignment. This information may include the use of local assignment options outlined in any statute or regulation.
(C) Submit documentation to the commission and monitoring authority showing that a position identified in the initial data file as
vacant was miscoded and that a legally authorized educator was assigned to the position.
(3) Information submitted to the commission and monitoring authority pursuant to paragraph (2) shall be submitted electronically through the system.
(4) A monitoring authority shall access the system to review the initial data file and any documentation or additional information submitted by a local educational agency for which it is a monitoring authority and make a determination of potential misassignments and vacant positions within 90 days of the commission’s notification pursuant to paragraph (1).
(5) The commission shall have the authority to make a final determination for all potential assignments and misassignments.
(6) After the 90-day review period
pursuant to paragraph (4), the commission shall share all educator assignment data, including all preliminary and clear credentials, intern credentials, permits, waivers, misassignments, and vacant positions for that year, with the department for the department’s teaching assignment monitoring outcomes report and other state and federal reporting requirements.
(7) Once published, the commission shall post a link to the department’s teaching assignment monitoring outcomes reporting on its internet website, with resources for local educational agencies seeking to maintain a fully credentialed and properly appropriately assigned educator workforce.
(8) Notwithstanding any other law, the
commission, when identifying misassignments using the system, shall identify an educator in a teaching position, including an educator at a charter school, as correctly assigned only when the educator holds the certificate or credential required by the commission for that assignment in a noncharter public school, taking into account local assignment options.
(9) Commencing in the 2020–21 school year, a chartering authority, as provided in this section, may request technical assistance to assist in its determination of potential misassignments and vacant positions from the county office of education in the county in which the chartering authority is located.
(10) For a school district, the county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated
person to a position for which the person has no legal authorization of the misassignment and shall advise the school administrator to correct the assignment within 30 calendar days. For a charter school, the monitoring authority shall notify the charter school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment and shall advise the charter school administrator to correct the assignment within 30 calendar days.
(f) The system and the data reported from the system shall not be used by a local educational agency for purposes of evaluating certificated employees, certificated employee performance determinations, or employment decisions.
(g) If an employee, including an employee who is employed by a charter school, is required by a local educational agency to accept an assignment in a
teaching or services position for which the employee has no legal authorization, all of the following shall occur:
(1) (A) After exhausting existing local remedies, an employee of a school district shall notify the superintendent of the school district, and an employee of a charter school shall notify the administrator of the charter school, in writing, of the illegal assignment.
(B) If no action is taken after the notice required pursuant to subparagraph (A), an employee of a school district shall notify the county superintendent of schools, and an employee of a charter school shall notify the chartering authority, in writing, of the illegal assignment.
(2) In the case of an assignment by a school district for which the employee has filed a notice that the employee has no legal authorization,
the school district or county superintendent of schools shall advise the employee about the legality of the assignment within 15 working days. In the case of an assignment by a charter school for which the employee has filed a notice that the employee has no legal authorization, the administrator of the charter school or the chartering authority shall advise the employee about the legality of the assignment within 15 working days.
(3) A local educational agency shall not take adverse action against an employee who files a notice of misassignment pursuant to paragraph (1).
(4) Notwithstanding any other law, for purposes of a charter school authorized by the state board, the employee shall file the written notices regarding misassignment described in paragraph (1) with the commission.
(5) During the period of a
misassignment, the certificated employee who files a written notice pursuant to subparagraph (B) of paragraph (1) shall be exempt from Section 45034.
(6) If it is determined that a misassignment has occurred, a performance evaluation pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of the certificated employee in the misassignment shall be nullified.
(7) A certificated employee who has not attained permanent status is subject to the protections described in this subdivision and subdivision (f) even if the certificated employee does not provide notice pursuant to paragraph (1).
(h) For the 2019–20 school year, the final data file generated by the system to identify misassignments and vacant positions shall be nonconsequential and shall be provided to the department, local educational agencies, and
monitoring authorities by the commission for informational purposes only.
(i) Commencing with the 2020–21 school year, and each school year thereafter, following the 90-day review period provided for monitoring authorities pursuant to subdivision (e), the commission shall do all of the following:
(1) Ensure local educational agencies have access to the results of the system’s process of assignment monitoring to support local continuous improvement efforts.
(2) Publish annual certificated educator assignment data that reflects the level of preparation and licensure of educators serving California pupils. This data shall include comprehensive information on all educator assignments, including those filled by individuals on permits or waivers, intern credentials, and preliminary or clear credentials, and those properly
appropriately assigned and misassigned, at the schoolsite, local educational agency, county, and state level. The commission may also publish data on educators serving on administrative and pupil services credentials, educator preparation pathways, and educator retention, and whether certificated staff are employed in K–12 education.
(3) (A) Identify instances of a teacher shortage in each instance where, as of Census Day, a course or class assignment is permanently filled by an employee who is not fully credentialed or who is not appropriately assigned, as identified in clauses (i) to (vii), inclusive, below:
(i) Individuals who are fully credentialed teachers and are serving outside their credential area based on holding a valid
commission-issued permit authorizing the subject, setting, or pupil population being taught.
(ii) Individuals who are fully credentialed teachers and are serving outside of their credential area pursuant to a statute or Title 5 of the California Code Regulations that allows a local educational agency to otherwise legally assign the individual at the local level.
(iii) Individuals serving on a valid district or university intern credential that authorizes the subject, setting, or pupil population being taught.
(iv) Individuals who are fully credentialed teachers but are teaching a subject, setting, or pupil population not authorized by their credential area, excluding assignments authorized by subdivision (b) of Section 80005 of Title 5 of the California Code of Regulations.
(v) Individuals serving on the basis of a valid permit issued by the commission that authorizes the subject, setting, or pupil population being taught.
(vi) Individuals serving on a short-term or variable-term waiver document issued by the commission that authorizes the subject, setting, or pupil population being taught.
(vii) Individuals who are identified as misassigned by the commission, other than those educators described in clause (iv).
(B) Identify instances of a teacher shortage in each instance where, as of Census Day, a local educational agency identifies a vacant position or an unfilled position.
(3)
(4) Support the department to do all of the following:
(A) Make annual educator assignment, misassignment, and vacant position data generated by the system publicly available in a searchable format on the department’s internet website. Data shall be updated annually and provide comprehensive information on teaching assignment outcomes inclusive of all educator classifications at the schoolsite, school district, and county level.
(B) Ensure that data for charter schools is distinguishable from data for noncharter public schools when made publicly available in a searchable format.
(C) Maintain each year’s data for no less than five years.
(D) Ensure that the publicly available misassignment data reported from the system shall not include any personally identifiable information, including names, social security numbers, home addresses, telephone numbers, or email addresses of individual educators.
(j) The commission may promulgate regulations that define standards for a local educational agency, including a charter school, that consistently misassigns educators and what sanctions, if any, to impose on that local educational agency.
(k) (1) On or before December 1, 2022, the commission shall report to the appropriate policy and fiscal committees of the Legislature on the development of the system, including, but not limited to, all of the following:
(A) The development
and current status of the system.
(B) The ability of the system to efficiently produce accurate annual data on teacher misassignments.
(C) Statewide information regarding misassignments, delineated by credential type, assignment, and type of school.
(D) Use of local assignment options, delineated by local assignment option and type of school.
(E) Any recommendations to improve the system and the local assignment monitoring process required by this section.
(F) Identification of any need for further technical assistance for local educational agencies, including chartering authorities, to improve assignment monitoring and reduce the overall rate of misassignment.
(2) Pursuant to Section 10231.5 of the Government Code, the reporting requirement described in paragraph (1) shall be inoperative on December 1, 2026.
(l) This section shall not relieve a local educational agency from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of “misassignment” for purposes of Section 33126 or the definition of “vacancy” for purposes of Section 35186.
(m) This section does not change existing rights or obligations, including, but not limited to, those specified in Sections 33126 and 33315.
SEC. 33.
Section 44283 of the Education Code is amended to read:44283.
(a) The Legislature hereby recognizes that teacher competence in reading instruction is essential to the progress and achievement of pupils learning to read in elementary and secondary schools. It is the intent of the Legislature that the commission develop a reading instruction competence assessment to measure the knowledge, skill, and ability of first-time credential applicants who are not credentialed in any state who will be responsible for reading instruction.(b) The commission shall develop, adopt, and administer a reading instruction competence assessment consisting of one or more instruments to measure an individual’s knowledge, skill, and ability relative to effective reading instruction. The reading instruction competence assessment shall measure the
knowledge, skill, and ability of first-time credential applicants who are not credentialed in any state that the commission determines to be essential to reading instruction and shall be consistent with the state’s reading curriculum framework adopted after July 1, 1996, and the Reading Program Advisory published by the department in 1996. The commission shall perform the following duties with respect to the reading instruction competence assessment:
(1) (A) Develop, adopt, and administer the assessment.
(B) The commission may also adopt an off-the-shelf assessment if it meets the requirements of this section.
(2) Initially and periodically analyze the validity and reliability of the content of the assessment.
(3) Establish and implement appropriate passing scores on the assessment.
(4) Analyze possible sources of bias on the assessment.
(5) Collect and analyze background information provided by first-time credential applicants who are not credentialed in any state who participate in the assessment.
(6) Report and interpret individual and aggregated assessment results.
(7) Convene a task force to advise the commission on the design, content, and administration of the assessment. Not less than one-third of the members of the task force
shall be classroom teachers with recent experience in teaching reading in the early elementary grades.
(8) Before requiring successful passage of the assessment for the preliminary multiple subject teaching credential, certify that all of the teacher education programs approved by the commission pursuant to Section 44227 offer instruction in the knowledge, skills, and abilities required by the assessment.
(c) Until the commission ensures that an approved teaching performance assessment for a preliminary multiple subject credential, as required by Section 44320.2, and a preliminary education specialist credential assesses candidates for competence in instruction in literacy as specified in Section 44320.3, the requirements for issuance of the preliminary multiple subject teaching credential, as set forth in subdivision (b) of Section 44259, or the preliminary education specialist
credential shall include successful passage of one of the following components of the reading instruction competence assessment:
(1) A comprehensive examination of the knowledge and skill pertaining to effective reading instruction of the credential applicant.
(2) An authentic assessment of teaching skills and classroom abilities of the credential applicant pertaining to the provision of effective reading instruction.
(3) A combination of paragraphs (1) and (2), as approved by the commission.
(d) The reading instruction competence assessment is subject to the provisions of Sections 44235.1 and 44298.
(e) Credential candidates who have completed all program requirements, including passage of a teaching performance assessment, or preliminary credentialholders that are required to pass the reading instruction competence assessment in order to earn the clear credential, may have until October 31, 2025, to take and pass the reading instruction competence assessment.
SEC. 34.
Section 44283.1 is added to the Education Code, to read:44283.1.
(a) As of the effective date of this section, an applicant for a preliminary multiple subject teaching credential or a preliminary education specialist instruction credential will hold a passing reading instruction competence assessment score prospectively if, within the 10 calendar years following the date the score was earned, the applicant has achieved a reading instruction competence assessment examination score as follows:(1) A score of 198 earned on the 2009 single administration reading instruction competence assessment examination before July 26, 2021.
(2) A score of 198 earned on each subtest of the three-subtest version of the reading instruction competence
assessment on or after July 26, 2021.
(b) This section supersedes subdivisions (a) and (b) of Section 80071 of Title 5 of the California Code of Regulations.
SEC. 35.
Section 44395 of the Education Code is amended to read:44395.
(a) (1) The National Board for Professional Teaching Standards Certification Incentive Program is hereby established to award grants to school districts for the purpose of providing awards to teachers who are employed by school districts or charter schools, are assigned to teach in California public schools, and have attained or will attain certification from the National Board for Professional Teaching Standards. Awards shall be granted to the extent that funds have been appropriated for this purpose in the annual Budget Act.(2) (A) Commencing July 1, 2021, any teacher who has attained certification from the National Board for Professional Teaching Standards is eligible to receive an award of up to twenty-five
thousand dollars ($25,000) if the teacher agrees to teach at a high-priority school for at least five years. Teaching service before July 1, 2021, may not be counted towards satisfaction of this five-year commitment.
(B) Awards granted pursuant to this paragraph shall be disbursed in annual payments of five thousand dollars ($5,000) over a five-year period. The annual payment shall be made upon completion of the school year, and upon approval of a district-certified application pursuant to the guidelines of subdivision (c) of Section 44396.
(3) (A) Commencing July 1, 2021, any teacher who initiates the process of pursuing a certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of two thousand five hundred dollars ($2,500).
(B) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.
(C) A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2) after completion of a certification from the National Board for Professional Teaching Standards to the extent funds are available.
(4) (A) (i) Commencing July 1, 2023, any teacher who initiates the process of maintenance of certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of four hundred ninety-five dollars ($495).
(ii) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.
(iii) A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2).
(B) This paragraph may be implemented using funds appropriated pursuant to Section 137 of Chapter 44 of the Statutes of 2021.
(b) (1) The department shall administer the awards authorized by subdivision (a), and shall develop, in consultation with the
Commission on Teacher Credentialing, certification and award information, criteria, procedures, and applications, all of which shall be submitted to the state board for approval. Amendments requested by the state board to that information, criteria, procedures, and applications shall be made before the dissemination of the material and the granting of any award under this article.
(2) Commencing July 1, 2027, the Commission on Teacher Credentialing shall administer the awards authorized by this section and any reference to department shall instead refer to the commission.
(c) The department shall distribute the materials described in subdivision (b) to school districts. Each school district is strongly encouraged to ensure that teachers employed by the district or by charter
schools affiliated with the district are informed about the program and can acquire the necessary application and information materials.
(d) School districts are encouraged to provide for adequate release time and support for a teacher to complete the certification process. As a condition to providing that release time and support, a school district may require that a teacher serve in a mentor teacher capacity.
(e) For purposes of this article, the following definitions apply:
(1) “School district” means school district, county board of education, county superintendent of schools, a state operated program, including a special school, a regional occupational center or program operated by a joint powers authority or a county office of education, or an education program providing instruction in transitional
kindergarten, kindergarten, or any of grades 1 to 12, inclusive, that is offered by a state agency, including the Department of Youth and Community Restoration and the State Department of Developmental Services.
(2) “High-priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02. This designation shall be determined by the department.
SEC. 36.
Article 13.5 (commencing with Section 44400) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:Article 13.5. Educator Recruitment and Retention Initiative
44400.
For purposes of this article, the following definitions apply:(a) “Program” means the Student Teacher Stipend Program established pursuant to Section 44400.01.
(b) “Local educational agency” means a school district, charter school, or county office of education.
(c) “Prospective educator” means a candidate enrolled in a program of professional preparation for a preliminary multiple subject, single subject, education specialist, or PK-3 early childhood education specialist instruction credential accredited by the Commission on Teacher Credentialing.
(d) “Student
teaching” shall align to clinical practice guidance by the Commission on Teacher Credentialing, and refers to time spent in the classroom with a cooperating or mentor teacher, and includes, but is not limited to, coplanning, coteaching, guided teaching, and solo teaching. For the purposes of this program, service on an intern credential does not qualify as student teaching.
44400.01.
(a) The Student Teacher Stipend Program is hereby established to support prospective educators during their completion of 500 or more hours of student teaching as part of their credential program’s clinical practice.(b) (1) To improve both teacher retention and recruitment in California’s public school system, it is the intent of the Legislature to create a grant program to compensate student teachers, support credential attainment via clinically rich credential pathways, and support the prospective educator’s successful transition into local educational agency employment.
(2) It is further the intent of the Legislature to authorize the Student
Teacher Stipend Program as an ongoing, annual program to support the recruitment and retention of prospective educators.
(3) It is further the intent of the Legislature to increase stipend amounts available, pursuant to this article, for prospective educators who commit to teaching in a priority school or high need field, in future years, subject to an appropriation for this purpose.
(c) Funding shall be provided under this article to the extent that funds have been appropriated for this purpose in the annual Budget Act or another statute.
44400.02.
(a) The Commission on Teacher Credentialing shall award funding appropriated for this purpose to local educational agencies that host student teachers or teacher residents or that employ teacher apprentices.(b) (1) Local educational agencies awarded funding pursuant to this article shall provide stipends to prospective educators during their completion of 500 or more hours of student teaching. Stipends for each prospective educator shall be ten thousand dollars ($10,000) and paid during the school year in which the credential applicants are completing their student teaching.
(2) Local educational agencies employing credentialed educator apprentices
may use stipend awards to offset the wages paid to those apprentices during the initial phase of the apprenticeship when the apprentice is not yet the educator of record.
(3) Local educational agencies hosting teacher residents may use student teacher stipends in cases where residents are not supported by residency stipends pursuant to Section 44415.5.
(c) The Commission on Teacher Credentialing shall establish a streamlined online process for local educational agencies to submit the prospective educator’s information, including, but not limited to, all of the following:
(1) The prospective educator’s preparation program.
(2) The number of student teaching hours they will complete.
(3) The
local educational agency or agencies where they are completing their student teaching.
(4) The schoolsite or schoolsites where they are completing their student teaching.
(5) Their desired credential.
(6) Evidence of their valid certificate or permit issued by the Commission on Teacher Credentialing that required professional fitness review.
(7) Their demographic information.
(d) (1) Commencing July 1, 2026, to the extent that funds are available for this purpose, up to one hundred million dollars ($100,000,000) shall be available annually for the Commission on Teacher Credentialing to award stipends.
(2) To the extent that demand for this program exceeds the amount appropriated by the Legislature, the Commission on Teacher Credentialing shall prioritize student teacher stipend applications for the year on a first-come, first-serve basis.
(e) Notwithstanding Section 10231.5 of the Government Code, the Commission on Teacher Credentialing shall, on or before January 1, 2027, and each year thereafter, report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature, regarding the state of the grant program, including, but not limited to, the number of prospective educators paid, their education preparation programs, their desired credential, the participating local educational agencies, and the demographics of the participants in the program. The report submitted to the appropriate fiscal and policy committees of the Legislature shall be submitted consistent with Section 9795 of the Government
Code.
44400.03.
(a) For 2025–26 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated for the General Fund to the Commission on Teacher Credentialing to support the Student Teacher Stipend Program established in this article. These funds shall be available for encumbrance until June 30, 2030.(b) For the 2025–26 fiscal year, of the amount appropriated in subdivision (a), five million dollars ($5,000,000) shall be available for the Kern County Superintendent of Schools to do the following:
(1) (A) Conduct a multimedia campaign beginning no later than April 1, 2026, and ending no sooner than July 1, 2028, to encourage students
enrolled in California-based institutions of higher education and individuals employed in related fields to pursue a career in public school employment, become a credentialed teacher, and enroll in a program of professional preparation accredited by the Commission on Teacher Credentialing.
(B) In conducting the multimedia campaign, the Kern County Superintendent of Schools shall consult with the Commission on Teacher Credentialing, the Student Aid Commission, the department, and other educator credentialing interestholders to create and disseminate outreach to local educational agencies, institutions of higher education, and educator pipeline organizations, including classified employees, expanded learning employees, career technical education programs, and labor organizations. These multimedia outreach methods and materials shall include state and federal student aid and education loan repayment options for aspiring or current educators and
other investments that benefit teachers, including, but not limited to, the Student Teacher Stipend Program, the Golden State Teacher Grant Program, and the National Board for Professional Teaching Standards Certification Incentive Program.
(2) (A) Develop a grants management system that could be utilized by the Commission on Teacher Credentialing to streamline the application and administration process for all teacher recruitment and retention programs that the Commission on Teacher Credentialing administers.
(B) The grant management system shall be available for public use no later than April 1, 2026 for applications for the administration of the Student Teacher Stipend Program for the 2026–27 school year.
(C) The grant management system shall include program administration for the National
Board for Professional Teaching Standards Certification Incentive Program beginning no later than April 1, 2027.
(D) Notwithstanding any other law, any work executed pursuant to this paragraph shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of Technology.
(3) Contract for a comprehensive independent evaluation of the state’s investments in educator recruitment and retention pursuant to this article and Section 44395, and report the evaluation to the Legislature on or before July 1, 2029, consistent with Section 9795 of the Government Code. This evaluation shall include the programs’ effectiveness in impacting prospective educator decisions to enroll in a student teaching program, increasing the number of individuals completing their student teaching program, increasing the
number of individuals completing their student teaching programs in high-need credential areas, and increasing the retention rates of educators after the first two years of employment, and include the demographics of the participants in the programs.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 37.
Section 44415.8 is added to the Education Code, to read:44415.8.
(a) (1) For the 2025–26 fiscal year, the sum of seventy million dollars ($70,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to augment the Teacher Residency Grant Program pursuant to Section 44415.5 to support teacher residency programs that recruit and support the preparation of teachers. This funding shall be available for encumbrance until June 30, 2030.(2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded.
(b) It is the intent of the Legislature that the commission utilizes the grant
management system developed pursuant to subdivision (a) of Section 44400.3 to streamline the Teacher Residency Grant Program application and administration with other educator recruitment and retention programs administered by the commission.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 38.
Section 46120 of the Education Code is amended to read:46120.
(a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive after school and intersessional expanded learning opportunities.(2) The Expanded Learning Opportunities Program is hereby established.
(b) (1) For the 2021–22 and 2022–23 school years, local educational agencies that receive funds pursuant to subdivision (d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and provide to at least 50 percent of enrolled unduplicated pupils in classroom-based
instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Funding received pursuant to this section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements. Commencing
(2) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (B)
subparagraphs (B) and (C) of paragraph (1) of subdivision (d), local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program. Commencing
(3) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (C)
(D) of paragraph (1) of subdivision (d), local educational agencies shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program. Expanded
(4) Expanded learning opportunity programs shall include all of the following:
(A) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught
for the purpose of meeting the 180-instructional-day offering as described in Section 46208 for school districts and the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations for charter schools, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
(B) (i) For at least 30 nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no fewer than nine hours of in-person expanded learning opportunities per day.
(ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when
added to daily instructional minutes, recess, and meals, are not fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.
(C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no fewer than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no fewer than eight hours of in-person expanded learning opportunities on at least 30 nonschooldays.
(2)
(5) Local educational
agencies operating expanded learning opportunity programs pursuant to this section may operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (g) of Section 8482.3, including the development of a program plan based on all of the following:
(A) The department’s guidance.
(B) Section 8482.6.
(C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (c) of Section 8483.3.
(D) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than 10 to 1.
(3)
(6) Local educational agencies shall prioritize services provided pursuant to this section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with expanded learning opportunity programs across their attendance area.
(4)
(7) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in expanded learning opportunity
programs provided pursuant to this section.
(5)
(8) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with Section 8482.6.
(6)
(9) Local educational agencies are encouraged to collaborate with community-based organizations and childcare providers,
especially those participating in state or federally subsidized childcare programs, to maximize the number of expanded learning opportunity programs offered across their attendance areas.
(7)
(10) This section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs.
(8)
(11) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours.
(9)
(12) For a local educational agency that is temporarily prevented from operating its expanded learning opportunity program because of a school or program site closure due to emergency conditions listed in Section 41422 or subdivision (d) of Section 8482.8, and is not able to meet all of the requirements pursuant to paragraph (1), which is in fact shown by a
resolution adopted by the governing board or body of the local educational agency, in addition to documentation substantiating the need for closure, the local educational agency shall not be subject to the penalty required pursuant to paragraphs (1) to (3), inclusive, of subdivision (c) as a result of the emergency.
(10)
(13) (A) An expanded learning opportunity program shall not be required to comply with the requirements of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 or the requirements set forth in Chapter 19 of Division 1 of Title 5 of the California Code of Regulations.
(B) Notwithstanding any other law, an expanded learning opportunity program operating pursuant to this section may operate without obtaining a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph.
(C) Notwithstanding subparagraph (B), an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code, as of June 1, 2023, shall maintain that license or permit capacity as a requirement of contracting pursuant to
this section until June 30, 2025. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph.
(D) Nothing in this section exempts an expanded learning opportunity program operating pursuant to this section from complying with the child daycare facility license requirements set forth in Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code when serving children who do not participate in the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1), 21st Century Community Learning Centers (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1), or the Expanded Learning Opportunities Program pursuant to this section. If multiple funding sources are used to serve pupils in an expanded
learning opportunity program, a conflict in program requirements shall be resolved in favor of the funding source with the stricter requirements.
(c) (1) (A) Commencing with the 2023–24 fiscal year, a local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b).
(B) Notwithstanding subparagraph (A), commencing with the 2025–26 fiscal year, a local educational agency that received funding pursuant to subparagraph (D) of paragraph (1) of subdivision (d) in the prior applicable fiscal year, and receives funding pursuant to subparagraph (C) of paragraph (1) of subdivision (d) in
the current applicable fiscal year, shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with paragraph (3) of subdivision (b) for that current applicable fiscal year only and, for each fiscal year thereafter, shall be subject to an audit to determine compliance with paragraph (2) of subdivision (b).
(2) Commencing with the 2023–24 fiscal year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (1) (2) or (3) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (d) an amount proportionate to the number of pupils
to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph.
(3) (A) Commencing with the 2023–24 fiscal year, if a school district fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (1) (4) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0048 times the school district’s apportionment for each day
the school district fails to meet the day or hour requirements.
(B) Commencing with the 2023–24 fiscal year, if a charter school fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (1) (4) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements.
(d) (1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the
annual Budget Act and in subdivision (h), if applicable, in the following manner:
(A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 80 percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(B) Commencing with For
the 2022–23 fiscal year,
to 2024–25 fiscal years, inclusive, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 75 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(C) Commencing with the 2025–26 fiscal year, for local educational agencies with a prior
fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 55 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(C)
(D) For
all other local educational agencies not receiving an allocation under subparagraph (A) or (B), (A), (B), or (C), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (h), if applicable, after the amount allocated pursuant to subparagraph (A) or (B), (A), (B), or (C), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior year average daily attendance and
unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. The per-unit rate pursuant to this subparagraph shall not exceed the per-unit rate pursuant to subparagraph (C).
(E) For purposes of allocating funding pursuant to subparagraphs (C) and (D) for the 2025–26 fiscal year only, the Superintendent shall calculate the difference between the prior fiscal year average daily attendance from the first period reported kindergarten and grades 1 to 6, inclusive, and the second period reported kindergarten and grades 1 to 6, inclusive, and, if there is a difference, allocate to the applicable local educational agency the amount of that difference attributable to the following local educational
agencies:
(i) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
(ii) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.
(iii) Alma Fuerte Public in the City of Pasadena.
(iv) The Los Angeles Unified School District and the Pasadena Unified School District.
(2) A (A) For the 2021–22 fiscal year to the 2024–25 fiscal year, inclusive, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000).
(B) Commencing with the 2025–26 fiscal year, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than one hundred thousand dollars ($100,000).
(3) (A) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to expanded learning
opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities.
(B) Funds provided to a local educational agency pursuant to paragraph (1) may also be used to support attendance recovery pursuant to Article 9 (commencing with Section 46210) when attendance recovery is operated by a local educational agency in conjunction with, and on the same schoolsite as, its expanded learning opportunities program. A local educational agency that elects to use expanded learning opportunity program funds to support attendance recovery shall comply with the supervision requirements described in subdivision (f) of Section 46211.
(4) A local educational agency receiving funding pursuant to subparagraph (B)
or (C)
of paragraph (1) shall be provided at least three years of funding pursuant to that subparagraph upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (B) or (C) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph.
(5) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than 175 calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure.
(6) (A) For the 2021–22 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2022–23 and 2023–24 fiscal years. Any encumbered funds pursuant to this paragraph that are not expended by the school district or charter school by September 30, 2024, shall be returned to the state.
(B) On or before October 31, 2024, each local educational agency that received an allocation pursuant to subparagraph (A), (B), or (C)
(D) of paragraph (1) for the 2021–22 fiscal year or the 2022–23 fiscal year shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the 2021–22 and 2022–23 fiscal years pursuant to subparagraphs (A), (B), and (C) (D) of paragraph (1).
(C) (i) For the 2024–25 fiscal year, funds returned pursuant to subparagraph (A) shall be added to the amount of funds remaining from the appropriations in the calculation of the rate pursuant to subparagraph (C)
(D) of paragraph (1), and be expended consistent with paragraphs (9) and (10), up to the amount sufficient to provide the amount of two thousand dollars ($2,000) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.
(ii) If there is insufficient funding to provide the full amount described in clause (i), the Superintendent may prorate that amount per unit.
(7) (A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of
paragraph (1) shall be calculated as follows:
(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts.
(ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures
established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district. If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district.
(B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows:
(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, the sum of the average daily attendance of the original school districts.
(ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district.
(iii) For a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district.
(iv) For
purposes of clauses (i), (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district.
(8) (A) Beginning with the 2022–23 fiscal year, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds.
(B) Training and support
shall include, but is not limited to, supporting local educational agencies with leveraging multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs.
(9) (A) Commencing with the 2023–24 fiscal year, any funds allocated pursuant to subparagraphs (B) and (C) (B), (C), and (D) of paragraph (1) shall be expended by June 30 of the fiscal year following the fiscal year in which the appropriation is made. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state. On or before September 30 of the second fiscal year following the fiscal year in which the appropriation is
made, each local educational agency receiving an allocation pursuant to subparagraph (B) or (C) (B), (C), or (D) of paragraph (1) shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the fiscal year pursuant to subparagraph (B) or (C) (B), (C), or (D) of paragraph (1).
(B) If a charter school receiving an allocation pursuant to subparagraph (B) or (C)
(B), (C), or (D) of paragraph (1) ceases to operate, a final expenditure report, using a template developed by the department, shall be due to the department within 60 days of the effective date of closure. The department shall collect any unspent amounts from funds allocated to the charter school in that fiscal year and the immediately preceding fiscal year.
(10) (A) Commencing with the 2025–26 fiscal year and annually thereafter, local educational agencies shall annually declare their operational intent to the department to run an expanded learning opportunity program pursuant to this section in accordance with instructions and forms prescribed and furnished by the Superintendent.
(B) To the extent possible, any funds made available by a local educational agency’s decision not to operate an expanded learning
opportunity program may be reallocated pursuant to subparagraph (C)
(D) of paragraph (1).
(e) Commencing with the 2023–24 school year, the Superintendent, in consultation with the State Department of Social Services, shall establish a process and a timeline for local educational agencies that contract with third-party providers to operate expanded learning opportunity programs at a location other than a local educational agency’s school campus pursuant to this section, and California state preschool program providers pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, to annually submit program access information to the department, which shall distribute a compiled list to the State Department of Social Services for purposes of Community Care Licensing Division data collection and submission to the local educational agency’s applicable resource and referral agency. Information required to be submitted under this subdivision shall
include, but not be limited to, all of the following:
(1) The name, address, and telephone number of each third party.
(2) The number of pupils being served by each third party, as well as the grade levels of those pupils.
(3) The State Department of Social Services child daycare facility license number of each third party, if applicable.
(4) A single point of contact for each local educational agency regarding expanded learning opportunity programs.
