Bill Text: CA SB509 | 2009-2010 | Regular Session | Chaptered
Bill Title: Education.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 303, Statutes of 2009. [SB509 Detail]
Download: California-2009-SB509-Chaptered.html
BILL NUMBER: SB 509 CHAPTERED
BILL TEXT
CHAPTER 303
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY AUGUST 27, 2009
AMENDED IN ASSEMBLY AUGUST 17, 2009
AMENDED IN ASSEMBLY JULY 9, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN SENATE APRIL 27, 2009
INTRODUCED BY Committee on Education (Senators Romero (Chair),
Alquist, Hancock, Huff, Liu, Maldonado, Padilla, Simitian, and
Wyland)
FEBRUARY 26, 2009
An act to amend Sections 1270, 14035, 16197, 17584, 17592.5,
24216.5, 37254, 44259, 44961, 47660, 51452, 52052, 52127, and 54026
of, and to repeal Sections 41857 and 47623 of, the Education Code,
and to amend Section 53892.1 of the Government Code, relating to
education.
LEGISLATIVE COUNSEL'S DIGEST
SB 509, Committee on Education. Education.
(1) Existing law requires the State Allocation Board to apportion
certain funds from the State School Deferred Maintenance Fund to
school districts, and specifies that those funds be apportioned after
December 1 of each fiscal year.
This bill would delete the provision specifying that those funds
be apportioned after December 1.
(2) Existing law authorizes the governing board of a school
district to provide for the transportation of pupils to and from
school by purchasing or renting vehicles, contracting and paying for
the transportation of pupils to and from school by a common carrier
or a municipally owned transit system, or contracting with and paying
responsible private parties for the transportation. In each fiscal
year, a school district or county office of education is entitled to
receive the same transportation allowance that it received in the
prior fiscal year, as calculated by the Superintendent of Public
Instruction based on the approved costs of home-to-school
transportation, as defined, of the district or county office.
This bill would repeal a provision specifying that a charter
school is eligible for funding pursuant to those provisions.
(3) Under existing law, an elementary school that has been
operated by the University of California at the Los Angeles campus
prior to January 1, 1994, may apply to become a charter school.
Existing law specifies, if an elementary school petitions either the
governing board of the local school district or the State Board of
Education to become a charter school, that the school shall receive
state apportionments equal to the statewide average revenue limit for
elementary schools plus other specified funding.
This bill would repeal the provisions requiring the charter school
to receive those funds.
(4) Existing law requires the Superintendent, with approval of the
state board, to develop the Academic Performance Index (API)
consisting of a variety of indicators currently reported to the State
Department of Education to track the achievement of schools and
their pupils. Statutory provisions establish a specific calculation
for graduation rates to be included within the API and require the
Superintendent to provide an annual report to the Legislature on
graduation and dropout rates in California. Existing law requires the
API to be used for specified purposes, including, but not limited
to, ranking all public schools in the state for purposes of the High
Achieving/Improving Schools Program.
This bill would include 5- and 6-year graduation rates in the
indicators currently reported to the department for purposes of
calculating a school's API. The bill would specify a formula to
calculate these rates, and would provide that schools receive partial
credit in their API scores for graduating pupils in 5 and 6 years,
except that schools would be granted full credit for graduating in 5
or 6 years a pupil with disabilities who graduates in accordance with
his or her individualized education program.
(5) Existing law authorizes the allocation of economic impact aid
funding to support educationally disadvantaged youth programs and
bilingual education, and requires the Superintendent to determine an
economic impact aid-eligible pupil count and calculate an amount of
economic impact aid for each school district. For charter schools
that are funded through the block grant funding model, as specified,
the department is required to use counts as of October of the prior
year of pupils 5 to 17 years of age, inclusive, who are living with
families whose annual income is at or below the federal poverty
guideline, as defined, without revision.
This bill would delete the provision specifying that it shall be
without revision.
(6) Existing law requires the Superintendent to furnish the
Controller with certain data no later than 6 months following the
close of each fiscal year.
This bill would instead require the Superintendent to make certain
data available on an as-needed basis.
(7) The bill also would update and correct various statutory cross
references.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1270 of the Education Code is amended to read:
1270. The county superintendent of schools of any county may use
schoolbuses to transport pupils attending schools or classes operated
by the county superintendent pursuant to Article 15 (commencing with
Section 1920) of Chapter 6 of this part, including adults attending
special classes for adults designed to serve the educational needs of
handicapped adults operated pursuant to Section 52570, and teachers
or other employees employed by the county superintendent of schools,
to and from school athletic contests or other school activities, or
to and from fairs or expositions held in the state or in any
adjoining state and in which the pupils participate actively or as
spectators. The transportation may be provided on any day or days
throughout the school year.
