Bill Text: CA SB1346 | 2013-2014 | Regular Session | Amended
Bill Title: Schools: accountability: local control and accountability plans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-25 - Set, first hearing. Hearing canceled at the request of author. [SB1346 Detail]
Download: California-2013-SB1346-Amended.html
BILL NUMBER: SB 1346 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Wyland
FEBRUARY 21, 2014
An act to amend Sections 41020, 42127, 42238.07, 52052, 52060,
52061, 52063, 52064, 52066, 52067, 52069, 52071, and 52071.5 of, and
to add Section 54030 to, the Education Code, relating to schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 1346, as amended, Wyland. Schools: accountability: local
control and accountability plans.
(1) Existing law establishes the public school system in this
state and, among other things, provides for the establishment of
county superintendents of schools, school districts, and charter
schools throughout the state. Existing law establishes a public
school financing system that requires state funding for county
superintendents of schools, school districts, and charter schools to
be calculated pursuant to a local control funding formula, as
specified. Existing law, by not later than May 1 of each fiscal year,
requires the governing board of each local educational agency to
provide for an audit of the books and accounts of the local
educational agency, as specified.
This bill would require an audit of a local educational agency to
also include whether expenditures were in compliance with the
regulations related to the expenditure of moneys apportioned on the
basis of the number and concentration of unduplicated pupils, as
defined.
(2) Existing law requires the Superintendent of Public
Instruction, with approval of the State Board of Education, to
develop an Academic Performance Index to measure the performance of
schools and school districts, especially the academic performance of
pupils. Existing law requires a school or school district to
demonstrate comparable improvement in academic achievement as
measured by the Academic Performance Index by all numerically
significant pupil subgroups at the school or school district, as
specified.
This bill would add reclassified English learners, as provided, to
the list of pupil subgroups concerning which a school or school
district is required to demonstrate this improvement, if the subgroup
is numerically significant. By adding to the duties of local
educational agencies, this bill would impose a state-mandated local
program.
(3) Existing law requires the State Board of Education, on or
before January 31, 2014, to adopt regulations that govern the
expenditure of funds apportioned on the basis of the number and
concentration of unduplicated pupils pursuant to the local control
funding formula. Existing law requires the regulations to include
provisions that, among other things, authorize a school district,
county office of education, or charter school to use funds
apportioned on the basis of the number of unduplicated pupils for
schoolwide purposes, or, for school districts, districtwide purposes,
for county offices of education, countywide purposes, or for charter
schools, charterwide purposes, in a manner no more restrictive than
the federal No Child Left Behind Act of 2011.
This bill would require the state board, on or before January 31,
2015, to revise those regulations to authorize a school district,
county office of education, or charter school to use funds
apportioned on the basis of both the number and concentration of
unduplicated pupils for schoolwide purposes. The bill also would
require the revised regulations to authorize a school district or
county office of education to use funds apportioned on the basis of
both the number and concentration of unduplicated pupils for
districtwide or countywide purposes, respectively.
(3)
(4) Existing law requires a county board of education
and a governing board of a school district to annually adopt or
revise a local control and accountability plan that aligns with its
annual budget and contains certain elements, including, among other
elements, a description of the annual goals for all pupils and
specified subgraps subgroups of pupils
to be achieved for each specified state priority. Existing law
requires a charter for a charter school to include many of the local
control and accountability plan elements and requires the charter
school to annually update its plan related to those elements.
Existing law, an initiative measure, requires that all children in
public schools, with certain exceptions, be taught English by being
taught in English, requires that all children be placed in English
language classrooms, and requires that children who are English
learners be educated through sheltered English immersion during a
temporary transition period not normally intended to exceed one year.
This bill would revise provisions regarding local control and
accountability plans, primarily in regard to English learners,
including requiring each county superintendent of schools and the
governing board of a school district to include a listing and
description of certain expenditures in its local control and
accountability plan, as specified. The bill would add to the list of
state priorities the extent to which teachers, administrators, and
staff receive professional development or participate in induction
programs, including the type and subject areas of the professional
development provided. By adding to the duties of local educational
agencies, this bill would impose a state-mandated local program.
(4)
(5) Existing law, on or before March 31, 2014, requires
the State Board of Education to adopt templates for use by school
districts and county superintendents of schools to meet the
requirement requirements of local control and
accountability plans.
This bill would would, on or before March
31, 2015, require the templates developed by
the state board to, to adopt templates to,
among other things, ensure that each school district, county
superintendent of schools, or charter school that receives
supplemental and concentration funds for unduplicated pupils include
specified information in its local control and accountability plan.
(5)
(6) Existing law requires, on or before July 1 of each
fiscal year, the governing board of each school district to, among
other things, adopt a budget, as provided. Existing law requires the
county superintendent of schools to determine whether the adopted
budget includes the expenditures necessary to implement the local
control and accountability plan or annual update to the local control
and accountability plan approved by the county superintendent of
schools.
This bill would require the county superintendent of schools to
also determine whether the adopted budget complies with the
regulations related to the expenditure of moneys apportioned on the
basis of the number and concentration of unduplicated pupils, as
defined.
(6)
(7) Existing law requires the governing board of a
school district to establish a parent advisory committee to provide
advice to the governing board of the school district and the
superintendent of the school district, as specified. Existing law
additionally requires the governing board of a school district to
establish an English learner parent advisory committee if the
enrollment of the school district includes at least 15% English
learners and the school district enrolls at least 50 pupils who are
English learners.
This bill would instead require the governing board of a school
district to establish a districtwide parent advisory committee and,
as a condition of state supplemental grant funds, if either the
enrollment of the school district includes at least 15% English
learners or the school district enrolls at least 50 pupils who are
English learners, to establish a districtwide English learner parent
advisory committee. The bill would require the districtwide English
learner parent advisory committee to advise the governing board of
the school district on specified tasks, including, among others, the
establishment of school district goals and objectives for programs
and services for English learners and school district
reclassification procedures.
(7)
(8) Existing law requires a county superintendent of
schools to establish an English learner parent advisory committee if
the enrollment of the pupils in the schools and programs operated by
the county superintendent of schools includes at least 15% English
learners and the schools and programs operated by the county
superintendent of schools enroll at least 50 pupils who are English
learners.
This bill would instead require a county superintendent of schools
to establish an English learner parent advisory committee if either
the enrollment of the pupils in the schools and programs operated by
the county superintendent of schools includes at least 15% English
learners or the schools and programs operated by the county
superintendent of schools enroll at least 50 pupils who are English
learners.
(8)
(9) This bill would make other related and conforming
changes and various nonsubstantive changes.
(9)
(10) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41020 of the Education Code is amended to read:
41020. (a) It is the intent of the Legislature to encourage sound
fiscal management practices among local educational agencies for the
most efficient and effective use of public funds for the education
of children in California by strengthening fiscal accountability at
the school district, county, and state levels.
(b) (1) Not later than the first day of May of each fiscal year,
each county superintendent of schools shall provide for an audit of
all funds under his or her jurisdiction and control and the governing
board of each local educational agency shall either 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.
(2) A contract to perform the audit of a local educational agency
that has a disapproved budget or has received a negative
certification on any budget or interim financial report during the
current fiscal year or either of the two preceding fiscal years, or
for which the county superintendent of schools has otherwise
determined that a lack of going concern exists, is not valid unless
approved by the responsible county superintendent of schools and the
governing board.