(f) By February 1, 2024, the Superintendent, in consultation with the State Department of Social Services, shall submit a report to the relevant fiscal and policy committees of the Legislature that includes all of the following:
(1) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the fiscal year, and how many pupils are provided access to these programs.
(2) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during nonschooldays, and how many pupils are provided access to these programs.
(3) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site in the 2023–24 and 2024–25 fiscal years
who are also licensed by the State Department of Social Services for purposes of community care licensing, the type of programs that are licensed by the State Department of Social Services for purposes of community care licensing, and how many pupils are provided access to their programs.
(4) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during the fiscal year, how many contractors they work with, and the number of pupils provided access to these programs, by grade.
(5) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during nonschooldays, how many contractors they work with, and the number of pupils provided access to these programs, by grade.
(g) For purposes of this section, the following definitions apply:
(1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities.
(2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of fewer than 11 persons per square mile.
(3) “Local educational agency” means a school district or charter school, excluding a charter school established pursuant to Section 47605.5.
(4) “Nonschooldays” means
days not identified pursuant to subparagraph (A) of paragraph (1) of subdivision (b), inclusive of Saturdays, as described in Section 37223.
(5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels. channels, including, but not limited to, publishing program availability information in local educational agency pupil enrollment forms, on the local educational agency website, and posted publicly at each program site in a location accessible to the public.
(6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program.
If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program. For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another location that is established by the local educational agency.
(7) “Unduplicated pupil” has the same meaning as in Section 42238.02.
(h) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for
allocation for the Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section.
(i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (h) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
SEC. 39.
Section 46211 of the Education Code is amended to read:46211.
(a) Beginning July 1, 2025, to address the educational and fiscal impacts of pupil absences, a local educational agency may implement attendance recovery programs for pupils to make up lost instructional time and offset absences, including reducing chronic absenteeism.(b) (1) An attendance recovery program implemented pursuant to this article may be operated before or after school, on weekends, or during intersessional periods. Local educational agencies that operate attendance recovery programs shall offer access to attendance recovery programs throughout the school year, including, at least once during each term, such as each trimester or quarter. Average daily attendance generated through an attendance recovery program shall be credited
to the school year in which the attendance recovery program is operated and the local educational agency in which the pupil is enrolled.
(2) Instructional time included for the purposes of generating average daily attendance pursuant to this section shall not be included within the instructional time used to meet the annual day and minute requirements pursuant to Sections 46207, 46208, 47612, and 47612.5 of this code, and Section 11960 of Title 5 of the California Code of Regulations, as applicable.
(c) Participation in an attendance recovery program shall not be compulsory or punitive for pupils. Pupils concurrently participating in both an attendance recovery program and an expanded learning opportunities program pursuant to Section 46120 shall retain their ability to participate in the entirety of an expanded learning opportunities program’s offerings pursuant to Section 46120
for the duration of the school year.
(d) (1) For participation in an attendance recovery program, a pupil shall not be credited with more than the lesser of the equivalent of 10 days of attendance in a school year, or the number of absences the pupil accrued in that school year. For purposes of meeting all of the requirements of this section, an individual pupil shall not be credited with more than one day of attendance for any calendar day of participation in an attendance recovery program.
(2) A pupil shall not be credited with more than five days of attendance per school week for school districts or county offices of education, or more than one day of attendance in a calendar day when school is actually taught pursuant to Section 47612 of this code and Section 11960 of Title 5 of the California Code of Regulations for charter schools.
(3) Attendance accrued through participation in an attendance recovery program shall be tracked and reported to the department by local educational agencies separately from average daily attendance generated during the schoolday in classroom-based programs.
(4) When reporting attendance accrued through participation in an attendance recovery program to the department pursuant to Sections 60900 and 60901, consistent with paragraph (3), the attendance shall be reported separately from those days of attendance not accrued through participation in an attendance recovery program. The department shall also separately report days accrued through attendance recovery programs on its internet website.
(e) (1) Notwithstanding Sections 46112, 46113, 46114, 46117, 46141, 46142, 46146, 46148, 46146.5, 46170,
46180, 48645.3, and 48663, pupils participating in an attendance recovery program operating pursuant to this section may generate average daily attendance. Average daily attendance generated through a pupil’s participation in an attendance recovery program may be accumulated in increments of one hour, as documented by the teacher of each attendance recovery classroom described in subdivision (g) and maintained by the local educational agency. A pupil shall only be credited with not less than a full day of attendance in an attendance recovery program, and only once the amount of time that a pupil participates in an attendance recovery program meets the applicable minimum daily minutes requirements pursuant to Article 2 (commencing with Section 46110) and Article 3 (commencing with Section 46140), including the minimum schoolday for a pupil with an individualized education program pursuant to Section 46307, up to the limits established in subdivision (d).
(2) (A) For the purposes of computing average daily attendance for purposes of this article, the minimum daily instructional minute requirements pursuant to Article 2 (commencing with Section 46110) and Article 3 (commencing with Section 46140) apply to all local educational agencies, including charter schools.
schools, except for county community schools operated pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1, continuation high schools operated pursuant to Chapter 3 (commencing with Section 48400) of Part 27, juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27, and community day schools operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27.
(B) Charter schools shall comply with the minimum daily instructional minute requirements for the applicable grade span pursuant to Sections 46112, 46113, 46114, 46117, 46141, and 46142.
(C) County community schools, continuation high schools, juvenile court schools, and
community day schools shall comply with schoolday and instructional minute requirements for the applicable setting pursuant to Sections 1983, 46170, 48653.3, and 48663.
(f) As a condition of generating average daily attendance, an attendance recovery program shall be composed of pupils engaged in educational activities and content aligned to grade level standards that are substantially equivalent to the pupils’ regular instructional program, which may include one-on-one or small group tutoring, and shall be under the immediate supervision and control of a certificated teacher who is also an employee of the local educational agency and who possesses a valid certification document, registered as required by law, pursuant to Sections 46300 and 47612.5. An attendance recovery program shall not exceed a pupil-to-certificated teacher ratio of 10 to 1 for transitional kindergarten and kindergarten or 20 to 1 for grades 1 to
12, inclusive. A local educational agency shall maintain documentation demonstrating how the attendance recovery program met the applicable ratios required pursuant to this subdivision.
(g) (1) An attendance recovery program shall be provided only as a limited-term option for a classroom-based, regular educational program for pupils in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive. Pupils otherwise enrolled in a nonclassroom-based program, including pupils served by a nonclassroom-based charter school pursuant to Section 47612.5, shall not participate in an attendance recovery program and a local educational agency shall not generate apportionment through an attendance recovery program for pupils enrolled in a nonclassroom-based program.
(2) (A) For school districts, a pupil is enrolled in a nonclassroom-based
program for purposes of this subdivision if the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than 15 schooldays in a school year.
(B) For charter schools, a pupil is enrolled in a nonclassroom-based program for purposes of this subdivision if the pupil is continually enrolled in independent study for more than 15 schooldays on any of the days on which school is taught for the purpose of meeting the requirement to offer 175 instructional days, as described in Section 11960 of Title 5 of the California Code of Regulations.
(3) A charter school that serves pupils pursuant to Section 47612.1 shall not participate in an attendance recovery program operated pursuant to this section.
(h) On or before June 30, 2025, the department shall develop and
maintain on its internet website guidance to support local educational agencies in creating and implementing high-quality attendance recovery programs.
(i) (1) In consultation with the executive director of the state board, the department shall research local pupil information systems to identify opportunities for local educational agencies to collect and report to the state more nuanced data about the reasons for pupil absences.
(2) At a minimum, the department shall investigate opportunities to use and improve existing pupil information systems to more accurately track pupil absences and their reasons, including, but not limited to, those absences caused by each of the following:
(A) School closures due to emergencies pursuant to Section 41422.
(B) Schooldays of materially decreased attendance due to emergencies pursuant to Section 46392.
(C) Pupil absences due to emergencies pursuant to Section 46392, or any other personal or large-scale emergencies.
(3) The department shall use the research collected pursuant to this subdivision to develop recommendations to amend existing laws, regulations, guidance, and processes to collect, aggregate, and disaggregate absenteeism data from local educational agencies to provide additional clarity on the causes of pupil absenteeism across the state, including by pupil subgroup. These recommendations shall include steps to calculate an adjusted chronic absenteeism rate that does not include absences due to emergencies pursuant to Section 46392.
(4) On or before
January 1, 2026, the department shall submit a report of its findings and recommendations to the chairs of the budget committees of both houses of the Legislature, the Superintendent, the executive director of the state board, and the Director of Finance.
(j) Commencing with the 2025–26 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in subdivisions (d) to (g), inclusive, including loss of apportionment for an attendance recovery program pursuant to this article for local educational agencies found to be noncompliant.
(k) For purposes of this article, the following terms have the following meanings:
(1) “Local educational agency” means a school district, county office of
education, or charter school.
(2) “School year” has the same meaning as described in Section 37200.
SEC. 40.
Section 46392 of the Education Code is amended to read:46392.
(a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:(1) Fire.
(2) Flood.
(3) Impassable roads.
(4) Epidemic.
(5) Earthquake.
(6) The imminence of a major safety hazard as determined by the local law enforcement agency.
(7) A strike involving transportation services to pupils provided by a nonschool entity.
(8) An order provided for in Section 41422.
(9) Snowstorm.
(b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the
period during which average daily attendance has been reduced by the state of emergency.
(2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
(3) Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the
residences within the school district or school district facilities were destroyed by the qualifying emergency.
(c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
(2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for
pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to
this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
(i) The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
(ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and
substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
(d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
(1) (A) In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
(B) In the 2021–22 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
(C) In the 2022–23 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
(2) (A) In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
(B) In the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school.
(3) For a county office of education funded pursuant to
paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
(4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded
through the school district’s local control funding formula apportionment pursuant to Section 2576.
(5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes.
(B) For purposes of making the computations required by Section 8 of Article XVI of
the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202.
(e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
(1) For the 2021–22
fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
(2) For the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal
apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
(4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
(5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon
as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
(f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
(1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the
school, as if the school were operational in the 2021–22, 2022–23, and 2023–24 fiscal years.
(2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years.
(g) (1) Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025:
(A) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
(B) Aveson
Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.
(C) Alma Fuerte Public in the City of Pasadena.
(2) For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of 175 school days, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified local control funding formula entitlement pursuant to Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
(3) Allocations pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation no sooner than the first principal apportionment.
(g)
(h) This section applies to any average daily attendance that occurs during any part of a school year.
SEC. 41.
Section 48000.1 of the Education Code is amended to read:48000.1.
(a) For the purposes of subparagraphs (A) and (B) of paragraph (4) of subdivision (g) of Section 48000, “units” means semester units, or their quarterly equivalent, as used for the purposes of a degree program at the University of California, California State University, California Community Colleges, or independent institutions of higher education, as defined in Section 66010.(b) (1) Commencing with the 2022–23 school year, if a school district or charter school fails to comply with the requirements of paragraphs (1) to (4), inclusive, of subdivision (g) of Section 48000, the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to Section 42238.02 the sum of the following:
(A) (i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (2) of subdivision (g) of Section 48000, the amount determined by multiplying:
(i)
(I) The number of additional adults needed to meet the requirements of paragraph (2) of subdivision (g) of Section 48000, as
calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 12, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000.
(ii)
(II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest tenth.
10th.
(iii)
(III) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02.
(ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (3) of subdivision (g) of Section 48000, the amount determined by multiplying:
(I) The number of additional adults needed to meet the requirements of paragraph (3) of subdivision (g) of Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 10, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000.
(II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th.
(III) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02.
(B) For school districts and charter schools that fail to ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, met one of the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000, the amount determined by multiplying:
(i) The number of credentialed teachers that did not meet the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000.
(ii) Twenty-four, reduced by the statewide average rate of absence for elementary school
districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest tenth.
10th.
(iii) The per average daily attendance rate pursuant to subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02.
(iv) The quotient of the sum of all schooldays on which all teachers identified pursuant to clause (i) rendered any amount of service in a classroom with transitional kindergarten pupils without meeting the applicable requirements divided by the total days of instruction for those teachers.
(C) (i) For
the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02.
(ii) For the 2025–26 school year and
for each school year thereafter, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the transitional kindergarten average daily attendance for the second principal apportionment period for the affected schoolsites by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02.
(2) The requirements of paragraphs (1), (2), and (4) of subdivision (g) of Section 48000, and, if operative, the requirements of paragraph (3) of subdivision (g) of
Section 48000, shall apply to any classroom providing instruction to pupils enrolled in a transitional kindergarten program.
(c) The Superintendent shall adjust an amount withheld pursuant to the requirements of subdivision (b) to ensure that the total amount withheld does not exceed the product of both of the following:
(1) The then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school.
(2) The sum of the per average daily attendance rates of all of the following:
(A) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02.
(B) Subparagraph (A)
of paragraph (3) of subdivision (d) of Section 42238.02.
(C) Paragraph (2) of subdivision (g) of Section 42238.02.
(d) An individual with a substitute permit or teaching permit authorized by the Commission on Teacher Credentialing pursuant to subdivision (m) of Section 44225 or Section 44300 of this code, or Sections 80025, 80025.1, and 80025.2 of Title 5 of the California Code of Regulations, that provides substitute teaching services in a transitional kindergarten classroom, shall not be subject to the requirements of paragraph (4) of subdivision (g) of Section 48000.
SEC. 42.
Section 48004 is added to the Education Code, immediately following Section 48003, to read:48004.
(a) The Legislature finds and declares all of the following:(1) With the expansion of transitional kindergarten, there is an increased need to support our youngest multilingual learners, including pupils whose primary language is a language other than English, pupils who are learning two or more languages at the same time, and pupils who are learning a second language while still developing their first language.
(2) The languages and cultures that pupils bring with them are an asset to their learning communities and should be uplifted and celebrated. Research demonstrates the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy.
(3) Early identification of multilingual learners is key in providing early support with evidence-based language development resources and in improving pupil outcomes. However, identification should be done in a developmentally appropriate manner that minimizes the stress placed on young pupils.
(4) With the passage of Assembly Bill 2268 of the 2023–24 Regular Session, signed by the Governor on June 14, 2024, the Legislature affirmed its commitment to ensuring all pupils in transitional kindergarten, including young four-year-old children eligible for transitional kindergarten, are not assessed for English language acquisition status with a language proficiency assessment that is not developmentally appropriate.
(5) As a result of the passage of Assembly Bill 2268 of the 2023–24 Regular Session, pupils in transitional
kindergarten were exempted from the requirement to be administered the English Language Proficiency Assessments for California (ELPAC) in the 2024–25 school year, thereby eliminating the ability of local educational agencies to screen pupils in transitional kindergarten for English language acquisition status.
(6) It is the intent of the Legislature to ensure an efficient method of screening pupils in transitional kindergarten for English language acquisition status to determine if they are a multilingual learner and to streamline processes for local educational agencies and staff through the statewide use of a standardized screening instrument that is developmentally appropriate for use with three- and four-year-old children entering transitional kindergarten.
(7) It is further the intent of the Legislature that local educational agencies provide language development support to
multilingual learners in transitional kindergarten and that local educational agencies and teachers and staff assigned to transitional kindergarten classrooms provide parents or guardians of pupils enrolled in transitional kindergarten with information regarding the benefits of multilingualism.
(8) It is further the intent of the Legislature that local educational agencies identify multilingual learners in transitional kindergarten who need language development support by using a screening instrument that meets all requirements of subdivision (d) and a home language survey that complements the screening.
(b) (1) (A) By no later than March 31, 2026, the Superintendent shall select, subject to the approval of the executive director of the state board, a list of screening instruments that meet the requirements of subdivision (d) to support
the identification of multilingual learners in transitional kindergarten.
(B) The Superintendent shall submit recommendations to the executive director of the state board, and the relevant policy and fiscal committees of the Legislature, whether any of the screening instruments chosen pursuant to this section are also developmentally appropriate for identifying dual language learners, who are three through four years old, inclusive, in California state preschool programs.
(2) (A) For the 2025–26 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent for any of the following purposes:
(i) To acquire screening instruments selected pursuant to subparagraph (A) of paragraph (1) and any training materials, available for use by, and
free of cost to, local educational agencies.
(ii) To support field testing of the screening instruments pursuant to paragraph (2) of subdivision (c).
(B) Funds appropriated pursuant to paragraph (2) shall be available for expenditure or encumbrance through June 30, 2028.
(3) For purposes of 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.
(c) (1) (A) Commencing with the 2027–28 school year, a local educational agency serving pupils in transitional kindergarten pursuant to Section
48000 shall screen transitional kindergarten pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify whether they are multilingual learners using a screening instrument selected by the Superintendent pursuant to subparagraph (A) of paragraph (1) of subdivision (b).
(B) The department shall provide guidance to local educational agencies on the use of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).
(2) In the 2026–27 school year the Superintendent may select local educational agencies to voluntarily conduct a field test of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).
(d) The screening instruments selected
pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be able to measure the extent to which a pupil enrolled in a transitional kindergarten pursuant to Section 48000 would benefit from additional support in English by screening their English language listening and speaking skills and shall meet all of the following requirements:
(1) Have psychometric properties of reliability and validity deemed adequate by technical experts.
(2) Be developmentally and age-appropriate for pupils in transitional kindergarten.
(3) Be capable of administration to pupils with a primary language other than English.
(4) Be capable of administration by classroom teachers or other adults assigned to the classroom.
(5) Not discriminate on the basis of race, ethnicity, or gender.
(e) Local educational agencies that screen pupils pursuant to this section shall ensure that, based on the responses of a home language survey administered upon a pupil’s enrollment, a pupil is screened within 30 days upon enrollment in a transitional kindergarten program.
(f) Results of the screening administered pursuant to this section shall not be used for any of the following:
(1) To identify a pupil as an English learner pursuant to Section 306.
(2) Any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or
talented education, reclassification of English learners, or identification as an individual with exceptional needs.
(g) (1) This section does not preclude a local educational agency from administering, based on the responses of a home language survey administered upon a pupil’s enrollment, the English language proficiency assessment pursuant to Sections 313 and 60810 to a pupil in kindergarten or any of grades 1 to 12, inclusive.
(2) This section does not change existing law that excludes a pupil enrolled in a transitional kindergarten program pursuant to Section 48000 from being administered an English language proficiency assessment pursuant to Section 313 or 60810.
(h) This section does not preclude an educator from providing language development support to pupils in transitional
kindergarten based on classroom observations and the educator’s interactions with a pupil.
(i) For purposes of this section, the following definitions apply:
(1) “English learner” has the same meaning as defined in subdivision (a) of Section 306.
(2) “Home language survey” means a survey administered at or before the time of a pupil’s initial enrollment to identify whether the primary or native language of a pupil is a language other than English and may be the same as the survey required pursuant to subdivision (a) of Section 11518.5 of Title 5 of the California Code of Regulations.
(3) “Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000.
(4) “Local educational agency” means a school district, county office of education, or charter school.
(5) “Multilingual learner” is a pupil enrolled in transitional kindergarten pursuant to Section 48000 who has a primary language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, and could benefit from support for their linguistic and developmental needs as determined by a screening instrument selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).
(j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (2) of subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included
within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.
(k) Notwithstanding any other law, this section shall not be waived by the state board pursuant to Section 33050 or by the Superintendent.
SEC. 43.
Section 48857 of the Education Code is amended to read:48857.
(a) Pursuant to funding appropriated in Item 6100-135-0890 of the Budget Act of(b) Pursuant to funding appropriated in Item 6100-136-0001 of the annual Budget Act, commencing in the 2025–26 fiscal year, the department shall allocate these funds to the technical assistance centers described in subdivision (a).
(b)
(c) A technical assistance center described in subdivision (a) shall prioritize providing regional support, resources, and expertise to homeless education liaisons to ensure that local educational agencies meet all of the requirements specified in Section 11432(g)(3) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), which include, but are not limited to, all of the following responsibilities:
(1) Creating, and facilitating the implementation of, training materials that outline the needs and challenges of, and barriers facing, homeless children and youths, unaccompanied youths, and their families.
(2) Disseminating and providing technical assistance in implementing best
practices, such as the scaling up of models of innovative practice, for small, midsize, and large counties to support the educational progress and academic outcomes of homeless children and youths and unaccompanied youths.
(3) Assisting counties and local educational agencies in the process of ensuring accuracy in the identification of homeless children and youths and unaccompanied youths in local pupil information systems and using this data to report educational outcomes for homeless children and youths and unaccompanied youths who receive support services.
(4) Fostering relationships between community partners and local educational agencies in each region, including providing professional development and coaching opportunities to homeless liaisons to build capacity locally.
(5) Assisting the county offices of
education homeless liaisons in providing targeted technical assistance to their local educational agencies that have been identified for technical assistance pursuant to Sections 47607.3, 52071, and 52071.5 for their homeless pupil group, which includes both of the following:
(A) Developing recommendations on optimizing existing funding streams to target and support homeless children and youth based on spending gaps between homeless children and youth and other high-need pupil subgroups, which includes additional funding intended for these pupils based on planned spending of local control funding formula allocations in local control and accountability plans.
(B) Assisting the county offices of education homeless liaisons in working collaboratively with their local educational agencies to utilize data reported through the California School Dashboard, on the department’s internet
website, and locally to assess outcomes and success of local educational agency homeless education programs, and providing guidance on implementing best practices, such as the scaling up of models of innovative practice, to improve academic and other performance outcomes for homeless children and youths.
(c)
(d) Technical assistance provided by a technical assistance center pursuant to this section shall be provided consistent with the statewide system of support established pursuant to Section 52059.5.
(d)
(e) Technical assistance centers shall report to the department detailing the allocation and utilization of funds, along with the impact of technical assistance center support on local educational agencies and homeless pupils.
(e)Technical assistance centers shall only be operative for the duration of the availability of funds from the American Rescue Plan Elementary and Secondary School Emergency Relief - Homeless Children and Youth Fund, established pursuant to Section 2001(b)(1) of the federal American Rescue Plan Act of 2021 (Public Law 117-2), estimated to end March 2026.
SEC. 44.
Section 49506.5 is added to the Education Code, to read:49506.5.
A school that participates in the National School Lunch Program or School Breakfast Program shall determine a pupil’s Summer Electronic Benefits Transfer (EBT) eligibility as follows:(a) For a school that also participates in a special assistance alternative, including the Community Eligibility Provision or Provision 2, for every school year in which annual determinations of eligibility for free and reduced-price school meals is not already required, through a Universal Benefits Application that meets all Summer EBT application and verification requirements established pursuant to Part 292 of Title 7 of the Code of Federal Regulations.
(b) For a school that does not participate in a special
assistance alternative, annually through a School Meals Application that meets all verification requirements established pursuant to Section 245.6 of Title 7 of the Code of Federal Regulations.
SEC. 45.
Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 560 of the Statutes of 2024, is amended to read:51225.3.
(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35.
(C) Two courses in science, including biological and physical sciences.
(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.
(E) One course in visual or performing arts, world language, or, commencing with the 2012–13 school year, career technical education.
(i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in world language.
(ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is
aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement.
(iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section.
(iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following:
(I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph.
(II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (l) of Section 48980.
(III) The distinction, if any, between the high school graduation requirements of the
school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California.
(F) Two courses in physical education, unless the pupil has been exempted pursuant to this code.
(G) (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a one-semester course in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies.
(ii) Subject to the course offerings of a local educational
agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses:
(I) A course based on the model curriculum developed pursuant to Section 51226.7.
(II) An existing ethnic studies course.
(III) An ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University.
(IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and
shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course.
(iii) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i).
(iv) A pupil completing a course described in clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards toward
satisfying a course required for a diploma of graduation from high school pursuant to this section.
(v) Curriculum, instruction, and instructional materials for a course described in clause (ii) shall meet all of the following requirements:
(I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
(II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220.
(III) Not teach or promote religious doctrine.
(vi) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough, deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination.
(vii) The amendments made to this section by Section 1 of Chapter 661 of the Statutes of 2021 shall not be construed to alter any other requirement of this section for pupils enrolled in a charter
school.
(H) (i) Commencing with pupils graduating in the 2030–31 school year, including for pupils enrolled in a charter school, a separate, stand-alone one-semester course in personal finance, that shall not be combined with any other course.
(ii) Commencing with pupils graduating in the 2030–31 school year, a local educational agency may exempt a pupil who completes a separate, stand-alone one-semester course in personal finance, that is not combined with any other course, may elect to be exempt from the requirement to complete a one-semester course in economics pursuant to subparagraph (D).
(iii) (I) A local educational agency may elect to eliminate one or more locally required courses established pursuant to paragraph (2) in order to accommodate the requirement that pupils, commencing with pupils graduating in the 2030–31 school year, complete a separate, stand-alone one-semester course in personal finance.
(II) This clause does not constitute a change in, but is declaratory of, existing law.
(iv) Commencing with the 2027–28 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer in all of its high schools at least a separate, stand-alone one-semester course in personal finance, that is not combined with any other course.
(v) To satisfy the requirement of this subparagraph, a
separate, stand-alone one-semester course in personal finance shall include information for pupils in grades 9 to 12, inclusive, on all of, and only, the topics listed in paragraphs (1) to (13), inclusive, of subdivision (a) of Section 51284.5.
(2) (A) Other coursework requirements adopted by the governing board of the school district.
(B) The governing board of a school district may, at its discretion, adopt a policy to exempt pupils from any coursework requirements adopted pursuant to subparagraph (A). It is the intent of the Legislature that the policy include a consultation with the pupil and the educational rights holder for the pupil regarding any impact of not fulfilling locally required coursework on the pupil’s ability to gain admission to an institution of higher education.
(C) This
paragraph does not affect a pupil’s rights pursuant to Section 51225.1 or 51225.31.
(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public.
(c) On or before July 1, 2017, the department shall submit a comprehensive report to the
appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information:
(1) A comparison of the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive.
(2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a).
(3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive.
(4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University.
(5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Model Curriculum Standards, and prepare pupils for employment, advanced training, and postsecondary education.
(6) The number of career technical education courses that
also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the world language requirement.
(7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive.
(d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section.
(e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform
advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils.
(f) The amendments made to this section by Section 1 of Chapter 661 of the Statutes of 2021 shall become operative only upon an appropriation of funds by the Legislature for purposes of these amendments in the annual Budget Act or another statute.
(g) This section shall become inoperative on the earlier of the following two dates:
(1) On July 1, immediately following the first fiscal year after the enactment of Chapter 621 of the Statutes of 2011 in which the number of career technical education courses that, as determined by the department, satisfy the world language requirement for admission to the California State University and the University of California is at least twice the number of career technical
education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the world language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses.
(2) On July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 46.
Section 51225.3 of the Education Code, as amended by Section 2 of Chapter 560 of the Statutes of 2024, is amended to read:51225.3.
(a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school:(1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified:
(A) Three courses in English.
(B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35.
(C) Two courses in science, including biological and physical sciences.
(D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics.
(E) One course in visual or performing arts or world language. For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in world language.
(F) Two courses in physical education, unless the pupil has been exempted pursuant to this code.
(G) (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a
one-semester course in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies.
(ii) Subject to the course offerings of a local educational agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses:
(I) A course based on the model curriculum developed pursuant to Section 51226.7.
(II) An existing ethnic studies course.
(III) An ethnic studies course taught as part of a course that has
been approved as meeting the A–G requirements of the University of California and the California State University.
(IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course.
(iii) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i).
(iv) A pupil completing a course described in
clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school pursuant to this section.
(v) Curriculum, instruction, and instructional materials for a course described in clause (ii) shall meet all of the following requirements:
(I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners.
(II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220.
(III) Not teach or promote religious doctrine.
(vi) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough, deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination.
(vii) The amendments made to this section by Section 2 of Chapter 661 of the Statutes
of 2021 shall not be construed to alter any other requirement of this section for pupils enrolled in a charter school.
(H) (i) Commencing with pupils graduating in the 2030–31 school year, including for pupils enrolled in a charter school, a separate, stand-alone one-semester course in personal finance, that shall not be combined with any other course.
(ii) Commencing with pupils graduating in the 2030–31 school year, a local educational agency may exempt a pupil who completes a separate, stand-alone one-semester course in personal finance, that is not combined with any other course, may elect to be exempt
from the requirement to complete a one-semester course in economics pursuant to subparagraph (D).
(iii) (I) A local educational agency may elect to eliminate one or more locally required courses established pursuant to paragraph (2) in order to accommodate the requirement that pupils, commencing with pupils graduating in the 2030–31 school year, complete a separate, stand-alone one-semester course in personal finance.
(II) This clause does not constitute a change in, but is declaratory of, existing law.
(iv) Commencing with the 2027–28 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer in all of its high schools at least a separate, stand-alone one-semester course in personal
finance, that is not combined with any other course.
(v) To satisfy the requirement of this subparagraph, a separate, stand-alone one-semester course in personal finance shall include information for pupils in grades 9 to 12, inclusive, on all of, and only, the topics listed in paragraphs (1) to (13), inclusive, of subdivision (a) of Section 51284.5.
(2) (A) Other coursework requirements adopted by the governing board of the school district.
(B) The governing board of a school district may, at its discretion, adopt a policy to exempt pupils from any coursework requirements adopted pursuant to subparagraph (A). It is the intent of the Legislature that the policy include a consultation with the pupil and the educational rights holder for the pupil regarding any impact of not fulfilling locally
required coursework on the pupil’s ability to gain admission to an institution of higher education.
(C) This paragraph does not affect a pupil’s rights pursuant to Section 51225.1 or 51225.31.
(b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and
the public.
(c) If a pupil completed a career technical education course that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as amended by Section 3 of Chapter 621 of the Statutes of 2011, before the inoperative date of that section, that course shall be deemed to fulfill the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of this section.
(d) The amendments made to this section by Section 2 of Chapter 661 of the Statutes of 2021 shall become operative only upon an appropriation of funds by the Legislature for purposes of these amendments in the annual Budget Act or another statute.
(e) This section shall become operative upon the date that Section 51225.3, as amended by Section 35 of Chapter 571 of the Statutes of 2022, becomes
inoperative.
SEC. 47.
Section 51284.5 of the Education Code is amended to read:51284.5.
Notwithstanding Section 51284, when the history-social science curriculum framework is revised after January 1, 2017, the Instructional Quality Commission shall consider including both of the following:(a) Age-appropriate information for grade spans, as listed in paragraphs (1) to (3), inclusive, of subdivision (b), on financial literacy that includes, but is not limited to, all of the following:
(1) Fundamentals of banking for personal use, including, but not limited to, savings and checking and managing to minimize fees.
(2) Principles of budgeting for independent living.
(3) Employment
and understanding factors that affect net income, including the topics described in subdivision (a) of Section 49110.5.
(4) Uses and effects of credit, including managing credit scores and the relation of debt and interest to credit.
(5) Uses and costs of loans, including student loans, as well as policies that provide student loan forgiveness.
(6) Types and costs of insurance, including home, auto, health, and life insurance.