SEC. 2. Section 14035 of the Education Code is amended to read:
14035. (a) The county school service fund contingency account is
hereby established in the General Fund. In each fiscal year the
amount credited to the account shall be one hundred thousand dollars
($100,000). Notwithstanding any provision of Section 14002 to the
contrary, the amount to be credited to the county school service fund
contingency account each fiscal year shall not be transferred from
the General Fund as required or authorized to be transferred by
Section 14002 but the amounts required or authorized to be
transferred by Section 14002 shall be reduced by the amount to be
credited to the contingency account and shall remain in the General
Fund to the credit of the contingency account.
(b) The money in the General Fund to the credit of the contingency
account shall be transferred by the Controller to the State School
Fund in amounts as are certified from time to time by the
Superintendent of Public Instruction to be necessary to meet actual
costs to reimburse county superintendents of schools for expenses
incurred in providing emergency education to pupils and making
financial grants to school districts pursuant to Section 1602, to
reimburse county superintendents of schools for the actual and
necessary travel expenses incurred in connection with cooperative
county publication projects by the county superintendent of schools
or members of his staff, and to reimburse county superintendents of
schools for expenses incurred in making emergency financial grants to
school districts.
(c) The amount credited, pursuant to this section, in each fiscal
year to the county school service fund contingency account in the
General Fund shall be reduced by the amount of the balance remaining
to the account on June 30 of the preceding fiscal year and an equal
reduction shall be made in the amount of the reduction in the amounts
required or authorized to be transferred under Section 14002 in
accordance with this section.
SEC. 3. Section 16197 of the Education Code is amended to read:
16197. (a) Notwithstanding any other provisions of this article
to the contrary, apportionments for the purchase of mobile classrooms
for the education of physically handicapped pupils enrolled in
integrated programs, as set forth in Part 30 (commencing with Section
56000), and for the education and therapy of speech-handicapped
pupils may, subject to the approval of the department, be made to any
school district not otherwise eligible to receive apportionments
under Article 1 (commencing with Section 16000) and Article 2
(commencing with Section 16150) for that purpose.
(b) The State Department of Education may approve applications in
those situations where mobile classrooms will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Chapter 7.2 (commencing with Section 56836) of
Part 30. Mobile classrooms shall be used pursuant to an agreement
authorized by Section 41308.
(c) Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in annual amounts and
at an interest rate over the period as the State Allocation Board may
determine, not to exceed 20 years from the date the apportionment
became final. In any school year in which 50 percent or more of the
pupils in average daily attendance, as determined by the county
superintendent of schools, and served by the facilities are not
pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
(d) The county board of supervisors of the county whose
superintendent of schools uses mobile classrooms during any fiscal
year shall at the time or times within the fiscal year as may be
agreed upon between the county and the school district, but in any
case not later than the end of the fiscal year, pay to the school
district having the obligation to repay the apportionment made under
this section for the purchase of mobile classrooms, an amount equal
to 100 percent of the amount the district is required to repay in the
fiscal year with respect to the apportionment described above.
(e) The county board of supervisors shall raise the amount
required through a general tax levy on the property within the
participating districts, or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility including the district having the
obligation to repay, or through a combination of these.
(f) The county superintendent of schools shall notify the county
board of supervisors of his or her intention to approve a school
district's application for an allocation under this article before he
or she approves the application.
(g) The department shall prepare specifications or regulations for
the construction of mobile classrooms to provide for a useful life
of no less than 20 years.
(h) The use of mobile classrooms shall meet specifications
described by the department as they relate to the needs of the
physically handicapped pupils being served, as set forth in Chapter
7.2 (commencing with Section 56836) of Part 30.
SEC. 4. Section 17584 of the Education Code is amended to read:
17584. (a) Each fiscal year, the State Allocation Board shall
apportion, from the State School Deferred Maintenance Fund, to school
districts an amount equal to one dollar ($1) for each one dollar
($1) of local funds up to a maximum of1/2 percent of the district's
second prior fiscal year revenue limit average daily attendance
multiplied by the average, per unit of second prior fiscal year
average daily attendance, of the total expenditures and ending fund
balances of the total general funds and adult education funds for
districts of similar size and type, as defined in subdivision (b) of
Section 42238.4, for the second prior fiscal year, exclusive of any
amounts expended for capital outlay, debt service, or revenues that
are passed through to other local education agencies, to the extent
of funds available.