(3) If the governing board of a local educational agency has not
provided for an audit of the books and accounts of the local
educational agency by April 1, the county superintendent of schools
having jurisdiction over the local educational agency shall provide
for the audit of each local educational agency.
(4) An audit conducted pursuant to this section shall comply fully
with the Government Auditing Standards issued by the Comptroller
General of the United States.
(5) For purposes of this section, "local educational agency" does
not include community colleges.
(c) Each audit conducted in accordance with this section shall
include all funds of the local educational agency, including the
student body and cafeteria funds and accounts and any other funds
under the control or jurisdiction of the local educational agency.
Each audit shall also include an audit of pupil attendance
procedures. Each audit shall include a determination of whether funds
were expended pursuant to a local control and accountability plan or
an approved annual update to a local control and accountability plan
pursuant to Article 4.5 (commencing with Section 52060) of Chapter
6.1 of Part 28 of Division 4 and whether expenditures were in
compliance with the regulations adopted pursuant to Section 42238.07.
(d) All audit reports for each fiscal year shall be developed and
reported using a format established by the Controller after
consultation with the Superintendent and the Director of Finance.
(e) (1) The cost of the audits provided for by the county
superintendent of schools shall be paid from the county school
service fund and the county superintendent of schools shall transfer
the pro rata share of the cost chargeable to each school district
from school district funds.
(2) The cost of the audit provided for by a governing board of a
local educational agency shall be paid from local educational agency
funds. The audit of the funds under the jurisdiction and control of
the county superintendent of schools shall be paid from the county
school service fund.
(f) (1) The audits shall be made by a certified public accountant
or a public accountant, licensed by the California Board of
Accountancy, and selected by the local educational agency, as
applicable, from a directory of certified public accountants and
public accountants deemed by the Controller as qualified to conduct
audits of local educational agencies, which shall be published by the
Controller not later than December 31 of each year.
(2) Commencing with the 2003-04 fiscal year and except as provided
in subdivision (d) of Section 41320.1, it is unlawful for a public
accounting firm to provide audit services to a local educational
agency if the lead audit partner, or coordinating audit partner,
having primary responsibility for the audit, or the audit partner
responsible for reviewing the audit, has performed audit services for
that local educational agency in each of the six previous fiscal
years. The Education Audits Appeal Panel may waive this requirement
if the panel finds that no otherwise eligible auditor is available to
perform the audit.
(3) It is the intent of the Legislature that, notwithstanding
paragraph (2), the rotation within public accounting firms conform to
provisions of the federal Sarbanes-Oxley Act of 2002 (Public Law
107-204; 15 U.S.C. Sec. 7201 et seq.), and upon release of the report
required by the act of the Comptroller General of the United States
addressing the mandatory rotation of registered public accounting
firms, the Legislature intends to reconsider the provisions of
paragraph (2). In determining which certified public accountants and
public accountants shall be included in the directory, the Controller
shall use the following criteria:
(A) The certified public accountants or public accountants shall
be in good standing as certified by the California Board of
Accountancy.
(B) The certified public accountants or public accountants, as a
result of a quality control review conducted by the Controller
pursuant to Section 14504.2, shall not have been found to have
conducted an audit in a manner constituting noncompliance with
subdivision (a) of Section 14503.
(g) (1) The auditor's report shall include each of the following:
(A) A statement that the audit was conducted pursuant to standards
and procedures developed in accordance with Chapter 3 (commencing
with Section 14500) of Part 9 of Division 1 of Title 1.
(B) A summary of audit exceptions and management improvement
recommendations.
(C) Each audit of a local educational agency shall include an
evaluation by the auditor on whether there is substantial doubt about
the ability of the local educational agency to continue as a going
concern for a reasonable period of time. This evaluation shall be
based on the Statement Statements on
Auditing Standards (SAS) No. 59, as issued by the AICPA
American Institute of Certified Public Accountants
(AICPA) regarding disclosure requirements relating to the
ability of the entity to continue as a going concern.
(2) To the extent possible, a description of correction or plan of
correction shall be incorporated in the audit report, describing the
specific actions that are planned to be taken, or that have been
taken, to correct the problem identified by the auditor. The
descriptions of specific actions to be taken or that have been taken
shall not solely consist of general comments such as "will implement,"
"accepted the recommendation," or "will discuss at a later date."
(h) Not later than December 15, a report of each local educational
agency audit for the preceding fiscal year shall be filed with the
county superintendent of schools of the county in which the local
educational agency is located, the department, and the Controller.
The Superintendent shall make any adjustments necessary in future
apportionments of all state funds, to correct any audit exceptions
revealed by those audit reports.
(i) (1) Commencing with the 2002-03 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall be responsible
for reviewing the audit exceptions contained in an audit of a local
educational agency under his or her jurisdiction related to
attendance, inventory of equipment, internal control, and any
miscellaneous items, and determining whether the exceptions have been
either corrected or an acceptable plan of correction has been
developed.
(2) Commencing with the 2004-05 audit of local educational
agencies pursuant to this section and subdivision (d) of Section
41320.1, each county superintendent of schools shall include in the
review of audit exceptions performed pursuant to this subdivision
those audit exceptions related to use of instructional materials
program funds, teacher misassignments pursuant to Section 44258.9,
and information reported on the school accountability
report card required pursuant to Section 33126
33126, and shall determine whether the exceptions are
either corrected or an acceptable plan of correction has been
developed.
(j) Upon submission of the final audit report to the governing
board of each local educational agency and subsequent receipt of the
audit by the county superintendent of schools having jurisdiction
over the local educational agency, the county office of education
shall do all of the following:
(1) Review audit exceptions related to attendance, inventory of
equipment, internal control, and other miscellaneous exceptions.
Attendance exceptions or issues shall include, but not be limited to,
those related to local control funding formula allocations pursuant
to Section 42238.02, as implemented by Section 42238.03, and
independent study.
(2) If a description of the correction or plan of correction has
not been provided as part of the audit required by this section, then
the county superintendent of schools shall notify the local
educational agency and request the governing board of the local
educational agency to provide to the county superintendent of schools
a description of the corrections or plan of correction by March 15.
(3) Review the description of correction or plan of correction and
determine its adequacy. If the description of the correction or plan
of correction is not adequate, the county superintendent of schools
shall require the local educational agency to resubmit that portion
of its response that is inadequate.
(k) Each county superintendent of schools shall certify to the
Superintendent and the Controller, not later than May 15, that his or
her staff has reviewed all audits of local educational agencies
under his or her jurisdiction for the prior fiscal year, that all
exceptions that the county superintendent was required to review were
reviewed, and that all of those exceptions, except as otherwise
noted in the certification, have been corrected by the local
educational agency or that an acceptable plan of correction has been
submitted to the county superintendent of schools. In addition, the
county superintendent shall identify, by local educational agency,
any attendance-related audit exception or exceptions involving state
funds, and require the local educational agency to which the audit
exceptions were directed to submit appropriate reporting forms for
processing by the Superintendent.
( l ) In the audit of a local educational agency for a
subsequent year, the auditor shall review the correction or plan or
plans of correction submitted by the local educational agency to
determine if the exceptions have been resolved. If not, the auditor
shall immediately notify the appropriate county office of education
and the department and restate the exception in the audit report.
