Bill Text: CA SB344 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB344 Detail]
Download: California-2013-SB344-Amended.html
Bill Title: Schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB344 Detail]
Download: California-2013-SB344-Amended.html
BILL NUMBER: SB 344 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2013
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 17, 2013
INTRODUCED BY Senator Padilla
FEBRUARY 20, 2013
An act to amend Sections 33127, 41020, 42127, 42238.07, 52052,
52060, 52061, 52062, 52063, 52064, 52066, 52067, 52068, 52069, 52070,
52070.5, 52071, 52071.5, 52072, 52072.5, and 52075 of the Education
Code, relating to schools.
LEGISLATIVE COUNSEL'S DIGEST
SB 344, as amended, Padilla. Schools.
(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 provides for the provision
of instruction at the public elementary and secondary schools
maintained by these local educational agencies. Existing law
establishes a public school financing system.
This bill would add parent representatives to a committee that
assists in the development of standards and criteria to be used by
local educational agencies for specified fiscal management purposes.
This bill would also require an audit of a school district to 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 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 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 and that, among other things,
was developed in consultation with teachers, principals,
administrators, other school personnel, parents, and pupils. 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 the governing board of a school district to
include a program budget and certain expenditures in its
local control and accountability plan how the school
district will maintain schoolsite councils and English learner
advisory committees , as specified . The bill
would require that specified templates developed by the State Board
of Education ensure that each school district, county superintendent
of schools, or charter school that receives federal or state
supplemental funds for English learners includes specified
information in its local control and accountability plan. The bill
would expand the conditions under which a failure to improve pupil
achievement, as specified in a local control and accountability plan,
would require technical assistance or authorize state intervention.
By adding to the duties of local educational agencies, this bill
would impose a state-mandated local program.
(4) 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 require, as a condition of receipt of
supplemental grant funds, the establishment of school parent advisory
committees on education programs and services for English learners
in each school with more than 20 English learners in attendance, as
specified. instead require the governing board of a
school district to establish a districtwide parent advisory committee
and, as a condition of supplemental state grant funds, if 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 on specified tasks, including, among others, the development of
a district master plan for education programs and services for
English learners and the conducting of a districtwide needs
assessment on a school-by-school basis.
(5) 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 33127 of the Education Code is amended to read:
33127. (a) The Superintendent, the Controller, and the Director
of Finance shall develop, on or before March 1, 1989, standards and
criteria to be reviewed and adopted by the state board, and to be
used by local educational agencies in the development of annual
budgets and the management of subsequent expenditures from that
budget. During the development of the standards and criteria, the
Superintendent shall convene a committee composed of representatives
of school districts, county offices of education, state agencies, the
Legislature, parents, and appropriate labor and professional
organizations. The committee may review and comment on the proposal
standards and criteria before their adoption. In addition, the
standards and criteria shall be used to monitor the fiscal stability
of local educational agencies as provided for in Sections 1240.1,
1240.2, 1621, 1623, 33131, 42127, and 42127.1.
(b) The Superintendent, the Controller, and the Director of
Finance shall update the standards and criteria developed pursuant to
subdivision (a) on or before September 1, 2005. The updated
standards and criteria shall be reviewed and adopted pursuant to the
procedure established by subdivision (a) and are applicable to local
educational agency budgets commencing with the 2006-07 fiscal year
and each fiscal year thereafter.
(c) The Superintendent, the Controller, and the Director of
Finance shall update the standards and criteria developed pursuant to
subdivision (a) on or before January 1, 2014, to address the
requirements of Article 4.5 (commencing with Section 52060) of
Chapter 6.1 of Part 28. The updated standards and criteria shall be
reviewed and adopted pursuant to the procedure established by
subdivision (a) and are applicable to local educational agency
budgets commencing with the 2014-15 fiscal year and each fiscal year
thereafter.
(d) After January 1, 2014, to the extent necessary, any revisions
or updates to the standards and criteria shall be developed by the
Superintendent, the Controller, and the Director of Finance pursuant
the procedure established by subdivision (a). The revisions or
updates shall specify the fiscal year in which the revisions or
updates are applicable.
