Bill Text: CA SB1396 | 2009-2010 | Regular Session | Amended
Bill Title: Education funding: maximum categorical education
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB1396 Detail]
Download: California-2009-SB1396-Amended.html
BILL NUMBER: SB 1396 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 14, 2010
INTRODUCED BY Senators Lowenthal and Romero
( Principal coauthor: Assembly Member
Torlakson )
(Coauthors: Assembly Members Bonnie Lowenthal and Villines)
FEBRUARY 19, 2010
An act to add and repeal Chapter 3 (commencing with Section 63060)
of Part 35 of Division 4 of Title 2 of the Education Code, relating
to education funding.
LEGISLATIVE COUNSEL'S DIGEST
SB 1396, as amended, Lowenthal. Education funding: maximum
categorical education flexibility pilot program.
Existing law establishes various categorical education programs
and appropriates the funding for those programs in the annual Budget
Act. Existing law requires the Superintendent of Public Instruction,
for the 2008-09 to 2012-13 fiscal years, inclusive, to apportion from
the amount provided in the annual Budget Act for specified
categorical education programs an amount based on the same relative
proportion that the local educational agency received in the 2008-09
fiscal year for those programs and authorizes school districts, for
those fiscal years, to use these funds, with specified exceptions,
for any educational purpose, to the extent permitted by federal law.
Existing law, for those fiscal years, deems local educational
agencies that use these categorical education program funds for any
educational purpose to be in compliance with the program and funding
requirements of those categorical education programs.
Existing law, as a condition of receiving the categorical
education program funds that may be used for any educational purpose,
requires school districts and county offices of education, at a
regularly scheduled, open, public hearing, to take testimony from the
public, discuss, and approve or disapprove the proposed use of
funding. Existing law requires a local educational agency to report
expenditures, as specified, to indicate the activities for which
these funds were expended and requires the department annually to
collect and provide this information to the appropriate legislative
policy and budget committees and the Department of Finance.
This bill would establish the 3-year Maximum Categorical Education
Flexibility Pilot Program in which up to 3 school
districts would be selected to participate. To be eligible for
selection, a school district would be required to meet certain
preconditions, including developing a plan or initiative to
accelerate pupils' progress to proficiency that includes specified
goals. A school district selected to participate would be required to
agree to demonstrate significant progress toward accelerating pupils'
progress toward proficiency on California's academic standards over
the 3-year pilot project program period,
a narrowing of the achievement gap in its federally recognized
subgroups, fiscal solvency, positive growth on the district API,
improvement in its college entrance rate, and an increase in its
graduation rate.
The bill would require the Superintendent to apportion to the
participating school districts a categorical education block
grant based on the special apportionments equal to
the amounts of funding those school districts received in the
2009-10 fiscal year for specified programs, including the Economic
Impact Aid Program, the Class Size Reduction Program, Child
Nutrition Programs, and Transportation Programs ,
except special education pupil transportation .
A participating school district would be allowed to use the
block grant funds special apportionments
for any purpose related to improving pupil achievement and
academic instruction and would be required to implement an open and
transparent process that allows public input when discussing
and deciding on the expenditure of categorical education block grant
funds so as to notify parents, staff, and
the community of discussions and pending decisions related to the
flexibl e use of categorical education program funds
. A participating school district would be deemed to be in
compliance with the program and funding requirements associated with
the categorical education programs included in the block
grant pilot program , except that a
participating school district that receives funding for economic
impact aid would be required to continue to designate staff to
coordinate services and programs for English learners, including the
home language survey, and to continue in existence parent advisory
committees and schoolsite councils.
A participating school district would be required to submit an
evaluative annual report to the department, the state board, the
Governor, and the Legislature and to submit to the department an
annual expenditure report. The participating school
districts would be required to provide for an independent
Superintendent would be required to contract for an independent
evaluation of the pilot program that would consist of an
interim evaluation report and a final independent evaluation report
that identifies the success and failures of the pilot program and
makes recommendations regarding improving the pilot program and
whether the program should be continued. The bill would prohibit
the waiver of any provisions of the pilot program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California school districts are facing immeasurable challenges
managing reductions in state funding and need maximum flexibility in
the ways they can utilize restricted funding from the state.