(b) In order to be eligible to receive state aid pursuant to
subdivision (a), no district shall be required to budget from local
district funds an amount greater than 1/2 percent of the district's
second prior fiscal year revenue limit average daily attendance,
multiplied by the average, per unit of second prior fiscal year
average daily attendance, of the total expenditures and ending fund
balances of the total general funds and adult education funds for
districts of similar size and type, as defined in subdivision (b) of
Section 42238.4 for the second prior fiscal year, exclusive of any
amounts expended for capital outlay, debt service, or revenues that
are passed through to other local educational agencies.
SEC. 5. Section 17592.5 of the Education Code is amended to read:
17592.5. The Joint Powers Southern California Regional
Occupational Center and the Metropolitan Education District, a joint
powers authority, shall be deemed to be school districts for purposes
of Sections 17582 to 17592, inclusive, and for the purposes of
Section 17584.
SEC. 6. Section 24216.5 of the Education Code is amended to read:
24216.5. (a) The compensation earned by a member who retired for
service under this part shall be exempt from subdivisions (d), (f),
and (g) of Section 24214, if all of the following conditions are met:
(1) The member retired for service with an effective date on or
before January 1, 2007.
(2) The member retired for service is employed by a school
district to provide any of the following:
(A) Direct classroom instruction to pupils enrolled in
kindergarten or any grades 1 to 12, inclusive.
(B) Support and assessment for new teachers through the Beginning
Teacher Support and Assessment program authorized by Section 44279.1.
(C) Support to individuals completing student teaching
assignments.
(D) Support to individuals participating in the following
programs:
(i) Alternative certification programs authorized pursuant to
Article 11 (commencing with Section 44380) of Chapter 2 of Part 25 of
Division 3 of Title 2.
(ii) School Paraprofessional Teacher Training Program established
pursuant to Article 12 (commencing with Section 44390) of Chapter 2
of Part 25 of Division 3 of Title 2.
(E) Instruction and pupil services provided to pupils enrolled in
special education programs authorized pursuant to Part 30 (commencing
with Section 56000) of Division 4 of Title 2.
(F) Instruction to pupils enrolled in English language learner
programs authorized pursuant to Chapter 3 (commencing with Section
300), Chapter 4 (commencing with Section 400), and Chapter 6
(commencing with Section 430) of Part 1.
(3) All members retired for service whose employment with a school
district meets the conditions specified in this section shall be
treated as a distinct class of temporary employees within the
existing bargaining unit whose service may not be included in
computing the service required as a prerequisite to attainment of or
eligibility for classification as a permanent employee of a school
district. The compensation for service performed by this class of
employees shall be established in accordance with subdivision (b) of
Section 24214 and agreed to in the collective bargaining agreement
between the employing school district and the exclusive
representative for the existing bargaining unit within which these
temporary employees of the school district are treated as a distinct
class.
(4) The employing school district submits documentation required
by the system to substantiate the eligibility of the temporary
employment of a member retired for service for the exemption under
this subdivision.
(b) A school district that employs a member retired for service
pursuant to this section shall maintain accurate records of the
retired member's compensation earned and shall report that
compensation monthly to the system regardless of the method of
payment or the source of funds from which the compensation is paid.
(c) This section does not apply to the compensation earned for
creditable service performed by a member retired for service for a
community college district.
(d) This section shall remain in effect only until June 30, 2010,
and shall be repealed as of January 1, 2011, unless a later enacted
statute deletes or extends that date.
SEC. 7. Section 37254 of the Education Code is amended to read:
37254. (a) For purposes of this section, "eligible pupil" means a
pupil who has not met the high school exit examination requirement
for high school graduation pursuant to Chapter 9 (commencing with
Section 60850) of Part 33 of Division 4, and who has failed one or
both parts of that examination by the end of grade 12.
(b) (1) From the funds appropriated for purposes of this section
in the annual Budget Act or other statute, the Superintendent shall
determine a per pupil rate of funding by dividing the total amount of
funds appropriated for purposes of this section by the number of
eligible pupils in grade 12 as reported by school districts in
accordance with paragraph (7) of subdivision (d). The Superintendent
then shall apportion to each school district an amount equal to the
per pupil rate determined pursuant to this paragraph multiplied by
the number of eligible grade 12 pupils reported pursuant to paragraph
(7) of subdivision (d).
(2) If funds appropriated for purposes of paragraph (1) are not
exhausted after the apportionment pursuant to paragraph (1) is made,
the Superintendent shall determine a per pupil rate of funding for
eligible pupils in grade 11 by dividing the total amount of funds
appropriated for purposes of this section remaining after the
apportionment pursuant to paragraph (1) has been made by the total
number of eligible pupils in grade 11 reported by school districts in
accordance with paragraph (7) of subdivision (d). The Superintendent
shall apportion to each school district an amount equal to the per
pupil rate determined pursuant to this paragraph multiplied by the
number of eligible grade 11 pupils reported pursuant to paragraph (7)
of subdivision (d).