SEC. 2. 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 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 on Auditing Standards (SAS) No. 59, as issued
by the 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,
information reported on the school accountability report card
required pursuant to Section 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 provision of law,
a nonauditing, 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. 3. 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 three 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) 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 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) or (2) 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.
(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) The county superintendent of schools shall examine the revised
budget to determine whether it (1) complies with the standards and
criteria adopted by the state board pursuant to Section 33127 for
application to final local educational agency budgets, (2) allows the
school district to meet its financial obligations during the fiscal
year, (3) satisfies all conditions established by the county
superintendent of schools in the case of a conditionally approved
budget, and (4) 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.
(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
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. 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. 4. 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 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 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 that is consistent with paragraph (1). 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.).
(b) The state board may adopt emergency regulations for purposes
of this section.
(c) Local educational agencies shall not expend
unexpended economic impact aid received pursuant to Part 29
(commencing with Section 54000) of Division 4 only for
purposes other than those authorized in that part.
SEC. 5. 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.
(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 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.
(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.
(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. 6. 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, a description of all of
the following:
(1) 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) 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).
(3) A program budget implementing the specific actions included in
the local control and accountability plan pursuant to paragraph (2)
for the initial fiscal year covered by the plan.
(4) A program budget for the initial fiscal year covered by the
local control and accountability plan 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.
(5) The expenditures necessary to implement the actions identified
in paragraph (2).
(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
Section 60811.3 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,
including, but not limited to, how the school district will maintain
schoolsite councils, pursuant to Sections 52852 and 62002.5, and
English learner parent advisory committees, pursuant to Sections
52176 and 62002.5. needs.
(4) Pupil achievement 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, by subgroups as identified in
Section 52052, 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 clusters of courses that satisfy the requirements of subdivision
(a) of Section 52302, subdivision (a) of Section 52372.5, or
paragraph (2) of subdivision (e) of Section 54692, and align with
state board-approved career technical education standards and
frameworks.
(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 for each subgroup as identified in Section
52052, 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.
(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) or
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,
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.
(i) The expenditures identified in subdivision (c) shall be
classified using the California School Accounting Manual pursuant to
Section 41010.
SEC. 7. 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
and each school within 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 for the school district and
each school within the school district 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 school
district and each school within the school district 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) shall be
classified using the California School Accounting Manual pursuant to
Section 41010.
SEC. 8. Section 52062 of the Education Code is amended to read:
52062. (a) Before the governing board of a school district
considers the adoption of a local control and accountability plan or
an annual update to the local control and accountability plan, all of
the following shall occur:
(1) The superintendent of the school district shall present the
local control and accountability plan or annual update to the local
control and accountability plan to the parent advisory committee
established pursuant to Section 52063 for review and comment. The
superintendent of the school district shall respond, in writing, to
comments received from the parent advisory committee.
(2) The superintendent of the school district shall present the
local control and accountability plan or annual update to the local
control and accountability plan to the English learner parent
advisory committee established pursuant to Section 52063, if
applicable, for review and comment. The superintendent of the school
district shall respond, in writing, to comments received from the
English learner parent advisory committee.
(3) The superintendent of the school district shall notify members
of the public of the opportunity to submit written comments
regarding the specific actions and expenditures proposed to be
included in the local control and accountability plan or annual
update to the local control and accountability plan, using the most
efficient and effective method of notification possible. This
paragraph shall not require a school district to produce printed
notices or to send notices by mail, but any written notifications
provided to parents shall be subject to Section 48985.
(4) The superintendent of the school district shall review school
plans submitted pursuant to Section 64001 for schools within the
school district and ensure that the specific actions included in the
local control and accountability plan or annual update to the local
control and accountability plan are consistent with strategies
included in the school plans submitted pursuant to Section 64001.