After receiving that notification, the department shall either
consult with the local educational agency to resolve the exception or
require the county superintendent of schools to follow up with the
local educational agency.
(m) (1) The Superintendent shall be responsible for ensuring that
local educational agencies have either corrected or developed plans
of correction for any one or more of the following:
(A) All federal and state compliance audit exceptions identified
in the audit.
(B) Any exceptions that the county superintendent certifies as of
May 15 have not been corrected.
(C) Any repeat audit exceptions that are not assigned to a county
superintendent to correct.
(2) In addition, the Superintendent shall be responsible for
ensuring that county superintendents of schools and each county board
of education that serves as the governing board of a local
educational agency either correct all audit exceptions identified in
the audits of county superintendents of schools and of the local
educational agencies for which the county boards of education serve
as the governing boards or develop acceptable plans of correction for
those exceptions.
(3) The Superintendent shall report annually to the Controller on
his or her actions to ensure that school districts, county
superintendents of schools, and each county board of education that
serves as the governing board of a school district have either
corrected or developed plans of correction for any of the exceptions
noted pursuant to paragraph (1).
(n) To facilitate correction of the exceptions identified by the
audits issued pursuant to this section, commencing with 2002-03
audits pursuant to this section, the Controller shall require
auditors to categorize audit exceptions in each audit report in a
manner that will make it clear to both the county superintendent of
schools and the Superintendent which exceptions they are responsible
for ensuring the correction of by a local educational agency. In
addition, the Controller annually shall select a sampling of county
superintendents of schools and perform a followup of the audit
resolution process of those county superintendents of schools and
report the results of that followup to the Superintendent and the
county superintendents of schools that were reviewed.
(o) County superintendents of schools shall adjust subsequent
local property tax requirements to correct audit exceptions relating
to local educational agency tax rates and tax revenues.
(p) If a governing board or county superintendent of schools fails
or is unable to make satisfactory arrangements for the audit
pursuant to this section, the Controller shall make arrangements for
the audit and the cost of the audit shall be paid from local
educational agency funds or the county school service fund, as the
case may be.
(q) Audits of regional occupational centers and programs are
subject to the provisions of this section.
(r) This section does not authorize examination of, or reports on,
the curriculum used or provided for in any local educational agency.
(s) Notwithstanding any other law, an auditing, management, or
other consulting service to be provided to a local educational agency
by a certified public accounting firm while the certified public
accounting firm is performing an audit of the agency pursuant to this
section must be in accord with Government Accounting Standards,
Amendment No. 3, as published by the United States General Accounting
Office.
SEC. 2. Section 42127 of the Education Code is amended to read:
42127. (a) On or before July 1 of each year, the governing board
of each school district shall accomplish the following:
(1) Hold a public hearing on the budget to be adopted for the
subsequent fiscal year. The budget to be adopted shall be prepared in
accordance with Section 42126. The agenda for that hearing shall be
posted at least 72 hours before the public hearing and shall include
the location where the budget will be available for public
inspection.
(A) For the 2011-12 fiscal year, notwithstanding any of the
standards and criteria adopted by the state board pursuant to Section
33127, each school district budget shall project the same level of
revenue per unit of average daily attendance as it received in the
2010-11 fiscal year and shall maintain staffing and program levels
commensurate with that level.
(B) For the 2011-12 fiscal year, the school district shall not be
required to demonstrate that it is able to meet its financial
obligations for the two subsequent fiscal years.
(2) Adopt a budget. Not later than five days after that adoption
or by July 1, whichever occurs first, the governing board of the
school district shall file that budget with the county superintendent
of schools. The budget and supporting data shall be maintained and
made available for public review. If the governing board of the
school district does not want all or a portion of the property tax
requirement levied for the purpose of making payments for the
interest and redemption charges on indebtedness as described in
paragraph (1) or (2) of subdivision (b) of Section 1 of Article XIII
A of the California Constitution, the budget shall include a
statement of the amount or portion for which a levy shall not be
made. For the 2014-15 fiscal year and each fiscal year thereafter,
the governing board of the school district shall not adopt a budget
before the governing board of the school district adopts a local
control and accountability plan, if an existing local control and
accountability plan or annual update to a local control and
accountability plan is not effective for the budget year. The
governing board of a school district shall not adopt a budget that
does not include the expenditures necessary to implement the local
control and accountability plan or the annual update to a local
control and accountability plan that is effective during the
subsequent fiscal year.
(b) The county superintendent of schools may accept changes in any
statement included in the budget, pursuant to subdivision (a), of
the amount or portion for which a property tax levy shall not be
made. The county superintendent of schools or the county auditor
shall compute the actual amounts to be levied on the property tax
rolls of the school district for purposes that exceed apportionments
to the school district pursuant to Chapter 6 (commencing with Section
95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. Each
school district shall provide all data needed by the county
superintendent of schools or the county auditor to compute the
amounts. On or before August 15, the county superintendent of schools
shall transmit the amounts computed to the county auditor who shall
compute the tax rates necessary to produce the amounts. On or before
September 1, the county auditor shall submit the rate computed to the
board of supervisors for adoption.
(c) The county superintendent of schools shall do all of the
following:
(1) Examine the adopted budget to determine whether it complies
with the standards and criteria adopted by the state board pursuant
to Section 33127 for application to final local educational agency
budgets. The county superintendent of schools shall identify, if
necessary, technical corrections that are required to be made to
bring the budget into compliance with those standards and criteria.
(2) Determine whether the adopted budget will allow the school
district to meet its financial obligations during the fiscal year and
is consistent with a financial plan that will enable the school
district to satisfy its multiyear financial commitments. In addition
to his or her own analysis of the budget of each school district, the
county superintendent of schools shall review and consider studies,
reports, evaluations, or audits of the school district that were
commissioned by the school district, the county superintendent of
schools, the Superintendent, and state control agencies and that
contain evidence that the school district is showing fiscal distress
under the standards and criteria adopted in Section 33127 or that
contain a finding by an external reviewer that more than 3 of the 15
most common predictors of a school district needing intervention, as
determined by the County Office Fiscal Crisis and Management
Assistance Team, are present. The county superintendent of schools
shall either conditionally approve or disapprove a budget that does
not provide adequate assurance that the school district will meet its
current and future obligations and resolve any problems identified
in studies, reports, evaluations, or audits described in this
paragraph.
(3) Determine whether the adopted budget includes the expenditures
necessary to implement the local control and accountability plan or
annual update to the local control and accountability plan approved
by the county superintendent of schools and whether those
expenditures comply with the regulations adopted pursuant to Section
42238.07.