(3) The maximum per pupil rate of funding shall not exceed five
hundred dollars ($500) and shall be increased annually by the
percentage determined in paragraph (2) of subdivision (b) of Section
42238.1
(c) (1) The funds described in subdivision (b) shall be used to
provide intensive instruction and services designed to help eligible
pupils pass the high school exit examination.
(2) Intensive instruction and services may be provided during the
regular schoolday provided that they do not supplant the instruction
of the pupil in the core curriculum areas as defined in paragraph (5)
of subdivision (a) of Section 60603, or physical education
instruction. Eligible pupils may receive intensive instruction and
services on Saturdays, evenings, or at a time and location deemed
appropriate by the school district in order to meet the needs of
these pupils.
(3) Intensive instruction and services may include, but are not
limited to, all of the following:
(A) Individual or small group instruction.
(B) The hiring of additional teachers.
(C) Purchasing, scoring, and reviewing diagnostic assessments.
(D) Counseling.
(E) Designing instruction to meet specific needs of eligible
pupils.
(F) Appropriate teacher training to meet the needs of eligible
pupils.
(G) Instruction in English language arts or mathematics, or both,
that eligible pupils need to pass those parts of the high school exit
examination not yet passed. A school district may employ different
intensive instruction and services strategies more aligned to the
needs and circumstances of pupils who have not passed one or both
parts of the high school exit examination by the end of grade 12 as
compared to grade 12 pupils with similar needs in a comprehensive
high school of the district.
(H) The provision of instruction and services by a public or
nonpublic entity, as determined by the local educational agency.
(d) As a condition of receiving funds pursuant to subdivision (c),
the school district shall accomplish all of the following:
(1) Ensure that each eligible pupil receives an appropriate
diagnostic assessment to identify that pupil's areas of need.
(2) Ensure that each pupil receives intensive instruction and
services based on the results of the diagnostic assessment, and prior
results on the high school exit examination.
(3) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 are
notified in writing at the last known address before the end of each
school term of the availability of the services in sufficient time to
register for or avail themselves of those services each term for two
consecutive academic years thereafter and are notified of the right
of a pupil to file a complaint regarding those services as set forth
in Section 35186. In addition to notifying the pupil, or his or her
parent or legal guardian if the pupil is under the age of 18, in
writing, the notice shall be posted in the school office and district
office and on the Internet Web site of the school district, if
applicable. The notice shall comply with the translation requirements
of Section 48985.
(4) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 have the
opportunity to receive intensive instruction and services as needed
based on the results of the diagnostic assessment and prior results
on the high school exit examination, as specified in paragraph (2),
for up to two consecutive academic years after completion of grade 12
or until the pupil has passed both parts of the high school exit
examination, whichever comes first. A school district shall employ
strategies for intensive instruction and services that are most
likely to result in these pupils passing the parts of the high school
exit examination that they have not yet passed.
(5) Ensure that all English learners who have not passed one or
both parts of the high school exit examination by the end of grade 12
have the opportunity to receive intensive instruction and services
provided under paragraph (3) of subdivision (c) that also shall
include services to improve English proficiency as needed based on
the results of the diagnostic assessment and prior results on the
high school exit examination, as specified in paragraph (2), to pass
those parts of the high school exit examination not yet passed, for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first. A school district shall employ
strategies for intensive instruction and services that are most
likely to result in these pupils passing the parts of the high school
exit examination that they have not yet passed.
(6) Demonstrate that funds will be used to supplement and not
supplant existing services.
(7) Provide to the Superintendent, in a manner and by a date
certain determined by the Superintendent, the number of eligible
pupils at each high school in the school district.
(8) Submit an annual report to the Superintendent and the
appropriate county superintendent of schools in a manner determined
by the Superintendent that describes the manner and frequency in
which eligible pupils were notified of the intensive instruction and
services provided, the number of pupils served for each type of
service provided, and the number of pupils in the school district who
successfully pass the high school exit examination by each type of
service provided.
SEC. 8. Section 41857 of the Education Code is repealed.
SEC. 9. Section 44259 of the Education Code, as amended by Section
17 of Chapter 2 of the 4th Extraordinary Session of the Statutes of
2009, is amended to read:
44259. (a) Except as provided in subparagraphs (A) and (C) of
paragraph (3) of subdivision (b), each program of professional
preparation for multiple or single subject teaching credentials shall
not include more than one year of, or the equivalent of one-fifth of
a five-year program in, professional preparation.