(b) (1) A governing board of a school district shall hold at least
one public hearing to solicit the recommendations and comments of
members of the public regarding the specific actions and expenditures
proposed to be included in the local control and accountability plan
or annual update to the local control and accountability plan. The
agenda for the public hearing shall be posted at least 72 hours
before the public hearing and shall include the location where the
local control and accountability plan or annual update to the local
control and accountability plan will be available for public
inspection. The public hearing shall be held at the same meeting as
the public hearing required by paragraph (1) of subdivision (a) of
Section 42127.
(2) A governing board of a school district shall adopt a local
control and accountability plan or annual update to the local control
and accountability plan in a public meeting. This meeting shall be
held after, but not on the same day as, the public hearing held
pursuant to paragraph (1). This meeting shall be the same meeting as
that during which the governing board of the school district adopts a
budget pursuant to paragraph (2) of subdivision (a) of Section
42127.
(c) A governing board of a school district may adopt revisions to
a local control and accountability plan during the period the local
control and accountability plan is in effect. A governing board of a
school district may only adopt a revision to a local control and
accountability plan if it follows the process to adopt a local
control and accountability plan pursuant to this section and the
revisions are adopted in a public meeting.
SEC. 9. 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 district-level
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 an
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) As a condition of receipt of state supplemental grant funds,
parent advisory committees on education programs and services for
English learners shall be established in each school with more than
20 English learners in attendance. Both school district and
schoolsite parent advisory committees shall be established in
accordance with Section 62002.5, as that section operated prior to
the repeal of former Section 52012.
(d) The parents or guardians of English learners shall elect the
parent members of the schoolsite English learner parent advisory
committee. Each school parent advisory committee shall have the
opportunity to elect at least one member to the school district
parent advisory committee, except that school districts with more
than 30 school parent advisory committees may use a system of
proportional or regional representation.
(e)
(c) (1) School district
Districtwide English learner parent advisory committees shall
advise the governing board of the school district on at least the
following tasks:
(A) Development of a district master plan for education programs
and services for English learners. The district master plan shall
take into consideration the schoolsite master plans.
(B) Conducting of a districtwide needs assessment on a
school-by-school basis.
(C) Establishment of school district goals and objectives for
programs and services for English learners.
(D) Development of a plan to ensure compliance with any applicable
teacher or teacher aide requirements.
(E) Administration of the annual language census.
(2) School district Districtwide English
learner parent advisory committees shall review and comment on
school district reclassification procedures and the written
notifications required to be sent to parents and guardians pursuant
to Section 52062. procedures.
(f) (1) As a condition of receipt of state supplemental grant
funds, school districts shall provide all members of school district
and school parent advisory committees with appropriate training
materials and training that will assist them in carrying out their
responsibilities pursuant to subdivision (e). Training provided to
parent advisory committee members in accordance with this subdivision
shall be planned in consultation with the members, and moneys
provided pursuant to this chapter may be used to meet the costs of
providing the training, including the costs associated with the
attendance of the members at training sessions.
(g)
(d) This section shall not require the governing board
of the school district to establish a new districtwide
English learner parent advisory committee at the school
district or schoolsite level if the governing board of the
school district already has established a school district or
schoolsite level parent advisory committee that meets the
applicable requirements of this section.
SEC. 10. 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.
(c) The templates developed by the state board shall ensure that
each school district, county superintendent of schools, or charter
school that receives federal or state supplemental funds for English
learners includes all of the following in its local control and
accountability plan:
(1) The components specified in subdivision (b) of Section 443.
(2) A description of how the base, supplemental,
supplemental and concentration funds, as
applicable, will be used to meet all of the following:
(A) All annual measurable achievement objectives for English
learners.
(B) State common core standards and English language development
standards.
(C) Activities described in the local control and accountability
plan.
(3) A listing of the services and programs providing access to a
full curriculum for English learners, categorized by proficiency
level, and a description of how the services and programs are aligned
to the core program of instruction.