(d) (1) On or before August 15, the county superintendent of
schools shall approve, conditionally approve, or disapprove the
adopted budget for each school district. For the 2014-15
2015-16 fiscal year and each fiscal year
thereafter, the county superintendent of schools shall disapprove a
budget if the county superintendent of schools determines that the
budget does not include the expenditures necessary to implement a
local control and accountability plan or an annual update to the
local control and accountability plan approved by the county
superintendent of schools or does not comply with the regulations
adopted pursuant to Section 42238.07. If a school district does not
submit a budget to the county superintendent of schools, the county
superintendent of schools shall develop, at school district expense,
a budget for that school district by September 15 and transmit that
budget to the governing board of the school district. The budget
prepared by the county superintendent of schools shall be deemed
adopted, unless the county superintendent of schools approves any
modifications made by the governing board of the school district. The
approved budget shall be used as a guide for the school district's
priorities. The Superintendent shall review and certify the budget
approved by the county. If, pursuant to the review conducted pursuant
to subdivision (c), the county superintendent of schools determines
that the adopted budget for a school district does not satisfy
paragraph (1), (2), or (3) of that subdivision, he or she shall
conditionally approve or disapprove the budget and, not later than
August 15, transmit to the governing board of the school district, in
writing, his or her recommendations regarding revision of the budget
and the reasons for those recommendations, including, but not
limited to, the amounts of any budget adjustments needed before he or
she can approve that budget. The county superintendent of schools
may assign a fiscal adviser to assist the school district to develop
a budget in compliance with those revisions. In addition, the county
superintendent of schools may appoint a committee to examine and
comment on the superintendent's review and recommendations, subject
to the requirement that the committee report its findings to the
county superintendent of schools no later than August 20. For the
2011-12 fiscal year, notwithstanding any of the standards and
criteria adopted by the state board pursuant to Section 33127, the
county superintendent of schools, as a condition on approval of a
school district budget, shall not require a school district to
project a lower level of revenue per unit of average daily attendance
than it received in the 2010-11 fiscal year nor require the school
district to demonstrate that it is able to meet its financial
obligations for the two subsequent fiscal years.
(2) Notwithstanding any other provision of this article, for the
2014-15 fiscal year and each fiscal year thereafter, the budget shall
not be adopted or approved by the county superintendent of schools
before a local control and accountability plan or update to an
existing local control and accountability plan for the budget year is
approved.
(e) On or before September 8, the governing board of the school
district shall revise the adopted budget to reflect changes in
projected income or expenditures subsequent to July 1, and to include
any response to the recommendations of the county superintendent of
schools, shall adopt the revised budget, and shall file the revised
budget with the county superintendent of schools. Before revising the
budget, the governing board of the school district shall hold a
public hearing regarding the proposed revisions, to be conducted in
accordance with Section 42103. In addition, if the adopted budget is
disapproved pursuant to subdivision (d), the governing board of the
school district and the county superintendent of schools shall review
the disapproval and the recommendations of the county superintendent
of schools regarding revision of the budget at the public hearing.
The revised budget and supporting data shall be maintained and made
available for public review.
(1) For the 2011-12 fiscal year, notwithstanding any of the
standards and criteria adopted by the state board pursuant to Section
33127, each school district budget shall project the same level of
revenue per unit of average daily attendance as it received in the
2010-11 fiscal year and shall maintain staffing and program levels
commensurate with that level.
(2) For the 2011-12 fiscal year, the school district shall not be
required to demonstrate that it is able to meet its financial
obligations for the two subsequent fiscal years.
(f) On or before September 22, the county superintendent of
schools shall provide a list to the Superintendent identifying all
school districts for which budgets may be disapproved.
(g) (1) The county superintendent of schools shall examine the
revised budget to determine whether 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 school district to meet its financial obligations during
the fiscal year, (C) satisfies all conditions established by the
county superintendent of schools in the case of a conditionally
approved budget, and (D) is consistent with a financial plan that
will enable the school district to satisfy its multiyear financial
commitments, and, not later than October 8, shall approve or
disapprove the revised budget. If the county superintendent of
schools disapproves the budget, he or she shall call for the
formation of a budget review committee pursuant to Section 42127.1,
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 immediately has the authority and responsibility provided 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 November 30. If no budget is
adopted by November 30, the Superintendent may adopt a budget for the
school district. The Superintendent shall report to the Legislature
and the Director of Finance by December 10 if any school district,
including a school district that has received a waiver of
the budget review committee process,
does not have an adopted budget by November 30. This report shall
include the reasons why a budget has not been adopted by the
deadline, the steps being taken to finalize budget adoption, the date
the adopted budget is anticipated, and whether the Superintendent
has or will exercise his or her authority to adopt a budget for the
school district. For the 2011-12 fiscal year, notwithstanding any of
the standards and criteria adopted by the state board pursuant to
Section 33127, the county superintendent of schools, as a condition
on approval of a school district budget, shall not require a school
district to project a lower level of revenue per unit of average
daily attendance than it received in the 2010-11 fiscal year nor
require the school district to demonstrate that it is able to meet
its financial obligations for the two subsequent fiscal years.
(2) Notwithstanding any other law, for the 2014-15 fiscal year and
each fiscal year thereafter, if the county superintendent of schools
disapproves the budget for the sole reason that the county
superintendent of schools has not approved a local control and
accountability plan or an annual update to the local control and
accountability plan filed by the school district pursuant to Section
52061, the county superintendent of schools shall not call for the
formation of a budget review committee pursuant to Section 42127.1.
(h) Not later than October 8, the county superintendent of schools
shall submit a report to the Superintendent identifying all school
districts for which budgets have been disapproved or budget review
committees waived. The report shall include a copy of the written
response transmitted to each of those school districts pursuant to
paragraph (1) of subdivision (d).
(i) Notwithstanding any other provision of this section, the
budget review for a school district shall be governed by paragraphs
(1), (2), and (3), rather than by subdivisions (e) and (g), if the
governing board of the school district so elects and notifies the
county superintendent of schools in writing of that decision, not
later than October 31 of the immediately preceding calendar year. On
or before July 1, the governing board of a school district for which
the budget review is governed by this subdivision, rather than by
subdivisions (e) and (g), shall conduct a public hearing regarding
its proposed budget in accordance with Section 42103.
(1) If the adopted budget of a school district is disapproved
pursuant to subdivision (d), on or before September 8, the governing
board of the school district, in conjunction with the county
superintendent of schools, shall review the superintendent's
recommendations at a regular meeting of the governing board of the
school district and respond to those recommendations. The response
shall include any revisions to the adopted budget and other proposed
actions to be taken, if any, as a result of those recommendations.
(2) On or before September 22, the county superintendent of
schools shall provide a list to the Superintendent identifying all
school districts for which a budget may be tentatively disapproved.
(3) Not later than October 8, after receiving the response
required under paragraph (1), the county superintendent of schools
shall review that response and either approve or disapprove the
budget. Except as provided in paragraph (2) of subdivision (g), if
the county superintendent of schools disapproves the budget, he or
she shall call for the formation of a budget review committee
pursuant to Section 42127.1, 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 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 November 30.
The Superintendent shall report to the Legislature and the Director
of Finance by December 10 if any school district, including a school
district that has received a waiver of the budget review committee
process, does not have an adopted budget by November 30. This report
shall include the reasons why a budget has not been adopted by the
deadline, the steps being taken to finalize budget adoption, and the
date the adopted budget is anticipated. For the 2011-12 fiscal year,
notwithstanding any of the standards and criteria adopted by the
state board pursuant to Section 33127, the county superintendent of
schools, as a condition on approval of a school district budget,
shall not require a school district to project a lower level of
revenue per unit of average daily attendance than it received in the
2010-11 fiscal year nor require the school district to demonstrate
that it is able to meet its financial obligations for the two
subsequent fiscal years.