(b) The minimum requirements for the preliminary multiple or
single subject teaching credential are all of the following:
(1) A baccalaureate degree or higher degree from a regionally
accredited institution of postsecondary education. Except as provided
in subdivision (c) of Section 44227, the baccalaureate degree shall
not be in professional education. The commission shall encourage
accredited institutions to offer undergraduate minors in education
and special education to students who intend to become teachers.
(2) Passage of the state basic skills examination that is
developed and administered by the commission pursuant to Section
44252.5.
(3) Satisfactory completion of a program of professional
preparation that has been accredited by the committee on
accreditation on the basis of standards of program quality and
effectiveness that have been adopted by the commission. In accordance
with the commission's assessment and performance standards, each
program shall include a teaching performance assessment as set forth
in Section 44320.2 which is aligned with the California Standards for
the Teaching Profession. The commission shall ensure that each
candidate recommended for a credential or certificate has
demonstrated satisfactory ability to assist pupils to meet or exceed
state content and performance standards for pupils adopted pursuant
to subdivision (a) of Section 60605. Programs that meet this
requirement for professional preparation shall include any of the
following:
(A) Integrated programs of subject matter preparation and
professional preparation pursuant to subdivision (a) of Section
44259.1.
(B) Postbaccalaureate programs of professional preparation,
pursuant to subdivision (b) of Section 44259.1.
(C) Internship programs of professional preparation, pursuant to
Section 44321, Article 7.5 (commencing with Section 44325), Article
11 (commencing with Section 44380), and Article 3 (commencing with
Section 44450) of Chapter 3.
(4) Study of alternative methods of developing English language
skills, including the study of reading as described in subparagraphs
(A) and (B), among all pupils, including those for whom English is a
second language, in accordance with the commission's standards of
program quality and effectiveness. The study of reading shall meet
the following requirements:
(A) Commencing January 1, 1997, satisfactory completion of
comprehensive reading instruction that is research-based and includes
all of the following:
(i) The study of organized, systematic, explicit skills including
phonemic awareness, direct, systematic, explicit phonics, and
decoding skills.
(ii) A strong literature, language, and comprehension component
with a balance of oral and written language.
(iii) Ongoing diagnostic techniques that inform teaching and
assessment.
(iv) Early intervention techniques.
(v) Guided practice in a clinical setting.
(B) For the purposes of this section, "direct, systematic,
explicit phonics" means phonemic awareness, spelling patterns, the
direct instruction of sound/symbol codes and practice in connected
text and the relationship of direct, systematic, explicit phonics to
the components set forth in clauses (i) to (v), inclusive.
A program for the multiple subjects credential also shall include
the study of integrated methods of teaching language arts.
(5) Completion of a subject matter program that has been approved
by the commission on the basis of standards of program quality and
effectiveness pursuant to Article 6 (commencing with Section 44310)
or passage of a subject matter examination pursuant to Article 5
(commencing with Section 44280). The commission shall ensure that
subject matter standards and examinations are aligned with the state
content and performance standards for pupils adopted pursuant to
subdivision (a) of Section 60605.
(6) Demonstration of a knowledge of the principles and provisions
of the Constitution of the United States pursuant to Section 44335.
(7) Commencing January 1, 2000, demonstration, in accordance with
the commission's standards of program quality and effectiveness, of
basic competency in the use of computers in the classroom as
determined by one of the following:
(A) Successful completion of a commission-approved program or
course.
(B) Successful passage of an assessment that is developed,
approved, and administered by the commission.
(c) The minimum requirements for the clear multiple or single
subject teaching credential shall include all of the following
requirements:
(1) Possession of a valid preliminary teaching credential, as
prescribed in subdivision (b), possession of a valid equivalent
credential or certificate, or completion of equivalent requirements
as determined by the commission.
(2) Except as provided in paragraph (3), completion of a program
of beginning teacher induction, including one of the following:
(A) A program of beginning teacher support and assessment approved
by the commission and the Superintendent pursuant to Section
44279.1, a provision of the Marian Bergeson Beginning Teacher Support
and Assessment System.
(B) An alternative program of beginning teacher induction that is
provided by one or more local educational agencies and has been
approved by the commission and the Superintendent on the basis of
initial review and periodic evaluations of the program in relation to
appropriate standards of credential program quality and
effectiveness that have been adopted by the commission, the
Superintendent, and the state board pursuant to this subdivision. The
standards for alternative programs shall encourage innovation and
experimentation in the continuous preparation and induction of
beginning teachers. Any alternative program of beginning teacher
induction that has met state standards pursuant to this subdivision
may apply for state funding pursuant to Sections 44279.1 and 44279.2.