(4) A description of how the local educational agency's procedures
will hold elementary schools and secondary schools accountable for
the monitoring of the English proficiency programs and services
provided to English learners so they meet state common core standards
and the English language development standards to the same extent as
their English-speaking peers and the monitoring of the
reclassification of English learners pursuant to Sections 313 and
52164.6. The monitoring procedures shall include methods for
verification of programs to determine that procedures are followed by
school districts.
(5) A description of the procedures used to confirm that each
member of the school district or schoolsite staff assigned to teach
English learners is informed of which pupils are designated as
English learners, and the programs and services that are to be
provided under the local control and accountability plan for their
benefit. The description shall address how the school district
confirms the appropriate programs and services are provided.
(6) Language census data from the prior three years regarding the
types of instructional services received by English learners in each
year, including the unduplicated counts of English learners receiving
each type of instructional services and the total number of English
learners.
(7) Differentiated instructional program options pursuant to
Sections 310 and 311 for diverse English learner types, such as
newcomers, long-term English learners, initially fluent English
proficient, and reclassified fluent English proficient, including
biliteracy pathways leading to the State Seal of Biliteracy as well
as access to advanced placement courses.
(8)
(4) A description of the comprehensive program of
English language development.
(9)
(5) A listing of the instructional materials provided
for English learners, in English and home language.
(10) Positions, credentials, and authorizations for each member of
the school district or schoolsite staff assigned to teach English
learners to promote successful implementation of the plan.
(11) Professional development plans targeting skills needed to
instruct the different profiles of English learners for school
district and schoolsite staff, including principals, administrators,
and teachers.
(12)
(6) A description of how professional development
programs assist in meeting the English learner annual measurable
objectives and annual measurable achievement objectives pursuant to
Titles I and III of the federal No Child Left Behind Act (Public Law
107-110). These professional development programs shall include
teacher induction programs administered by the local educational
agency.
(13)
(7) A description of the monitoring of reclassified
English learners pursuant to Sections 313.5 and 52164.6.
(d) 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.
(e) 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.
(f) 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.
(g) 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. 11. 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, a description of all of the
following:
(1) 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) 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).
(3) A listing and description of the expenditures implementing the
specific actions included in the local control and accountability
plan pursuant to paragraph (2) for the initial fiscal year covered by
the plan.
(4) A listing and description of expenditures for the initial
fiscal year covered by the local control and accountability plan 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
Section 60811.3 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, including, but not limited to, how the county
superintendent of schools will maintain schoolsite councils pursuant
to Sections 52852 and 62002.5 and English learner parent advisory
committees pursuant to Sections 52176 and 62002.5.
needs.
(4) Pupil achievement 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, by subgroups identified pursuant to
Section 52052, 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 clusters of courses that satisfy the requirements of subdivision
(a) of Section 52302, subdivision (a) of Section 52372.5, or
paragraph (2) of subdivision (e) of Section 54692, and align with
state board-approved career technical education standards and
frameworks.
(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 for each of the subgroups identified pursuant
to Section 52052, 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) 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.
(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) or 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,
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.
(i) The expenditures identified in subdivision (c) shall be
classified using the California School Accounting Manual pursuant to
Section 41010.
SEC. 12. 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 and each school 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 for the county office of
education and each school 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) shall be
classified using the California School Accounting Manual pursuant to
Section 41010.
SEC. 13. Section 52068 of the Education Code is amended to read:
52068. (a) Before the county board of education considers the
adoption of a local control and accountability plan or an annual
update to the local control and accountability plan, all of the
following shall occur:
(1) The county superintendent of schools shall present the local
control and accountability plan or annual update to the local control
and accountability plan to a parent advisory committee established
pursuant to Section 52069 for review and comment. The county
superintendent of schools shall respond, in writing, to comments
received from the parent advisory committee.
(2) The county superintendent of schools shall present the local
control and accountability plan or annual update to the local control
and accountability plan to the English learner parent advisory
committee established pursuant to Section 52069, if applicable, for
review and comment. The county superintendent of schools shall
respond, in writing, to comments received from the English learner
parent advisory committee.