(4) Not later than 45 days after the Governor signs the annual
Budget Act, the school district 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.
(j) Any school district for which the county board of education
serves as the governing board of the school district is not subject
to subdivisions (c) to (h), inclusive, but is governed instead by the
budget procedures set forth in Section 1622.
SEC. 3. Section 42238.07 of the Education Code is amended to read:
42238.07. (a) On or before January 31, 2014, the state board
shall adopt regulations that govern the expenditure of funds
apportioned on the basis of the number and concentration of
unduplicated pupils pursuant to Sections 2574, 2575, 42238.02, and
42238.03. The regulations shall include, but are not limited to,
provisions that do all both of the
following:
(1) Require a school district, county office of education, or
charter school to increase or improve services for unduplicated
pupils in proportion to the increase in funds apportioned on the
basis of the number and concentration of unduplicated pupils in the
school district, county office of education, or charter school.
(2) Authorize a school district, county office of education, or
charter school to use funds apportioned on the basis of the number
and concentration of unduplicated pupils for schoolwide purposes. The
regulations governing the expenditures of moneys forschoolwide
purposes shall not be more restrictive than the restrictions provided
for in Title I of the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).
(3) Authorize a school district or county office of education to
use of funds apportioned on the basis of the number and concentration
of unduplicated pupils, for school districts, for districtwide
purposes, or, for county offices of education, for countywide
purposes.
(b) On or before January 31, 2015, the state board shall revise
the regulations adopted pursuant to subdivision (a) to do both of the
following:
(1) Authorize a school district, county office of education, or
charter school to use funds apportioned on the basis of the number
and concentration of unduplicated pupils for schoolwide purposes. The
regulations governing the expenditures of moneys for schoolwide
purposes shall not be more restrictive than the restrictions provided
for in Title I of the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).
(2) Authorize a school district or county office of education to
use funds apportioned on the basis of the number and concentration of
unduplicated pupils, for school districts, for districtwide
purposes, or, for county offices of education, for countywide
purposes.
(b)
(c) The state board may adopt emergency regulations for
purposes of this section.
SEC. 4. Section 52052 of the Education Code is amended to read:
52052. (a) (1) The Superintendent, with approval of the state
board, shall develop an Academic Performance Index (API), to measure
the performance of schools and school districts, especially the
academic performance of pupils.
(2) A school or school district shall demonstrate comparable
improvement in academic achievement as measured by the API by all
numerically significant pupil subgroups at the school or school
district, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English learners.
(D) Pupils with disabilities.
(E) Foster youth.
(F) Reclassified English learners. The inclusion of reclassified
English learners in the API shall, at a minimum, be consistent with
the manner in which reclassified English learners are included in the
determination of adequate yearly progress, as required by Section
6311(b)(2)(B) of the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that consists of at least 30 pupils, each of
whom has a valid test score.
(B) Notwithstanding subparagraph (A), for a subgroup of pupils who
are foster youth, a numerically significant pupil subgroup is one
that consists of at least 15 pupils.
(C) For a school or school district with an API score that is
based on no fewer than 11 and no more than 99 pupils with valid test
scores, numerically significant pupil subgroups shall be defined by
the Superintendent, with approval by the state board.
(4) (A) The API shall consist of a variety of indicators currently
reported to the department, including, but not limited to, the
results of the achievement test administered pursuant to Section
60640, attendance rates for pupils in elementary schools, middle
schools, and secondary schools, and the graduation rates for pupils
in secondary schools.
(B) The Superintendent, with the approval of the state board, may
also incorporate into the API the rates at which pupils successfully
promote from one grade to the next in middle school and high school,
and successfully matriculate from middle school to high school.
(C) Graduation rates for pupils in secondary schools shall be
calculated for the API as follows:
(i) Four-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be three school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (ii).
(ii) The number of pupils entering grade 9 for the first time in
the school year three school years before the current school year,
plus the number of pupils who transferred into the class graduating
at the end of the current school year between the school year that
was three school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was three school years before the
current school year and the date of graduation who were members of
the class that is graduating at the end of the current school year.
(iii) Five-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be four school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (iv).
(iv) The number of pupils entering grade 9 for the first time in
the school year four years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was four
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was four years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(v) Six-year graduation rates shall be calculated by taking the
number of pupils who graduated on time for the current school year,
which is considered to be five school years after the pupils entered
grade 9 for the first time, and dividing that number by the total
calculated in clause (vi).
(vi) The number of pupils entering grade 9 for the first time in
the school year five years before the current school year, plus the
number of pupils who transferred into the class graduating at the end
of the current school year between the school year that was five
school years before the current school year and the date of
graduation, less the number of pupils who transferred out of the
school between the school year that was five years before the current
school year and the date of graduation who were members of the class
that is graduating at the end of the current school year.
(D) The inclusion of five- and six-year graduation rates for
pupils in secondary schools shall meet the following requirements:
(i) Schools and school districts shall be granted one-half the
credit in their API scores for graduating pupils in five years that
they are granted for graduating pupils in four years.
(ii) Schools and school districts shall be granted one-quarter the
credit in their API scores for graduating pupils in six years that
they are granted for graduating pupils in four years.
(iii) Notwithstanding clauses (i) and (ii), schools and school
districts shall be granted full credit in their API scores for
graduating in five or six years a pupil with disabilities who
graduates in accordance with his or her individualized education
program.
(E) The pupil data collected for the API that comes from the
achievement test administered pursuant to Section 60640 and the high
school exit examination administered pursuant to Section 60851, when
fully implemented, shall be disaggregated by special education
status, English learners, socioeconomic status, gender, and ethnic
group. Only the test scores of pupils who were counted as part of the
enrollment in the annual data collection of the California Basic
Educational Data System for the current fiscal year and who were
continuously enrolled during that year may be included in the test
result reports in the API score of the school.
(F) (i) Commencing with the baseline API calculation in 2016, and
for each year thereafter, results of the achievement test and other
tests specified in subdivision (b) shall constitute no more than 60
percent of the value of the index for secondary schools.
(ii) In addition to the elements required by this paragraph, the
Superintendent, with approval of the state board, may incorporate
into the index for secondary schools valid, reliable, and stable
measures of pupil preparedness for postsecondary education and
career.
(G) Results of the achievement test and other tests specified in
subdivision (b) shall constitute at least 60 percent of the value of
the index for primary schools and middle schools.
(H) It is the intent of the Legislature that the state's system of
public school accountability be more closely aligned with both the
public's expectations for public education and the workforce needs of
the state's economy. It is therefore necessary that the
accountability system evolve beyond its narrow focus on pupil test
scores to encompass other valuable information about school
performance, including, but not limited to, pupil preparedness for
college and career, as well as the high school graduation rates
already required by law.
(I) The Superintendent shall annually determine the accuracy of
the graduation rate data. Notwithstanding any other law, graduation
rates for pupils in dropout recovery high schools shall not be
included in the API. For purposes of this subparagraph, "dropout
recovery high school" means a high school in which 50 percent or more
of its pupils have been designated as dropouts pursuant to the
exit/withdrawal codes developed by the department or left a school
and were not otherwise enrolled in a school for a period of at least
180 days.