(b) The pilot project enacted by this act would give three school
districts maximum flexibility by creating a new categorical program
block grant that would include all the funding for categorical
education programs received by the district and allow that funding to
be used for any purpose related to improving pupil achievement and
academic instruction.
(c) The pilot project will demonstrate to state policymakers that
state money for categorical education programs can be managed more
efficiently and effectively by school districts to meet the academic
needs of all pupils and result in progress in closing the achievement
gap.
(d) Maximum categorical program flexibility will enhance a school
district's ability to support academic and career goals for all
pupils and provide systematic, differentiated instruction and
interventions to accelerate pupils' progress to proficiency.
(e) The pilot program will allow the state to evaluate the
benefits of maximum categorical program flexibility and ensure that
flexibility, when used correctly, will result in gains in pupil
achievement.
SEC. 2. Chapter 3 (commencing with Section 63060) is added to Part
35 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 3. MAXIMUM CATEGORICAL EDUCATION FLEXIBILITY PILOT
PROGRAM
63060. The Maximum Categorical Education Flexibility Pilot
Program is hereby established. The pilot project shall be implemented
during the 2011-12, 2012-13, and 2013-14 fiscal years. The
Superintendent may select up to three school districts to
participate in the pilot project. To the extent there are qualified
applicants, the Superintendent shall select a geographically
diverse group of school districts of varying size to participate in
the pilot project. school districts that satisfy the
following characteristics:
(a) Are geographically diverse.
(b) Represent a wide range of school district enrollment.
(c) Are not all of the same school district type.
(d) Represent the state's wide range of pupil and family
demographics, especially in terms of income, race, ethnicity, and
language diversity.
63061. (a) In order to be eligible to apply for selection, a
school district shall meet the following preconditions:
(1) The school district has a plan or initiative, developed in
conjunction with parents and teachers, to accelerate pupils' progress
to proficiency. The plan shall include measurable
both of the following:
(A) Measurable metrics to improve
pupil performance, close the achievement gap, increase college
entrance rates, and increase career readiness.
(B) An explanation of the manner in which the objectives of each
categorical program funded under the budget items listed in
subdivision (a) of Section 63063 will be met.
(2) The governing board of the school district, at a regularly
scheduled public meeting of the board, has approved the plan and
developed corresponding policies in support of the plan.
(3) The annual evaluation of the performance of the superintendent
of the school district is linked to the pupil performance goals
specified in paragraph (1) of subdivision (a).
(4) The school district can demonstrate
demonstrates a pattern of stability between management and the
bargaining units.
(5) There is community support for the plan.
(6) The school district has surveyed all parents and legal
guardians in the district to gauge support for participation in the
pilot program. At least one-half of the permanent teachers and
one-half of the surveyed parents or legal guardians in the district
support participation in the pilot program, and that support is
demonstrated in writing.
(7) The standards-based curriculum for English learners is
cognitively complex, coherent, well articulated, meaningful, and will
enable English learners to learn English quickly and fluently so
that they may participate fully in the grade-level curriculum. At a
minimum, the program shall provide all of the following:
(A) Support for English learners who are new to the district.
(B) An English language development program that is comprehensive
and standards aligned and that has all of the following
characteristics:
(i) Actively develops all domains of language.
(ii) Addresses varying levels of English fluency.
(iii) Develops age-appropriate and context-appropriate language,
including an emphasis on academic English.
(iv) Includes opportunities for English learners to interact with
native English speaking peers.
(v) Creates a supportive learning environment for language
learning.
(vi) Recognizes the role of primary language development.
(C) Full access to a challenging curriculum.
(D) High-quality instruction and materials.
(E) An inclusive and affirming school climate.
(F) Valid, comprehensive, and useful assessments.
(G) Strong family partnerships.
(H) A qualified educator workforce.
(b) At a minimum, the Superintendent shall consider the quality
and rigor of the manner in which the applicants meet the
preconditions outlined in subdivision (a).
(c) If the Superintendent determines that an applicant fails to
meet the preconditions specified in subdivision (a) with respect to
some of the categorical education programs funded under budget items
listed in subdivision (a) of Section 63063, the Superintendent may
select that applicant school district as a participant and restrict
the participation of that school district in the pilot project to a
subset of the categorical education programs and budget items.
(c)
(d) Nothing in this section shall be construed as
imposing new mandates on school districts.