(7) Impacts of the tax system, including its impact on personal income, the process to file taxes, and how to read tax forms and pay stubs.
(8) Principles of investing and building wealth, including investment alternatives to build financial security, including
tax-advantaged investments such as pensions and 401(k) plans, individual retirement accounts (IRAs), and stocks, bonds, mutual funds, and index funds.
(9) Enhancing consumer protection skills by raising awareness of common scams and frauds and preventing identity theft.
(10) Identifying means to finance college, workforce education, low-cost community college options, and other career technical educational pathways or apprenticeships. Financing options covered may include scholarships, merit aid, the California Kids Investment and Development Savings Program, as established in Article 19.5 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3, and student loans.
(11) Understanding how
psychology can impact one’s financial well-being.
(12) Charitable giving.
(13) Other topics that are directly and specifically relevant to personal finance.
(b) Age-appropriate content related to the topics listed in paragraphs (1) to (13), inclusive, of subdivision (a), at least twice in each of the following grade spans:
(1) Kindergarten and grades 1 to 5, inclusive.
(2) Grades 6 to 8, inclusive.
(3) Grades 9 to 12, inclusive.
SEC. 48.
Section 52064.5 of the Education Code is amended to read:52064.5.
(a) On or before October 1, 2016, the state board shall adopt evaluation rubrics for all of the following purposes:(1) To assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement.
(2) To assist a county superintendent of schools, the department, or a chartering authority in identifying school districts, county offices of education, and charter schools in need of technical assistance pursuant to Section 52071, 52071.5, or 47607.3, as applicable, and the specific priorities upon which the technical assistance should be focused.
(3) To assist
the Superintendent in identifying school districts and county offices of education for which intervention pursuant to Section 52072 or 52072.5, as applicable, is warranted.
(b) The evaluation rubrics shall reflect a holistic, multidimensional assessment of school district and individual schoolsite performance and shall include all of the state priorities described in subdivision (d) of Section 52060.
(c) As part of the evaluation rubrics, the state board shall adopt state and local indicators to measure school district and individual schoolsite performance in regard to each of the state priorities described in subdivision (d) of Section 52060. No later than January 31, 2021, local indicators shall reflect school-level data to the extent the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide.
(d) The state board may adopt alternate methods for calculating the state and local indicators described in subdivision (c) for alternative schools, as described in subdivision (d) of Section 52052, if appropriate to more fairly evaluate the performance of these schools or of a specific category of these schools. Alternate methods may include an individual pupil growth model.
(e) (1) As part of the evaluation rubrics, the state board shall adopt standards for school district and individual schoolsite performance and expectations for improvement in regard to each of the state priorities described in subdivision (d) of Section 52060. The standards shall be based on the state and local indicators specified in subdivision (c).
(2) (A) No later than January 31, 2020, the standards
for local indicators shall, at a minimum, ensure that the governing board of a school district, the county board of education, and the governing body of a charter school review any data to be publicly reported for the local indicators in conjunction with the adoption of a local control and accountability plan pursuant to Section 52062, 52068, or 47606.5, as applicable. No later than January 31, 2021, the standards for local indicators for which the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide shall, to the extent practicable, be based on objective criteria, which may include, but are not necessarily limited to, the extent of any disparities across schoolsites within a school district or county office of education or performance relative to statewide data.
(B) If the governing board of a school district, the county board of education, or the governing body of a charter school is
unable to review any data required pursuant to subparagraph (A) due to any of the events described in subdivision (a) of Section 46392, the local indicator data shall be reviewed at the next meeting of the governing board or body and a resolution shall be adopted and submitted to the department with the following information:
(i) A description of the emergency event.
(ii) The date on which the local indicator data was reviewed.
(f) (1) The department, in collaboration with, and subject to the approval of, the executive director of the state board, shall develop and maintain the California School Dashboard, a web-based system for publicly reporting performance data on the state and local indicators included in the evaluation rubrics.
(2) The public reporting of performance data on state and local indicators via the web-based system shall be completed on or before the following dates for the prior school year:
(A) December 15, 2023.
(B) December 1, 2024.
(C) November 15, 2025.
(D) October 15, 2026, and October 15 of each year thereafter.
(3) Timelines associated with the collection of data through the California Longitudinal Pupil Achievement Data System pursuant to Section 60900 shall be adjusted to support the public reporting dates in paragraph (2).
(g) (1) As part of the evaluation rubrics, the state board shall adopt performance criteria for local educational agency assistance and intervention pursuant to Sections 47607.3, 52071, 52071.5, 52072, and 52072.5. The criteria shall be based on performance by pupil subgroups either across two or more of the state and local indicators specified in subdivision (c) or across two or more of the state priorities described in subdivision (d) of Section 52060 and subdivision (d) of Section 52066.
(2) No later than July 15, 2026, the state board shall update the performance criteria, taking into consideration the findings and recommendations from the state-funded evaluation of the state’s differentiated assistance system and its implementation, pursuant to Section 127 of Chapter 44 of the Statutes of 2021, as amended by Section 37 of
Chapter 252 of the Statutes of 2021, and the need to appropriately focus resources and supports where the demonstrated needs are greatest.
SEC. 49.
Section 52065.1 is added to the Education Code, to read:52065.1.
(a) (1) If a local educational agency is identified pursuant to the audit described in Section 41020 as not having adopted a local control and accountability plan by July 1, as required pursuant to Section 47606.5, 52060, or 52066, as applicable, or as not having adopted an annual update to a local control and accountability plan by July 1, as required pursuant to Section 47606.5, 52060, or 52066, as applicable, the local educational agency shall be assessed a financial penalty equal to 20 percent of the local educational agency’s second principal apportionment local control funding formula entitlement pursuant to Section 2574, 2575, or 42238.02, as applicable.(2) For each additional business day that the local
educational agency does not adopt a local control and accountability plan or an annual update to a local control and accountability, the penalty described in paragraph (1) shall be increased by 1 percent of the local educational agency’s second principal apportionment local control funding formula entitlement pursuant to Section 2574, 2575, or 42238.02, as applicable, but shall not exceed a total of 80 percent of the second principal apportionment.
(b) A financial penalty applied pursuant to subdivision (a) shall (1) be a reduction to the principal apportionment made to the local educational agency for the applicable fiscal year pursuant to Section 41330, 41332, or 41335, as applicable, (2) not reduce the final apportionment below the amount necessary to meet the requirements of Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution, and (3) be
modified, as applicable, if the delay is due to any of the events described in subdivision (a) of Section 46392.
(c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
SEC. 50.
Section 52073.4 is added to the Education Code, to read:52073.4.
(a) (1) Contingent upon federal English Language Acquisition, Language Enhancement, and Academic Achievement Act (20 U.S.C. 6811 et seq.) funds appropriated in Item 6100-125-0890 of the Budget Act of 2025 for the support of regional English learner lead agencies not being available due to a reduction in California’s receipt of federal funds, for the 2025–26 fiscal year, the sum of two million dollars ($2,000,000) shall be appropriated from the General Fund to the Superintendent to award to county offices of education serving as regional English learner lead agencies consistent with this section.(2) Commencing with the 2026–27 fiscal year, the sum of two million dollars ($2,000,000) shall be annually appropriated each
fiscal year from the General Fund to the Superintendent to award to county offices of education serving as regional English learner lead agencies consistent with this section.
(b) For the 2025–26 fiscal year, the department shall allocate the funds appropriated pursuant to subdivision (a) to the 11 county offices of education serving as regional county office of education English learner specialists, pursuant to Provision 2 of Item 6100-125-0890 of the Budget Act of 2024, to provide technical assistance to local educational agencies on state and federal programs, and recommendations for best practices, instructional strategies, and improvement in English language proficiency and state academic standards. The department shall assess the performance of the county offices of education in performing the duties specified according to the metrics approved by the executive director of the state board pursuant to Provision 2 of Item 6100-125-0890 of
the Budget Act of 2023, to the extent practicable, and provide a final report to the Department of Finance and the executive director of the state board on the regional county offices of education’s performance on these metrics no later than December 30, 2026.
(c) (1) On or before July 1, 2026, the department shall select, in consultation with and subject to approval by the executive director of the state board, county offices of education to serve as regional English learner lead agencies to conduct the activities required pursuant to subdivision (d).
(2) The process to select regional English learner lead agencies shall ensure that no fewer than five and no more than seven regional English learner lead agencies are selected in a manner to ensure statewide coverage. Regional English learner lead agencies shall be selected for a term not to exceed four
years.
(3) The process to select regional English learner lead agencies shall, at a minimum, specify that a county office of education applying to be a regional English learner lead agency demonstrate all of the following:
(A) Appropriate expertise of the California English Learner Roadmap State Board of Education Policy: Educational Programs and Services for English Learners (EL Roadmap Policy), adopted by the state board on July 12, 2017.
(B) Ability to build the capacity of county offices of education within a defined region to provide effective assistance and support to school districts and charter schools around high-quality, comprehensive English language development instruction.
(C) Demonstrated capacity to provide technical assistance and
resources to school districts and charter schools that support the development, implementation, and evaluation of effective English learner instructional programs.
(D) Capacity and willingness to provide necessary assistance and support to other county offices of education.
(E) Ability to coordinate and calibrate assistance and support provided to local educational agencies within a defined region and with other regional English learner lead agencies, Literacy Lead Agencies, and the department.
(F) Willingness and ability to establish outcome measures and high-leverage strategies, monitor progress, and be held accountable for improved performance across multiple measures within a defined region.
(4) Priority consideration to serve as a regional English
learner lead agency shall be given to a county office of education with experience providing technical assistance to local educational agencies on state and federal requirements related to English learners pursuant to Provision 2 of Item 6100-125-0890 of the Budget Act of 2024.
(d) A regional English learner lead agency shall have all of the following responsibilities:
(1) Assist in building the capacity of county offices of education within the regional English learner lead agency’s defined region to provide technical assistance to support the development, implementation, and evaluation of effective English learner instructional programs.
(2) Coordinate and calibrate assistance and support provided to local educational agencies within its defined region and with other regional English learner lead agencies,
geographic lead agencies identified pursuant to Section 52073, expert lead agencies identified pursuant to Section 52073.1, special education resource leads identified pursuant to Section 52073.2, literacy leads in the Statewide Literacy Network pursuant to Section 90 of the act that added this section, the California Collaborative for Educational Excellence, and the department. This shall include coordinating and calibrating assistance provided to school districts and charter schools receiving technical assistance pursuant to subdivision (c) of Section 52071 and subdivision (a) of Section 47607.3, based on performance on the state and local indicators included in the California School Dashboard pursuant to Section 52064.5 of English learners and long-term English learners as defined in Section 52052.
(3) Coordinate and collaborate with other regional English learner lead agencies to provide support around high-quality English language
development instruction across regions.
(4) Identify existing resources, professional development activities, and other efforts currently available within its designated region to assist local educational agencies in building effective English language acquisition programs and share information about these existing resources.
(5) In alignment with Section 361, work to incorporate the EL Roadmap Policy meaningfully within the statewide system of support established pursuant to Section 52059.5.
(6) Upon request by the department, develop new resources and activities that are designed to build capacity within local educational agencies to support the outcomes of English learner pupils, including long-term English learners.
(7) Participate in the Statewide
Literacy Network activities to convene literacy leads to support statewide implementation of evidence-based practices aligned to the English Language Arts/English Language Development Framework adopted by the State Board of Education pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction.
(8) Other duties as specified by the department.
(e) The department shall assist the regional English learner lead agencies in fulfilling the responsibilities described in subdivision (d).
(f) (1) At the conclusion of the term for each selected regional English learner lead agency, the department, subject to approval by the executive director of the state board, may renew the selection of the existing regional English learner lead
agency or reopen the selection of a regional English learner lead agency in a manner consistent with subdivision (c).
(2) Before renewing the selection of an existing regional English learner lead agency, the department shall determine that the regional English learner lead agency has been successful in doing both of the following:
(A) Meeting the outcome measures established pursuant to subparagraph (F) of paragraph (3) of subdivision (c).
(B) Fulfilling the responsibilities described in subdivision (d), including, but not limited to, progress in supporting school districts and charter schools and building the capacity of county offices of education within the regional English learner lead agency’s defined region, as demonstrated by trends within the regional English learner lead agency’s defined region in the
number of school districts and charter schools receiving technical assistance pursuant to subdivision (c) of Section 52071 and subdivision (a) of Section 47607.3, and the number of school districts and charter schools that stopped receiving technical assistance pursuant to subdivision (c) of Section 52071 and subdivision (a) of Section 47607.3 due to improved performance on the state and local indicators developed for the California School Dashboard pursuant to Section 52064.5 of English learners and long-term English learners as defined in Section 52052.
(3) As part of the request for renewal, an existing regional English learner lead agency shall provide a description of efforts the regional English learner lead agency has made to fulfill the responsibilities described in subdivision (d).
(g) For purposes of making the computations required by Section 8 of Article XVI of the
California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated.
SEC. 51.
Section 53009 is added to the Education Code, immediately following Section 53008, to read:53009.
(a) The sum of two hundred fifteen million dollars ($215,000,000) is hereby appropriated from the General Fund to the Superintendent to augment the Literacy Coaches and Reading Specialists Grant Program established in Section 137 of Chapter 52 of the Statutes of 2022, as amended by Sections 104 and 115 of Chapter 48 of the Statutes of 2023. Funds appropriated for this purpose are available for encumbrance through June 30, 2029.(b) (1) Of the amount appropriated in subdivision (a), two hundred million dollars ($200,000,000) shall be allocated by the Superintendent to local educational agencies for eligible schoolsites to develop school literacy programs, including dual language immersion and other programs for
multilingual learners, employ and develop literacy coaches and specialists, and develop and implement interventions for pupils in need of targeted literacy support, including English learners. A local educational agency may opt not to participate in the program pursuant to this subdivision by informing the department, by September 30, 2025, using a form provided by the department, of the local educational agency’s intent to decline program funds for their eligible schoolsites and the local educational agency. A local educational agency that receives funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program.
(2) The department shall allocate funding under paragraph (1) based on an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, except that no local educational agency shall receive less than four hundred fifty
thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2024–25 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority.
(3) A local educational agency receiving grant funding pursuant to this subdivision is encouraged to use these funds over the full grant period, through June 30, 2029.
(4) On or before June 30, 2027, and June 30, 2029, respectively, a recipient local educational agency shall submit an interim and final report to the department detailing how it used funds awarded pursuant to this subdivision using a reporting template developed by the department for the purposes of this requirement. Specifically for literacy, the
report shall include all of the following:
(A) How funds were used to employ literacy coaches and specialists for its eligible schoolsites.
(B) How funds were used to develop, improve, and expand upon school literacy programs, including English Language Development and dual language immersion programs, and other programs for multilingual learners.
(C) How expenditures impacted pupils’ literacy achievement, including achievement of high need pupil groups.
(D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy and bilingual specialists past the award period.
(E) Other metrics as determined by the department.
(5) For purposes of this subdivision, the following definitions apply:
(A) “Eligible schoolsite” means a schoolsite with an unduplicated pupil percentage of 94 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2024–25 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System that did not receive funding pursuant to Section 137 of Chapter 52 of the Statutes of 2022, as amended by Section 104 of Chapter 48 of the Statutes of 2023, or Section 115 of Chapter 48 of the Statutes of 2023. The unduplicated pupil percentage for a schoolsite shall be calculated by dividing the sum of the number of unduplicated pupils, as defined in Section 42238.02, by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive.
(B) “Local educational agency” means a school district, county office of education, or charter school.
(C) “School literacy program” means a program that includes all of the following:
(i) A school literacy plan that includes goals and actions to improve literacy acquisition for all pupils, including those needing targeted literacy support, in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress towards the goals and actions.
(ii) At least one literacy coach or specialist per schoolsite to support educators and pupils in improving literacy instruction and pupil outcomes. The literacy coach or specialist may serve educators and pupils schoolwide, beyond grade 3.
(iii) Increased access to evidence-based literacy instruction, through strategies, including, but not limited to, any of the following:
(I) Providing professional learning for educators and school leaders regarding implementation of the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction. This may include supporting educators in obtaining Reading and Literacy Leadership Specialist Credentials, Reading and Literacy Added Authorizations, and Bilingual Specialist Authorizations.
(II) Providing English language development and bilingual education specialists to support language development for multilingual learners.
(III) Providing
professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils.
(IV) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following:
(ia) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members.
(ib) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. A local educational agency may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals.
(ic) Extended-day, summer, or weekend family institutes
related to literacy and biliteracy. A local educational agency shall be encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours.
(id) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy.
(D) “Schoolsite” means an elementary school operated by a local educational agency.
(c) (1) Of the amount appropriated in subdivision (a), fifteen million dollars ($15,000,000) shall be available for the Superintendent, subject to the approval of the executive director of the state board, to select a county office of education or a consortium of county offices of education with expertise in both literacy
instruction and multilingual education, through a competitive process, to provide training for educators to become literacy coaches and provide credentialing opportunities for educators to become reading and literacy and bilingual specialists, working with professional development providers, including, but not limited to, the California Reading and Literature Project, the California Writing Project, and other experts specializing in multilingual education. The Superintendent shall prioritize applicants with demonstrated success in improving literacy instruction and outcomes through dual language immersion and other programs for multilingual learners, through professional development based on the English Language Arts/English Language Development Framework adopted by the state board pursuant to Section 60207, the English Learner Roadmap adopted by the state board, and the Literacy Roadmap, especially for English learners and other high-need pupil groups and for those planning on partnering with institutions
of higher education with demonstrated success in providing statewide professional development for expert literacy practice for multilingual learners.
(2) The selected county office of education or a consortium of county offices of education shall do all of the following:
(A) Consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision.
(B) Offer professional learning to educators at schoolsites funded pursuant to subdivision (b) and, as capacity allows, to other schoolsites.
(C) Provide funding for participating educators to pursue a Reading and Literacy Added Authorization, a Reading and Literacy Leadership
Credential, a Bilingual Specialist Authorization, or any combination of those.
(3) Resources and training for literacy developed pursuant to this subdivision shall be coordinated with other state- and federally funded literacy initiatives to reduce duplication of effort and provide coordinated, streamlined access to literacy professional development and resources for educators and school leaders that are aligned with the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction.
(4) Of the amount made available to the Superintendent pursuant to paragraph (1), one million dollars ($1,000,000) shall be available to the selected county office of education or consortium of county offices of education to contract
for an independent evaluation of their training and dissemination of literacy coaches and specialists under this subdivision.
(d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated from the General Fund in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year.
SEC. 52.
Section 56836.168 of the Education Code is amended to read:56836.168.
(a) For the 2021–22 fiscal year and each fiscal year thereafter, the Superintendent shall calculate for each special education local plan area an amount based on the sum of all of the following amounts:(1) (A) The amount of funding generated by all foster youth. This amount shall be calculated as the sum of cumulative enrollment for foster youth 3 to 21 years of age, inclusive, as defined in subdivision (b) of Section 42238.01, multiplied by the rate described in subparagraph (B). Cumulative enrollment shall be calculated at the local educational agency reporting level and use data produced by the California Longitudinal Pupil Achievement Data System pursuant to Section 60900. For purposes of this subparagraph, “local educational
agency” means a school district, county office of education, or charter school.
(B) For the 2021–22 fiscal year, the rate shall be one thousand five hundred nine dollars ($1,509). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142.
(2) (A) The (i) For the 2021–22 to 2023–24 fiscal years, inclusive, the amount of funding generated by short-term residential therapeutic program placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs
located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs that open or close in the middle of a fiscal year, multiplied by the rate described in subparagraph (B).
(ii) For the 2024–25 fiscal year, and each fiscal year thereafter, the amount of funding generated by short-term residential therapeutic program placements and community treatment facility placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs and community treatment facilities located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs and community treatment facilities that open or close in the middle of a fiscal year,
multiplied by the rate described in subparagraph (B).
(B) For the 2021–22 fiscal year, the rate shall be fourteen thousand six hundred three dollars ($14,603). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142.
(3) The amount of funding generated by children and youth placed by the State Department of Developmental Services, calculated as follows:
(A) For the 2021–22 fiscal year, the sum of all of the following amounts:
(i) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care
facilities licensed by the State Department of Social Services multiplied by a rate of three thousand three hundred fifty-eight dollars ($3,358).
(ii) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in intermediate care facilities licensed by the State Department of Health Care Services multiplied by a rate of twelve thousand six hundred sixty-eight dollars ($12,668).
(iii) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities licensed by the State Department of Health Care Services multiplied by a rate of twenty-six thousand eight hundred seventy-four dollars ($26,874).
(B) For each fiscal year following the
2021–22 fiscal year, the sum of the amounts described in clauses (i) to (iii), inclusive, of subparagraph (A), except that the rates used to calculate those amounts shall be the rates calculated for the prior fiscal year, adjusted each year by the inflation factor described in Section 56836.142.
(b) For each charter school deemed a local educational agency for purposes of special education, only an amount equal to the amount computed pursuant to paragraph (1) of subdivision (a) shall be apportioned by the Superintendent.
(c) For each fiscal year, the State Department of Social Services and the State Department of Developmental Services shall provide the department with the appropriate data identified in subdivision (a), as follows:
(1) The average daily population for foster youth 3 to 21 years of age, inclusive, at
short-term residential therapeutic programs. programs and community treatment facilities.
(2) The number on April 1 of children and youth (A) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities and intermediate care facilities licensed by the State Department of Health Care Services, and (B) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services.
(d) In determining the amount of the first and second principal apportionment for a fiscal year pursuant to Section 41332, the
Superintendent shall continue to apportion funds from Section A of the State School Fund to each special education local plan area based on the amount apportioned in the prior fiscal year.
(e) For purposes of this section, the following definitions apply:
(1) “Community treatment facility” has the same meaning as defined in Section 1502 of the Health and Safety Code.
(1)
(2) “Foster youth” has the same meaning as defined in Section 42238.01.
(2)
(3) “Short-term residential therapeutic program” has the same meaning as defined in Section 11400 of the Welfare and Institutions Code or Section 1502 of the Health and Safety Code.
SEC. 53.
Section 60151 of the Education Code is amended to read:60151.
(a) If the Superintendent determines, pursuant to a complaint filed with the Superintendent directly or an appeal of a local educational agency decision regarding a complaint, that a local educational agency violated subdivision (a) of Section 244, the department shall notify the local educational agency that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance.(b) A local educational agency that the Superintendent determines violated subdivision (a) of Section 244 shall be assessed a financial penalty against its local control funding formula allocation pursuant to Section 42238.02 or Section 42238.03, as applicable.
total principal apportionment funding for the applicable fiscal year made to the local educational agency pursuant to Sections 41330, 41332, and 41335, as applicable. The amount withheld shall not exceed the local educational agency’s total expenditures on the textbooks, instructional materials, supplemental instructional materials, or curriculum found to violate subdivision (a) of Section 244. A reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of both Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution.
SEC. 54.
Section 66032.2 of the Education Code is amended to read:66032.2.
(a) The California Center for Inclusive College is hereby established and shall be administered by the county office of education or county offices of education selected pursuant to subdivision (b), working in partnership with(b) Commencing with the 2024–25 fiscal year, the sum of two million dollars
($2,000,000) shall be annually appropriated each fiscal year from the General Fund to the Superintendent to, in consultation with the executive director of the State Board of Education, allocate to a
one or more county office offices of education selected to administer the center consistent with this section.
(c) The responsibilities of the center shall include, but are not limited to, all of the following:
(1) Assisting California inclusive college programs in aligning with the federal requirements, standards, and quality indicators identified by the National Center for Information and Technical Support for Postsecondary Students with Disabilities and the coordinating center described in 20 U.S.C. Sec. 1140q(b),
Section 1140q(b) of Title 20 of the United States Code, pursuant to 20 U.S.C. Sec. 1140q. Section 1140q of Title 20 of the United States Code.
(2) Assisting California inclusive college programs with the development and submission of federal comprehensive transition and postsecondary program applications.
(3) Facilitating collaboration between local educational agencies, regional centers, local Department of Rehabilitation field offices, and inclusive college programs to support students with intellectual disabilities and their parents,
families, and supporters to plan for postsecondary transition.
(4) Assisting public postsecondary educational institutions and inclusive college programs with the identification of potential funding sources to establish, sustain, or expand upon inclusive college programs, including student financial assistance opportunities.
(5) Supporting inclusive college programs with guidance and assistance when applying for potential funding sources and student financial assistance opportunities.
(6) Holding meetings and annual workshops to share best practices and provide technical assistance on developing and establishing an inclusive college program, including opportunities to transition two-year programs to four-year programs and to incorporate a residential living component.
(7) Disseminating to local educational agencies, local Department of Rehabilitation field offices, and regional centers information about, but not limited to, all of the following:
(A) Education programs, services, and resources that are available at inclusive college programs.
(B) Supports, accommodations, technical assistance, and training provided by inclusive college programs.
(C) Mentoring, networking, and employment opportunities available at inclusive college programs.
(8) Meeting regularly with interested parties, including, but not limited to, people with intellectual disabilities and their parents, families, and supporters; staff of the State Department of Education, the State Board of
Education, the State Department of Developmental Services, the Department of Rehabilitation, and the State Council on Developmental Disabilities; and public postsecondary educational institutions, with the goal of providing continuous improvement to the delivery of inclusive college programs to students with intellectual disabilities, by doing both of the following:
(A) Identifying federal grant funding opportunities for state agencies and assisting inclusive college programs in investigating options for long-term programmatic and fiscal sustainability.
(B) Sharing best practices, barriers, and challenges to establishing or expanding inclusive college programs.
(d) (1) For the 2024–25 fiscal year, of the amount appropriated pursuant to subdivision (b), up to five hundred thousand dollars
($500,000) shall be available for the center to convene an advisory workgroup consisting of representatives from at least two, but not more than five,
six, existing inclusive college programs throughout the state to consult with the center and to do all of the following:
(A) Collect and share best practices for inclusive college programs.
(B) Advise and assist the center in determining areas of greatest need for technical assistance for inclusive college programs.
(C) Support the center in exploring methods of capacity building to strengthen existing inclusive college programs.
(2) Each inclusive college program with representatives in the advisory workgroup shall be reimbursed for any actual and necessary expenses incurred in connection with their participation in the advisory workgroup, in an amount not to exceed one hundred thousand dollars ($100,000) for
each inclusive college program.
(e) To the extent practicable, the center shall leverage resources from the National Center for Information and Technical Support for Postsecondary Students with Disabilities and the coordinating center described in 20 U.S.C. Sec. 1140q(b), Section 1140q(b) of Title 20 of the United States Code, pursuant to 20 U.S.C. Sec. 1140q, Section 1140q of Title 20 of the United States Code, for best practices, frameworks, and effective implementation of programs for students with disabilities, including long-term planning to increase inclusive
college programs.
(f) Beginning in the 2025–26 fiscal year, and annually thereafter, on or before March 1 each fiscal year, the center shall provide to the Governor, the Legislature, and the Department of Finance a report regarding the implementation of this section; relevant data, including, but not limited to, student activities and demographic information, to the extent feasible and meaningful to measure access, equity, and outcomes; and recommendations to expand evolving best practices.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school
districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated.
SEC. 55.
Section 17581.6 of the Government Code is amended to read:17581.6.
(a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (f).(b) Any school district, county office of education, or charter school may elect to receive block grant funding pursuant to this section.
(c) (1) (A) A school district, county office of education, or charter school that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the
Superintendent of Public Instruction on or before August 30 of that fiscal year.
(B) A charter school regarded as a continuing charter school pursuant to subparagraph (E) of paragraph (5) of subdivision (a) of Section 47605 of the Education Code, subparagraph (B) of paragraph (5) of subdivision (c) of Section 47605.1 of the Education Code, subdivision (d) of Section 47605.9 of the Education Code, or paragraph (3) of subdivision (b) of Section 47612.7 of the Education Code, shall do all of the following in the first year the charter school is affected by an action to restructure:
(i) Provide timely notification to the Superintendent of Public Instruction pursuant to Section 47653 of the Education Code.
(ii) Submit a letter requesting funding on or before August 30 of the fiscal year for which funding is requested
pursuant to subparagraph (A) or 30 days after the charter school is assigned a number by the State Board of Education pursuant to Section 47602 of the Education Code, whichever is later.
(iii) As applicable, provide to the Superintendent of Public Instruction the prior year average daily attendance attributable to each restructured charter school to be used in the calculation of funding. The charter school shall provide data in a format prescribed by the Superintendent of Public Instruction. The total average daily attendance attributable to the restructured charter school or schools pursuant to this clause shall not exceed the total prior year average daily attendance of the original charter school. The definitions in Section 47654 of the Education Code apply for purposes of this subparagraph.
(2) (A) The Superintendent of Public Instruction shall, in the
month of November of each year, apportion block grant funding appropriated pursuant to Item 6100-296-0001 of Section 2.00 of the annual Budget Act to all school districts, county offices of education, and charter schools that submitted letters requesting funding in that fiscal year according to the provisions of that item, except as provided in subparagraph (B).
(B) In the first year that a charter school is affected by an action to restructure pursuant to Section 47654 of the Education Code, the Superintendent of Public Instruction may apportion funds after November of that fiscal year to a charter school that is eligible for funding pursuant to subparagraph (B) of paragraph (1) and that has submitted a letter requesting funding after August 30 of that fiscal year.
(3) A school district or county office of education that receives block grant funding pursuant to this section shall
not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (f) incurred in the same fiscal year during which the school district or county office of education received funding pursuant to this section.
(d) Commencing with the 2017–18 fiscal year, the per unit average daily attendance funding rates specified in the provisions of Item 6100-296-0001 of the annual Budget Act shall be adjusted annually by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding
fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance.
(e) Block grant funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 41020 of the Education Code.
(f) Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs and activities:
(1) Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(2) AIDS Instruction and AIDS Prevention
Instruction (CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and Chapter 403 of the Statutes of 1998).
(3) Cal Grant: Opt-Out Notice and Grade Point Average Submission (16-TC-02; Chapter 679 of the Statutes of 2014 and Chapter 82 of the Statutes of 2016).
(4) California Assessment of Student Performance and Progress (CAASPP) (14-TC-01 and 14-TC-04; Chapter 489 of the Statutes of 2013; and Chapter 32 of the Statutes of 2014).
(5) California State Teachers’ Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(6) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of 1994).
(7) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(8) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of 2002).
(9) Child Abuse and Neglect Reporting (01-TC-21; Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754 of the Statutes of 2001).
(10) Collective Bargaining (CSM
4425; Chapter 961 of the Statutes of 1975).
(11) Comprehensive School Safety Plans (98-TC-01 and 99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(12) Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the
Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the Statutes of 1999, First Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).
(13) Consolidation of Law Enforcement Agency Notification and Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter 832 of the Statutes of 1999).