(3) The county superintendent of schools shall notify members of
the public of the opportunity to submit written comments regarding
the specific actions and expenditures proposed to be included in the
local control and accountability plan or annual update to the local
control and accountability plan, using the most efficient and
effective method of notification possible. This paragraph shall not
require a county superintendent of schools to produce printed notices
or to send notices by mail, but the notifications provided to
parents shall be subject to Section 48985.
(4) The county superintendent of schools shall review school plans
submitted pursuant to Section 64001 for schools operated by the
county superintendent of schools and ensure that the specific actions
included in the local control and accountability plan or annual
update to the local control and accountability plan are consistent
with strategies included in the school plans, submitted pursuant to
Section 64001.
(b) (1) The county board of education shall hold at least one
public hearing to solicit the recommendations and comments of members
of the public regarding the specific actions and expenditures
proposed to be included in the local control and accountability plan
or annual update to the local control and accountability plan. The
agenda for the public hearing shall be posted at least 72 hours
before the public hearing and shall include the location where the
local control and accountability plan or annual update to the local
control and accountability plan, and any comments received pursuant
to paragraphs (1) to (3), inclusive, of subdivision (a), will be
available for public inspection. The public hearing shall be held at
the same meeting as the public hearing required by Section 1620.
(2) The county board of education shall adopt a local control and
accountability plan or annual update to the local control and
accountability plan in a public meeting. This meeting shall be held
after, but not on the same day as, the public hearing held pursuant
to paragraph (1). This meeting shall be the same meeting as that
during which the county board of education adopts a budget pursuant
to Section 1622.
(c) A county superintendent of schools may develop and present to
a county board of education for adoption revisions to a local control
and accountability plan during the period the local control and
accountability plan is in effect. The county board of education may
only adopt a revision to a local control and accountability plan if
it follows the process to adopt a local control and accountability
plan pursuant to this section and the revisions are adopted in a
public meeting.
SEC. 14. 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 and 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).
SEC. 15. Section 52070 of the Education Code is amended to read:
52070. (a) Not later than five days after adoption of a local
control and accountability plan or annual update to a local control
and accountability plan, the governing board of a school district
shall file the local control and accountability plan or annual update
to the local control and accountability plan with the county
superintendent of schools.
(b) On or before August 15 of each year, the county superintendent
of schools may seek clarification, in writing, from the governing
board of a school district about the contents of the local control
and accountability plan or annual update to the local control and
accountability plan. Within 15 days the governing board of a school
district shall respond, in writing, to requests for clarification.
(c) Within 15 days of receiving the response from the governing
board of the school district, the county superintendent of schools
may submit recommendations, in writing, for amendments to the local
control and accountability plan or annual update to the local control
and accountability plan. The governing board of a school district
shall consider the recommendations submitted by the county
superintendent of schools in a public meeting within 15 days of
receiving the recommendations.
(d) The county superintendent of schools shall approve a local
control and accountability plan or annual update to a local control
and accountability plan on or before October 8, if he or she
determines all of the following:
(1) (A) The local control
and accountability plan or annual update to the local control and
accountability plan adheres to the template adopted by the state
board pursuant to Section 52064.
(B) The county superintendent shall determine the need for
additional staff and may employ short-term analytical assistance or
expertise to validate financial information if the county does not
have the expertise or staff to perform program reviews of the
components of the local control and accountability plan or annual
update to the local control and accountability plan set forth in
subdivision (c) of Section 52064 for the purpose of providing
technical assistance and support pursuant to Section 52071.
(2) (A) The budget for the applicable fiscal year adopted by the
governing board of the school district includes expenditures
sufficient to implement the specific actions and strategies included
in the local control and accountability plan adopted by the governing
board of the school district, based on the projections of the costs
included in the plan.
(B) The Superintendent shall provide training to persons reviewing
budgets for purposes of this paragraph.
(3) The expenditures included in the budget for the applicable
fiscal year adopted by the governing board of the school district to
implement the specific actions and strategies included in the local
control and accountability plan or annual update to the local control
and accountability plan comply with the regulations adopted pursuant
to Section 42238.07.