63062. A school district selected to participate in the pilot
project shall agree to demonstrate all of the following:
(a) Significant progress toward accelerating pupils' progress
toward proficiency on California's academic standards over a
three-year period, as measured by the annual assessments administered
pursuant to Article 4 (commencing with Section 60640) of Chapter 5
of Part 33 and any other local, state, or national assessments.
(b) A narrowing of the achievement gap in the district's federally
recognized subgroups, as measured by the annual assessments
administered pursuant to Article 4 (commencing with Section 60640) of
Chapter 5 of Part 33 and any other local, state, or national
assessments.
(c) Fiscal solvency, as measured by the standards and criteria
adopted by the state board pursuant to Section 33127 and implementing
regulations.
(d) Positive growth, as measured by the district's Academic
Performance Index score, the annual assessments administered pursuant
to Article 4 (commencing with Section 60640) of Chapter 5 of Part
33, and any other local, state, or national assessments.
(e) An increase in the district's graduation rate, as measured by
the California Longitudinal Pupil Achievement Data System and the
school district level data system.
(f) Improvement in the district's college entrance rate, as
measured by the National Student Clearinghouse or other
state-approved pupil data tracking system.
(g) The Improvement in the number of
pupils who enter technical school after graduation, as measured by
the National Student Clearinghouse or other state-approved pupil data
tracking system, or who graduate prepared to enter high-wage,
high-skill occupations.
63063. The (a) For
the 2011-12, 2012-13, and 2013-14 fiscal years, the
Superintendent shall apportion do all of the
following:
(1) Apportion to the school
districts selected for participation in the pilot project a
categorical education block grant that is based on the
the amounts of funding those school districts received in the
2009-10 fiscal year for the budget items listed in paragraph (2) of
subdivision (a) of Section 42605 and Items 6110-111-0001 except
the amount apportioned for special education pupil transportation
, 6110-119-0001, 6110-128-0001, 6110-130-0001,
6110-158-0001, 6110-166-0001,
6110-196-0001, and 6110-234-0001 of Section 2.00 of the annual Budget
Act.
(2) Increase or decrease the amounts apportioned pursuant to
paragraph (1) proportional to any increase or decrease in the amounts
appropriated in Section 2.00 of the annual Budget Act for the budget
items listed in paragraph (1).
(3) Provide an apportionment schedule to the school districts
selected for participation in the pilot project that separately
itemizes and differentiates the amount apportioned for each budget
item listed in paragraph (2) of subdivision (a) of Section 42605 and
in paragraph (1).
(4) Allocate the amounts apportioned pursuant to paragraph (1) to
the school districts selected for participation in the pilot project
on the same timeline that apportionments related to those budget
items are apportioned to other school districts.
(b) Each apportionment made pursuant to subdivision (a) to the
school districts selected for participation in the pilot project
shall be in lieu of funding that those school districts would have
received from the same budget items if not participating in the pilot
project. A school district shall not receive duplicated funding as a
result of participation in the pilot project.
63064. (a) Notwithstanding any other law, a participating school
district may use the categorical education block grant funds that it
receives pursuant to Section 63063 for any purpose related to
improving pupil achievement and academic instruction, except as
provided in subdivision (b).
(b) With respect to funds received pursuant to Item 6110-128-0001
of Section 2.00 of the annual Budget Act, a participating school
district shall use these funds to supplement the base program
provided to English learners and economically disadvantaged pupils,
as those terms are defined in Section 54026.
(c) With respect to funds received pursuant to Item 6110-119-0001
of Section 2.00 of the annual Budget Act, a participating school
district shall use these funds to supplement the base program
provided to foster youth.
(d) With respect to funds received pursuant to Item 6110-196-0001
of Section 2.00 of the annual Budget Act, a participating school
district shall use these funds to ensure that child care and
development services continue to be provided to subsidized low-income
children.
(e) It is the intent of the Legislature that the educational needs
of pupils served by the categorical programs funded by the budget
items listed in paragraph (1) of subdivision (a) of Section 63063 be
served by a school district selected for participation in the pilot
project.
(c)
(f) It is not the intent of the Legislature to waive
requirements of any educational programs enacted through the
initiative process.