(14) Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(15) Consolidated Suspensions, Expulsions, and Expulsion Appeals (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09;
Chapters 972 and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 489 of the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001) (CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes of 1994) (CSM 4456; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987) (CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter
965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
(16) County Office of Education Fiscal Accountability Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(17) Criminal Background Checks (97-TC-16; Chapters 588 and 589 of the Statutes of 1997).
(18) Criminal Background Checks II (00-TC-05; Chapters 594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(19) Developer
Fees (02-TC-42; Chapter 955 of the Statutes of 1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the Statutes of 1994).
(20) Differential Pay and Reemployment (99-TC-02; Chapter 30 of the Statutes of 1998).
(21) Expulsion of Pupil: Transcript Cost for Appeals (SMAS; Chapter 1253 of the Statutes of 1975).
(22) Financial and Compliance Audits (CSM 4498 and CSM 4498-A; Chapter 36 of the Statutes of 1977).
(23) Free Application for Federal Student Aid (22-TC-05; Chapter 144 of the Statutes of 2021).
(23)
(24) Graduation Requirements (CSM 4181; Chapter 498 of the Statutes of 1983).
(24)
(25) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of the Statutes of 1975).
(25)
(26) Immunization Records (SB 90-120; Chapter 1176 of the Statutes of 1977).
(26)
(27) Immunization Records—Mumps, Rubella, and Hepatitis B (98-TC-05; 14-MR-04; Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882 of the Statutes of
1997; and Chapter 434 of the Statutes of 2010).
(27)
(28) Immunization Records—Pertussis (11-TC-02; Chapter 434 of the Statutes of 2010).
(28)
(29) Interdistrict Attendance Permits (CSM 4442; Chapters 172 and 742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes
of 1992).
(29)
(30) Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of the Statutes of 1993).
(30)
(31) Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and Chapter 71 of the Statutes of 1995).
(31)
(32) Notification of Truancy (CSM 4133; Chapter 498 of the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter 19 of the Statutes of 1995).
(32)
(33) Parental Involvement Programs (03-TC-16; Chapter 1400 of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and Chapter 1037 of the Statutes of 2002).
(33)
(34) Physical Performance Tests (96-365-01; Chapter 975 of the Statutes of 1995).
(34)
(35) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978).
(35)
(36) Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994).
(36)
(37) Public School Restrooms: Feminine Hygiene Products (18-TC-01; Chapter 687 of the Statutes of 2017).
(37)
(38) Pupil Health Screenings (CSM 4440; Chapter 1208 of the Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter 750 of the Statutes of 1992).
(38)
(39) Pupil Promotion and Retention (98-TC-19; Chapter 100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and Chapters 742 and 743 of the Statutes of 1998).
(39)
(40) Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(40)
(41) Race to the Top (10-TC-06; Chapters 2 and 3 of the Statutes of 2009).
(41)
(42) School Accountability Report Cards (97-TC-21, 00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(42)
(43) School District Fiscal Accountability Reporting (97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and
1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(43)
(44) School District Reorganization (98-TC-24; Chapter 1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(44)
(45) Student Records (02-TC-34; Chapter 593 of the Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(45)
(46) The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(46)
(47) Threats Against Peace
Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(47)
(48) Training for School Employee Mandated Reporters (14-TC-02; Chapter 797 of the Statutes of 2014).
(48)
(49) Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the Statutes of 1982; Chapter 1514 of the Statutes of 1988; and
Chapter 914 of the Statutes of 1998).
(49)
(50) Williams Case Implementation I, II, and III (05-TC-04, 07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).
(g) Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Superintendent of Public Instruction shall produce a report that indicates the total amount of block grant funding each school district, county office of education, and charter school received in that fiscal year pursuant to this
section. Funding apportioned pursuant to subparagraph (B) of paragraph (2) of subdivision (c) shall be excluded from this reporting requirement. The Superintendent of Public Instruction shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analyst’s Office.
SEC. 56.
Section 66007 of the Government Code is amended to read:66007.
(a) Except as otherwise provided in subdivisions (b) and (h), any local agency that imposes any fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. However, utility service fees related to connections may be collected at the time an application for service is received, provided that those fees do not exceed the costs incurred by the utility provider resulting from the connection activities. If the residential development contains more than one dwelling, the local agency may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first.(b) (1) Notwithstanding subdivision (a), the local agency may require the payment of those fees or charges at an earlier time if (A) the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan before final inspection or issuance of the certificate of occupancy or (B) the fees or charges are to reimburse the local agency for expenditures
previously made. “Appropriated,” as used in this subdivision, means authorization by the governing body of the local agency for which the fee is collected to make expenditures and incur obligations for specific purposes.
(2) (A) Paragraph (1) does not apply to units reserved for occupancy by lower income households included in a residential development proposed by a housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code. In addition to the contract that may be required under subdivision (d), a city, county, or city and county may require the posting of a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of any fees or charges that are subject to this
paragraph. Fees and charges exempted from paragraph (1) under this paragraph shall become immediately due and payable when the residential development no longer meets the requirements of this paragraph.
(B) The exception provided in subparagraph (A) does not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code.
(c) All of the following apply to designated residential development projects:
(1) If a local agency imposes any fees or charges on the residential development for the construction of public improvements or facilities, then all of the following conditions apply:
(A) (i) Notwithstanding any other law, the local agency shall not
require the payment of those fees or charges until the date the first certificate of occupancy or first temporary certificate of occupancy is issued, whichever occurs first.
(ii) Notwithstanding clause (i), utility service fees related to connections may be collected at the time an application for service is received, provided that those fees do not exceed the costs incurred by the utility provider resulting from the connection activities.
(iii) Clause (i) shall not apply if construction of the residential development does not begin within five years of the date upon which the building permit is issued.
(B) The amount of the fees and charges shall be the same amount as would have been paid had the fees and charges been paid prior to the issuance of building permits, and the local agency shall not charge interest or
other fees on any amount deferred pursuant to this paragraph.
(C) If the development contains more than one dwelling, the local agency may determine whether the fees or charges described shall be paid on a pro rata basis for each dwelling when it receives its certificate of occupancy, on a pro rata basis when a certain percentage of the dwellings have received their certificate of occupancy, or on a lump-sum basis when all the dwellings in the development receive their certificate of occupancy.
(D) Notwithstanding any other law, the local agency may withhold a certificate of occupancy or a temporary certificate of occupancy until payment of those fees or charges is received.
(2) (A) Notwithstanding paragraph (1), the local agency may require the payment of those fees or charges at an earlier
time if either of the following conditions is met:
(i) The fees or charges are to reimburse the local agency for expenditures previously made to the extent those expenditures have not been paid or reimbursed by another party.
(ii) The local agency determines both of the following:
(I) The fees or charges will be collected for any of the following public improvements or facilities:
(ia) Public improvements or facilities related to providing water service to the residential development.
(ib) Public improvements or facilities related to providing sewer or wastewater service to the residential development.
(ic) Public
improvements or facilities related to providing fire, public safety, and emergency services to the residential development.
(id) Roads, sidewalks, or other public improvements or facilities for the transportation of people that serve the development, including the acquisition of all property, easements, and rights-of-way that may be required to carry out the improvements or facilities.
(ie) Construction and rehabilitation of school facilities, if a school district has a five-year plan pursuant to subdivision (c) of Section 17017.5 of Education Code.
the school district governing board has approved a five-year school facilities master plan pursuant to subdivision (a) of Section 17070.54 of the Education Code. For purposes of this section, if the school district does not intend to participate in the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code, the school district is not required to submit the five-year school facilities master plan to the Department of General Services and the five-year school facilities master plan is not required to include information specific to the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code.
(II) An account has been established and funds appropriated for the public improvements or facilities described in subclause (I).
“Appropriated,” as used in this subclause, means authorization by the governing body of the local agency for which the fee is collected to make expenditures and incur obligations for specific purposes.
(B) (i) Subparagraph (A) does not apply to units reserved for occupancy by lower income households included in a residential development proposed by a housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code. Fees and charges exempted from subparagraph (A) under this subparagraph shall become immediately due and payable when the residential development no longer meets the requirements of this subparagraph.
(ii) The exception provided in clause (i) does not
apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code.
(iii) (I) The developer may elect to post a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of any fees or charges that are subject to this subparagraph.
(II) If the developer does not post a performance bond or letter of credit pursuant to subclause (I), the city, county, or city and county may collect any fees and charges subject to this subparagraph that are not paid at the time the first certificate of occupancy or first temporary certificate of occupancy is issued, whichever occurs first, in accordance with the following procedure:
(ia) On or before August 10 of each year,
the building official of the local agency shall furnish in writing to the county auditor a description of each parcel of land for which a performance bond or letter of credit has not been posted within the local agency’s jurisdiction upon which fees or charges are unpaid and the amount of the unpaid fees or charges.
(ib) The amount of the unpaid fees or charges shall constitute a lien upon the land for which the fees or charges are unpaid.
(ic) The unpaid fees or charges shall be collected in the same manner and at the same time as county ad valorem taxes.
(id) The unpaid fees or charges shall be subject to the same penalties, lien priority, and procedure and sale in case of delinquency that apply to county ad valorem taxes.
(ie) All laws applicable to
the levy, collection, and enforcement of county ad valorem taxes shall be applicable to the unpaid fees and charges.
(iv) Clause (iii) does not apply to projects that dedicate 100 percent of units, exclusive of a manager’s unit or units, to lower income households, as defined by Section 50079.5 of the Health and Safety Code, and have a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, or the Department of Housing and Community Development.
(3) If the local agency does not issue certificates of occupancy for the type of residential developments described in this subdivision, the final inspection shall serve as the certificate of occupancy.
(4) For purposes of this subdivision, “designated residential development project” means a
residential development project that meets any of the following conditions:
(A) The project dedicates 100 percent of units, exclusive of a manager’s unit or units, to lower income households, as defined by Section 50079.5 of the Health and Safety Code.
(B) The project meets the requirements described in Section 65662.
(C) The project is approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) of Chapter 4.1.
(D) The project meets the requirements described in subdivision (a) of Section 65913.4.
(E) The project meets the criteria described in subdivision (c) of Section 65913.16.
(F) The project is entitled to a density bonus pursuant to subdivision (b) of Section 65915.
(G) The project includes 10 or fewer units.
(d) (1) If any fee or charge specified in subdivision (a) or (c) is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the local agency issuing the building permit may require the property owner, or lessee if the lessee’s interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified in subdivision (a) or (c). If the fee or charge is prorated pursuant to subdivision (a) or (c), the obligation under the contract shall be similarly prorated.
(2) The obligation to pay the fee or charge shall inure to the benefit of, and be enforceable by, the local agency that imposed the fee or charge, regardless of whether it is a party to the contract. The contract shall contain a legal description of the property affected, shall be recorded in the office of the county recorder of the county and, from the date of recordation, shall constitute a lien for the payment of the fee or charge, which shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The contract shall be recorded in the grantor-grantee index in the name of the public agency issuing the building permit as grantee and in the name of the property owner or lessee as grantor. The local agency shall record a release of the obligation, containing a legal description of the property, in the event the obligation is paid in full, or a partial release in the event the
fee or charge is prorated pursuant to subdivision (a) or (c).
(3) The contract may require the property owner or lessee to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit was issued and to provide in the escrow instructions that the fee or charge be paid to the local agency imposing the same from the sale proceeds in escrow prior to disbursing proceeds to the seller.
(4) The governing body of a local agency may authorize an officer or employee of the local agency to approve and execute contracts under this subdivision on behalf of the local agency.
(5) Before requiring execution of a contract under this subdivision, the local agency shall post a model form of contract on its internet website, if it maintains an internet website.
(e) This section applies only to fees collected by a local agency to fund the construction of public improvements or facilities. It does not apply to fees collected to cover the cost of code enforcement or inspection services, or to other fees collected to pay for the cost of enforcement of local ordinances or state law.
(f) “Final inspection,” “temporary certificate of occupancy,” or “certificate of occupancy,” as used in this section, has the same meaning as described in Sections 305 and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 edition.
(g) Methods of complying with the requirement in subdivision (b) that a proposed construction schedule or plan be adopted, include, but are not limited to, (1) the adoption of the capital improvement plan described in Section 66002, or (2)
the submittal of a five-year plan for construction and rehabilitation of school facilities pursuant to subdivision (c) of Section 17017.5 of the Education Code.
school facilities master plan approved by the applicable school district governing board pursuant to subdivision (a) of Section 17070.54 of the Education Code. For purposes of this section, if the school district does not intend to participate in the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code, the school district is not required to submit the five-year school facilities master plan to the Department of General Services and the five-year school facilities master plan is not required to include information specific to the school facilities program pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code.
(h) A local agency may defer the collection of one or more fees up to the close of escrow. This subdivision shall not apply to fees and charges
levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code.
SEC. 57.
Item 6100-139-8080 of Section 2.00 of the Budget Act of 2017 is amended to read:6100-139-8080—For local assistance, State Department of Education-Clean Energy Job Creation Fund, for allocation by the Superintendent of Public Instruction to school districts, county offices of education, state special schools, and charter schools
........................
| 376,200,000 | ||||||
Schedule: | |||||||
| (1) | 9990-Unscheduled Items of Appropriation
........................
| 376,200,000 | |||||
Provisions: | |||||||
| 1. | The funds appropriated in this item shall be used for the purposes set forth in Chapter 29 of the Statutes of 2013. | ||||||
| 2. | The funds appropriated in this item shall be available for encumbrance or expenditure until June 3 0, 2019. | ||||||
| 3. | Notwithstanding Provision 2, the funds appropriated in this item shall be available for encumbrance or expenditure until June 30, 2026, if one or both of the following are met: (a) The amount recovered from local educational agencies by the Superintendent of Public Instruction, is in excess of the amount owed. (b) There is an outstanding amount owed from local educational agencies to the Superintendent of Public Instruction. | ||||||
SEC. 58.
Item 6100-001-0001 of Section 2.00 of the Budget Act of 2021, as amended by Section 122 of Chapter 240 of the Statutes of 2021, is amended to read:6100-001-0001—For support of State Department of Education
........................
| 107,069,000 | ||||||
Schedule: | |||||||
| (1) | 5205010-Curriculum Services
........................
| 70,329,000 | |||||
| (1.5) | 5210048-After School Programs ........................ | 1,653,000 | |||||
| (2) | 5210066-Special Program Support
........................
| 36,718,000 | |||||
| (2.5) | 5210056-Transitional Kindergarten | 10,000,000 | |||||
| (3) | 9900100-Administration
........................
| 58,580,000 | |||||
| (4) | 9900200-Administration—Distributed
........................
| −58,580,000 | |||||
| (5) | Reimbursements to 5205010-Curriculum Services
........................
| −8,272,000 | |||||
| (6) | Reimbursements to 5210066-Special Program Support
........................
| −3,359,000 | |||||
Provisions: | |||||||
| 1. | Notwithstanding Section 33190 of the Education Code or any other
law, the State Department of Education shall not expend funds to prepare a statewide summary of pupil performance on school district proficiency assessments or a compilation of information on private schools with five or fewer pupils. | ||||||
| 2. | Funds appropriated in this item may be expended or encumbered to make one or more payments under a personal services contract of a visiting educator pursuant to Section 19050.8 of the Government Code, a long-term special consultant services contract, or an employment contract between an entity that is not a state agency and a person who is under the direct or daily supervision of a state agency, only if all of the following conditions are met: | ||||||
| (a) | The person providing service under the contract provides full financial disclosure to the Fair Political Practices Commission in accordance with the rules and regulations of the commission. | ||||||
| (b) | The service provided under the contract does not result in the displacement of any represented civil service employee. | ||||||
| (c) | The rate of compensation for salary and health benefits for the person providing service under the contract does not exceed by more than 10 percent the current rate of compensation for salary and health benefits determined by the Department of
Human Resources for civil service personnel in a comparable position. The payment of any other compensation or any reimbursement for travel or per diem expenses shall be in accordance with the State Administrative Manual and the rules and regulations of the California Victim Compensation Board. | ||||||
| 3. | The funds appropriated in this item shall not be expended for the development or dissemination of program advisories, including, but not limited to, program advisories on the subject areas of reading, writing, and mathematics, unless explicitly authorized by the State Board of Education. | ||||||
| 4. | Of the funds appropriated in this item, $206,000 shall be available as
matching funds for the Department of Rehabilitation to provide coordinated services to disabled pupils. | ||||||
| 5. | By October 31 of each year, the State Department of Education (SDE) shall provide to the Department of Finance a file of all charter school average daily attendance (ADA) and state and local revenue associated with charter school general purpose entitlements as part of the P2 Local Control Funding Formula File. By March 1 of each year, the SDE shall provide to the Department of Finance a file of all charter school ADA and state and local revenue associated with charter school general purpose entitlements as part of the P1 Local Control Funding Formula File. It is the expectation that such reports will be provided annually. | ||||||
| 6. | On or before April 15 of each year, the State Department of Education (SDE) shall provide to the Department of Finance an electronic file that includes complete district- and county-level state appropriations limit information reported to the SDE. The SDE shall make every effort to ensure that all districts have submitted the necessary information requested on the relevant reporting forms. | ||||||
| 7. | The State Department of Education shall make information available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31, March 31, and May 31 of each year regarding the amount of Proposition 98 savings estimated to be available for reversion by June 30 of that year. | ||||||
| 8. | Reimbursement expenditures pursuant to this item resulting from the imposition by the State Department of Education (SDE) of a commercial copyright fee shall not be expended sooner than 30 days after the SDE submits to the Department of Finance a legal opinion affirming the authority to impose such fees and the arguments supporting that position against any objections or legal challenges to the fee filed with the SDE. Any funds received pursuant to imposition of a commercial copyright fee may only be expended as necessary for outside counsel contingent on a certification of the Superintendent of Public Instruction that sufficient expertise is not available within departmental legal staff. The SDE shall not expend greater than $300,000 for such purposes without first notifying the Department of Finance of the necessity therefor, and upon
receiving approval in writing. | ||||||
| 9. | Of the funds appropriated in this item, up to $1,011,000 is for dispute resolution services, including mediation and fair hearing services, provided through contract for special education programs. | ||||||
| 10. | Of the reimbursement funds appropriated in this item, at least $612,000 is provided to the State Department of Education for the oversight of State Board of Education-authorized charter schools. The Department of Finance may administratively establish up to 2.0 positions for this purpose as workload materializes. | ||||||
| 11. | Of the funds appropriated in this item, at least $109,000 shall be for 1.0 position within the State Department of Education to support activities associated with the Clean Energy Job Creation Fund. | ||||||
| 12. | Of the amount appropriated in this item, at least $852,000 and 6.0 positions are provided to support the Local Control Funding Formula administration pursuant to Chapter 47 of the Statutes of 2013. These funds and positions shall be used by the State Department of Education to support the apportionment of, and fiscal oversight of, funding pursuant to the Local Control Funding Formula. | ||||||
| 13. | Of the
funds appropriated in this item, at least $115,000 and 1.0 position shall be available for the State Department of Education to support activities associated with charter school appeals as required under subdivision (j) of Section 47605 of the Education Code. | ||||||
| 14. | Of the funds appropriated in this item, at least $1,140,000 and 8.0 positions are provided to support the implementation of the Local Control Funding Formula accountability system pursuant to Chapter 47 of the Statutes of 2013. | ||||||
| 15. | Of the funds appropriated in this item, at least $120,000 and 1.0 permanent position is provided to support implementation of the Local Control Funding Formula, such as
providing unduplicated student counts, matching foster data received from the State Department of Social Services (SDSS), and meeting foster youth reporting requirements. | ||||||
| 16. | Of the funds appropriated in this item, $271,000 and 2.0 positions are provided to continue the development and maintenance of the state and federal accountability systems. | ||||||
| 17. | Of the funds appropriated in this item, $129,000 is provided to support 1.0 existing position for workload associated with school district reorganizations. | ||||||
| 18. | Of the funds appropriated in this item, $108,000 is provided to support 1.0 existing position to assist local educational agencies applying for a universal meal service program, pursuant to Chapter 724 of the Statutes of 2017. | ||||||
| 19. | Of the funds appropriated in this item, $128,000 is provided to support 1.0 existing position to complete additional education equity compliance reviews, pursuant to Chapter 493 of the Statutes of 2017. | ||||||
| 20. | Of the funds appropriated in Schedule (1), $252,000 shall be used to support the development and maintenance of a computer-based English Language Proficiency Assessment for California and a computer-based
alternative English Language Proficiency Assessment for California for students with disabilities. | ||||||
| 21. | Of the funds appropriated in this item, $257,000 is provided to support 2.0 existing positions for the coordination of a centralized Uniform Complaint Procedures process and database to improve the administration and resolution of Uniform Complaint Procedures complaints and appeals received by SDE; to standardize Uniform Complaint Procedures policies, procedures, and templates departmentwide; and to provide a report by January 31 of each year with a summary of the number of days for completion of appeals by complaint type and program area, including the rationale for complaints that exceeded 60 days. | ||||||
| 22. | Of the funds appropriated in this item, $117,000 is to support activities associated with data collection and reporting required under the Districts of Choice program. | ||||||
| 23. | Of the funds appropriated in this item, $600,000 is provided to support 2.0 existing positions and workload related to school-based comprehensive sexual health education. | ||||||
| 24. | Of the funds appropriated in this item, $105,000 and 1.0 position are to support increases in emergency average daily attendance waiver requests. | ||||||
| 25. | Of the funds appropriated in this item, $452,000 is provided for 3.0 positions to support compliance workload within the State Department of Education’s Special Education Division. | ||||||
| 26. | Of the funds appropriated in this item, at least $275,000 and 2.0 positions are provided to support the Career Technical Education Incentive Grant Program and the K–12 component of the Strong Workforce Program. Availability of these funds is contingent upon the State Department of Education (SDE) fully supporting no fewer than 6.0 full-time regional program consultants in agricultural career technical education in the Agricultural Education Unit of the Career and College Transition Division using federal Perkins V Act funding. If the SDE is unable to support at least
6.0 full-time regional program consultants in agricultural career technical education with federal Perkins V Act funding, $142,000 and 1.0 position provided in this item to support the Career Technical Education Incentive Grant Program and the K–12 component of the Strong Workforce Program shall be redirected for that purpose. As a condition of receiving this funding, the SDE shall make information available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31 of each fiscal year regarding the split of the federal Perkins V Act funding between the SDE and the Chancellor’s Office of the California Community Colleges. This information shall include, but is not limited to, the maximum set-asides allowable for state administration and state leadership activities, the minimum amount required for local program distribution, as well as a breakdown of how the SDE is utilizing the funds in each category. | ||||||
| 27. | Of the funds appropriated in this item, $142,000 is provided to support 1.0 position for the joint interagency resolution team and foster youth coordinated services pursuant to Chapter 815 of the Statutes of 2018. | ||||||
| 28. | Of the funds appropriated in this item, $77,000 is provided to support 0.5 existing position to update existing, and develop new, resources and strategies, and in-service teacher training to support lesbian, gay, bisexual, transgender, queer, and questioning students, pursuant to Chapter 775 of the Statutes of 2019. | ||||||
| 29. | Of the funds appropriated in this item, $77,000 is provided to support 1.0 position to provide appropriate language access in American Sign Language. | ||||||
| 30. | Of the funds appropriated in this item, $696,000 and 3.0 positions are available for the department to collect data to track the implementation of the changes for charter school petitions and renewals, pursuant to Chapter 486 of the Statutes of 2019. | ||||||
| 31. | Of the amount provided in this item, $192,000 reimbursements is provided on an ongoing basis to support the administration of the California High School Proficiency Examination. | ||||||
| 32. | Of the funds appropriated in this item, $264,000 and 2.0 positions are provided to establish a state education disaster team to support activities related to disaster planning, preparedness, and response for schools as part of California’s Disaster Preparedness, Response, and Recovery efforts. | ||||||
| 33. | Of the amount appropriated in this item, $336,000 and 3.0 positions are available to support new ongoing workload for the School Fiscal Services Division related to deferrals and average daily attendance changes pursuant to Chapter 24 of the Statutes of 2020. | ||||||
| 34. | Of the amount appropriated in this item, $136,000 and 1.0 position is provided to support workload related to creating a school emergency reporting system. | ||||||
| 35. | Of the amount appropriated in this item, $12,598,000 is provided to support 52.8 existing positions in the Nutrition Services Division, and 30.0 positions in the Early Learning and Care Division to support remaining early learning workload after the transition of child care programs to the Department of Social Services. | ||||||
| 36. | Of the funds appropriated in this item, $376,000 and 3.0 positions are provided to support increased workload in the Accounting Office. | ||||||
| 37. | Of the funds appropriated in this item, $1,200,000 is provided on a one-time basis for litigation costs related to the COVID-19 pandemic. | ||||||
| 38. | Of the funds appropriated in Schedule (1), $3,403,000 is provided to support existing authorized administrative positions. | ||||||
| 39. | Of the funds appropriated in Schedule (2), $2,960,000 is provided to support existing authorized administrative positions. | ||||||
| 40. | Of the funds appropriated in Schedule (1), $700,000 is provided to support 5.0 new positions and 1.0 existing position for the State Department of Education to establish the Office of School-Based Health. | ||||||
| 41. | Of the funds appropriated in this item, $250,000 and 1.0 permanent position are provided to establish the California Computer Science Coordinator. The coordinator shall provide statewide coordination in implementing the computer science content standards developed pursuant to Section 60605.4 of the Education Code and lead the implementation of the computer science strategic implementation plan adopted by the State Board of Education. The State Department of Education shall provide a status update on the recruitment and hiring of the coordinator to the Department of Finance by March 15, 2022. | ||||||
| 42. | Of the funds appropriated in Schedule (2), $530,000 and 3.5 positions are available in the 2021–22 fiscal year, $538,000 and 3.5 positions are available in the 2022–23 and 2023–24 fiscal years, and $425,000 and 2.5 positions are available thereafter to support workload associated with expanded Transitional Kindergarten programs. | ||||||
| 43. | Of the funds appropriated in Schedule (2), $294,000 and 2.0 positions are available in the 2021–22 fiscal year, and $280,000 and 2.0 positions are available thereafter, to support early learning workload in the Child Development and Nutrition Fiscal Services Division. | ||||||
| 44. | Of the funds appropriated in Schedule (2), $1,697,000 and 3.0 positions are available in fiscal year 2021–22, and $1,670,000 and 3.0 positions are available thereafter, to support early learning workload in the Early Learning and Care Division. | ||||||
| 45. | Of the funds appropriated in Schedule (2), $2,583,000 and 11.7 positions are provided to support early learning workload. | ||||||
| 46. | Of the funds appropriated in Schedule (2), $6,000 in one-time carryover funds is available for the Office of Head Start, and may be transferred between Item 5180-001-0001 and this item, upon approval of the Department of Finance. | ||||||
| 47. | Of the funds appropriated in this item, $163,000 is provided on a one-time basis to support an existing position at the State Department of Education to select and collaborate with a lead partner on the development of an online LGBTQ+ cultural competency training platform. | ||||||
| 48. | Of the funds appropriated in this item, $160,000 is provided on a one-time basis to contract with an LGBTQ+ organization to serve as the lead partner to the State Department of Education in the development of an online LGBTQ+ cultural competency training platform. Funds provided pursuant to this provision are available for encumbrance through June 30, 2025. The selected lead partner must have demonstrated experience in both of the following areas: | ||||||
| (a) | Improving school climate for LGBTQ+ youth and advancing policies to support LGBTQ+ youth in California, including rural, suburban, and urban communities. | ||||||
| (b) | Creating and conducting LGBTQ+ cultural competency training programs in rural, suburban, and urban communities with the goal of improving the institutions that serve LGBTQ+ communities. | ||||||
| 49. | Of the funds appropriated in this item, $275,000 is provided on a one-time basis for the Superintendent of Public Instruction and the lead partner selected pursuant to Provision 48 of this item, to establish an advisory committee to inform the development and content of the LGBTQ+ cultural competency training curriculum to assure that it is culturally competent, comprehensive, and meets the needs of LGBTQ+ students, families, and teachers. The advisory committee shall consist of representatives from no more than 20 nonprofit organizations representing LGBTQ+ or at-risk youth and students. Of the amount provided, up to $10,000 shall be made available to each organization selected to serve on the advisory committee to cover participation costs. Funds provided pursuant to this provision are available for encumbrance through June 30, 2025. | ||||||
| 50. | Of the funds appropriated in Schedule (1), $143,000 and 1.0 position are available for a Medi-Cal billing coordinator to serve as a liaison with the State Department of Health Care Services, stakeholders, and others with respect to Medi-Cal billing options, the school-based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment Benefits. | ||||||
| 51. | Of the funds appropriated in Schedule (1), $467,000 and 4.0 positions are provided for the School Fiscal Services Division to support workload related to state apportionment calculations, review of average daily attendance waivers, technical assistance, and implementation of grant programs. | ||||||
| 52. | Of the funds appropriated in this item, $3,900,000 and 29.5 positions are available in the 2022–23 and 2023–24 fiscal years for workload related to implementing a universal school meals program. | ||||||
| 53. | Of the amount appropriated in this item, $1,653,000 and 14.0 positions are provided for the Expanded Learning Division to provide students in classroom-based instructional programs with access to comprehensive after school and intersessional expanded learning opportunities. | ||||||
| 54. | Of the funds appropriated in this item, $130,000 and 1.0 position is provided to support implementation of the Standardized Account Code Structure web-based application. | ||||||
| 55. | Of the funds appropriated in this item, at least $286,000 and 2.0 positions are provided to support professional development programs, including, but not limited to, the National Board Certification Incentive Grant, the Educator Effectiveness Block Grant, Professional Development on Social Emotional Learning and Trauma Informed Practices, Professional Development for Reading Instruction and Intervention, Training for Youth Mental and Behavioral Health, and other teacher professional development. | ||||||
| 56. | Of the funds appropriated in this item, $286,000 and 2.0 positions are provided to support the implementation of the universal meals program. | ||||||
| 57. | Of the funds appropriated in this item, $561,000 and 4.0 positions are provided to the School Fiscal Services Division for work related to the Expanded Learning and Transitional Kindergarten Programs. | ||||||
| 58. | Of the funds appropriated in this item, $425,000 and 3.0 positions are provided for additional new formula-driven program implementation. | ||||||
| 59. | Of the funds appropriated in this item, $155,000 and 1.0 position are provided to the Technology Services Division for Transitional Kindergarten average daily attendance data collection. | ||||||
| 60. | Of the funds appropriated in this item, $241,000 and 2.0 positions are provided to support the Community Schools Partnership Grant Program. | ||||||
| 61. | Of the funds appropriated in this item, $143,000 and 1.0 position are provided to support the California Healthy Kids Survey and social-emotional learning professional development. | ||||||
| 62. | Of the funds appropriated in this item, $143,000 and 1.0 position are provided for the Early Learning and Care Division to address increased workload in the California State Preschool Program. | ||||||
| 63. | Of the funds appropriated in this item, $130,000 and 1.0 position are provided for the Fiscal and Administrative Services Division to address increased workload in the California State Preschool Program. | ||||||
| 64. | Of the amount provided in Schedule (2), $6,000,000 is available for the State Department of Education to contract with a vendor to provide direct deposit to State Preschool contractors, beginning January 1, 2022. Contracts awarded pursuant to this provision shall allow for advance payment, and the department is hereby authorized to provide advance payment in order to implement direct deposit to State Preschool contractors. Contracts awarded pursuant to this provision shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. For purposes of this provision, 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. Funds provided pursuant to this provision are available for encumbrance through June 30, 2023. | ||||||
| 65. | Of the funds appropriated in Schedule (2.5), $10,000,000 is provided in one-time funds to update the California Preschool Learning Foundations by January, 2023 to reflect a prekindergarten year prior to kindergarten enrollment, including transitional kindergarten in a school setting, which shall include rest, play, and other developmentally critical factors, and to develop curriculum and educator resources to implement those standards. These funds shall be available for encumbrance until June 30, 2024. | ||||||
| 66. | Of the reimbursement funds appropriated in Schedule (2), $544,000 in one-time carryover funds is available in the 2021-22 fiscal year to support the Preschool Development Grant program. | ||||||
SEC. 59.