(J) To complement the API, the Superintendent, with the approval
of the state board, may develop and implement a program of school
quality review that features locally convened panels to visit
schools, observe teachers, interview pupils, and examine pupil work,
if an appropriation for this purpose is made in the annual Budget
Act.
(K) The Superintendent shall annually provide to local educational
agencies and the public a transparent and understandable explanation
of the individual components of the API and their relative values
within the API.
(L) An additional element chosen by the Superintendent and the
state board for inclusion in the API pursuant to this paragraph shall
not be incorporated into the API until at least one full school year
after the state board's decision to include the element into the
API.
(b) Pupil scores from the following tests, when available and when
found to be valid and reliable for this purpose, shall be
incorporated into the API:
(1) The standards-based achievement tests provided for in Section
60642.5.
(2) The high school exit examination.
(c) Based on the API, the Superintendent shall develop, and the
state board shall adopt, expected annual percentage growth targets
for all schools based on their API baseline score from the previous
year. Schools are expected to meet these growth targets through
effective allocation of available resources. For schools below the
statewide API performance target adopted by the state board pursuant
to subdivision (d), the minimum annual percentage growth target shall
be 5 percent of the difference between the actual API score of a
school and the statewide API performance target, or one API point,
whichever is greater. Schools at or above the statewide API
performance target shall have, as their growth target, maintenance of
their API score above the statewide API performance target. However,
the state board may set differential growth targets based on grade
level of instruction and may set higher growth targets for the lowest
performing schools because they have the greatest room for
improvement. To meet its growth target, a school shall demonstrate
that the annual growth in its API is equal to or more than its
schoolwide annual percentage growth target and that all numerically
significant pupil subgroups, as defined in subdivision (a), are
making comparable improvement.
(d) Upon adoption of state performance standards by the state
board, the Superintendent shall recommend, and the state board shall
adopt, a statewide API performance target that includes consideration
of performance standards and represents the proficiency level
required to meet the state performance target.
(e) (1) A school or school district with 11 to 99 pupils with
valid test scores shall receive an API score with an asterisk that
indicates less statistical certainty than API scores based on 100 or
more test scores.
(2) A school or school district annually shall receive an API
score, unless the Superintendent determines that an API score would
be an invalid measure of the performance of the school or school
district for one or more of the following reasons:
(A) Irregularities in testing procedures occurred.
(B) The data used to calculate the API score of the school or
school district are not representative of the pupil population at the
school or school district.
(C) Significant demographic changes in the pupil population render
year-to-year comparisons of pupil performance invalid.
(D) The department discovers or receives information indicating
that the integrity of the API score has been compromised.
(E) Insufficient pupil participation in the assessments included
in the API.
(F) A transition to new standards-based assessments compromises
comparability of results across schools or school districts. The
Superintendent may use the authority in this subparagraph in the
2013-14 and 2014-15 school years only, with approval of the state
board.
(3) If a school or school district has fewer than 100 pupils with
valid test scores, the calculation of the API or adequate yearly
progress pursuant to the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.) and federal regulations may be calculated
over more than one annual administration of the tests administered
pursuant to Section 60640 and the high school exit examination
administered pursuant to Section 60851, consistent with regulations
adopted by the state board.
(4) Any school or school district that does not receive an API
calculated pursuant to subparagraph (F) of paragraph (2) shall not
receive an API growth target pursuant to subdivision (c). Schools and
school districts that do not have an API calculated pursuant to
subparagraph (F) of paragraph (2) shall use one of the following:
(A) The most recent API calculation.
(B) An average of the three most recent annual API calculations.
(C) Alternative measures that show increases in pupil academic
achievement for all groups of pupils schoolwide and among significant
subgroups.
(f) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(g) The Superintendent, with the approval of the state board,
shall develop an alternative accountability system for schools under
the jurisdiction of a county board of education or a county
superintendent of schools, community day schools, nonpublic,
nonsectarian schools pursuant to Section 56366, and alternative
schools serving high-risk pupils, including continuation high schools
and opportunity schools. Schools in the alternative accountability
system may receive an API score, but shall not be included in the API
rankings.
(h) For purposes of this section, county offices of education
shall be considered school districts.
SEC. 5. Section 52060 of the Education Code is amended to read:
52060. (a) On or before July 1, 2014, the governing board of each
school district shall adopt a local control and accountability plan
using a template adopted by the state board.
(b) A local control and accountability plan adopted by a governing
board of a school district shall be effective for a period of three
years, and shall be updated on or before July 1 of each year.
(c) A local control and accountability plan adopted by a governing
board of a school district shall include, for the school district
and each school within the school district, all of the following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be a
numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.
(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.
(3) A Beginning with the 2015-16 fiscal
year, and each year thereafter the local control and accountability
plan is updated, a listing and description of the expenditures
for the initial fiscal year implementing the
specific actions included in the local control and accountability
plan.
(4) A Beginning with the
2015-16 fiscal year, and each year thereafter the local
control and accountability plan is updated, a listing and
description of the expenditures for the initial
fiscal year that will serve pupils to whom one or more of the
definitions in Section 42238.01 apply, and pupils reclassified as
fluent English proficient.
(d) All of the following are state priorities:
(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and fully
credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair as specified in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to former
Section 60811.3 as it read on June 30, 2013, or adopted pursuant to
Section 60811.4 on or after January 1, 2014, for purposes of gaining
academic content knowledge and English language proficiency.
(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the school
district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.
(4) Pupil achievement, including for each subgroup as identified
in Section 52052, as measured by all of the following, as applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical educational standards and
frameworks, including, but not
limited to, those described in subdivision (a) of Section
52302, subdivision (a) of Section 52372.5, or paragraph (2) of
subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the program and services that are provided to
benefit these pupils as a result of the funding received pursuant to
Section 42238.02, as implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
(9) The extent to which teachers, administrators, and staff
receive professional development or participate in induction
programs, including the type and subject areas of the professional
development provided.
(e) For purposes of the descriptions required by subdivision (c),
a governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) A governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.
(h) A school district may identify local priorities, goals in
regard to the local priorities, and the method for measuring the
school district's progress toward achieving those goals.
SEC. 6. Section 52061 of the Education Code is amended to read:
52061. (a) On or before July 1, 2015, and each year thereafter, a
school district shall update the local control and accountability
plan. The annual update shall be developed using a template developed
pursuant to Section 52064 and shall include all of the following:
(1) A review of any changes in the applicability of the goals
described in paragraph (1) of subdivision (c) of Section 52060.
(2) A review of the progress toward the goals included in the
existing local control and accountability plan, an assessment of the
effectiveness of the specific actions described in the existing local
control and accountability plan toward achieving the goals, and a
description of changes to the specific actions the school district
will make as a result of the review and assessment.
(3) A listing and description of the expenditures for the fiscal
year implementing the specific actions included in the local control
and accountability plan and the changes to the specific actions made
as a result of the reviews and assessment required by paragraphs (1)
and (2).
(4) A listing and description of expenditures for the fiscal year
that will serve the pupils to whom one or more of the definitions in
Section 42238.01 apply and pupils redesignated as fluent English
proficient.
(b) The expenditures identified in subdivision (a) of this section
and subdivision (c) of Section 52060 shall be classified using the
California School Accounting Manual pursuant to Section 41010.