(e) If a county superintendent of schools has jurisdiction over a
single school district, the Superintendent shall designate a county
superintendent of schools of an adjoining county to perform the
duties specified in this section.
SEC. 16. Section 52070.5 of the Education Code is amended to read:
52070.5. (a) Not later than five days after adoption of a local
control and accountability plan or annual update to a local control
and accountability plan, the county board of education shall file the
local control and accountability plan or annual update to the local
control and accountability plan with the Superintendent.
(b) On or before August 15 of each year, the Superintendent may
seek clarification, in writing, from the county board of education
about the contents of the local control and accountability plan or
annual update to the local control and accountability plan. Within 15
days the county board of education shall respond, in writing, to
requests for clarification.
(c) Within 15 days of receiving the response from the county board
of education, the Superintendent may submit recommendations, in
writing, for amendments to the local control and accountability plan
or annual update to the local control and accountability plan. The
county board of education shall consider the recommendations
submitted by the Superintendent in a public meeting within 15 days of
receiving the recommendations.
(d) The Superintendent shall approve a local control and
accountability plan or annual update to a local control and
accountability plan on or before October 8, if he or she determines
all of the following:
(1) The local control and accountability plan or annual update to
the local control and accountability plan adheres to the template
adopted by the state board pursuant to Section 52064.
(2) The budget for the applicable fiscal year adopted by the
county board of education includes expenditures sufficient to
implement the specific actions and strategies included in the local
control and accountability plan adopted by the county board of
education, based on the projections of the costs included in the
plan.
(3) The expenditures included in the budget for the applicable
fiscal year adopted by the governing board of the school district to
implement the specific actions and strategies included in the local
control and accountability plan or annual update to the local control
and accountability plan comply with the regulations adopted pursuant
to Section 42238.07.
SEC. 17. 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 each pupil subgroup 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. 18. 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 each 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. 19. Section 52072 of the Education Code is amended to read:
52072. (a) The Superintendent may, with the approval of the state
board, identify school districts in need of intervention.
(b) The Superintendent shall only intervene in a school district
that meets both of the following criteria:
(1) The school district did not improve the outcomes for three or
more pupil subgroups identified pursuant to Section 52052 or, if the
school district has less than three pupil subgroups, all of the
school district's pupil subgroups, in regard to more than one state
or local priority in three out of four consecutive school years, or
has failed to improve the outcomes for one or more pupil subgroups
identified pursuant to Section 52052 in regard to three or more state
or local priorities in three out of four consecutive school years.
(2) The California Collaborative for Educational Excellence has
provided advice and assistance to the school district pursuant to
Section 52071 and submits either of the following findings to the
Superintendent:
(A) That the school district has failed, or is unable, to
implement the recommendations of the California Collaborative for
Educational Excellence.
(B) That the inadequate performance of the school district, based
upon an evaluation rubric adopted pursuant to Section 52064.5, is
either so persistent or acute as to require intervention by the
Superintendent.
(c) For school districts identified pursuant to subdivision (a),
the Superintendent may, with the approval of the state board, do one
or more of the following:
(1) Make changes to a local control and accountability plan
adopted by the governing board of the school district.
(2) Develop and impose a budget revision, in conjunction with
revisions to the local control and accountability plan, that the
Superintendent determines would allow the school district to improve
the outcomes for all pupil subgroups identified pursuant to Section
52052 in regard to state and local priorities.
(3) Stay or rescind an action, if that action is not required by a
local collective bargaining agreement, that would prevent the school
district from improving outcomes for all pupil subgroups identified
pursuant to Section 52052 in regard to state or local priorities.
(4) Appoint an academic trustee to exercise the powers and
authority specified in this section on his or her behalf.
(d) The Superintendent shall notify the county superintendent of
schools, the county board of education, the superintendent of the
school district, and the governing board of the school district of
any action by the state board to direct him or her to exercise any of
the powers and authorities specified in this section.