Item 7760-101-0001 of Section 2.00 of the Budget Act of 2021, as amended by Section 3 of Chapter 33 of the Statutes of 2023, is amended to read:7760-101-0001—For support of Department of General Services
........................
| 253,000,000 | ||||||
| Schedule: | |||||||
| (1) | 9900100-Administration ........................ | 253,000,000 | |||||
| Provisions: | |||||||
| 1. | Of the funds appropriated in this item, $250,000,000 shall be available for a competitive grant program to support regional K-16 education collaboratives that create streamlined pathways from high school to postsecondary education and into the workforce. To qualify to receive a grant under this program, a regional K-16 education collaborative shall meet all of the following criteria: | ||||||
| (a) | Include at least one K-12 school district, at least one University of California campus, at least one California State University campus, and at least one California Community College district. | ||||||
| (b) | Establish a steering committee, of which at least 25 percent of the members shall be local employers, thereby ensuring that regional economic needs inform the creation of the streamlined pathways. | ||||||
| (c) | Commit to participate in the California Cradle-to-Career Data System established pursuant to Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code. | ||||||
| (d) | Commit to implement at least four of the following seven recommendations from the February 2021 Recovery with Equity report to promote student success: | ||||||
| (1) | Improve faculty, staff, and administrator diversity. | ||||||
| (2) | Cultivate inclusive, engaging, and equity-oriented learning environments. | ||||||
| (3) | Retain students through inclusive supports. | ||||||
| (4) | Provide high-tech, high-touch advising. | ||||||
| (5) | Support college preparation and early credit. | ||||||
| (6) | Subsidize Internet access for eligible students. | ||||||
| (7) | Improve college affordability. | ||||||
| (e) | Create at least two occupational pathways, including either accelerated degree or credential programs that incorporate work-based learning, based on the identification of primary priority sectors in collaboration with the California Jobs First Council. | ||||||
| By June 30, | |||||||
| Notwithstanding any other law, the Department of General Services may contract with a third-party entity to administer the program on behalf of the department. However, the department shall serve as fiscal agent of the funds appropriated in this item. | |||||||
| Notwithstanding any other law, the Department of General Services may provide advance payments of grant funds from this appropriation to the third-party administrator and subsequent grant awardees. | |||||||
| No more than 5 percent of the funds provided in this provision may be used for administrative support costs, limited to no more than 2.5 percent of the funds provided in this provision for administrative costs incurred by the Department of General Services, and no more than 2.5 percent of the funds provided in this provision for administrative costs incurred by the third-party administrator. | |||||||
| (1) | Notwithstanding any other law, up to 2.5 percent of funds provided in this provision may be transferred to Item 7760-001-0001 for administrative costs incurred by the Department of General Services. That transfer shall require the prior approval of the Department of Finance. | ||||||
| (2) | Notwithstanding any other law, up to 2.5 percent of the funds provided in this provision may be transferred to Item 7760-001-0001 for administrative costs incurred by the third-party administrator. That transfer shall require the prior approval of the Department of Finance. | ||||||
| (3) | Notwithstanding any other law, funds for this provision that are not transferred pursuant to paragraphs (1) and (2) of this provision may be transferred to Item 6350-601-0001 for administration by the Office of Public School Construction. That transfer shall require the prior approval of the Department of Finance. The Controller shall shift any accounting transactions posted from the Department of General Services to the Office of Public School Construction as directed by the Director of Finance. | ||||||
| Funds appropriated in this provision shall be available for encumbrance or expenditure until June 30, | |||||||
| 2. | (a) | Of the amount appropriated in this item, $3,000,000 shall be used to fund the STEM Teacher Recruitment Grant Program. No more than 5 percent of this amount shall be used for administration of the program. Notwithstanding any other law, up to 5 percent of funds provided in this provision may be transferred to Item 7760-001-0001 for administrative costs incurred by the Department of General Services. That transfer shall require the prior approval of the Department of Finance. | |||||
| (b) | Notwithstanding any other law, funds for this provision may be transferred to Item 6350-601-0001 for administration by the Office of Public School Construction. That transfer shall require the prior approval of the Department of Finance. The Controller shall shift any accounting transactions posted from the Department of General Services to the Office of Public School Construction as directed by the Director of Finance. | ||||||
| (c) | Funds appropriated in this provision shall be available for encumbrance or expenditure until June 30, 2024. This shall include any funds appropriated for this provision that are used, or were transferred to be used, for both local assistance costs and administrative costs. | ||||||
SEC. 60.
Section 137 of Chapter 44 of the Statutes of 2021 is amended to read:Sec. 137.
(a) (1) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the State Department of Education for the following purposes:(A) Of this amount, at least twenty-five million dollars ($25,000,000) shall be used to cover National Board for Professional Teaching Standards Certification fees for first-time candidates.
(B) (i) The remainder of the funds shall be used to award grants pursuant to the
National Board for Professional Teaching Standards Certification Incentive Program established pursuant to Section 44395 of the Education Code.
(ii) Commencing July 1, 2027, the State Department of Education shall transfer all unencumbered funds available for this program to the Commission on Teacher Credentialing to award grants pursuant to the National Board for Professional Teaching Standards Certification Incentive Program established pursuant to Section 44395 of the Education Code.
(2) The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2026.
2030, and shall be made available for liquidation until June 30, 2034.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2020–21 fiscal year.
SEC. 61.
Section 152 of Chapter 44 of the Statutes of 2021, as amended by Section 43 of Chapter 252 of the Statutes of 2021, is amended to read:Sec. 152.
(a) The Legislature finds and declares all of the following:(1) Early studies suggest that school closures and distance learning resulting from the COVID-19 pandemic have caused learning lags for pupils in both English language arts and mathematics, and that these lags are larger for pupils from socioeconomically disadvantaged households, pupils with disabilities, and Latinx pupils.
(2) California educators and providers of professional development must have access to the latest research and techniques to accelerate learning through evidence-based approaches and classroom practices, particularly in core academic subjects.
(3) Investment
in professional learning infrastructure is needed to implement evidence-based intensive interventions to promote learning acceleration and address academic needs that have resulted from the COVID-19 pandemic.
(b) For the 2021–22 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to allocate to the California Collaborative for Educational Excellence to administer, in partnership with a selected county office of education, or multiple selected county offices of education, evidence-based professional education for educators that can support learning acceleration for California’s diverse pupil population, particularly in mathematics, literacy, and language development. Funds appropriated for this purpose
purpose, including any interest earned by the administrative agent on funding provided in this section, are available through the 2025–26 fiscal year until January 1, 2028, to provide grants and to administer the program consistent with subdivision (c).
(c) On or before December 1, 2021, the California Collaborative for Educational Excellence, with the approval of the executive director of the State Board of Education, shall create an application process and administration plan for the selection of grant
recipients under the program. Administration of these funds shall include providing program oversight and technical assistance to grantees selected pursuant to this section. The California Collaborative for Educational Excellence may retain up to five million dollars ($5,000,000) of the appropriation in subdivision (b) for grant administration and professional learning development, coordination, and execution. Up to seven hundred fifty thousand dollars ($750,000) of the amount retained shall be made available to reimburse the Marin County Office of Education, the administrative agent of the California Collaborative for Educational Excellence, for costs associated with the administration of this program.
(d) The executive director of the California Collaborative for Educational Excellence shall award, subject to the approval of the executive director of the State Board of Education, grants to a county office of education, or multiple county
offices of education, to help establish a statewide professional development infrastructure to expand the use of evidence-based accelerated learning strategies, and shall give priority to grant funding based on the following:
(1) Applicants who commit to coordinate and partner with institutions of higher education, nonprofit organizations with expertise in learning acceleration, another county office of education or consortia of county offices of education, or any combination of those entities, to disseminate regional or statewide professional learning to address pupils’ learning needs by accelerating progress in the areas of mathematics, literacy, and language development.
(2) Applicants with a demonstrated ability to provide professional development to credentialed or certificated staff.
(3) Applicants with an
understanding of the latest evidence to address learning recovery and acceleration.
(4) Applicants with a plan for sustaining the provision of professional development after grant expiration.
(e) Grant funding may be used for the following purposes:
(1) Developing or expanding existing evidence-based professional development opportunities or guidance for educators and administrators to address pupils’ learning recovery and acceleration, with consideration of the needs of high-need pupils, including low-income pupils, English learners, and pupils with disabilities.
(2) Providing professional development to educators in alignment with knowledge of best practices for professional learning.
(f) Grant recipients shall commit to doing all of the following:
(1) Partnering with the California Collaborative for Educational Excellence to provide regional or statewide, or both regional and statewide, evidence-based professional development to accelerate learning.
(2) Providing program data, in the manner and form requested, to the California Collaborative for Educational Excellence.
(3) Participating in overall program evaluation.
(g) For the purposes of this section, “accelerated learning strategies” are those designed to meet pupils where they are in their learning and use evidence-based approaches to enable pupils to make strong and rapid progress in their mastery of knowledge and skills. These strategies may include individual or
small group tutoring or whole class instruction using well-grounded methods with scaffolding and differentiation that meet pupils’ specific needs.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2020–21 fiscal year.
SEC. 62.
Section 121 of Chapter 52 of the Statutes of 2022, as amended by Section 97 of Chapter 38 of the Statutes of 2024, is amended to read:Sec. 121.
(a) (1) For the 2023–24 fiscal year, the sum of three hundred seventy-five million dollars ($375,000,000) is hereby appropriated from the General Fund to the State Air Resources Board for the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to fund zero-emission schoolbuses to replace heavy-duty internal combustion schoolbuses owned by local educational agencies over five years beginning in the 2023–24 fiscal year, consistent with this section. This funding shall be available as grants to local educational agencies for encumbrance until June 30, 2029. Local educational agencies shall have three fiscal years after the fiscal year in which the funds are received to expend the funds. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state.(2) For the 2023–24 fiscal year, the sum of one hundred twenty-five million dollars ($125,000,000) is hereby appropriated from the General Fund to the Energy Commission to fund zero-emission schoolbus charging or fueling infrastructure and related activities, including, but not limited to, charging or fueling stations, equipment, site design, construction, and related infrastructure upgrades, in order to complement the vehicle investments described in paragraph (1). This funding shall be available as grants to local educational agencies for encumbrance until June 30, 2029. Local educational agencies shall have three fiscal years after the fiscal year in which the funds are received to expend the funds. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state.
(b)It is the intent of the Legislature to appropriate
three hundred seventy-five million dollars ($375,000,000) in the 2025–26 fiscal year to the State Air Resources Board, and one hundred twenty-five million dollars ($125,000,000) in the 2025–26 fiscal year to the Energy Commission, for purposes of subdivision (a).
(c)
(b) The State Air Resources Board and the Energy Commission shall coordinate to offer a single application to cover vehicle purchases, infrastructure investments, and other associated funding pursuant to this section.
(d)
(c) The State Air Resources Board and the Energy Commission shall ensure that the funding provided in this section supports the transition to zero-emission schoolbus fleets by supporting up to the full purchase cost of zero-emission schoolbuses and related schoolbus charging or fueling infrastructure, as well as provide funding support for other associated costs, including workforce development and training.
(e)
(d) (1) The State Air Resources Board, in consultation with the Energy Commission, shall prioritize funding zero-emission schoolbuses under this section.
(2) If a
local educational agency is able to provide sufficient information to the State Air Resources Board and the Energy Commission to demonstrate significant barriers to the adoption of zero-emission technology at the time of application, and that alternate approaches to decrease internal combustion vehicle use are not appropriate, the State Air Resources Board and the Energy Commission may fund schoolbuses powered by renewable fuel under this section, to the extent and in the time period that these barriers apply to the local educational agency.
(f)
(e) Priority shall be given pursuant to this section to grantees serving a high percentage of unduplicated pupils, as defined in
Section 42238.02 of the Education Code, grantees operating the oldest internal combustion buses, grantees that are small and rural school districts, and grantees purchasing zero-emission buses with bidirectional charging where available.
(g)
(f) The State Air Resources Board and the Energy Commission shall create program guidelines relative to their respective activities pursuant to this section. Notwithstanding any other law, the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the development and approval of the guidelines or other standards or requirements adopted or
used by the State Air Resources Board or the Energy Commission in administering these funds.
(h)
(g) No less than 90 percent of a grantee’s grant award shall be expended for the purchase of zero-emission schoolbuses, as well as the supporting charging infrastructure needed to operate the zero-emission schoolbuses and related activities, including, but not limited to, charging or fueling stations, equipment, site design, construction, and related infrastructure upgrades.
(i)
(h) Up to 10 percent of a grantee’s grant award may be expended to incorporate or supplement funding for the grantee’s school transportation program.
(j)
(i) (1) Any schoolbuses that are replaced pursuant to this section shall be scrapped no later than 24 months from date of delivery of the replacement vehicles. Grantees shall provide to the State Air Resources Board proof of scrap of the retired internal combustion schoolbus or schoolbuses.
(2) The grant agreement related to the grant award pursuant to this section shall require grantees to submit schoolbus and infrastructure information and documentation resulting from the grants provided in this section to the State Air Resources Board and the Energy Commission.
(k)
(j) The Department of General Services, in consultation with the Energy Commission and the California Workforce Development Board, shall establish statewide contracts with manufacturers of zero- or low-emission schoolbuses. These contracts shall satisfy the high road standards pursuant to subdivision (r) of Section 14005 of the
Unemployment Insurance Code.
(l)
(k) As a condition of entering into a statewide contract with the state, a bidder shall incorporate high road job standards designed to achieve all of the following goals:
(1) Support the creation and retention of quality, nontemporary, and full-time jobs that provide high wages, including benefits and access to training.
(2) Support the hiring of displaced workers and individuals facing barriers to employment.
(3) Encourage the development of the state’s long-term, climate-sustainable transportation and related infrastructure and manufacturing sectors.
(4) Protect public health by supporting the adoption of specific protections for worker health and safety.
(m)
(l) At a minimum, the contract shall include all of the following terms:
(1) All of the bidder’s employees performing work to fulfill the contract shall be paid no less than the minimum trainee wage set by the Employment Training Panel for the county in which the work is performed, or the applicable federal, state, or local minimum wage, whichever is greater. To the extent permissible, health care benefits valued at up to two dollars and fifty cents ($2.50) per hour may be used to meet this wage requirement.
(2) Any person performing work to fulfill the contract shall be placed in the proper employment classification. This requirement includes, but is not limited to, prohibitions on misclassifying a person performing work to fulfill the contract as an independent contractor.
(3) The bidder and any contractors and subcontractors performing work to fulfill the contract shall comply with all applicable federal, state, and local laws
pertaining to paid sick leave, including any antiretaliation provisions contained in such laws.
(4) The bidder and any contractors and subcontractors performing work to fulfill the contract shall comply with all applicable safety and health requirements, and shall comply with Sections 6310 and 6311 of the Labor Code, pertaining to protection of employees who file complaints or refuse to work in the face of hazardous conditions.
(5) The bidder and any contractors and subcontractors comply and shall comply with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and all regulations thereunder.
(n)
(m) Grants received pursuant to this section shall supplement, not supplant, existing services and funds provided by grantees in support of transportation programs.
(o)
(n) For purposes of this section, the following definitions apply:
(1) “Bidder” means a manufacturer of zero-emission schoolbuses that seeks to enter into a statewide contract with the Department of General Services pursuant to this section.
(2) “Energy Commission” means the State Energy Resources Conservation and Development Commission.
(3) “Local educational agency” means any of the following:
(A) A school district, county office of education, or charter school, excluding a charter school classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5 of the Education Code, with ownership of title for a schoolbus or schoolbuses.
(B) A school district or charter school, excluding a charter school classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5 of the Education Code, that contracts with a county office of education or private contractor for the maintenance and operation of its schoolbuses.
(C) A
county office of education that contracts with a private contractor for maintenance and operation of its schoolbuses.
(D) A joint powers authority currently operating home-to-school transportation programs on behalf of school districts, county offices of education, or charter schools, excluding charter schools classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5 of the Education Code.
(4) “Rural school district” means a school district with a school with a locale code of 31, 32, 33, 41, 42, or 43, as classified by the National Center for Education Statistics.
(5) “Small school district” means a school district with fewer than 2,501 units of average daily attendance using the most recently reported annual data in the
California Longitudinal Pupil Attendance Data System.
(p)
(o) If a participating charter school acquires a schoolbus pursuant to this section and the charter school subsequently ceases operation, the schoolbus shall be made available to the State Air Resources Board for reallocation to other eligible local educational agencies.
(q)
(p) For
purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by paragraphs (1) and (2) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2021–22 fiscal year.
(r)
(q) The provisions of this
section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 63.
Section 126 of Chapter 52 of the Statutes of 2022 is amended to read:Sec. 126.
(a) (1) The sum of fifteen million dollars ($15,000,000) is hereby appropriated to the Commission on Teacher Credentialing for the Mathematics Instructional Added Authorization and Reading and Literacy Supplementary Authorization Incentive Grant Program to support the preparation of credentialed teachers to earn(2) The commission shall approve applications submitted by local educational agencies that meet the criteria established by the commission pursuant to subparagraph (A) of paragraph (4). To the extent that funds are available, the commission shall allocate funds to participating local educational agencies for each approved application.
(3) A participating teacher is eligible to receive an award of up to two six thousand five hundred
dollars ($2,500) ($6,000) from the Mathematics Instructional Added Authorization and Reading and Literacy Supplementary Authorization Incentive Grant Program.
(4) The commission shall do all of the following:
(A) Establish grant criteria for local educational agencies.
(B) Issue a request for proposals to all local educational agencies to solicit applications for funding.
(C) Accept grant applications from participating local educational agencies until funds are fully expended.
(D) Review applications and verify that each proposed participant teacher holds a valid credential.
(E) Allocate grants to participating local educational agencies for the purpose of paying the teacher costs of coursework, books, fees, and tuition, as applicable.
(F) Give priority to grant applications for teachers that provide instruction at an eligible schoolsite.
(5) In selecting grant recipients, the commission shall require each applicant to, at a minimum, do all of the following:
(A) Identify the teachers employed by the local educational agency who have been
selected to participate in the incentive grant program.
(B) Identify the number of coursework credits required for each selected teacher to earn a supplementary
an authorization in mathematics or reading and literacy.
(C) Provide an estimated cost for the required coursework, books, fees, tuition, and release time, as applicable.
(D) Provide a 100-percent
match of grant funding in the form of one or both of the following:
(i) One dollar ($1) for every one dollar ($1) Cash equal to one-third of grant funding received that is to be used in a manner consistent with allowable grant costs described in paragraph (3).
(ii) An in-kind match of release time or substitute teacher costs for the participating teacher.
(6) The awards allocated pursuant to this section shall not be subject to local educational agency indirect costs.
(7) On or before April 1 of each year until the fiscal year following final
disbursement of the grant funds, the commission shall report to the fiscal committees of the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the program, including, but not limited to, the number of participating local educational agencies, the number of grants issued, and the number of mathematics instructional added authorizations and reading and literacy supplementary authorizations issued. The report shall be submitted in compliance with Section 9795 of the Government Code.
(b) For purposes of this section, the following definitions apply:
(1) “Commission” means the Commission on Teacher Credentialing.
(2) “Local educational agency” means a school district, county office of
education, county superintendent of schools, state-operated education program, including a state special school, an education program providing instruction in kindergarten or any of grades 1 to 12, inclusive, that is offered by a state agency, including the Department of Youth and Community Restoration and the State Department of Developmental Services, or a regional occupational center or program operated by a joint powers authority or county office of education.
(3) “Eligible schoolsite” means a schoolsite operated by a local educational agency with an unduplicated pupil percentage for pupils enrolled in kindergarten and grades 1 to 6, inclusive, based on 2021–22 census day pupil data, that is in the highest 10 percent in the state of all schoolsites with either kindergarten or any other of the grades 1 to 6, inclusive. The unduplicated pupil percentage shall be calculated by the sum of the number of unduplicated pupils that are eligible for
free and reduced-price meals, classified as English language learners, or that are foster youth, divided by each schoolsite’s total enrollment. The Superintendent of Public Instruction shall develop a list of eligible schoolsites, and provide that list to the commission no later than September 1, 2022, for purposes of administering the program.
(4) “Schoolsite” means any school of a local educational agency serving pupils in a classroom setting.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2021–22 fiscal year.
SEC. 64.
Section 132 of Chapter 52 of the Statutes of 2022, as amended by Section 100 of Chapter 48 of the Statutes of 2023, is amended to read:Sec. 132.
(a) The sum of six hundred million dollars ($600,000,000) is hereby appropriated from the General Fund to the State Department of Education for allocation to local educational agencies to expend on kitchen infrastructure upgrades that will increase a school’s capacity to prepare meals served through a federal school meal program, including for freshly prepared onsite meals, to serve fresh and nutritious school meals using minimally processed, locally grown, and sustainable food, or for expanding meal options for pupils with restricted diets. Funds allocated to eligible local educational agencies shall be encumbered no later than June 30,(b) (1) Of the total amount appropriated under subdivision (a), each eligible local educational agency may receive a base allocation of one hundred thousand dollars ($100,000).
(2) After allocations are made pursuant to paragraph (1), 50 percent of the remaining funds shall be allocated proportionally to local educational agencies based on the number of reimbursable meals served in October 2021 by the local educational agency.
(3) Allowable uses of funds allocated pursuant to paragraphs (1) and (2) to increase a school’s capacity to prepare meals and improve the nutritional quality of food served through a federal school meal program and to reduce waste include all of the following:
(A) Cooking equipment, including, but not limited
to, electrical support and facility upgrade requirements, combination ovens, dishwashers, steamers, or tilting skillets.
(B) Service equipment, including, but not limited to, service lines, point-of-sale systems, liquid beverage dispensers, reusable utensils, food trays, and cups, or mobile carts.
(C) Refrigeration and storage, including, but not limited to, system upgrades, walk-in refrigerators, freezers, or blast chillers.
(D) Transportation of ingredients, meals, and equipment between sites, including, but not limited to, vehicles and equipment to prevent spoilage of food in transit.
(E) Supporting infrastructure system needs for items described in subparagraphs (A) to (D), inclusive.
(F) Training and professional development for local educational agency food service staff on expanding meal offerings, including, but not limited to, breakfast and supper, and promoting nutritious foods, which may include training on minimally processed, freshly prepared onsite meals, locally and sustainably grown foods, plant-based foods, restricted diet foods, food preparation, healthy food marketing, reducing food waste, and changing the school lunchroom environment.
(G) To provide additional compensation for additional work relating to serving universal school meals that may include minimally processed, locally and sustainably grown foods, a plant-based or restricted diet food option, or a plant-based milk option.
(4) When acquiring new cooking equipment pursuant to paragraph (3), local educational agencies receiving funds are encouraged, to the extent
practicable, to acquire energy-saving electric and induction equipment rather than equipment that uses fossil fuels.
(5) (A) After allocations are made pursuant to paragraphs (1) to (3), inclusive, the remaining funds may be allocated to local educational agencies for planning and implementation of facility improvements and equipment upgrades to increase capacity for freshly prepared onsite meal preparation. Allowable uses for this funding shall include the allowable uses described in paragraph (3), as well as costs for planning and costs associated with implementing freshly prepared onsite preparation of reimbursable school meals, serving fresh and nutritious reimbursable school meals using California-grown food, or expanding reimbursable meal options for pupils with restricted diets.
(B) To be eligible for funding under this paragraph, a local educational
agency shall attest that no less than 40 percent of reimbursable federal National School Lunch Program and federal School Breakfast Program meals, including the entree, prepared each week, beginning in the 2023–24 school year, shall be freshly prepared onsite meals.
(C) Allocation of funds pursuant to subparagraph (A) shall be proportionate based on the number of reimbursable meals served in October 2021 by the local educational agency.
(c) The State Department of Education shall coordinate with the Department of Food and Agriculture to identify ways by which funding for freshly prepared onsite reimbursable meals may complement local educational agency programs enabled by California Farm to School Incubator Grants.
(d) As a condition of receiving funding pursuant to subdivisions (a) and (b), each local educational
agency shall report to the State Department of Education, on or before June 30, 2025, 2026, on how it used the funding to improve the quality of school meals, increased participation in subsidized school meal programs, and, if applicable, increased the capacity for freshly prepared onsite meals.
(e) For purposes of this section, the following definitions apply:
(1) “Federal school meal program” means the federal National School Lunch Program, the federal School Breakfast Program, the Seamless Summer Option, or the Summer Food Service Program.
(2) “Food service staff” means a person employed on a full-time or part-time basis as a
classified school employee by a local educational agency.
(3) “Freshly prepared onsite meal” means food service in which the preparation of meals takes place on a daily basis at the site of consumption or in the local educational agency’s central kitchen, using whole ingredients in their most basic, minimally processed form, or cooking or preparing both fresh, raw, whole ingredients and ready-made products. The State Department of Education, in the reasonable exercise of its discretion, may interpret this definition and provide guidance to local educational agencies to support the implementation of this section, consistent with the intent of this section.
(4) “Local educational agency” means a school district, county office of education, or charter school participating in the federal School Breakfast Program or the federal National School Lunch Program.
(5) “Nutritious” means, at a minimum, foods that align with the federal and state standards for meals served through the federal National School Lunch Program and the federal School Breakfast Program, and as further defined for purposes of Section 49531 of the Education Code.
(6) “Plant-based food option” means a food that contains no animal products or byproducts, including meat, poultry, fish, dairy, or eggs, and that is recognized by the United States Department of Agriculture as a meat alternate for purposes of the federal National School Lunch Program.
(7) “Restricted diet food option” means a food prepared in response to a pupil with at least one dietary restriction, including, but not limited to, religious dietary restrictions or restrictions prescribed by a physician.
(f) It is the intent of the Legislature that pupils be provided fresh and nutritious meals using minimally processed, locally grown, and sustainable food, and be provided meal options for those pupils with restricted diets.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2021–22 fiscal year.
SEC. 65.
Section 108 of Chapter 48 of the Statutes of 2023 is amended to read:Sec. 108.
The Commission on Teacher Credentialing shall exempt a credential candidate who received a waiver pursuant to Executive Order N-66-20, Section 67 of Chapter 110 of the Statutes of 2020, or Section 120 of Chapter 44 of the Statutes of 2021 from the requirement, and any accompanying regulations, of completing a teaching performance assessment pursuant to subdivision (a) of Section 44225, paragraph (3) of subdivision (b) of Section 44259, and Section 44320.2 of the Education Code and a reading instruction competence assessment pursuant to subdivision (a) of Section 44225, paragraph (4) of subdivision (b) of Section 44259, and Section 44283 of the Education Code for preliminary multiple subject credential candidates and preliminary single subject credential candidates if either or both of the following criteria is met:(a) The candidate completed a commission-approved induction program on or before June 30, 2025. 2026.
(b) The candidate completed two years of service with satisfactory teacher evaluations on or before June 30, 2025. 2026.
SEC. 66.