(C) An alternative program of beginning teacher induction that is
sponsored by a regionally accredited college or university, in
cooperation with one or more local school districts, that addresses
the individual professional needs of beginning teachers and meets the
commission's standards of induction. The commission shall ensure
that preparation and induction programs that qualify candidates for
professional credentials extend and refine each beginning teacher's
professional skills in relation to the California Standards for the
Teaching Profession and the standards of pupil performance adopted
pursuant to Section 60605.
(3) (A) If a candidate satisfies the requirements of subdivision
(b), including completion of an accredited internship program of
professional preparation, and if that internship program fulfills
induction standards and is approved as set forth in this subdivision,
the commission shall determine that the candidate has fulfilled the
requirements of paragraph (2).
(B) If an approved induction program is verified as unavailable to
a beginning teacher, or if the beginning teacher is required under
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) to complete subject matter coursework to be qualified for a
teaching assignment, the commission shall accept completion
of an approved clear credential
program after completion of a baccalaureate degree at a regionally
accredited institution as fulfilling the requirements of paragraph
(2). The commission shall adopt regulations to implement this
subparagraph.
(4) Experience that includes the application of knowledge and
skills previously acquired in a preliminary credential program, in
accordance with commission standards, that addresses the following:
(A) Health education, including study of nutrition,
cardiopulmonary resuscitation, and the physiological and sociological
effects of abuse of alcohol, narcotics, and drugs and the use of
tobacco. Training in cardiopulmonary resuscitation shall also meet
the standards established by the American Heart Association or the
American Red Cross.
(B) Field experience in methods of delivering appropriate
educational services to pupils with exceptional needs in regular
education programs.
(C) Advanced computer-based technology, including the uses of
technology in educational settings.
(d) The commission shall develop and implement standards of
program quality and effectiveness that provide for the areas of
application listed in subparagraphs (A) to (C), inclusive, of
paragraph (4) of subdivision (c), starting in professional
preparation and continuing through induction.
(e) A credential that was issued prior to January 1, 1993, shall
remain in force as long as it is valid under the laws and regulations
that were in effect on the date it was issued. The commission may
not, by regulation, invalidate an otherwise valid credential, unless
it issues to the holder of the credential, in substitution, a new
credential authorized by another provision in this chapter that is no
more restrictive than the credential for which it was substituted
with respect to the kind of service authorized and the grades,
classes, or types of schools in which it authorizes service.
(f) A credential program that is approved by the commission may
not deny an individual access to that program solely on the grounds
that the individual obtained a teaching credential through completion
of an internship program when that internship program has been
accredited by the commission.
(g) Notwithstanding this section, persons who were performing
teaching services as of January 1, 1999, pursuant to the language of
this section that was in effect prior to that date, may continue to
perform those services without complying with any requirements that
may be added by the amendments adding this subdivision.
(h) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b)
do not apply to any person who, as of January 1, 1997, holds a
multiple or single subject teaching credential, or to any person
enrolled in a program of professional preparation for a multiple or
single subject teaching credential as of January 1, 1997, who
subsequently completes that program. It is the intent of the
Legislature that the requirements of subparagraphs (A) and (B) of
paragraph (4) of subdivision (b) be applied only to persons who enter
a program of professional preparation on or after January 1, 1997.
SEC. 10. Section 44961 of the Education Code is amended to read:
44961. In specifying or defining the rights of employees in
Sections 44955 to 44961, inclusive, the effect of war refers to "war"
as defined in Section 22804.
SEC. 11. Section 47623 of the Education Code is repealed.
SEC. 12. Section 47660 of the Education Code is amended to read:
47660. (a) For purposes of computing eligibility for, and
entitlements to, general purpose funding and operational funding for
categorical programs, the enrollment and average daily attendance of
a sponsoring local educational agency shall exclude the enrollment
and attendance of pupils in its charter schools funded pursuant to
this chapter.
(b) (1) Notwithstanding subdivision (a), and commencing with the
2005-06 fiscal year, for purposes of computing eligibility for, and
entitlements to, revenue limit funding, the average daily attendance
of a unified school district, other than a unified school district
that has converted all of its schools to charter status pursuant to
Section 47606, shall include all attendance of pupils who reside in
the unified school district and who would otherwise have been
eligible to attend a noncharter school of the school district, if the
school district was a basic aid school district in the prior fiscal
year, or if the pupils reside in the unified school district and
attended a charter school of that school district that converted to
charter status on or after July 1, 2005. Only the attendance of the
pupils described by this paragraph shall be included in the
calculation made pursuant to paragraph (7) of subdivision (h) of
Section 42238.