SEC. 20. Section 52072.5 of the Education Code is amended to read:
52072.5. (a) The Superintendent may, with the approval of the
state board, identify county offices of education in need of
intervention.
(b) The Superintendent shall only intervene in a county office of
education that meets both of the following criteria:
(1) The county office of education did not improve the outcomes
for three or more pupil subgroups identified pursuant to Section
52052 or, if the county office of education has less than three pupil
subgroups, all of the county office of education's pupil subgroups,
in regard to more than one state or local priority in three out of
four consecutive school years, or has failed to improve the outcomes
for one or more pupil subgroups identified pursuant to Section 52052
in regard to three or more state or local priorities in three out of
four consecutive school years.
(2) The California Collaborative for Educational Excellence has
provided advice and assistance to the county office of education
pursuant to Section 52071.5 and submits either of the following
findings to the Superintendent:
(A) That the county office of education has failed, or is unable,
to implement the recommendations of the California Collaborative for
Educational Excellence.
(B) That the inadequate performance of the county office of
education, based upon an evaluation rubric adopted pursuant to
Section 52064.5, is either so persistent or acute as to require
intervention by the Superintendent.
(c) For county offices of education identified pursuant to
subdivision (a), the Superintendent may, with the approval of the
state board, do one or more of the following:
(1) Make changes to a local control and accountability plan
adopted by the county board of education.
(2) Develop and impose a budget revision, in conjunction with
revisions to the local control and accountability plan, that the
Superintendent determines would allow the county office of education
to improve the outcomes for all pupil subgroups identified pursuant
to Section 52052 in regard to state and local priorities.
(3) Stay or rescind an action, if that action is not required by a
local collective bargaining agreement, that would prevent the county
office of education from improving outcomes for all pupil subgroups
identified pursuant to Section 52052 in regard to state or local
priorities.
(4) Appoint an academic trustee to exercise the powers and
authority specified in this section on his or her behalf.
(d) The Superintendent shall notify the county board of education
and the county superintendent of schools, in writing, of any action
by the state board to direct him or her to exercise any of the powers
and authorities specified in this section.
SEC. 21. Section 52075 of the Education Code is amended to read:
52075. (a) A complaint that a school district, county
superintendent of schools, or charter school has not complied with
the requirements of this article, Section 42238.07 and the
regulations adopted pursuant to that section, or Sections 47606.5 and
47607.3, as applicable, may be filed with a school district, county
superintendent of schools, or charter school pursuant to the Uniform
Complaint Procedures set forth in Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations.
(b) A complaint may be filed anonymously if the complaint provides
evidence or information leading to evidence to support an allegation
of noncompliance with the requirements of this article.
(c) A complainant not satisfied with the decision of a school
district, county superintendent of schools, or charter school may
appeal the decision to the Superintendent and shall receive a written
appeal decision within 60 days of the Superintendent's receipt of
the appeal.
(d) If a school district, county superintendent of schools, or
charter school finds merit in a complaint, or the Superintendent
finds merit in an appeal, the school district, county superintendent
of schools, or charter school shall provide a remedy to all affected
pupils, parents, and guardians, which, to the greatest extent
possible, shall be implemented by the beginning of the school year
following submission of the complaint the
date that a remedy is determined and, if not by that time, then
during the school year following submission of the
complaint. If an appeal has merit, the remedy required by the
Superintendent shall include the school district, charter school, or
county superintendent of schools filing a corrective action plan with
the Superintendent, subject to approval by the state board, to
remedy the finding of noncompliance. the date that a
remedy is determined.
(e) Information regarding the requirements of this article shall
be included in the annual notification distributed to pupils, parents
and guardians, employees, and other interested parties pursuant to
Section 4622 of Title 5 of the California Code of Regulations or any
successor regulation.
(f) School districts, county superintendents of schools, and
charter schools shall establish local policies and procedures to
implement the provisions of this section on or before June 30, 2014.
SEC. 22. 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.