Item 6100-001-0001 of Section 2.00 of the Budget Act of 2024 is amended to read:6100-001-0001—For support of State Department of Education
........................
| 130,339,000 | ||||||
Schedule: | |||||||
| (1) | 5205010-Curriculum Services
........................
| 96,159,000 | |||||
| (1.5) | 5210048-After School Programs
........................
| 1,850,000 | |||||
| (2) | 5210066-Special Program Support
........................
| 45,407,000 | |||||
| (3) | 9900100-Administration
........................
| 63,290,000 | |||||
| (4) | 9900200-Administration—Distributed
........................
| −63,290,000 | |||||
| (5) | Reimbursements to 5205010-Curriculum Services
........................
| −12,016,000 | |||||
| (6) | Reimbursements to 5210066-Special Program Support
........................
| −1,061,000 | |||||
Provisions: | |||||||
| 1. | Notwithstanding Section 33190 of the Education Code or any other law, the State Department of Education shall not expend funds to prepare a statewide summary of pupil performance on school district proficiency assessments or a compilation of information on private schools with five or fewer pupils. | ||||||
| 2. | Funds appropriated in this item may be expended or encumbered to make one or more payments under a personal services contract of a visiting educator pursuant to Section 19050.8 of the Government Code, a long-term special consultant services contract, or an employment contract between an entity that is not a state agency and a person who is under the direct or daily supervision of a state agency, only if all of the following conditions are met: | ||||||
| (a) | The person providing service under the contract provides full financial disclosure to the Fair Political Practices Commission in accordance with the rules and regulations of the commission. | ||||||
| (b) | The service provided under the contract does not result in the displacement of any represented civil service employee. | ||||||
| (c) | The rate of compensation for salary and health benefits for the person providing service under the contract does not exceed by more than 10 percent the current rate of compensation for salary and health benefits determined by the Department of Human Resources for civil service personnel in a comparable position. The payment of any other compensation or any reimbursement for travel or per diem expenses shall be in accordance with the State Administrative Manual and the rules and regulations
of the California Victim Compensation Board. | ||||||
| 3. | The funds appropriated in this item shall not be expended for the development or dissemination of program advisories, including, but not limited to, program advisories on the subject areas of reading, writing, and mathematics, unless explicitly authorized by the State Board of Education. | ||||||
| 4. | Of the funds appropriated in this item, $206,000 shall be available as matching funds for the Department of Corrections and Rehabilitation to provide coordinated services to disabled pupils. | ||||||
| 5. | By October 31 of each year, the State Department of Education shall provide to the Department of Finance a file of all charter school average daily attendance (ADA) and state and local revenue associated with charter school general purpose entitlements as part of the P2 Local Control Funding Formula File. By March 1 of each year, the State Department of Education shall provide to the Department of Finance a file of all charter school ADA and state and local revenue associated with charter school general purpose entitlements as part of the P1 Local Control Funding Formula File. It is the expectation that such reports will be provided annually. | ||||||
| 6. | On or before April 15 of each year, the State Department of Education shall provide to the Department of Finance an electronic file that
includes complete district- and county-level state appropriations limit information reported to the State Department of Education. The State Department of Education shall make every effort to ensure that all districts have submitted the necessary information requested on the relevant reporting forms. | ||||||
| 7. | The State Department of Education shall make information available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31, March 31, and May 31 of each year regarding the amount of Proposition 98 savings estimated to be available for reversion by June 30 of that year. | ||||||
| 8. | Reimbursement expenditures pursuant to this item resulting from the imposition by the State Department of Education of a commercial copyright fee shall not be expended sooner than 30 days after the State Department of Education submits to the Department of Finance a legal opinion affirming the authority to impose such fees and the arguments supporting that position against any objections or legal challenges to the fee filed with the State Department of Education. Any funds received pursuant to imposition of a commercial copyright fee may only be expended as necessary for outside counsel contingent on a certification of the Superintendent of Public Instruction that sufficient expertise is not available within departmental legal staff. The State Department of Education shall not expend greater than $300,000 for such purposes without first notifying the Department of Finance of the necessity therefor, and upon receiving approval in writing. | ||||||
| 9. | Of the funds appropriated in this item, up to $1,011,000 is available for dispute resolution services, including mediation and fair hearing services, provided through contract for special education programs. | ||||||
| 10. | Of the reimbursement funds appropriated in this item, at least $612,000 is provided to the State Department of Education for the oversight of State Board of Education-authorized charter schools. The Department of Finance may administratively establish up to 2.0 positions for this purpose as workload materializes. | ||||||
| 11. | Of
the funds appropriated in this item, at least $109,000 shall be for 1.0 position within the State Department of Education to support activities associated with the Clean Energy Job Creation Fund. | ||||||
| 12. | Of the amount appropriated in this item, at least $852,000 and 6.0 positions are provided to support the Local Control Funding Formula administration pursuant to Chapter 47 of the Statutes of 2013. These funds and positions shall be used by the State Department of Education to support the apportionment of, and fiscal oversight of, funding pursuant to the Local Control Funding Formula. | ||||||
| 13. | Of the funds appropriated in this item, at least $115,000 and 1.0 position
shall be available for the State Department of Education to support activities associated with charter school appeals as required under subdivision (k) of Section 47605 of the Education Code. | ||||||
| 14. | Of the funds appropriated in this item, at least $1,140,000 and 8.0 positions are provided to support the implementation of the Local Control Funding Formula accountability system pursuant to Chapter 47 of the Statutes of 2013. | ||||||
| 15. | Of the funds appropriated in this item, at least $120,000 and 1.0 permanent position are provided to support implementation of the Local Control Funding Formula, such as providing unduplicated pupil counts, matching foster data received from
the State Department of Social Services, and meeting foster youth reporting requirements. | ||||||
| 16. | Of the funds appropriated in this item, $271,000 and 2.0 positions are provided to continue the development and maintenance of the state and federal accountability systems. | ||||||
| 17. | Of the funds appropriated in this item, $129,000 is provided to support 1.0 existing position for workload associated with school district reorganizations. | ||||||
| 18. | Of the funds appropriated in this item, $108,000 is provided
to support 1.0 existing position to assist local educational agencies applying for a universal meal service program, pursuant to Chapter 724 of the Statutes of 2017. | ||||||
| 19. | Of the funds appropriated in this item, $128,000 is provided to support 1.0 existing position to complete additional education equity compliance reviews, pursuant to Chapter 493 of the Statutes of 2017. | ||||||
| 20. | Of the funds appropriated in Schedule (1), $252,000 shall be used to support the development and maintenance of a computer-based English Language Proficiency Assessment for California (ELPAC) and a computer-based alternative ELPAC for students with disabilities. | ||||||
| 21. | Of the funds appropriated in this item, $257,000 is provided to support 2.0 existing positions for the coordination of a centralized Uniform Complaint Procedures process and database to improve the administration and resolution of Uniform Complaint Procedures complaints and appeals received by the State Department of Education; to standardize Uniform Complaint Procedures policies, procedures, and templates departmentwide; and to provide a report by January 31 of each year with a summary of the number of days for completion of appeals by complaint type and program area, including the rationale for complaints that exceeded 60 days. | ||||||
| 22. | Of the funds appropriated in this item, $117,000 is
to support activities associated with data collection and reporting required under the District of Choice program. | ||||||
| 23. | Of the funds appropriated in this item, $600,000 is provided to support 2.0 existing positions and workload related to school-based comprehensive sexual health education. | ||||||
| 24. | Of the funds appropriated in this item, $105,000 and 1.0 position are to support increases in emergency average daily attendance waiver requests. | ||||||
| 25. | Of the funds appropriated in this item, $452,000
is provided for 3.0 positions to support compliance workload within the State Department of Education’s Special Education Division. | ||||||
| 26. | Of the funds appropriated in this item, at least $275,000 and 2.0 positions are provided to support the Career Technical Education Incentive Grant Program and the K–12 component of the Strong Workforce Program. Availability of these funds is contingent upon the State Department of Education fully supporting no fewer than 6.0 full-time regional program consultants in agricultural career technical education in the Agricultural Education Unit of the Career and College Transition Division using federal Perkins V Act funding. If the State Department of Education is unable to support at least 6.0 full-time regional program consultants in agricultural career technical education with federal Perkins V Act
funding, $142,000 and 1.0 position provided in this item to support the Career Technical Education Incentive Grant Program and the K–12 component of the Strong Workforce Program shall be redirected for that purpose. As a condition of receiving this funding, the State Department of Education shall make information available to the Department of Finance, the Legislative Analyst’s Office, and the budget committees of each house of the Legislature by October 31 of each fiscal year regarding the split of the federal Perkins V Act funding between the State Department of Education and the Chancellor’s Office of the California Community Colleges. This information shall include, but is not limited to, the maximum set-asides allowable for state administration and state leadership activities, the minimum amount required for local program distribution, as well as a breakdown of how the State Department of Education is utilizing the funds in each category. | ||||||
| 27. | Of the funds appropriated in this item, $303,000 is provided to support 2.0 positions for the joint interagency resolution team and foster youth coordinated services pursuant to Chapter 815 of the Statutes of 2018. | ||||||
| 28. | Of the funds appropriated in this item, $77,000 is provided to support 0.5 existing position to update existing, and develop new, resources and strategies, and in-service teacher training to support lesbian, gay, bisexual, transgender, queer, and questioning students, pursuant to Chapter 775 of the Statutes of 2019. | ||||||
| 29. | Of the funds
appropriated in this item, $77,000 is provided to support 1.0 position to provide appropriate language access in American Sign Language. | ||||||
| 30. | Of the funds appropriated in this item, $696,000 and 3.0 positions are available for the department to collect data to track the implementation of the changes for charter school petitions and renewals, pursuant to Chapter 486 of the Statutes of 2019. | ||||||
| 31. | Of the amount provided in this item, $192,000 reimbursements are provided on an ongoing basis to support the administration of the California High School Proficiency Examination. | ||||||
| 32. | Of the funds appropriated in this item, $264,000 and 2.0 positions are provided to establish a state education disaster team to support activities related to disaster planning, preparedness, and response for schools as part of California’s Disaster Preparedness, Response, and Recovery efforts. | ||||||
| 33. | Of the amount appropriated in this item, $336,000 and 3.0 positions are available to support new ongoing workload for the School Fiscal Services Division related to deferrals and average daily attendance changes pursuant to Chapter 24 of the Statutes of 2020. | ||||||
| 34. | Of the amount
appropriated in this item, $136,000 and 1.0 position are provided to support workload related to creating a school emergency reporting system. | ||||||
| 35. | Of the amount appropriated in this item, $12,598,000 is provided to support 52.8 existing positions in the Nutrition Services Division, and 30.0 positions in the Early Education Division to support remaining early learning workload after the transition of childcare programs to the State Department of Social Services. | ||||||
| 36. | Of the funds appropriated in this item, $376,000 and 3.0 positions are provided to support increased workload in the Accounting Office. | ||||||
| 38. | Of the funds appropriated in Schedule (1), $3,403,000 is provided to support existing authorized administrative positions. | ||||||
| 39. | Of the funds appropriated in Schedule (2), $2,960,000 is provided to support existing authorized administrative positions. | ||||||
| 40. | Of the funds appropriated in Schedule (1), $700,000 is provided to support 5.0 new positions and 1.0 existing position for the State Department of Education to establish the Office of School-Based Health. | ||||||
| 41. | Of the funds appropriated in this item, $250,000 and 1.0 permanent position are provided to establish the California Computer Science Coordinator. The coordinator shall provide statewide coordination in implementing the computer science content standards developed pursuant to Section 60605.4 of the Education Code and lead the implementation of the computer science strategic implementation plan adopted by the State Board of Education. | ||||||
| 42. | Of the funds appropriated in Schedule (2), $425,000 and 2.5 positions are available to support workload associated with expanded Transitional Kindergarten programs. | ||||||
| 43. | Of the funds appropriated in Schedule (2), $437,000 and 3.0 positions are available to support early learning workload in the Child Development and Nutrition Fiscal Services Division. | ||||||
| 44. | Of the funds appropriated in Schedule (2), $1,670,000 and 3.0 positions are available to support early learning workload in the Early Education Division. | ||||||
| 45. | Of the funds appropriated in Schedule (2), $2,583,000 and 11.7 positions are provided to support early learning workload. | ||||||
| 46. | Of the funds appropriated in Schedule (1), $143,000 and 1.0 position are available for a Medi-Cal billing coordinator to serve as a liaison with the State Department of Health Care Services, stakeholders, and others with respect to Medi-Cal billing options, the school-based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment Benefits. | ||||||
| 47. | Of the funds appropriated in Schedule (1), $467,000 and 4.0 positions are provided for the School Fiscal Services Division to support workload related to state apportionment calculations, review of average daily attendance waivers, technical assistance, and implementation of grant programs. | ||||||
| 48. | Of the amount appropriated in this item, $1,653,000 and 14.0 positions are provided for the Expanded Learning Division to provide students in classroom-based instructional programs with access to comprehensive after school and intersessional expanded learning opportunities. | ||||||
| 49. | Of the funds appropriated in this item, $130,000 and 1.0 position is provided to support implementation of the Standardized Account Code Structure web-based application. | ||||||
| 50. | Of the amount appropriated in this item, at least $286,000 and 2.0 positions are provided to support professional development
programs, including, but not limited to, the National Board Certification Incentive Grant, the Educator Effectiveness Block Grant, Professional Development on Social Emotional Learning and Trauma Informed Practices, Professional Development for Reading Instruction and Intervention, Training for Youth Mental and Behavioral Health, and other teacher professional development. | ||||||
| 51. | Of the funds appropriated in this item, $286,000 and 2.0 positions are provided to support the implementation of the universal school meals program. | ||||||
| 52. | Of the funds appropriated in this item, $561,000 and 4.0 positions are provided to the School Fiscal Services Division for work related
to the Expanded Learning and Transitional Kindergarten Programs. | ||||||
| 53. | Of the funds appropriated in this item, $425,000 and 3.0 positions are provided for additional new formula-driven program implementation. | ||||||
| 54. | Of the funds appropriated in this item, $155,000 and 1.0 position are provided to the Technology Services Division for Transitional Kindergarten average daily attendance data collection. | ||||||
| 55. | Of the funds appropriated in this item, $742,000 and 5.0 positions are provided to support
the Community Schools Partnership Grant Program. | ||||||
| 56. | Of the funds appropriated in this item, $143,000 and 1.0 position are provided to support the California Healthy Kids Survey and social-emotional learning professional development. | ||||||
| 57. | Of the funds appropriated in this item, $143,000 and 1.0 position are provided for the Early Education Division to address increased workload in the California State Preschool Program. | ||||||
| 58. | Of the funds appropriated in this item, $130,000 and 1.0 position
are provided for the Fiscal and Administrative Services Division to address increased workload in the California State Preschool Program. | ||||||
| 61. | Of the funds appropriated in Schedule (1), $201,000 is provided for 2.0 positions in the Office of School Transportation. | ||||||
| 62. | Of the funds appropriated in Schedule (1), $161,000 and 1.0 position are provided to support the Supporting Inclusive Practices Grant. | ||||||
| 63. | Of the funds appropriated in Schedule (1), $690,000 and 5.0 positions are provided to
improve transitions from Part C Early Intervention Services to Part B Special Education Services. | ||||||
| 64. | Of the funds appropriated in Schedule (1), $266,000 and 2.0 positions are available to support increased departmental information technology needs and workload. | ||||||
| 65. | Of the funds appropriated in Schedule (1), $1,022,000 and 6.0 positions are available to support departmental information security infrastructure. | ||||||
| 66. | Of the funds appropriated in Schedule (1), $161,000 and 1.0 position are
provided through fiscal year 2024–25 to support implementation of the Dual Language Immersion Grant Program. | ||||||
| 67. | Of the funds appropriated in Schedule (1), $1,702,000 and 9.0 positions are provided to support implementation and ongoing workload for the Cradle-to-Career Data System. | ||||||
| 69. | Of the funds appropriated in Schedule (1), $383,000 and 3.0 positions are provided to the Budget Management Office to effectively support new and expanded programs and address increased workload due to Fi$Cal implementation. | ||||||
| 70. | Of the amount appropriated in this item, $159,000 and 1.0 position are provided to coordinate improved access to early intervention services for children prior to entering kindergarten. | ||||||
| 71. | Of the amount appropriated in this item, $458,000 and 3.0 positions are provided to support the implementation of Chapter 498 of the Statutes of 2021 (AB 1363). | ||||||
| 72. | Of the amount appropriated in this item, $633,000 and 4.0 positions are provided for the programmatic monitoring of the California State Preschool Program. | ||||||
| 73. | Of the amount appropriated in this item, $119,000 and 1.0 position are appropriated for the fiscal monitoring of the California State Preschool Program. | ||||||
| 74. | Of the amount appropriated in this item, $436,000 and 2.5 positions are provided to support the implementation of Universal Transitional Kindergarten. | ||||||
| 75. | Of the funds appropriated in this item, $90,000 and 0.5 position are provided to support fiscal compliance monitoring reviews of program funds. | ||||||
| 76. | Of the funds appropriated in this item, $122,000 and 1.0 position are provided to support fund reconciliation workload. | ||||||
| 77. | Of the funds appropriated in this item, 1.0 position is provided to support an increase in legal workload related to new and expanded programs including Universal Transitional Kindergarten and the California State Preschool Program. | ||||||
| 78. | Of the funds appropriated in this item, $167,000 is provided for Zoom licenses to host webinars and online meetings. | ||||||
| 81. | Of the funds appropriated in this item, $350,000 and 2.0 positions are provided to support increased workload related to operating the information technology systems used by the State Department of Education’s early education programs. | ||||||
| 82. | Of the funds appropriated in this item, $276,000 and 2.0 positions are provided to incorporate early identification for learning disabilities into the State Department of Education’s preschool assessment tools, and to provide training for educators on effective use of those tools. | ||||||
| 83. | Of the funds appropriated in this item, $612,000 and 4.0 positions are provided to support increased workload related
to administering the Inclusive Early Education Expansion Program. | ||||||
| 84. | Of the funds appropriated in this item, $769,000 and 5.0 positions are provided to support increased workload related to revising California State Preschool Program policies. | ||||||
| 85. | Of the funds appropriated in this item, $356,000 and 2.5 positions are provided to support workload associated with expanded Transitional Kindergarten programs. | ||||||
| 87. | Of the amount provided in this item, $75,000 reimbursements is provided
through the 2026–27 fiscal year for state operations support of Fresno Unified School District in facilitation of grant funds from the Wallace Foundation. | ||||||
| 88. | Of the funds appropriated in this item, $161,000 and 1.0 position are provided to support the development and expansion of California Science Test (CAST) and the California Alternate Assessment (CAA) for Science within the Assessment Development and Administration Division. | ||||||
| 89. | Of the funds appropriated in this item, $161,000 and 1.0 position are provided to support the development and expansion of English Language Proficiency Assessments for California (ELPAC) and the California Spanish Assessment (CSA)
within the Assessment Development and Administration Division. | ||||||
| 90. | Of the funds appropriated in this item, $140,000 is provided through June 30, 2027, to provide technical assistance and support to local educational agencies in hiring and training literacy coaches and reading specialists through the Literacy Coaches and Reading Specialists Grant Program, pursuant to Chapter 52 of the Statutes of 2022. | ||||||
| 92. | Of the amount provided in this item, $500,000 reimbursements are provided annually through the 2024–25 fiscal year to accommodate increased collection of nonpublic school certification fees. | ||||||
| 93. | Of the funds appropriated in Schedule (1), $1,069,000 and 8.0 positions are provided to the School Fiscal Services Division for workload related to the Local Control Funding Formula declining enrollment protection proposal, AB 602 Special Education formula changes, and other fiscal-related workload for new programs. | ||||||
| 94. | Of the funds appropriated in Schedule (1), $250,000 is available to the Superintendent of Public Instruction for fiscal oversight of county offices of education and the seven school districts in the state that share the same governing board as their county office of education for the services of a fiscal expert or adviser pursuant to Section 1630 of the Education Code. The State Department of Education
shall notify and receive approval from the Director of Finance in advance of retaining the services of a fiscal expert or fiscal adviser. | ||||||
| 95. | Of the funds appropriated in this item, $150,000 and 1.0 position are provided to the School Health and Safety Office to support LGBTQ+ initiatives and best practices. | ||||||
| 96. | Of the funds appropriated in Schedule (1), $160,000 is provided for Education Commission of the States membership dues. | ||||||
| 97. | Of the funds appropriated in Schedule (1), $1,232,000
and 8.0 positions are provided to the Analysis, Measurement, and Accountability Reporting Division to establish a Data Science Office for the purposes of collecting new one-time or short-term data, providing contextual analysis to measure priority initiatives and programs, and providing timely data and information directly to policy makers including the State Board of Education and the Joint Legislative Budget Committee within 30 days. | ||||||
| 98. | Of the funds appropriated in Schedule (1), $82,000 is provided in the 2024–25 fiscal year to implement the migrant education extended school year program pursuant to Chapter 483 of the Statutes of 2022. | ||||||
| 99. | Of the funds
appropriated in this item, $3,276,000 is available in fiscal years 2024–25 and 2025–26, for the State Department of Education to contract with a vendor to provide direct deposit to State Preschool contractors, beginning November 1, 2023. Contracts awarded pursuant to this provision shall allow for advance payment, and the department is hereby authorized to provide advance payment in order to implement direct deposit to State Preschool contractors. Contracts awarded pursuant to this provision shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. For purposes of this provision, 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. Funds provided pursuant to this provision are
available for encumbrance through June 30, 2026. | ||||||
| 101. | Of the funds appropriated in Schedule (2), $152,000 and 1.0 position are provided to support workload associated with the Quality Rating and Improvement System (QRIS) Block Grant. | ||||||
| 102. | Of the funds appropriated in Schedule (2), $645,000 and 3.0 positions are provided to support workload related to implementing Classroom Assessments Scoring System (CLASS) for all California State Preschool Program (CSPP) providers. | ||||||
| 103. | Of the funds
appropriated in Schedule (2), $740,000 and 5.0 positions are provided to support workload associated with implementing the requirements of Chapter 915 of the Statutes of 2022 which revised provisions related to the suspension and expulsion of children from the CSPP and increased the requirements for early childhood mental health consultation services. | ||||||
| 104. | Of the funds appropriated in Schedule (2), $3,932,000 and 9.0 positions are provided to support workload associated with collecting student and teacher level data from California State Preschool Programs (CSPPs) that are operated by a local educational agency pursuant to Chapter 901 of the Statutes of 2022. | ||||||
| 105. | Of the funds provided in Schedule (2), $449,000 is provided in fiscal year 2024‒25 and 3.0 positions, and $164,000 ongoing to support the development of the Whole Child Equity Framework and the Whole Child Community Equity Screening Tool, pursuant to Chapter 699, of Statutes of 2022. | ||||||
| 106. | Of the funds appropriated in this item, $138,000 and 1.0 position are provided to the Office of School Transportation for the data processing workload associated with the Home-to-School Transportation program. | ||||||
| 107. | Of the funds appropriated in this item, $164,000 General Fund and 1.0 position are provided to the School Fiscal Services Division for the
additional data processing workload associated with the Home-to-School Transportation program. | ||||||
| 108. | Of the funds appropriated in this item, $1,316,000 and 7.0 positions are provided to support improved Teacher Assignment Monitoring Outcomes data collection and reporting through the California Longitudinal Pupil Achievement Data System and partnership with the Commission on Teacher Credentialing and the California Statewide Assignment Accountability System. | ||||||
| 109. | Of the funds appropriated in this item, $300,000 and 2.0 positions are provided to Analysis, Measurement and Accountability Reporting Division for workload related to the California School Dashboard
state indicator data and the timelines associated with the collection of data through the California Longitudinal Pupil Achievement Data System. | ||||||
| 110. | Of the funds appropriated in Schedule (1), $473,000 and 3.0 positions are provided to the School Fiscal Services and Analysis, Measurement and Accountability Reporting Divisions, for workload related to the implementation of Proposition 28, and schoolsite level data collection workload related to the Equity Multiplier allocation. | ||||||
| 111. | Of the funds appropriated in Schedule (1), $3,391,000 is available in the 2024‒25 fiscal year exclusively for the information technology infrastructure at the State Special Schools
and Diagnostic Centers, of which $380,000 is available on an ongoing basis for warranty support for network equipment and to upgrade server software. One-time costs shall include the replacement of server infrastructure and the replacement of devices and software for students and staff at the State Special Schools and Diagnostic Centers. | ||||||
| 112. | Of the reimbursement funds appropriated in Schedule (5), $3,631,000 is provided on an ongoing basis for administrative costs incurred by the State Department of Education for the implementation of the School Facility Program. | ||||||
| 113. | Of the funds appropriated in Schedule (5), $152,000 is provided to support the State Department of Education’s Broadband Coordinator position. | ||||||
| 114. | Of the amount provided in this item, $19,000 in reimbursements is provided in the 2024–25 fiscal year to support the Preschool Development Grant. | ||||||
| 115. | Of the amount appropriated in Schedule (1), $321,000 and 2.0 positions are available to support new ongoing workload associated with the implementation of Chapter 342 of the Statutes of 2023. | ||||||
| 116. | Of the amount appropriated in Schedule (1), $392,000 and 2.0 positions are available to support new ongoing workload associated with the implementation of Chapter 229 of the Statutes of 2023. | ||||||
| 117. | Of the funds appropriated in Schedule (1), $770,000 is available on a one-time basis to support costs associated with developing an online training delivery platform and curriculum to support lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ+) cultural competencies for teachers and other certificated employees in grades 7 through 12 by July 1, 2025, pursuant to Chapter 220 of the Statutes of 2023. Funds provided pursuant to this provision are available for encumbrance through June 30, 2030. | ||||||
| 118. | Of the funds appropriated in Schedule (1), $102,000 is available for fiscal year 2024–25 and 2025-26 to support 1.0 existing position to convene the Classified Employee Staffing Ratio Workgroup, pursuant to Chapter 364 of the Statutes of 2023. | ||||||
| 119. | Of the amount appropriated in Schedule (2), $185,000 is provided in fiscal year 2024–25 and 1.0 position, and $182,000 ongoing to support new ongoing workload associated with the implementation of Chapter 435 of the Statutes of 2023. | ||||||
| 120. | Of the amount appropriated in Schedule (1), $148,000 is available on a one-time basis for state administrative expenses related to creating and publishing a standardized incident form pursuant to Chapter 366 of the Statutes of 2023. | ||||||
SEC. 67.
Section 110 of Chapter 38 of the Statutes of 2024, as amended by Section 38 of Chapter 998 of the Statutes of 2024, is amended to read:Sec. 110.
(a) (1) Notwithstanding any other law, the funds appropriated pursuant to Items 6100-158-0001 and 6100-161-0001 of Section 2.00 of the Budget Act of 2021 (Chs. 21, 69, and 240, Stats. 2021) shall be available for liquidation until July 31, 2024. This one-month extension of liquidation authority is provided due to the effect of the deferral of the June 2024 principal apportionment on the budget items specified in this section.(2) It is the intent of the Legislature that, by extending the liquidation authority for the funds identified in this section to July 31, 2024, the funds will be treated in a manner consistent with Section 1.80 of the Budget Act of 2021.
(b) (1) Notwithstanding any other law, the funds appropriated pursuant to Items 6100-158-0001
6100-110-0001, 6100-158-0001, and 6100-161-0001 of Section 2.00 of the Budget Act of 2022 (Chs. 43, 45, and 249, Stats. 2022) shall be available for liquidation until July 31, 2025. This one-month extension of liquidation authority is provided due to the effect of the deferral of the June 2025 principal apportionment on the budget items specified in this section.
(2) It is the intent of the Legislature that, by extending the liquidation authority for the funds identified in this section to July 31, 2025, the funds will be treated in a manner consistent with Section 1.80 of the Budget Act of 2022.
SEC. 68.
Section 112 of Chapter 38 of the Statutes of 2024 is repealed.(a)(1)The sum of four million dollars ($4,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to select a county office of education, subject to the approval of the executive director of the State Board of Education, to research high-quality, data-supported models of hybrid and remote learning at public schools across the state and provide guidance, support, and resources to local educational agencies to build their own hybrid and remote learning programs to support innovative learning opportunities and instructional continuity. Funds allocated pursuant to this section shall be available for encumbrance through June 30, 2027.
(2)The types of models of hybrid and remote learning to be researched shall include programs developed to address a variety of needs, including all of the following:
(A)Those used to provide seamless access to instruction during emergency events that disrupt in-person instruction.
(B)Those developed for pupils with unique personal circumstances that make hybrid or remote learning a more viable instructional model.
(C)Those developed to provide access to instructional options unavailable in local schools, especially for pupils in remote and rural communities.
(3)The county office of education selected pursuant to this subdivision shall highlight local educational agencies that have developed exemplary emergency instruction programs with demonstrated success in seamlessly transitioning pupils and teachers to hybrid and remote learning during emergencies and minimizing impacts to learning during school closures or environmental conditions that keep pupils from attending school.
(4)The county office of education selected pursuant to this subdivision shall also highlight local educational agencies with exemplary hybrid and remote learning programs that use innovative technologies to provide pupils with approaches that are learner-centered, inquiry-based, personalized to learner interests, performance-driven, and offered at a differentiated pace with multiple means to demonstrate knowledge, and that use formative feedback to inform instruction.
(5)The research, guidance, support, and resources developed pursuant to this subdivision shall include those focused on improving outcomes for pupil groups with high rates of chronic absenteeism, including pupils regularly impacted by emergencies, socioeconomically disadvantaged pupils, youth in foster care, homeless pupils, and pupils with disabilities.
(6)The research, guidance, support, and resources developed pursuant to this subdivision shall be made available to the public and disseminated in the following ways:
(A)Through an internet website developed for this purpose and linked to the State Department of Education internet website.
(B)Through widely available and free trainings and convenings for local educational agencies and educators.
(7)On or before June 30, 2027, the county office of education selected pursuant to this subdivision shall submit a report summarizing its findings and the guidance, support, and resources it developed pursuant to this section to the chairs of the budget committees of both houses of the Legislature, the Superintendent of Public Instruction, the executive director of the State Board of Education, and the Director of Finance.
(b)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 69.
(a) It is the intent of the Legislature to promote alignment and comprehensive planning across career technical education-related programs through a single integrated application that maintains individual program characteristics.(b) On or before January 31, 2026, the Superintendent of Public Instruction, in consultation with the Chancellor’s Office of the California Community Colleges, as applicable, shall examine and determine the feasibility of streamlining specified career technical education grant application and
reporting processes, including utilizing a single universal application, and collecting program reports and data in a consolidated process for the following programs, inclusive of their subprograms and associated grants:
(1) Strengthening Career and Technical Education for the 21st Century Act (Perkins V).
(2) California Technical Education Incentive Grant Program.
(3) Middle School Foundation Academies Planning Grants.
(4) Specialized secondary programs.
(5) Career Technical Education Initiative.
(6) California Partnership Academies.
(7) K–12 Strong Workforce,
administered by the Chancellor’s Office of the California Community Colleges.
(8) Any potential, future one-time investments in career education.
(c) On or before October 15, 2025, the Superintendent of Public Instruction shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education, and the Director of Finance information, in writing, relevant to various career technical education programming. The information shall include, but not be limited to, all of the following:
(1) The name of each grant or funding award that was administered under the Strengthening Career and Technical Education for the 21st Century Act (Perkins V), the California Technical Education Incentive Grant Program, Middle School Foundation Academies
Planning Grants, the specialized secondary programs, the Career Technical Education Initiative, and the California Partnership Academies in the 2024–25 fiscal year, including the purpose of each grant and funding award, the entities eligible to apply for each grant and funding award, and if the grant and funding award is ongoing.
(2) Historic funding levels of each grant and funding award beginning from the 2017–18 fiscal year.
(3) Projected funding level of each grant and funding award for the 2025–26 and 2026–27 fiscal years.
(4) The fiscal year each grant and funding award began.
(5) The process for funding consideration and general timeline for each grant and funding award in the 2024–25 fiscal year.
(d) On or before October 15, 2025, the Chancellor of the California Community Colleges shall provide the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education, and the Director of Finance, information, in writing, relevant to the K–12 Strong Workforce Program. The information shall include, but not be limited to, all of the following:
(1) The entities eligible for awards through the K–12 Strong Workforce Program and the funding awards for the 2018–19 fiscal year through the 2024–25 fiscal year.
(2) Projected funding levels for the 2025–26 and 2026–27 fiscal years.
(3) The process for funding consideration and general timeline for each grant and funding award in the 2024–25 fiscal
year.
(e) On or before January 31, 2026, pursuant to subdivision (b), the Superintendent of Public Instruction shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or the executive director’s designee, and the Director of Finance with information, in writing, that shall include, but not be limited to, all of the following:
(1) (A) How the process for funding consideration and the processes for administration and reporting can be streamlined for the grants and funding awards identified in subdivision (b).
(B) To the extent feasible, an implementation plan for streamlining grant applications and reporting for the 2026–27 fiscal year, including, if applicable, any statutory changes needed to
allow for streamlining to occur while maintaining individual program characteristics.
(C) A description of how future one-time or ongoing career technical education-related programs could be added into the integrated application process if determined appropriate and feasible to do so.
(2) If a grant or funding award identified in subdivision (b) is not included in the streamlined process described in paragraph (1), the justification for its exclusion.
(f) On or before January 31, 2026, the Chancellor of the California Community Colleges, in consultation with the Superintendent of Public Instruction, shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education, and the Director of Finance with information, in writing,
with an update on steps that the Chancellor of the California Community Colleges is taking to better align the timelines, application components, and reporting requirements of the K–12 Strong Workforce Program with the streamlined application and reporting processes identified pursuant to subdivision (b), as applicable.
(g) Information required to be provided pursuant to subdivisions (c) to (f), inclusive, shall be submitted consistent with Section 9795 of the Government Code.
SEC. 70.