(2) Notwithstanding subdivision (a), for the 2005-06 fiscal year
only, for purposes of computing eligibility for, and entitlements to,
revenue limit funding, the average daily attendance of a unified
school district, other than a unified school district that has
converted all of its schools to charter status pursuant to Section
47606 and is operating them as charter schools, shall include all
attendance of pupils who reside in the unified school district and
who would otherwise have been eligible to attend a noncharter school
of the unified school district if the pupils attended a charter
school operating in the unified school district prior to July 1,
2005. Only the attendance of pupils described by this paragraph shall
be included in the calculation made pursuant to Section 42241.3. The
attendance of the pupils described by this paragraph shall be
included in the calculation made pursuant to paragraph (7) of
subdivision (h) of Section 42238.
(c) Commencing with the 2005-06 fiscal year, for the attendance of
pupils specified in subdivision (b), the general-purpose entitlement
for a charter school that is established through the conversion of
an existing public school within a unified school district on or
after July 1, 2005, shall be determined using the following amount of
general-purpose funding per unit of average daily attendance, in
lieu of the amount calculated pursuant to subdivision (a) of Section
47633:
(1) The amount of the actual unrestricted revenues expended per
unit of average daily attendance for that school in the year prior to
its conversion to, and operation as, a charter school, adjusted for
the base revenue limit per pupil inflation increase adjustment set
forth in Section 42238.1, if this adjustment is provided, and also
adjusted for equalization, deficit reduction, and other state
general-purpose increases, if any, provided for the unified school
district in the year of conversion to, and operation as, a charter
school.
(2) For a subsequent fiscal year, the general-purpose entitlement
shall be determined based on the amount per unit of average daily
attendance allocated in the prior fiscal year adjusted for the base
revenue limit per pupil inflation increase adjustment set forth in
Section 42238.1, if this adjustment is provided, and also adjusted
for equalization, deficit reduction, and other state general-purpose
increases, if any, provided for the unified school district in that
fiscal year.
(d) Commencing with the 2005-06 fiscal year, the general-purpose
funding per unit of average daily attendance specified for a unified
school district for purposes of paragraph (7) of subdivision (h) of
Section 42238 for a school within the unified school district that
converted to charter status on or after July 1, 2005, shall be deemed
to be the amount computed pursuant to subdivision (c).
(e) A unified school district that is the sponsoring local
educational agency as defined in subdivision (j) of Section 47632 of
a charter school that is subject to the provisions of subdivision (c)
shall certify to the Superintendent the amount specified in
paragraph (1) of subdivision (c) prior to the approval of the charter
petition by the governing board of the school district. This amount
may be based on estimates of the unrestricted revenues expended in
the fiscal year prior to the school's conversion to charter status
and the school's operation as a charter school, provided that the
amount is recertified when the actual data becomes available.
(f) For the purposes of this section, "basic aid school district"
means a school district that does not receive from the state an
apportionment of state funds pursuant to subdivision (h) of Section
42238.
(g) A school district may use the existing Standardized Account
Code Structure and cost allocation methods, if appropriate, for an
accounting of the actual unrestricted revenues expended in support of
a school pursuant to subdivision (c).
(h) For purposes of this section and Section 42241.3, "operating"
means that pupils are attending, and receiving instruction at the
charter school.
SEC. 13. Section 51452 of the Education Code is amended to read:
51452. The state board shall determine and adopt, based upon the
recommendations of the Superintendent, the following:
(a) The means by which pupils may demonstrate mastery of the
curriculum. For subject matter areas, the means may include, but
shall not be limited to, any subject matter examinations deemed
appropriately rigorous by the state board. For this purpose, the
state board may designate examinations administered by or under the
auspices of the department, or examinations produced by private
providers or local educational agencies, that are supervised and
administered under conditions that are deemed adequate by the state
board.
(b) Pupil performance standards or achievement levels that
demonstrate mastery of the curriculum.
SEC. 14. 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, especially the academic performance of
pupils.
(2) A school shall demonstrate comparable improvement in academic
achievement as measured by the API by all numerically significant
pupil subgroups at the school, including:
(A) Ethnic subgroups.
(B) Socioeconomically disadvantaged pupils.
(C) English language learners.
(D) Pupils with disabilities.
(3) (A) For purposes of this section, a numerically significant
pupil subgroup is one that meets both of the following criteria:
(i) The subgroup consists of at least 50 pupils each of whom has a
valid test score.
(ii) The subgroup constitutes at least 15 percent of the total
population of pupils at a school who have valid test scores.
(B) If a subgroup does not constitute 15 percent of the total
population of pupils at a school who have valid test scores, the
subgroup may constitute a numerically significant pupil subgroup if
it has at least 100 valid test scores.