SEC. 7. Section 52063 of the Education Code is amended to read:
52063. (a) (1) The governing board of a school district shall
establish a districtwide parent advisory committee to provide advice
to the governing board of the school district and the superintendent
of the school district regarding the requirements of this article.
(2) A parent advisory committee shall include parents or legal
guardians of pupils to whom one or more of the definitions in Section
42238.01 apply.
(3) This subdivision shall not require the governing board of the
school district to establish a new districtwide parent advisory
committee if the governing board of the school district already has
established a districtwide parent advisory committee that meets the
requirements of this subdivision, including any committee established
to meet the requirements of the federal No Child Left Behind Act of
2001 (Public Law 107-110) pursuant to Section 1112 of Subpart 1 of
Part A of Title I of that act.
(b) As a condition of receipt of state supplemental grant funds,
the governing board of a school district shall establish a
districtwide English learner parent advisory committee if the
enrollment of the school district includes at least 15 percent
English learners or the school district enrolls at least 50 pupils
who are English learners.
(c) Districtwide English learner parent advisory committees shall
advise the governing board of the school district on at least the
following tasks:
(1) Establishment of school district goals and objectives for
programs and services for English learners to ensure that the
academic and language proficiency needs of English learners,
including long-term English learners and English learners at risk of
becoming long-term English learners, as defined in Section 313.1, are
being met.
(2) Administration of the home language survey.
(3) School district reclassification procedures, consistent with
the procedures developed pursuant to subdivision (f) of Section 313.
(d) This section shall not require the governing board of the
school district to establish a new districtwide English learner
parent advisory committee if the governing board of the school
district already has established a school district level parent
advisory committee that meets the applicable requirements of this
section.
SEC. 8. Section 52064 of the Education Code is amended to read:
52064. (a) On or before March 31, 2014, the state board shall
adopt templates for the following purposes:
(1) For use by school districts to meet the requirements of
Sections 52060 to 52063, inclusive.
(2) For use by county superintendents of schools to meet the
requirements of Sections 52066 to 52069, inclusive.
(3) For use by charter schools to meet the requirements of Section
47606.5.
(b) The templates developed by the state board shall allow a
school district, county superintendent of schools, or charter school
to complete a single local control and accountability plan to meet
the requirements of this article, the requirements of the federal No
Child Left Behind Act of 2001 related to local educational agency
plans pursuant to Section 1112 of Subpart 1 of Part A of Title I of
Public Law 107-110, and the requirements of the federal No Child Left
Behind Act of 2001 (Public Law 107-110) and Section 64001 related to
the Single Plan for Pupil Achievement, including the requirements of
Title III of the federal No Child Left Behind Act of 2001 (Public
Law 107-110). The state board shall also take steps to minimize
duplication of effort at the local level to the greatest extent
possible. The template shall include guidance for school districts,
county superintendents of schools, and charter schools to report both
of the following:
(1) A listing and description of expenditures for the 2014-15
fiscal year, and each fiscal year thereafter, implementing the
specific actions included in the local control and accountability
plan.
(2) A listing and description of expenditures for the 2014-15
fiscal year, and each fiscal year thereafter, that will serve the
pupils to whom one or more of the definitions in Section 42238.01
apply and pupils redesignated as fluent English proficient.
(c) The templates developed by the state board shall
On or before March 31, 2015, the state board shall
adopt templates that, beginning with the 2015-16 fiscal
year, and each fiscal year thereafter, ensure that each school
district, county superintendent of schools, or charter school that
receives supplemental and concentration funds for unduplicated
pupils, pursuant to Sections 2574, 2575, 42238.02, and 42238.03,
include information on the instructional programs and services
provided to unduplicated pupils for the purpose of increasing their
academic achievement, as referenced in Sections 52060 and 52066, in
its local control and accountability plan.
(d) The templates shall On or before March
31, 2015, the state board shall adopt templates that, beginning with
the 2015-16 fiscal year, and each fiscal year thereafter,
ensure that school districts, county superintendents of schools, or
charter schools include information on the types of English language
development instructional programs provided to English learners, and
how those programs support the core instructional program, including,
but not limited to, the types of instructional materials provided to
pupils and the professional development provided to schoolsite
staff.
(e) If possible, the templates identified in paragraph (2) of
subdivision (a) for use by county superintendents of schools shall
allow a county superintendent of schools to develop a single local
control and accountability plan that would also satisfy the
requirements of Section 48926.
(f) The state board shall adopt the template pursuant to the
requirements of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code). The state board may adopt emergency
regulations for purposes of implementing this section.
(g) Revisions to a template or evaluation rubric shall be approved
by the state board by January 31 before the fiscal year during which
the template or evaluation rubric is to be used by a school
district, county superintendent of schools, or charter school.
(h) The adoption of a template or evaluation rubric by the state
board shall not create a requirement for a governing board of a
school district, a county board of education, or a governing body of
a charter school to submit a local control and accountability plan to
the state board, unless otherwise required by federal law. The
Superintendent shall not require a local control and accountability
plan to be submitted by a governing board of a school district or the
governing body of a charter school to the state board. The state
board may adopt a template or evaluation rubric that would authorize
a school district or a charter school to submit to the state board
only the sections of the local control and accountability plan
required by federal law.
SEC. 9. Section 52066 of the Education Code is amended to read:
52066. (a) On or before July 1, 2014, each county superintendent
of schools shall develop, and present to the county board of
education for adoption, a local control and accountability plan using
a template adopted by the state board.
(b) A local control and accountability plan adopted by a county
board of education shall be effective for a period of three years,
and shall be updated on or before July 1 of each year.
(c) A local control and accountability plan adopted by a county
board of education shall include, for each school or program operated
by the county superintendent of schools, all of the following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d), as applicable to the pupils served, and for any additional local
priorities identified by the county board of education.
(2) A description of the specific actions the county
superintendent of schools will take during each year of the local
control and accountability plan to achieve the goals identified in
paragraph (1), including the enumeration of any specific actions
necessary for that year to correct any deficiencies in regard to the
state priorities listed in paragraph (1) of subdivision (d). The
specific actions shall not supersede the provisions of existing local
collective bargaining agreements within the jurisdiction of the
county superintendent of schools.
(3) A listing and description of the expenditures for the fiscal
year implementing the specific actions included in the local control
and accountability plan pursuant to paragraph (2).
(4) A listing and description of expenditures for the fiscal year
that will serve the pupils to whom one or more of the definitions in
Section 42238.01 apply, and pupils redesignated as fluent English
proficient.
(d) All of the following are state priorities:
(1) The degree to which the teachers in the schools or programs
operated by the county superintendent of schools are appropriately
assigned in accordance with Section 44258.9 and fully credentialed in
the subject areas, and, for the pupils they are teaching, every
pupil in the schools or programs operated by the county
superintendent of schools has sufficient access to the
standards-aligned instructional materials as determined pursuant to
Section 60119, and school facilities are maintained in good repair as
specified in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to former
Section 60811.3 as it read on June 30, 2013, or adopted pursuant to
Section 60811.4 on or after January 1, 2014, for purposes of gaining
academic content knowledge and English language proficiency.
(3) Parental involvement, including efforts the county
superintendent of schools makes to seek parent input in making
decisions for each individual schoolsite and program operated by a
county superintendent of schools, and including how the county
superintendent of schools will promote parental participation in
programs for unduplicated pupils and individuals with exceptional
needs.