(a) It is the intent of the Legislature to protect the educational progress of TK–12 and community college students in California by bolstering state budget resilience now and into the future. To the extent the Proposition 98 funding requirement established by Section 8 of Article XVI of the California Constitution for the 2024–25 fiscal year exceeds the previous appropriations toward this requirement, the Legislature intends to appropriate the difference to reduce ongoing deficits and protect core program funding for school districts and community colleges, including funding for growth and cost-of-living adjustments.(b) The Director of Finance shall do all of the following as part of the budget submitted to the Legislature by January 10, 2026:
(1) Provide an updated estimate of the Proposition 98 funding requirement established by Section 8 of Article XVI of the California Constitution for the 2024–25 fiscal year and the sum of all previous appropriations counting toward this requirement.
(2) Identify the additional amount required to meet the Proposition 98 funding requirement established by Section 8 of Article XVI of the California Constitution in 2024–25 fiscal year and, if so, propose a plan for appropriating that amount consistent with this section.
(3) Account for the amount in paragraph (2) that is available to support school
programs prior to making any reduction otherwise allowed by paragraph (c) of Section 14002 of the Education Code.
(c) The amount identified in paragraph (2) of subdivision (b) shall be available for the following purposes:
(1) Funding ongoing costs of school and community college programs, including increases related to growth in school attendance, community college enrollment, and the statutory cost-of-living adjustment.
(2) Reducing the size of the payment deferrals established by subdivision (k) of Section 14041.6 and Section 84321.65 of the Education Code and avoiding payment deferrals in the 2026–27 fiscal year.
(d) The amount identified in paragraph (2) of subdivision (b) shall not be available for any school or community college purposes other
than those identified in subdivision (c) unless the Director of Finance submits a budget that does both of the following:
(1) Estimates that the Proposition 98 funding requirement established by Section 8 of Article XVI of the California Constitution for 2026–27 fiscal year is sufficient to fund the costs of all ongoing school and community college programs, including adjustments for school attendance, community college enrollment, and the statutory cost-of-living adjustment.
(2) Provides that all payments to school districts and community college districts under Sections 14041 and Section 84320 of the Education Code will be made according to the regular schedules established by those sections, with no payments deferred to the 2027–28 fiscal year.
(e) The amount identified in paragraph (2) of subdivision (b) shall be
deemed, for purposes of Section 8 of Article XVI of the California Constitution, to be moneys applied by the state for the support of school districts in the 2024–25 fiscal year, and not in the fiscal year in which the funds are appropriated. The amount identified in paragraph (2) of subdivision (b), in combination with all other allocations to school districts and community college districts from General Fund proceeds of taxes and required transfers to the Public School System Stabilization Account, shall not exceed the amount required to be applied by the state for the support of school districts and community college districts as specified in Section 8 of Article XVI of the California Constitution.
SEC. 71.
(a) As a result of a state of emergency that was declared by the Governor in January 2025, the following provisions shall remain in effect for the 2025–26 school year:(1) To the extent that local educational agencies in the County of Los Angeles County are required to use temporary facilities outside of their district boundaries as a result of the damage to or inaccessibility of school buildings due to the emergency to continue to serve the pupils who resided in their district prior to this emergency, they may do so and
continue to collect average daily attendance for those pupils. In addition, the requirements of Article 1.5 (commencing with Section 17387) of, and Article 4 (commencing with Section 17455) of, Chapter 4 of Part 10.5 of Division 1 of Title 1 of the Education Code, as well as all implementing regulations, are suspended at the discretion of those local educational agencies who seek to lease property to any impacted local educational agency in the County of Los Angeles for purposes of serving pupils impacted by the emergency.
(2) A site-based charter school within the County of Los Angeles whose schoolsite was damaged or is inaccessible due to the emergency shall be allowed to establish an alternative site anywhere within the County of Los Angeles for the 2024–25 and 2025–26 school years and shall be deemed to be in compliance with paragraph (5) of subdivision (a) of Section 47605 and subdivision (d) of Section 47605.1 of the Education Code.
(3) For those classroom-based charter schools that, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code, provide independent study programs due to facility inaccessibility, damage, or destruction, or pupil displacement, as a result of the emergency, any requirement to submit a funding determination, including pursuant to Section 47634.21 of the Education Code and implementing regulations, and any requirement to obtain a material revision from the chartering authority of the charter school to offer nonclassroom-based instruction, as defined in Section 47612.5 of the Education Code, is suspended for the 2024–25 and 2025–26 school years.
(b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
SEC. 72.
For purposes of Section 97 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need for the West Side Union Elementary School District to facilitate its capital improvements.SEC. 73.
For purposes of Section 98 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the fiscal emergency in the Plumas Unified School District.SEC. 74.
For purposes of Section 98 of this act, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.However, if the Commission on State
Mandates determines that this act contains other 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.
SEC. 75.
(a) It is the intent of the Legislature to mitigate funding reductions resulting from the exclusion of pupils in transitional kindergarten from being administered an English language proficiency assessment pursuant to Sections 313 and 60810 of the Education Code.(b) Notwithstanding any other law, for the 2025–26 and 2026–27 fiscal years, inclusive, for purposes of the calculation computed pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of the Education Code, the count of English learner pupils enrolled in a
transitional kindergarten program pursuant to Section 48000 shall instead be equal to the count of English learner pupils enrolled in kindergarten.
(c) The Superintendent of Public Instruction shall compute the percentage of unduplicated pupils for each school district and charter school using the transitional kindergarten pupil counts pursuant to subdivision (b) and data reported by school districts and charter schools pursuant to paragraph (2) of subdivision (b) of Section 42238.02 of the Education Code.
(d) Funds allocated to local educational agencies pursuant to this section shall not be a condition of utilizing the screening instrument developed pursuant to Section 48004 of the Education Code.
(e) This section shall become inoperative on July 1, 2027.
SEC. 76.
(a) For the 2025–26 fiscal year, the sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to allocate to the California Collaborative for Educational Excellence for the digitization of the state standardized individualized education program template developed by the workgroup authorized pursuant to Chapter 6 of the Statutes of 2020 and finalized by the panel authorized pursuant to Chapter 43 of the Statutes of 2022.(b) For the purposes specified in
subdivision (a), the California Collaborative for Educational Excellence shall, in consultation with the executive director of the State Board of Education, enter into a contract with a California special education student information system vendor. The vendor shall do all of the following:
(1) In consultation with the high-quality individualized education program special education resource lead selected pursuant to Section 52073.2 of the Education Code, convert the state standardized individualized education program template into a user-dynamic software platform that provides all of the special education data management features and functionality currently available to local educational agencies, including, but not limited to, all of the following:
(A) Drafting individualized education programs.
(B) Managing special
education data.
(C) Tracking special education service delivery.
(D) Running reports.
(E) Integrating with other data systems.
(2) Develop an interactive digital version of the state standardized individualized education program template that is accessible to the public at no cost.
(3) Make the digitized templates described in paragraphs (1) and (2) available to local educational agencies and to the public, respectively, on or before June 30, 2026.
(c) Of the amount appropriated in subdivision (a), no less than two hundred fifty thousand dollars ($250,000) shall be available for the high-quality individualized education
program special education resource lead to work with the California Collaborative for Educational Excellence and the vendor described in subdivision (b) to consult on the digitization of the state standardized individualized education program template and identify the scope of professional development needed for statewide implementation.
(d) (1) The California Collaborative for Educational Excellence may retain up to fifty thousand dollars ($50,000) of the amount appropriated in subdivision (a) to implement this section. Up to seven thousand five hundred dollars ($7,500) of the amount retained under this subdivision shall be made available to reimburse the Marin County Office of Education, the administrative agent of the California Collaborative for Educational Excellence, for costs associated with the administration of this section.
(2) Any interest earned
on funding appropriated in subdivision (a) shall be used to support activities pursuant to subdivisions (b) and (c).
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 77.
(a) Contingent upon federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) funds appropriated in Item 6100-001-0890 of the Budget Act of 2025 for the translations of the digitized state standardized individualized education program template not being available due to a reduction in California’s receipt of federal funds, for the 2025–26 fiscal year, the sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to allocate up to one million dollars ($1,000,000) to a county office of education, subject to the approval of the executive director of the State Board of Education, for the translation of the digitized state standardized individualized education program template, pursuant to Section 76 of this act, into the top 10 most commonly spoken languages in California other than English, as required by Section 56348 of the Education Code.(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for
the 2025–26 fiscal year.
SEC. 78.
(a) A basic aid school district that experiences a decrease in local property tax revenues as a result of the Eaton and Palisades Fires in the County of Los Angeles in January 2025 shall be reimbursed from the General Fund for losses experienced in the 2024–25 and 2025–26 fiscal years. Reimbursement amounts shall be provided according to the reimbursement schedule submitted to the Department of Finance by the County of Los Angeles. The funds needed for reimbursement shall be allocated by the Controller to the affected school entities according to a schedule provided by the Department of Finance no later than September 30, 2025.(b) For purposes of this section, “basic aid school district” means a school district that did not receive from the state, for the 2024–25 fiscal year as of the second principal apportionment, an apportionment of state funds as described in subdivision (o) of Section 42238.02 of the Education Code.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2023–24 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in
subdivision (e) of Section 41202 of the Education Code, for the 2023–24 fiscal year.
SEC. 79.
(a) For the 2025–26 fiscal year, the sum of one hundred sixty million dollars ($160,000,000) is hereby appropriated from the General Fund to the State Department of Education to establish the Universal School Meals Support Grant for the purposes set forth in subdivisions (b) and (c). Funds allocated to eligible local educational agencies shall be encumbered on or before June 30, 2028.(b) Of the amount appropriated in subdivision (a), one hundred forty-five million dollars ($145,000,000) shall be available to award to local
educational agencies to expend for the continued implementation of universal school meals. These funds shall be used for any of the following:
(1) Kitchen infrastructure upgrades that will increase capacity for freshly prepared onsite meals using minimally processed, locally grown, and sustainable food, increase a school’s capacity to prepare meals that surpass the current nutritional quality of food served through a federal school meal program, and reduce waste, including any of the following:
(A) (i) Cooking equipment, including, but not limited to, electrical support and facility upgrade requirements, combination ovens, dishwashers, steamers, and tilting skillets.
(ii) When acquiring new cooking equipment pursuant to this paragraph, local educational agencies receiving funds are encouraged,
to the extent practicable, to acquire energy-saving electric and induction equipment rather than equipment that uses fossil fuels.
(B) Service equipment, including, but not limited to, service lines, point-of-sale systems, and mobile carts.
(C) Refrigeration and storage, including, but not limited to, walk-in refrigerators, freezers, blast chillers, and system upgrades.
(D) Transportation of ingredients, meals, and equipment between sites, including, but not limited to, vehicles and equipment to prevent spoilage of food in transit.
(E) The support of infrastructure system needs for items described in subparagraphs (A) to (D), inclusive.
(F) Nutrition planning equipment, including, but not
limited to, equipment needed to determine nutritional content of menus and remove particularly harmful ultraprocessed food from meals.
(2) Staffing and training costs related to implementing universal school meals, including any of the following:
(A) Training and professional development for food service staff to increase capacity for freshly prepared onsite meals, which may include training on minimally processed, freshly prepared onsite meals, removal of particularly harmful ultraprocessed foods from menus, locally and sustainably grown foods, food preparation, healthy food marketing, reducing food waste, and changing the school lunchroom environment.
(B) Additional compensation for additional work relating to serving universal school meals that may include minimally processed, locally and sustainably grown foods,
a plant-based or restricted diet food option, or a plant-based milk option.
(3) Procurement of California-grown, whole or minimally processed, sustainably grown food from California producers, for inclusion in reimbursable meals served through the federal National School Lunch Program and the federal School Breakfast Program, as determined by the State Department of Education, in consultation with the Department of Food and Agriculture.
(c) (1) Of the amount appropriated in subdivision (a), up to ten million ($10,000,000) shall be provided to local educational agencies pursuant to this subdivision to support the retention and recruitment of food service workers. The amount allocated shall be available for encumbrance or expenditure until June 30, 2028.
(2) The State Department of Education shall
distribute funds as competitive grants to local educational agencies with amounts per local educational agency that are consistent with both of the following:
(A) The minimum grant amount for an local educational agency applicant shall be no less than two thousand five hundred dollars ($2,500) per impacted classified employee, with no less than two impacted employees per grant.
(B) The State Department of Education shall develop grant amounts for participants based upon the number of meals served annually within the local educational agency.
(3) The State Department of Education shall determine local educational agency eligibility for the program, consistent with all of the following:
(A) To qualify for funding, each participating local educational
agency shall seek input from food service administrators, governing board or body members, staff, and parents.
(B) (i) The extent to which the applicant’s plan for recruitment attempts to meet the demand for increased meals and improved meal quality at their schoolsites for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, as applicable, and reducing or eliminating the use of particularly harmful ultraprocessed foods in school meals.
(ii) The specific financial incentives the applicant will utilize, which may include, but are not limited to, one-time bonuses, signing bonuses, and professional development opportunities.
(iii) Plans are encouraged to demonstrate how improved recruitment and retention could increase access to fresh, healthy meals for pupils and address local
priorities, and may include, but are not limited to:
(I) Staffing strategies, including recruitment, retention, and ongoing training.
(II) Scheduling changes to increase access, including staggered meal periods.
(III) Offering and cooking nutritionally delicious breakfast or lunch without particularly harmful ultraprocessed foods, as defined pursuant to Section 109991 of the Health and Safety Code.
(4) An applicant receiving funding pursuant to this subdivision shall provide information about the program to all eligible classified school employees in the local educational agency and assistance to each classified school employee it recruits under the program regarding program participation.
(d) (1) Of the amount appropriated in subdivision (a), five million dollars ($5,000,000) shall be made available to the State Department of Education to contract with the Marin County Office of Education for a study of particularly harmful ultraprocessed foods, as defined pursuant to Section 109991 of the Health and Safety Code, being offered in school meals in California. The State Department of Education shall provide a report to the Legislature, consistent with Section 9795 of the Government Code, on or before July 1, 2027, again on or before January 1, 2030, and finally on or before January 1, 2032, with the findings of this study.
(2) The Marin County Office of Education shall contract with the University of California for a study of particularly harmful ultraprocessed foods and beverages being offered in school meals in California. This study shall, at a minimum, provide a list of particularly harmful
ultraprocessed foods and beverages, as determined by the most recent, peer-reviewed research, found on public school breakfast, snack, and lunch menus, in competitive food sales, and on the United States Department of Agriculture commodities list. This study shall include, but not be limited to, food products, ingredients, actual public school menu items, and purchased foods during the study period, at a minimum of 50 local educational agencies.
(e) The State Department of Education shall award funds made available in subdivision (b) as grants on a competitive basis to local educational agencies, using criteria established by the State Department of Education, consistent with this section. The State Department of Education shall give priority, to the greatest extent possible, to both of the following:
(1) Local educational agencies that attest to have obligated at least 50 percent
of the funds for kitchen infrastructure or training pursuant to Chapter 52 of the Statutes of 2022. The State Department of Education may determine what constitutes satisfaction of this requirement.
(2) Schools operating under federal provisions, such as the Community Eligibility Provision or Provision 2, pursuant to Section 1759a of Title 42 of the United States Code.
(f) (1) As a condition of receiving funding pursuant to this section, a local educational agency shall report to the State Department of Education, on or before June 30, 2029, on the following, as applicable:
(A) How it used the funding to improve the quality of school meals, including, but not limited to, eliminating processed and particularly harmful ultraprocessed food options, lowering the sodium and sugar levels in meal
options, and offering more freshly prepared meal options.
(B) How it used the funding to increase capacity for freshly prepared onsite meals using minimally processed, locally grown, and sustainable food.
(2) The State Department of Education may develop forms or designate existing forms that may be used by local educational agencies to comply with paragraph (1).
(g) For purposes of this section, the following definitions apply:
(1) “Federal school meal program” means the federal National School Lunch Program, the federal School Breakfast Program, the federal Seamless Summer Option, or the federal Summer Food Service Program.
(2) “Food service staff” means a person employed on a full-time
or part-time basis as a classified school employee by a local educational agency.
(3) “Freshly prepared onsite meal” means food service in which the preparation of meals takes place on a daily basis at the site of consumption or in a central kitchen, using whole ingredients in their most basic, minimally processed form, or cooking with both fresh, raw, and whole ingredients and ready-made products.
(4) “Local educational agency” means a school district, county office of education, or charter school participating in the federal School Breakfast Program or the federal National School Lunch Program.
(5) “Nutritious” means, at minimum, foods that align with the federal and state standards for meals served through the federal National School Lunch Program and the federal School Breakfast Program, and as further defined
for purposes of Section 49531 of the Education Code.
(6) “Particularly harmful ultraprocessed foods” has the same meaning as defined in Section 109991 of the Health and Safety Code.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 80.
(a) On or before June 30, 2026, an amount to be determined by the Director of Finance shall be appropriated from the General Fund to the Superintendent of Public Instruction in augmentation of Schedule (1) of Item 6100-161-0001 of Section 2.00 of the Budget Act of 2025.(b) The funds appropriated in subdivision (a) shall only be available to the extent that revenues distributed to local educational agencies for special education programs pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code are
less than the estimated amount reflected in the Budget Act of 2025, as determined by the Director of Finance.
(c) On or before June 30, 2026, the Director of Finance shall determine if the revenues distributed to local educational agencies for special education programs pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code exceed the estimated amount reflected in the Budget Act of 2025 and shall reduce Schedule (1) of Item 6100-161-0001 of Section 2.00 of the Budget Act of 2025 by the amount of that excess.
(d) In making the determinations pursuant to subdivisions (b) and (c), the Director of Finance shall consider any other local property tax revenues collected in excess or in deficit of the estimated amounts reflected in the Budget Act of 2025.
(e) The Director of Finance shall
notify the Chairperson of the Joint Legislative Budget Committee, or the chairperson’s designee, of the Director of Finance’s intent to notify the Controller of the necessity to release funds appropriated in subdivision (a) or to make the reduction pursuant to subdivision (c), and the amount needed to address the property tax shortfall determined pursuant to subdivision (b) or the amount of the reduction made pursuant to subdivision (c). The Controller shall make the funds available pursuant to subdivision (a) not sooner than five days after this notification and the State Department of Education shall work with the Controller to allocate these funds to local educational agencies as soon as practicable.
(f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as
defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 81.
(a) For the 2025–26 fiscal year, the sum of one billion six hundred ninety-six million seven hundred eighteen thousand dollars ($1,696,718,000) is hereby appropriated from the General Fund to the State Department of Education to establish the Student Support and Professional Development Discretionary Block Grant, for allocation to county offices of education, school districts, charter schools, and the state special schools for discretionary purposes, including, but not limited to, all of the following:(1) Providing
standards-aligned professional development for teachers on the English Language Arts/English Language Development Framework and the Literacy Roadmap, including strategies to support literacy for English learners.
(2) Providing standards-aligned professional development for teachers on the Mathematics Framework for California Public Schools.
(3) Developing and expanding teacher recruitment and retention strategies.
(4) Expanding career pathways and dual enrollment efforts, consistent with the Master Plan for Career Education.
(5) Addressing rising costs.
(b) (1) The Superintendent of Public Instruction shall allocate funds proportionally to county offices of education,
school districts, charter schools, and the state special schools on the basis of an equal amount per unit of average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, as those numbers were reported as of the second principal apportionment for the 2024–25 fiscal year. The average daily attendance for each state special school shall be deemed to be 97 percent of the enrollment as reported in the California Longitudinal Pupil Achievement Data System as of the 2024–25 Fall 1 Submission.
(2) For purposes of allocating funding pursuant to paragraph (1), the Superintendent of Public Instruction shall calculate the difference between the prior fiscal year average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, from the first period reported average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, and the second period
reported average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, and, if there is a difference, allocate the amount of that difference to the following local educational agencies:
(A) Marquez Charter Elementary, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
(B) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy within the Pasadena Unified School District.
(C) Alma Fuerte Public in the City of Pasadena.
(D) The Los Angeles Unified School District and the Pasadena Unified School
District.
(c) (1) Funding appropriated pursuant to this section shall be available for expenditure through June 30, 2029. County offices of education, school districts, charter schools, and the state special schools are encouraged, but not required, to use funds received pursuant to this section for the purposes described in paragraphs (1) to (5), inclusive, of subdivision (a). By September 30, 2029, each county office of education, school district, charter school, and state special school receiving an allocation pursuant to this section shall report final expenditures to the State Department of Education, which shall initiate collection of any unexpended funds no later than January 31, 2030. The State Department of Education shall determine the format for this report and make it available by January 1, 2026.
(2) Notwithstanding paragraph (1), if a charter
school ceases to operate before June 30, 2029, its final expenditure report shall be due to the State Department of Education within 60 days of the effective date of closure and the State Department of Education shall collect any unexpended funds allocated to the charter school.
(d) Allocations made pursuant to subdivision (b) shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 of the Government Code and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts pursuant to an audit only by reducing amounts owed by the state to school districts for any other mandate claims. Under no
circumstances shall a school district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district the amounts of any claims and interest that are offset from funds provided pursuant to this section, and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of the Legislature.
(e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), twenty-two million five hundred seventy-four thousand dollars ($22,574,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2023–24 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2023–24 fiscal year.
(2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount
appropriated from the General Fund in subdivision (a), one billion twenty million four hundred eleven thousand dollars ($1,020,411,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
(3) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), six hundred fifty-three million seven hundred thirty-three thousand dollars ($653,733,000) shall be deemed to be “General Fund revenues appropriated for school
districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 82.
Both of the following shall apply to the funding appropriated in paragraph (1) of Item 6100-485 of the Budget Act of 2022 (Chapters 43, 45, and 249 of the Statutes of 2022):(a) The funding is available for encumbrance until June 30, 2027, and for liquidation until June 30, 2032.
(b) For the 2025–26 fiscal year, the funding is available in reimbursement authority for the Commission on Teacher Credentialing to receive the funding to augment the Teacher Residency Grant Program
established pursuant to Section 44415.6 of the Education Code. The funds received by the Commission on Teacher Credentialing shall be available for encumbrance until June 30, 2027, and for liquidation until June 30, 2032.
SEC. 83.
(a) For the 2025–26 fiscal year, the sum of two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund to the State Department of Education to support the implementation of Section 33319.6 of the Education Code.(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the
Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 84.
(a) The Secondary School Redesign Pilot Program is hereby established for the purpose of developing and identifying effective models of middle and high school redesign that do the following:(1) Create structures to support strong relationships that ensure each pupil is well known.
(2) Foster deeper learning and competencies focused on 21st century skills.
(3) Provide personalized supports that
enable pupil success and equitable outcomes. Innovative uses of technology and experiential learning opportunities are encouraged.
(4) Promote measurable pupil engagement growth.
(5) Create sustainable structures and systems to maintain pilot impacts beyond the pilot timeline.
(b) The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for the Secondary School Redesign Pilot Program for allocation to the California Collaborative for Educational Excellence as the lead agency to administer the program. The lead agency may partner with one or more nonprofit organizations or other local educational agencies. The lead agency shall do all of the following:
(1) Work collaboratively
with the State Department of Education to help participants build capacity, identify effective models, share best practices, and develop peer-to-peer partnerships.
(2) Develop criteria, with the approval of the executive director of the State Board of Education, and select a network of grantees to participate in the pilot program.
(3) Manage a network of grantees to support peer learning and documentation of practices.
(4) Promote sustainable school design planning through use of existing investments in expanded learning opportunity programs, career technical education, and California Community Schools Partnership Program grants.
(5) Collect necessary data and document the outcomes of the activities authorized by this section through the duration of the
pilot program and develop resources based on the experiences and conclusions of the pilot program participants from their specific contexts that are broadly applicable and actionable statewide.
(6) Conduct an evaluation of the pilot program. The evaluation shall include documentation of successful instructional models for better serving middle and high school pupils, including descriptions of school designs and evidence of pupil outcomes, including the degree to which pupils experience engaging and authentic learning opportunities that prepare them for contemporary life, develop and demonstrate durable skills, experience inclusion and belonging, and make academic progress. On or before September 1, 2029, the lead agency shall submit a report, consistent with Section 9795 of the Government Code, to the fiscal and policy committees of the Legislature with the findings of the evaluation.
(c) Participating schools and local educational agencies shall commit to all of the following activities:
(1) Participate in the pilot program for two years.
(2) Develop and implement programs to redesign middle and high schools to better serve the needs of all pupils, including personalizing the learning environment, integrating experiential education and new uses of technology, and supporting deeper learning.
(3) Collect and report data and resources as required by the lead agency.
(d) Up to one million dollars ($1,000,000) of the amount appropriated in subdivision (a) shall be made available to the lead agency for administration and an evaluation of the pilot program.
(e) Up to three hundred thousand dollars ($300,000) of the amount appropriated in subdivision (a) shall be made available to reimburse the Marin County Office of Education, the administrative agent of the California Collaborative for Educational Excellence, for costs associated with the administration of this section.
(f) The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2029.
(g) For purposes of this section, “local educational agency” means a school district, charter school, or county office of education.
(h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as
defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 85.
(a) Notwithstanding any other law, the funds appropriated pursuant to Items 6100-110-0001, 6100-158-0001, and 6100-161-0001 of Section 2.00 of the Budget Act of 2023 (Chs. 12, 38, and 189, Stats. 2023) shall be available for liquidation until July 31, 2026. This one-month extension of encumbrance authority is provided due to the effect of the deferral of the June 2026 principal apportionment on the budget items specified in this section.(b) It is the intent of the Legislature that, by extending the encumbrance authority for
the funds identified in this section to July 31, 2026, the funds will be treated in a manner consistent with Section 1.80 of the Budget Act of 2023.
SEC. 86.
(a) The sum of thirty million dollars ($30,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to the Riverside County Office of Education for allocation to the Special Olympics of Northern and Southern California for the purposes of supporting the Unified Champion Schools Program, the Healthy Athletes Program, the Community Sports Program, and for general operating expenses.(b) The Riverside County Office of Education shall serve as the fiscal agent for the
appropriation identified in subdivision (a) for the Special Olympics of Northern and Southern California. It is the intent of the Legislature that the Special Olympics of Northern and Southern California expend or encumber approximately ten million dollars ($10,000,000) of the funds appropriated in subdivision (a) in each of the following fiscal years:
(1) The 2025–26 fiscal year.
(2) The 2026–27 fiscal year.
(3) The 2027–28 fiscal year.
(c) The funds appropriated in subdivision (a) shall be available for encumbrance until June 30, 2028.
(d) The Riverside County Office of Education may allocate the total amount available pursuant to subdivision (a) to the Special Olympics of Northern and
Southern California in the 2025–26 fiscal year.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 87.
(a) For the 2025–26 fiscal year, the sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to a county office of education to contract, with approval of the executive director of the State Board of Education, with one or more research or nonprofit organizations to study the processes by which other states develop curriculum guidance and to make recommendations about how to improve and streamline California’s processes.(b) The selected
entity or entities shall explore all of the following topics related to the development of curriculum guidance in other states and possible options for improving California’s processes:
(1) Current statutes, regulations, and policies governing the processes and practices in California, including the roles and responsibilities of the State Department of Education, the Instructional Quality Commission, the State Board of Education, the Legislature, local educational agencies, educators, parents and guardians, and the public.
(2) The processes and cycles for developing, revising, and adopting content standards, curriculum frameworks, and other instructional guidance, and, if applicable, how available instructional time in elementary and secondary schools is considered. The processes examined shall also include the process for selecting aligned instructional resources in other
states.
(3) How the curriculum guidance and instructional resources are evaluated for the extent to which they support the teaching and learning of state content standards in other states.
(4) What additional guidance, tools, professional development or other resources, including digital resources and platforms, are provided to educators to support the teaching and learning of state content standards in other states.
(c) The selected entity or entities shall, on or before January 1, 2027, submit a report to the appropriate policy and fiscal committees of the Legislature, the Superintendent, the Department of Finance, and the executive director of the state board, consistent with Section 9795 of the Government Code, that includes the findings, a summary of processes that inform curriculum guidance, and recommendations
for how the state curriculum guidance process can be improved and streamlined.
(d) The development of the report pursuant to subdivision (c) shall be informed by engagement with interestholders that results in meaningful input through interviews, surveys, and listening sessions with education partners, including all of the following:
(1) The state board, Instructional Quality Commission, and State Department of Education staff responsible for implementation of current California processes.
(2) Educators and staff from California and other states to seek their input about the resources they need from the state.
(3) Publishers and content developers to seek their views of what they need from the curriculum guidance process.
(4) Legislative staff, executive agency staff, and other interestholders, including, but not limited to, representatives from the California Community Colleges, the California State University, and the University of California.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 88.
(a) For the 2025–26 fiscal year, the sum of forty million dollars ($40,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to local educational agencies that administer literacy screenings to pupils in kindergarten and grades 1 and 2 for risk of reading difficulties to support implementation of the requirements of Section 53008 of the Education Code, in the manner specified in this section.(b) The Superintendent of Public Instruction shall make the following
computations to determine the amount of funding for each local educational agency:
(1) (A) Determine the total number of pupils in kindergarten and grades 1 and 2, but excluding pupils in transitional kindergarten, attending school in that local educational agency using the prior year’s school enrollment data as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification.
(B) Calculate a statewide total number of pupils by adding the total number of pupils identified pursuant to subparagraph (A) across all local educational agencies.
(2) Calculate a per-pupil rate by dividing the amount appropriated pursuant to subdivision (a) by the statewide total number of pupils identified in subparagraph (B) of paragraph (1).
(3) Calculate the apportionment for each local educational agency by multiplying the per-pupil rate calculated in paragraph (2) by the number determined in paragraph (1) for the local educational agency.
(c) The governing board or body of a local educational agency serving pupils in kindergarten or grades 1 or 2 shall expend the funds received pursuant to this section on any costs associated with the implementation of Section 53008 of the Education Code, including, but not limited to, the procurement of screening instruments, screening administration, and training for school employees to administer pupil screenings in kindergarten and grades 1 and 2, but excluding transitional kindergarten, in order to assess for risk of reading difficulties using screening instruments approved pursuant to subdivisions (b) and (c) of Section 53008 of the Education Code.
(d) For
purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
(e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
SEC. 89.
(a) For the 2025–26 fiscal year, two hundred fifty thousand dollars ($250,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to allocate to the administrative agent selected pursuant to Section 52074 of the Education Code, subject to the approval of the executive director of the State Board of Education, to partner with one or more research organizations, institutions of higher education, or other nonprofit organization with expertise in evidenced-based literacy instruction to develop guidance for the state board to adopt by January 31, 2026 to support the follow-up adoption conducted pursuant to Section 60227 of the Education Code and subsequent implementation of English Language Arts/English Language Development instructional materials by the Instructional Quality Commission and the State Board of Education.(b) The research organizations, institutions of higher education, or other nonprofit organizations selected pursuant to subdivision (a) shall provide guidance for the adoption and implementation of English Language Arts/English Language Development instructional materials that does all of the following:
(1) Evaluates and includes materials that focus on the teaching of specific skills and standards that are a subset of the entire English Language Arts/English Language Development Framework and clearly designate which standards they effectively address, enabling local educational agencies to adopt a set of materials
that, in combination, address all of the state standards and components of the framework.