(d)
(g) A participating school district shall implement an
open and transparent process that allows public input at a
no less than two regularly scheduled
meeting of the governing board when discussing and deciding on the
expenditure of categorical education block grant funds.
meetings of the governing board so as to notify parents, staff,
and the community of discussions and pending decisions related to the
flexible use of funds apportioned pursuant to subdivision (a) of
Section 63063. The school district shall seek input from parents,
staff, and the community regarding the option or options most
suitable for the district and schools in the district. The governing
board shall not take action on this item at the first meeting at
which the item appears on the agenda.
63065. (a) Notwithstanding any other law, for the 2011-12,
2012-13, and 2013-14 fiscal years, a participating school district
shall be deemed to be in compliance with the program and funding
requirements contained in statutory, regulatory, and provisional
language associated with the items listed in Section 63063 and
paragraph (2) of subdivision (a) of Section 42605.
(b) Notwithstanding subdivision (a), a participating school
district that receives funds pursuant to Item 6110-128-0001 of
Section 2.00 of the annual Budget Act shall continue to designate
staff to coordinate services and programs, including the home
language survey, for English learners and shall continue in existence
parent advisory committees and schoolsite councils, as required
pursuant to Section 62002.5.
63066. (a) A participating school district shall submit an
evaluative annual report to the department, the state board, the
Governor, and the Legislature that details the progress made during
the immediately prior school year towards the goals set forth in
Section 63061, including details of the academic progress made by
pupil subgroups.
(b) A participating school district also shall submit to the
department an annual expenditure report for each of the 2011-12,
2012-13, and 2013-14 fiscal years , detailing the expenditure
of specific categorical program funds and the purposes for which
those funds were expended. To the extent feasible, the
report shall identify The report shall do all of the
following:
(1) Identify the weighting of per
pupil expenditures from all funds spent on low socioeconomic,
limited-English proficient, and special education pupils, as compared
to other pupils in the school district.
(c) The participating school districts shall provide for the
following independent evaluation reports:
(2) Compare the identified weightings of per pupil expenditures
reported pursuant to paragraph (1) to the weightings of per pupil
expenditures spent in the 2009-10 fiscal year on pupils in the pupil
subgroups listed in paragraph (1).
(3) Be in a format designated by the Superintendent, using the
Standardized Account Code Structure (SACS) and consistent with the
California School Accounting Manual, and shall provide the ability to
track each of the amounts apportioned pursuant to subdivision (a) of
Section 63063 with respect to resource, program, function, and
object.
(4) Be submitted by the date designated as the deadline for
submission of school district annual financial statements.
(c) The Superintendent shall provide guidance to the participating
school districts so as to ensure that the expenditure reports
submitted pursuant to subdivision (b) conform to the requirements
placed on those reports.
(d) By June 1, 2011, the Superintendent shall contract for the
completion of an independent evaluation of the pilot project.
(1) The contracted independent evaluator shall provide the
Legislature, Governor, Superintendent, state board, and the
participating school districts with:
(1)
(A) An interim report no later than 18 months after the
Superintendent apportions funding pursuant to Section 63063.
(2) A
(B) By December 31, 2014, a final
evaluation report that identifies the success and failures of the
pilot program and makes recommendations regarding improving the pilot
program and whether the program should be continued.
(2) The evaluation shall make use of school district expenditure
reports submitted pursuant to subdivision (b), school district plans
as described in Section 63061, and any other available financial,
programmatic, and pupil outcome data currently collected and
available.
(3) Upon request by the evaluator, the department and the
participating school districts shall provide any available data that
the evaluator deems necessary to meaningfully evaluate the pilot
project.
(4) This subdivision does not relieve a school district or any
other party from obligations under state or federal law to protect
pupil privacy.
(5) The Superintendent may bill the participating school
districts, up to a total of no more than one hundred thousand dollars
($100,000), for the contract amount of the evaluator's contract. The
billing shall be proportionately distributed to each of the
participating school districts on the basis of total district
enrollment.
63067. The board and the Superintendent shall not grant a request
for a waiver of a provision of this chapter unless the waiver is
authorized in this chapter.
64067. 63068. This chapter shall
become inoperative on July 1, 2014, and, as of January 1, 2015, is
repealed, unless a later enacted statute, that becomes operative on
or before January 1, 2015, deletes or extends the dates on which it
becomes inoperative and is repealed.