(4) Pupil achievement, including for each of the subgroups
identified pursuant to Section 52052, as measured by all of the
following, as applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical education standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section 52372.5,
or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 or higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the program programs
and services that are provided to benefit these pupils as a
result of the funding received pursuant to Section 42238.02, as
implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.
(9) How the county superintendent of schools will coordinate
instruction of expelled pupils pursuant to Section 48926.
(10) How the county superintendent of schools will coordinate
services for foster children, including, but not limited to, all of
the following:
(A) Working with the county child welfare agency to minimize
changes in school placement.
(B) Providing education-related information to the county child
welfare agency to assist the county child welfare agency in the
delivery of services to foster children, including, but not limited
to, educational status and progress information that is required to
be included in court reports.
(C) Responding to requests from the juvenile court for information
and working with the juvenile court to ensure the delivery and
coordination of necessary educational services.
(D) Establishing a mechanism for the efficient expeditious
transfer of health and education records and the health and education
passport.
(11) The extent to which teachers, administrators, and staff
receive professional development or participate in induction
programs, including the type and subject areas of the professional
development provided.
(e) For purposes of the descriptions required by subdivision (c),
a county board of education may consider qualitative information,
including, but not limited to, findings that result from school
quality reviews conducted pursuant to subparagraph (J) of paragraph
(4) of subdivision (a) of Section 52052 or any other reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) The county superintendent of schools shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the county office of education, parents, and
pupils in developing a local control and accountability plan.
(h) A county board of education may identify local priorities,
goals in regard to the local priorities, and the method for measuring
the county office of education's progress toward achieving those
goals.
SEC. 10. Section 52067 of the Education Code is amended to read:
52067. (a) On or before July 1, 2015, and each year thereafter, a
county board of education shall update the local control and
accountability plan. The annual update shall be developed using a
template developed pursuant to Section 52064 and shall include all of
the following:
(1) A review of any changes in the applicability of the goals
described in paragraph (1) of subdivision (c) of Section 52066.
(2) A review of the progress toward the goals included in the
existing local control and accountability plan, an assessment of the
effectiveness of the specific actions described in the existing local
control and accountability plan toward achieving the goals, and a
description of changes to the specific actions the county office of
education will make as a result of the review and assessment.
(3) A listing and description of the expenditures for the fiscal
year implementing the specific actions included in the local control
and accountability plan, including the changes to the specific
actions made as a result of the reviews and assessment required by
paragraphs (1) and (2).
(4) A listing and description of expenditures for the county
office of education and each school for the fiscal year that will
serve the pupils to whom one or more of the definitions in Section
42238.01 apply and pupils redesignated as fluent English proficient.
(b) The expenditures identified in subdivision (a) of this section
and subdivision (c) of Section 52066 shall be classified using the
California School Accounting Manual pursuant to Section 41010.
SEC. 11. Section 52069 of the Education Code is amended to read:
52069. (a) (1) A county superintendent of schools shall establish
a parent advisory committee to provide advice to the county board of
education and the county superintendent of schools regarding the
requirements of this article.
(2) A parent advisory committee shall include parents or legal
guardians of pupils to whom one or more of the definitions in Section
42238.01 apply.
(3) This subdivision shall not require the county superintendent
of schools to establish a new parent advisory committee if the county
superintendent of schools already has established a parent advisory
committee that meets the requirements of this subdivision, including
any committee established to meet the requirements of the federal No
Child Left Behind Act of 2001 (Public Law 107-110) pursuant to
Section 1112 of Subpart 1 of Part A of Title I of that act.
(b) (1) A county superintendent of schools shall establish an
English learner parent advisory committee if the enrollment of the
pupils in the schools and programs operated by the county
superintendent of schools includes at least 15 percent English
learners or the schools and programs operated by the county
superintendent of schools enroll at least 50 pupils who are English
learners.
(2) This subdivision shall not require the county superintendent
of schools to establish a new English learner parent advisory
committee if the county superintendent of schools already has
established a committee that meets the requirements of this
subdivision.
(3) A representative of the English learner parent advisory
committee shall be a member of the parent advisory committee
established pursuant to paragraph (1) of subdivision (a).
SEC. 12. Section 52071 of the Education Code is amended to read:
52071. (a) If a county superintendent of schools does not approve
a local control and accountability plan or annual update to the
local control and accountability plan approved by a governing board
of a school district, or if the governing board of a school district
requests technical assistance, the county superintendent of schools
shall provide technical assistance, including, among other things,
any of the following:
(1) Identification of the school district's strengths and
weaknesses in regard to the state priorities described in subdivision
(d) of Section 52060, communicated in writing to the school
district. This identification shall include a review of effective,
evidence-based programs that apply to the school district's goals.
(2) Assignment of an academic expert or team of academic experts
to assist the school district in identifying and implementing
effective programs that are designed to improve the outcomes for all
pupil subgroups identified pursuant to Section 52052. The county
superintendent of schools may also solicit another school district
within the county to act as a partner to the school district in need
of technical assistance.
(3) Request that the Superintendent assign the California
Collaborative for Educational Excellence to provide advice and
assistance to the school district.
(b) Using an evaluation rubric adopted by the state board pursuant
to Section 52064.5, the county superintendent of schools shall
provide the technical assistance described in subdivision (a) to any
school district that fails to improve pupil achievement across more
than one state priority described in subdivision (d) of Section 52060
for one or more pupil subgroups identified pursuant to Section
52052.
(c) Technical assistance provided pursuant to this section at the
request of a school district shall be paid for by the school district
requesting the assistance.
SEC. 13. Section 52071.5 of the Education Code is amended to read:
52071.5. (a) If the Superintendent does not approve a local
control and accountability plan or annual update to the local control
and accountability plan approved by a county board of education, or
if the county board of education requests technical assistance, the
Superintendent shall provide technical assistance, including, among
other things, any of the following:
(1) Identification of the county board of education's strengths
and weaknesses in regard to the state priorities described in
subdivision (d) of Section 52066, communicated in writing to the
county board of education. This identification shall include a review
of effective, evidence-based programs that apply to the board's
goals.
(2) Assignment
of an academic expert or team of academic experts, or the California
Collaborative for Educational Excellence established pursuant to
Section 52074, to assist the county board of education in identifying
and implementing effective programs that are designed to improve the
outcomes for all pupil subgroups identified pursuant to Section
52052. The Superintendent may also solicit another county office of
education to act as a partner to the county office of education in
need of technical assistance.
(b) Using an evaluation rubric adopted by the state board pursuant
to Section 52064.5, the Superintendent shall provide the technical
assistance described in subdivision (a) to any county office of
education that fails to improve pupil achievement in regard to more
than one state priority described in subdivision (d) of Section 52066
for any pupil subgroup identified pursuant to Section 52052.
(c) Technical assistance provided pursuant to this section at the
request of a county board of education shall be paid for by the
county board of education receiving assistance.
SEC. 14. Section 54030 is added to the Education Code, to read:
54030. A local educational agency shall expend unexpended
economic impact aid balances received pursuant to this part only for
purposes authorized in this part as it and adopted regulations read
on June 30, 2013.
SEC. 15. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