(2) Is aligned to evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency, attending to oral language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs.
(3) Conforms to all of the following:
(A) The English Language Arts/English Language Development Framework.
(B) Includes foundational skills, language development, content knowledge, meaning making, and effective expression.
(C) Incorporates media literacy content included in the English Language Arts/English Language Development Framework.
(c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 90.
(a) The sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to allocate to the California Collaborative for Educational Excellence to convene, in consultation with the State Department of Education, a Statewide Literacy Network and a Statewide Mathematics Network. Of the funds appropriated in this subdivision, seven million five hundred thousand dollars ($7,500,000) shall be available for the Statewide Literacy Network and seven million five hundred thousand dollars ($7,500,000) shall be available for the Statewide Mathematics Network, through the 2029–30 fiscal year.(b) (1) The Statewide Literacy Network shall convene literacy leads and English learner lead agencies to support statewide implementation of evidence-based practices aligned to the English Language Arts/English Language Development Framework adopted by the State Board of Education pursuant to Section 60207 of the Education Code, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction.
(2) In performing this work, the California Collaborative for Educational Excellence shall do all the following:
(A) Consult with the department and convene existing state- and federally funded literacy leads to support implementation of literacy-related initiatives and ensure best practices and findings
from assistance are integrated into the Statewide System of Support, including best practices to establish, grow, and sustain programs to support language development for multilingual learners.
(B) Consult with literacy experts to curate a user-friendly clearinghouse for evidence-based literacy resources for use by local educational agencies seeking to implement evidence-based practices to improve literacy outcomes.
(C) Study, highlight, and disseminate information about high performing local educational agencies and best practices.
(c) (1) The Statewide Mathematics Network shall convene mathematics leads to support statewide implementation of evidence-based practices aligned to the Mathematics Framework adopted by the State Board of Education pursuant to Section 60207 of the Education Code, and
the use of data to support effective instruction.
(2) In performing this work, the California Collaborative for Educational Excellence shall do all the following:
(A) Consult with the State Department of Education and convene existing state-funded entities to support implementation of mathematics-related initiatives and ensure best practices and findings from assistance are integrated into the Statewide System of Support.
(B) Consult with mathematics experts to curate a user-friendly clearinghouse for evidence-based mathematics resources for use by local educational agencies seeking to implement evidence-based practices to improve mathematics outcomes.
(C) Study, highlight, and disseminate information about high performing local educational agencies and
best practices.
(d) Up to four hundred fifty thousand dollars ($450,000) of the amount appropriated in subdivision (a) shall be made available to reimburse the Marin County Office of Education, the administrative agent of the California Collaborative for Educational Excellence, for costs associated with the administration of this section.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined
in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 91.
The sum of three hundred thousand dollars ($300,000) appropriated pursuant to Section 4 of Chapter 37 of the Statutes of 2024 has been established under Item 6100-572-0001.SEC. 92.
(a) The Legislature finds and declares that the state has provided twenty-eight million seven hundred thousand dollars ($28,700,000) to the University of California, San Francisco Dyslexia Center for the development of a free, universal tool for early screening and intervention of reading difficulties available in multiple languages to all California public schools to be administered to pupils in kindergarten and grades 1 and 2.(b) The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to
the Superintendent of Public Instruction to allocate to the county office of education selected to administer the California Dyslexia Initiative pursuant to Section 119 of Chapter 24 of the Statutes of 2020.
(c) The designated county office of education shall contract with the University of California, San Francisco Dyslexia Center to continue to expand the capacity of the reading difficulties screening tool for California’s diverse pupil population and to support its use. In addition, the University of California, San Francisco Dyslexia Center, through the designated county office of education, shall submit to the State Department of Education, Department of Finance, the State Board of Education, and the relevant policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code, an annual summary report beginning February 1, 2027, and by February 1 of each year thereafter until the funds appropriated pursuant
this section are fully exhausted, reporting expenditures and activities, including, but not limited to, a list of local educational agencies utilizing the screening tool.
(d) The University of California, San Francisco Dyslexia Center may also utilize funds to scale the technical infrastructure supporting its reading difficulties screening tool for expanded use across the state.
(e) The designated county office of education shall submit an expenditure plan for the funds allocated pursuant to this section to the Department of Finance for approval by January 31, 2026, that includes estimated expenditures of the University of California, San Francisco Dyslexia Center. The approved expenditure plan shall become operative no sooner than 30 days after notification is provided in writing to the Joint Legislative Budget Committee.
(f) Funding pursuant to this section shall be contingent on the maintenance of a reading difficulties screening tool that remains accessible to local educational agencies at no cost to California public schools to be administered to pupils in kindergarten and grades 1 and 2.
(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 93.
(a) (1) The sum of thirty million dollars ($30,000,000) is hereby appropriated from the General Fund, for the 2025–26 fiscal year, to the State Department of Education for the following purposes:(A) Of this amount, at least three million dollars ($3,000,000) shall be used to cover National Board for Professional Teaching Standards Certification fees for first-time candidates.
(B) The remainder of the funds shall be used to award grants
pursuant to the National Board for Professional Teaching Standards Certification Incentive Program established pursuant to Section 44395 of the Education Code.
(2) The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2030, and shall be made available for liquidation until June 30, 2034.
(3) Commencing July 1, 2027, the State Department of Education shall transfer all unencumbered funds available for this program to the Commission on Teacher Credentialing to award grants pursuant to the National Board for Professional Teaching Standards Certification Incentive Program established pursuant to Section 44395 of the Education Code.
(b) For purposes of making the
computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year.
SEC. 94.
(a) (1) For the 2025–26 fiscal year, the sum of one hundred fifty million dollars ($150,000,000) is hereby appropriated from the General Fund to the State Department of Education, subject to pending legislation. The State Department of Education, upon the signing of such legislation, shall transfer the funds to the administering entity identified in the legislation, if applicable, by no later than May 1, 2026.(b) If legislation described in subdivision (a) is not enacted by January 1, 2026, then the
funds appropriated pursuant to subdivision (a) shall, on or after January 1, 2026, instead be used for the California Career Technical Education Incentive Grant Program pursuant Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4 of Title 2 of the Education Code and shall augment the funds appropriated in Item 6100-168-0001 of the annual Budget Act. This augmentation shall not be construed to allow an applicant to be awarded an amount higher than the amount that the current allocation formula determines them to be eligible to receive under the program.
(c) The use of funds specified in subdivision (a) shall be available for encumbrance until June 30, 2028.
(d) The use of funds specified in subdivision (b) shall be available for encumbrance until June 30, 2027.
(e) For purposes of making the
computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 95.
(a) The sum of thirty million dollars ($30,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to the Kern County Superintendent of Schools for the Mathematics Professional Learning Partnership to support educator training, including mathematics coaches, teachers, and school administrators for implementation of the new mathematics curriculum framework in local educational agencies.(1) The Mathematics Professional Learning Partnership shall continue to support the
California Mathematics Project along with its other existing partners and shall expand upon collaborations with the Rural Math Collaborative to provide training in and support mathematics coaching in local educational agencies in rural areas. These support providers shall also train coaches who can be deployed to provide mathematics coaching in schools and local educational agencies with the highest need of support.
(2) The Kern County Superintendent of Schools shall submit an expenditure plan on behalf of the Mathematics Professional Learning Partnership for the funds allocated pursuant to this section to the Department of Finance for approval by January 31, 2026.
(b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues
appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 96.
(a) (1) For the 2025–26 fiscal year, the sum of twenty million dollars ($20,000,000) is hereby appropriated from the General Fund to the State Department of Education to allocate to the Sacramento County Office of Education to continue providing services pursuant to the Children and Youth Behavioral Health Initiative (Chapter 2 (commencing with Section 5961) of Part 7 of Division 5 of the Welfare and Institutions Code) in partnership with the Santa Clara County Office of Education.(2) The department
shall allocate the funds identified in paragraph (1) on or before October 1, 2025.
(b) The Sacramento County Office of Education, in partnership with the Santa Clara County Office of Education, shall award competitive grants, based on the availability of funds, to local educational agencies participating in the first, second, and third fee schedule cohorts of the Children and Youth Behavioral Health Initiative and shall be awarded in order of priority, as follows:
(1) To prevent the disruption of providing school-linked behavioral health services in the 2025–26 school year, including staffing costs for school employees who provide youth mental health services.
(2) For technical assistance for the continued implementation of the school-linked statewide fee schedule established pursuant to Section 5961.4 of the Welfare
and Institutions Code.
(c) The Sacramento County Office of Education may use up to 5 percent of the funds allocated pursuant to subdivision (a) for purposes of outreach and administration conducted in partnership with the Santa Clara County Office of Education.
(d) The Sacramento County Office of Education shall, on or before May 1, 2026, and in partnership with the Santa Clara County Office of Education, provide a report to the State Board of the Education, the State Department of Education, the Department of Finance, the State Department of Health Care Services, the California Health and Human Services Agency, and, consistent with Section 9795 of the Government Code, the appropriate policy and fiscal committees of the Legislature that includes all of the following information:
(1) The number of applications and the
amount of requested funding, disaggregated by the two priorities listed in subdivision (b), and the requesting local educational agency.
(2) The number of awards granted, including the local educational agency that received the award, the amount awarded, and the purpose for the funding, disaggregated by the two priorities listed in subdivision (b).
(3) The amount of any remaining or unexpended grant funds.
(e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and
community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year.
SEC. 97.
For the 2025–26 fiscal year, the sum of one million two hundred thousand dollars ($1,200,000) is hereby appropriated from the General Fund to the Office of Public School Construction to be available for allocation to the West Side Union Elementary School District. The West Side Union Elementary School District shall use these moneys for capital improvements at West Side Elementary School in the City of Healdsburg.SEC. 98.
(a) The Legislature finds and declares all of the following:(1) Providing a quality education that meets the unique needs of the pupils of the Plumas Unified School District is a fundamental goal that should not be jeopardized.
(2) Pursuant to Section 1240 of the Education Code, the governing board of the Plumas Unified School District certified its first and second interim financial reports as negative. A negative certification is assigned when a school
district will be unable to meet its financial obligations for the remainder of the fiscal year or the subsequent fiscal year. In each case, the Superintendent of Public Instruction concurred with the negative certification, and in January 2025, assigned a fiscal advisor to monitor the operations of the Plumas Unified School District.
(3) The budget, multiyear financial projection, and cash flow analysis conducted by the County Office Fiscal Crisis and Management Assistance Team (FCMAT) published on April 6, 2025, indicates that the Plumas Unified School District is deficit spending, unable to maintain a prudent reserve for economic uncertainty, will have a negative General Fund balance for the 2025–26 fiscal year, and insufficient reserves and cash for the two subsequent fiscal years to meet all of its financial obligations.
(4) The Plumas Unified School District is facing fiscal
and cash insolvency as a result of governance challenges, organizational decisionmaking, understating employee compensation expenses, and continued deficit spending.
(5) The Plumas Unified School District is projected to run out of cash to support its routine operations and expenditures at the end of August 2025, and it will require an emergency appropriation from the state in order to continue the delivery of educational services to pupils enrolled in the school district.
(6) On April 28, 2025, pursuant to subdivision (a) of Section 41326 of the Education Code, the governing board of the Plumas Unified School District adopted Resolution No. 1678 voluntarily requesting the state provide an emergency advance apportionment.
(b) In response to the Plumas Unified School District governing board’s adoption of Resolution
No. 1678, it is the intent of the Legislature to provide emergency appropriation assistance to the Plumas Unified School District and invoke the relevant provisions of Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, except as otherwise provided in this section, in order to restore the school district to fiscal solvency.
(c) As provided in subdivision (b) of Section 41326 of the Education Code, the Plumas County Superintendent of Schools shall assume all legal rights, duties, and powers of the governing board of the Plumas Unified School District, and shall appoint an administrator, with concurrence from both the Superintendent and the President of the State Board of Education or their designee, from a pool of candidates identified and vetted by the FCMAT pursuant to subdivision (c) of Section 41326, to act on their behalf in
carrying out the requirements of Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code. Notwithstanding subdivision (f) of Section 41326 of the Education Code, the authority of the Plumas County Superintendent of Schools and their appointed administrator shall continue until all of the following occur:
(1) (A) (i) After two complete fiscal years have elapsed following the Plumas Unified School District’s acceptance of an emergency apportionment as described in subdivision (h), the administrator determines, and so notifies the county superintendent of schools, the Superintendent of Public Instruction, and the President of the State Board of Education or their designee, that future compliance by the Plumas Unified School District with the recovery plans approved pursuant to subparagraph (B) is
probable.
(ii) The county superintendent of schools, with concurrence from both the Superintendent of Public Instruction and the President of the State Board of Education or their designee, may return power to the governing board of the Plumas Unified School District for an area listed in subdivision (a) of Section 41327.1 of the Education Code if performance under the recovery plan for that area has been demonstrated to the satisfaction of the county superintendent of schools, with concurrence from the Superintendent and the president of the state board or their designee.
(B) The county superintendent of schools, with concurrence from the Superintendent of Public Instruction, has approved all of the recovery plans referred to in subdivision (a) of Section 41327 of the Education Code and the FCMAT completes the improvement plans specified in Section 41327.1 of the Education Code
and has completed a minimum of two reports identifying the Plumas Unified School District’s progress in implementing the improvement plans.
(C) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans.
(D) The Plumas Unified School District has completed all reports required by each of the Superintendent, county superintendent of schools, and the administrator.
(2) When the conditions stated in paragraph (1) have been met, and at least 60 calendar days after the county superintendent of schools has notified the Legislature, consistent with Section 9795 of the Government Code, the Department of Finance, the Superintendent of Public Instruction, the President of the State Board of
Education or their designee, and the Controller that they expect the conditions prescribed pursuant to this section to be met, the governing board of the Plumas Unified School District shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code. The parties specified in Section 41320.1 of the Education Code shall appoint a trustee under that section to monitor and review the operations of the Plumas Unified School District until the conditions of paragraph (3) of subdivision (a) of that section have been met.
(3) Notwithstanding paragraph (2), if the Plumas Unified School District violates a provision of the recovery plans approved by the county superintendent of schools, with concurrence from both the Superintendent of Public Instruction and the President of the State
Board of Education or their designee, pursuant to Article 2.5 (commencing with Section 41325) of Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, within five years after the trustee appointed pursuant to Section 41320.1 of the Education Code is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 of the Education Code during the period of the trustee’s appointment, the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or their designee, may reassume, through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the Plumas Unified School District. The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or their designee, shall return to the governing board of the Plumas Unified School District all of its
legal rights, duties, and powers reassumed under this paragraph when they determine that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later.
(4) (A) In order to ensure continuity of recovery plans and the implementation of the recovery plans, the President of the State Board of Education or their designee, in consultation with the Superintendent of Public Instruction and the Director of Finance, may revise any of the terms and conditions established pursuant to this section at any time there is a change in the county superintendent of schools or the appointed administrator.
(B) The authority of the county superintendent of schools in exercising their duties pursuant to this section shall be independent of the county board of education. The county board of education shall not hinder or
interfere with the county superintendent of school’s authority and actions to carry out their responsibilities pursuant to this section or Article 2 (commencing with Section 41320) of, or Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, as applicable.
(5) Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code shall apply except as otherwise specified in this section.
(d) In addition to the implementation of subdivision (b) of Section 41325 of the Education Code, it is the intent of the Legislature that the county superintendent of schools, operating through the appointed administrator, do all of the following:
(1) Work with the staff and
governing board of the Plumas Unified School District to identify the procedures and programs that the school district will implement during the 2025–26 school year and future school years that do all of the following:
(A) Improve performance on the state priorities described in Section 52060 of the Education Code, including, but not limited to, the pupil achievement priorities listed in paragraph (4) of subdivision (d) of that section.
(B) Align efforts to address pupil needs, as determined by performance on the state and local indicators on the California School Dashboard pursuant to Section 52064.5 of the Education Code, with the school district’s local control and accountability plan and the annual update to the local control and accountability plan adopted pursuant to Sections 52060 and 52061, respectfully, of the Education Code.
(C) Ensure improvement strategies are coordinated and calibrated with technical assistance providers through the Statewide System of Support and in consultation with the school district’s geographic lead agency selected pursuant to Section 52073 of the Education Code.
(D) Manage fiscal expenditures in a manner that is consistent with the current and projected revenues of the school district.
(2) Collaborate with the school district to strengthen the quality and accuracy of data submitted to the State Department of Education, including, but not limited to, the timely identification of data discrepancies or reporting errors that may impact any state or local indicators on the California School Dashboard, the school district’s local control and accountability plan or the annual update to the local control and accountability
plan, or eligibility for state and federal funding.
(3) Ensure training is provided for members of the governing board of the Plumas Unified School District in the subjects about which members of the governing board of the school district need to have knowledge to effectively discharge their duties as school board members, with specific training in the fiduciary responsibilities of a governing board member and in the financial management practices necessary for governing board members to effectively discharge their duty to oversee and monitor the budget, accounting practices, revenues, and expenditures of the school district. At a minimum, each school board member shall participate in the Masters in Governance training provided by the California School Boards Association. The cost for this training shall be borne by the school district.
(e) (1) The FCMAT
shall, with respect to the Plumas Unified School District, do all of the following:
(A) Provide assistance to the administrator in the development of the first annual multiyear financial recovery plan required under paragraph (2) of subdivision (a) of Section 41327 of the Education Code.
(B) Provide assistance to the administrator in the development of the adopted budget and interim reports.
(C) Recommend to the county superintendent of schools any studies or activities that should be undertaken by the administrator to enhance revenue or achieve cost savings.
(D) Provide any other assistance as described in Section 42127.8 of the Education Code.
(2) The Plumas Unified School District shall
bear 100 percent of all costs associated with implementing Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, including the activities of the FCMAT. The FCMAT’s assistance under this subdivision shall continue until the school district is certified as positive pursuant to the definition in subparagraph (B) of paragraph (1) of subdivision (l) of Section 1240 of the Education Code, or until all legal rights, duties, and powers are returned to the governing board of the school district, whichever comes first.
(3) (A) In accordance with subdivision (l) of Section 41326 of the Education Code, the FCMAT shall review the fiscal oversight of the Plumas Unified School District by the Superintendent of Public Instruction pursuant to subdivision (i) of Section 42127 and subdivision (g) of Section 42131.
The FCMAT may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review.
(B) Within three months of the county superintendent of schools assuming control over Plumas Unified School District, the FCMAT shall report its findings to the Legislature, consistent with Section 9795 of the Government Code, and shall provide a copy of that report to the Department of Finance, the Superintendent of Public Instruction, and the President of the State Board of Education or their designee. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight.
(C) In the year following the completion of the report required pursuant to subparagraph (B), the FCMAT shall begin annual reviews of
the effectiveness of the oversight of the Plumas Unified School District by the Superintendent of Public Instruction.
(f) For purposes of Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, the administrator of the Plumas Unified School District is a public school employer within the meaning of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code).
(g) (1) The county superintendent of schools, with respect to the Plumas Unified School District, may consider the comprehensive assessment conducted by the FCMAT pursuant to Section 41327.1 of the Education Code to meet the requirements for the financial management assessment required pursuant to subdivision (b) of that
section.
(2) The improvement plan for personnel management specified in paragraph (3) of subdivision (a) of Section 41327.1 of the Education Code shall include, but not necessarily be limited to, training for all personnel with management, policymaking, or advisory responsibilities who report or would report directly to the administrator, to ensure they have the knowledge and skills to effectively administer their areas of responsibility consistent with sound fiscal practices and the budgetary requirements of the school district.
(3) Notwithstanding the timelines in subdivision (d) of Section 41327.1 of the Education Code, after the first written status report, the FCMAT shall file subsequent reports annually thereafter as determined by the county superintendent of schools.
(h) (1) Beginning
July 1, 2025, the Plumas Unified School District, through the Superintendent of Public Instruction, may request cashflow loans, also referred to as “emergency apportionments” throughout this section, from the General Fund for a total of up to twenty million dollars ($20,000,000) for emergency operational purposes. In order to qualify for an emergency apportionment, the school district shall comply with Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code to the extent those provisions are consistent with the conditions specified in this section.
(2) Unless otherwise specified in this section, the terms and conditions of any General Fund cashflow loan provided pursuant to this section shall be subject to approval by the Director of Finance, in consultation with the Superintendent of Public Instruction, and shall be consistent with the
terms and conditions of this section. The interest on these loans shall be charged at the prior year annual rate of return of the Pooled Money Investment Account, as of the effective date of this section, plus 2 percent.
(3) Once a General Fund cashflow loan is approved pursuant to this section, and upon the order of the Director of Finance, the Controller shall draw warrants against General Fund cash to the Plumas Unified School District to provide a cashflow loan.
(4) Upon approval of a General Fund cashflow loan pursuant to this section, a repayment schedule shall be determined by the Department of Finance, in consultation with the Superintendent of Public Instruction. If a required payment is not made within 60 calendar days after a scheduled date, the Director of Finance may order the Controller or the Plumas County Treasurer to make an apportionment or revenue transfer
pursuant to paragraphs (2) and (4) of subdivision (l), as applicable, in the amount of the deficiency in the repayment amount.
(5) The Department of Finance shall notify the Legislature within 15 calendar days of authorizing a General Fund cashflow loan pursuant to this section.
(6) A cashflow loan from the General Fund authorized by this section does not constitute budgetary expenditures of the Plumas Unified School District. A cashflow loan, and the repayment of a cashflow loan, made under this section shall not affect the General Fund reserve of the school district.
(7) For the fiscal year in which the emergency apportionments are disbursed and each fiscal year thereafter, the Controller, or their designee, shall cause an audit in lieu of the audit required by Section 41020 of the Education Code to be
conducted of the books and accounts of the Plumas Unified School District. At the discretion of the Controller, the audit may be conducted by the Controller, their designee, or an auditor selected by the school district and approved by the Controller. The Controller shall, without exception, follow all the procedures, requirements, and timelines of Section 41020 of the Education Code. The costs of these audits shall be borne by the school district. The audits shall be required until the county superintendent of schools, with the concurrence of both the Superintendent of Public Instruction and the President of the State Board of Education or their designee, certifies to the Department of Finance that the school district is financially solvent, but in no event earlier than one year following the first disbursement of a cashflow loan pursuant to subdivision (h) or later than the time the apportionment made is repaid, including interest.
(8) The
appointment of an administrator pursuant to Section 41326 of the Education Code does not remove any statutory rights, duties, or obligations from the Superintendent of Public Instruction pursuant to Article 2 (commencing with Section 1240) of Chapter 2 of, or Article 2 (commencing with Section 1620) of Chapter 5 of, Part 2 of Division 1 of Title 1 of the Education Code. The Superintendent shall submit reports to the President of the State Board of Education or their designee, the appropriate fiscal and policy committees of the Legislature, consistent with Section 9795 of the Government Code, and the Director of Finance after review by the county superintendent of schools of the Plumas Unified School District’s budget and interim reports in accordance with subdivision (b) of Section 1622 of the Education Code and subdivision (l) of Section 1240 of the Education Code. These reports shall document the fiscal and administrative status of the Plumas Unified School District, particularly in regard to the
implementation of fiscal and management recovery plans. Each report shall also include a determination of whether the revenue streams to the school district appear to be consistent with its expenditure plan, according to the most recent data available at the time of the report. These reports are required until six months after all rights, duties, and powers are returned to the school district pursuant to subdivision (c).
(i) (1) The Plumas Unified School District shall repay the emergency apportionment incurred pursuant to subdivision (h) as a loan amortized over a maximum 30-year term, with payments in the 2025–26 and 2026–27 fiscal years deferred. This amount shall be repaid by the school district, plus interest calculated at a rate equal to the prior year annual rate earned by the Pooled Money Investment Account on the date this section becomes effective, plus 2 percent, for a period not to exceed 30 years.
(2) The Director of Finance, in consultation with the Superintendent of Public Instruction, may amend the payment schedule set forth pursuant to paragraph (1) if the director concludes that the amendment is warranted and is in the best interests of both the state and the Plumas Unified School District’s education program. Upon that determination, the director shall notify the Joint Legislative Budget Committee that the payment schedule will be changed on the date that is 90 calendar days from the date of notification if the Legislature is in session. If the 90-day period ends during a recess of the Legislature or while the Legislature is not in session, the 90-day period shall be extended until the Legislature reconvenes. Amendments to the payment schedule shall defer the unpaid portion of a repayment of the earliest fiscal year in which no other repayment is scheduled. Interest shall accrue on the unpaid portion of a repayment from the scheduled
due date until the time the payment is actually made. The interest charge shall be the rate equal to the daily investment rate of the Pooled Money Investment Account on the date the pay schedule is changed.
(3) The Plumas Unified School District may repay its obligation without incurring any prepayment penalties.
(j) The Plumas Unified School District shall not voluntarily limit or alter the right hereby vested in the state to receive payments or in any way impair the rights or remedies of the state until the emergency apportionment, together with interest thereon, are fully discharged. This provision is expressly intended to describe, but is not limited to, any change in the nature of the school district’s obligations with respect to the repayment schedule in connection with any reorganization, or proposed reorganization, of the school district pursuant to Chapter 3 (commencing
with Section 35500) of, or Chapter 4 (commencing with Section 35700) of, Part 21 of Division 3 of Title 2 of the Education Code. Pursuant to this subdivision, the State Board of Education shall not take action on a request for reorganization, or proposed reorganization, of the school district pursuant to Chapter 3 (commencing with Section 35500) of, or Chapter 4 (commencing with Section 35700) of, Part 21 of Division 3 of Title 2 of the Education Code, until the emergency apportionments have been repaid in full to the state, and, notwithstanding those chapters and Title 5 of the California Code of Regulations, any such request submitted to the State Board of Education before full repayment shall be administratively dismissed without hearing or any action by the State Board of Education.
(k) (1) Notwithstanding Sections 17456, 17457, 17462, 17462.7, and 17463 of the Education Code, or any other law, from September 1, 2025,
to June 30, 2028, inclusive, the Plumas Unified School District may sell property owned by the school district and use the proceeds from the sale to reduce or retire the emergency apportionment provided in subdivision (h). The sale only of property pursuant to this subdivision is not subject to Section 17459 or 17464 of the Education Code.
(2) Notwithstanding any other law, from September 1, 2025, to June 30, 2028, inclusive, the Plumas Unified School District is not eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10 of Division 1 of Title 1 of the Education Code.
(l) (1) (A) Notwithstanding any other law, the Plumas Unified School District, in connection with this section and in consultation with the Superintendent of Public Instruction, shall elect to
guarantee or provide for the repayment of the emergency apportionment according to the repayment schedule established pursuant to this section, by state intercept, local intercept, or both, upon written notice to the Controller and the Superintendent, due no later than May 1, 2027, and annually on May 1 each year thereafter, with respect to a state intercept, or to the Plumas County Treasurer or other appropriate county fiscal officer, with respect to a local intercept.
(B) The notice required in subparagraph (A) shall contemplate the state intercept as provided in paragraph (2), the local intercept as provided in paragraph (4), or both.
(2) Upon receipt of the notice required in subdivision (a), the Controller shall, commencing with the 2027–28 fiscal year, intercept state funds from apportionment to the Plumas Unified School District on behalf of the state on the date, or during
the period, provided for in the repayment schedule established pursuant to subdivision (i) and in accordance with all of the following:
(A) If the Superintendent of Public Instruction requests the intercept in the full amount of the scheduled payment, in the amount of the scheduled payment or whatever lesser amount is available from the sources described in paragraph (3).
(B) If the Superintendent of Public Instruction does not request an intercept in the full amount of the scheduled payment, in the amount of the anticipated deficiency for the purpose of making the required payment indicated in a written request of the Superintendent to the Controller and in the amount of the actual shortfall in payment indicated in a written request of the recipient or the Superintendent to the Controller or whatever lesser amount is available from the sources described in paragraph (3).
(C) To the extent funds available for an apportionment are insufficient to pay the amount set forth in the repayment schedule in any period, the Controller shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period.
(3) The Controller shall make an intercept of funds under this subdivision only from moneys designated for apportionment to the Plumas Unified School District, and only from any funding apportioned by the state for the principal apportionment pursuant to Sections 14002 and 14041 of the Education Code.
(4) Upon receipt of the notice required by paragraph (1), the Plumas County Treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer to the indicated recipient on the date, or during the period, shown
in the repayment schedule in accordance with all of the following:
(A) If the Plumas Unified School District requests transfers in full as scheduled, in the amount of the scheduled transfer or whatever lesser amount is available from the sources described in paragraph (5).
(B) To the extent funds available for an apportionment or revenue transfer are insufficient to pay the amount set forth in the repayment schedule in any period, the Plumas County Treasurer or other appropriate county fiscal officer shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period.
(C) In making apportionments under this subdivision, the Plumas County Treasurer or other appropriate county fiscal officer may rely conclusively and without liability on any notice or request
delivered under this subdivision. The Plumas County Treasurer or other appropriate county fiscal officer may make, but is not obligated to make, apportionments or revenue transfers not reflected on a notice or on an amended, supplemented, or restated notice delivered under this subdivision that the Plumas County Treasurer or other appropriate county fiscal officer receives less than 20 business days before when the apportionment would otherwise be required.
(5) The Plumas County Treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer under this subdivision only from moneys designated for apportionment to the Plumas Unified School District from sources that are described in subdivision (c) of Section 42238.03 of the Education Code.
(6) (A) The amount apportioned for the Plumas Unified School District pursuant to
this subdivision shall be deemed to be an allocation to the Plumas Unified School District and shall be included in the computation of allocation, limit, entitlement, or apportionment for the Plumas Unified School District.
(B) The Plumas Unified School District and its creditors do not have a claim to funds apportioned or anticipated to be apportioned by the Controller or the county treasurer or appropriate county fiscal officer, as applicable, pursuant to this subdivision.
(7) This subdivision does not make the State of California liable for any payments within the meaning of Section 1 of Article XVI of the California Constitution.
(8) This subdivision does not obligate the State of California to make available the sources of apportionment under paragraph (3) or a county to make available the sources of
apportionment under paragraph (5) in any amount or at any time or, except as provided in this subdivision, to fund any payment described in this subdivision. This paragraph is intended solely to clarify existing law.
(m) Commencing with the 2025–26 fiscal year and continuing until the Plumas Unified School District repays to the state all emergency apportionments, including the interest thereon, pursuant to this section and Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3 of Part 24 of Division 3 of Title 2 of the Education Code, as applicable, the Plumas Unified School District shall receive the amount of the warrants for the principal apportionments without regard to any deferral for each month pursuant to the schedule outlined in subdivision (a) of Section 14041 of the Education Code.
SEC. 99.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025.