(C) For a school with an API score that is based on no fewer than
11 and no more than 99 pupils with valid test scores, numerically
significant subgroups shall be defined by the Superintendent, with
approval by the state board.
(4) 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.
(A) 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 prior to 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 prior to 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 prior to
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 prior to 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 prior to 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 prior to 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 prior to 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 prior to 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 prior to 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.
(B) 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 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 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 (IEP).
(C) 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 language 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. Results of the
achievement test and other tests specified in subdivision (b) shall
constitute at least 60 percent of the value of the index.
(D) Before including high school graduation rates and attendance
rates in the API, the Superintendent shall determine the extent to
which the data currently are reported to the state and the accuracy
of the data. Notwithstanding any other provision of 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.
(E) The Superintendent shall provide an annual report to the
Legislature on the graduation and dropout rates in California and
shall make the same report available to the public. The report shall
be accompanied by the release of publicly accessible data for each
school district and school in a manner that provides for
disaggregation based upon socioeconomically disadvantaged pupils and
numerically significant subgroups scoring below average on statewide
standards-aligned assessments. In addition, the data shall be made
available in a manner that provides for comparisons of a minimum of
three years of data.
(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. When the API is fully
developed, schools, at a minimum, shall meet their annual API growth
targets to be eligible for the Governor's Performance Award Program
as set forth in Section 52057. The state board may establish
additional criteria that schools must meet to be eligible for the
Governor's Performance Award Program.
(e) The API shall be used for both of the following:
(1) Measuring the progress of schools selected for participation
in the Immediate Intervention/Underperforming Schools Program
pursuant to Section 52053.
(2) Ranking all public schools in the state for the purpose of the
High Achieving/Improving Schools Program pursuant to Section 52056.
(f) (1) A school 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 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 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 are not
representative of the pupil population at the school.
(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 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.
(g) Only schools with 100 or more test scores contributing to the
API may be included in the API rankings.
(h) 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.
SEC. 15. Section 52127 of the Education Code is amended to read:
52127. (a) As a condition to receiving an apportionment pursuant
to Section 52126, school districts shall have a staff development
program that requires a certificated teacher who will provide direct
instructional services for a class participating in the school
district's class size reduction program to receive the appropriate
training necessary to maximize the educational advantages of class
size reduction. This training shall include, but not be limited to,
methods for providing each of the following:
(1) Individualized instruction.
(2) Effective teaching, including classroom management, in smaller
classes.
(3) Identifying and responding to pupil needs.
(4) Opportunities to build on the individual strengths of pupils.
(b) School districts may use funds currently received for staff
development or funds received under this chapter to meet the
requirements of this section.
SEC. 16. Section 54026 of the Education Code is amended to read:
54026. For purposes of this article, the following definitions
apply:
(a) "Economically disadvantaged pupils" means either of the
following, whichever is applicable:
(1) Pupils described in Section 101 of Title I of the federal No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6333(c)(1)(A)(B)).
Counts of the pupils described in this paragraph shall be the counts
used in the current year apportionment calculations for purposes of
Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.).
(2) (A) Notwithstanding paragraph (1), for a small school
district, the product of the number of pupils eligible for
participation in the free meals program for the prior fiscal year, as
defined in subdivision (d), and the free meals adjustment factor.
The free meals adjustment factor is the quotient, rounded to two
decimal places, resulting from dividing the statewide total of
economically disadvantaged pupils as defined in paragraph (1) by the
statewide total of pupils eligible for participation in the free
meals program for the prior fiscal year, as defined in subdivision
(d).
(B) Notwithstanding paragraph (1) or subparagraph (A), for charter
schools that are funded through the block grant funding model
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 in the 2006-07 fiscal year, the department shall use
counts as of October 2006 of pupils 5 to 17 years of age, inclusive,
who are living with families whose annual income is at or below the
federal poverty guideline, as collected through the first principal
apportionment data collection process, as defined in Section 41601.
Commencing in the 2007-08 fiscal year, the Superintendent shall use
counts as of October of the prior year of pupils 5 to 17 years of
age, inclusive, who are living with families whose annual income is
at or below the federal poverty guideline, as collected through the
first principal apportionment data collection process, as defined in
Section 41601. For purposes of this subdivision, the department may
use in the first year of operation of a charter school that is
established on or after July 1, 2007, the current year counts of
pupils 5 to 17 years of age, inclusive, who are living with families
whose annual income is at or below the federal poverty guideline.
(C) The Superintendent may expand upon an existing process of
collecting free or reduced price meal data in order to collect from
small districts, as defined in subdivision (c), counts of pupils
living with families whose annual income is at or below the federal
poverty guideline.
(b) "English learner" means a pupil described in subdivision (a)
of Section 306 or identified as a pupil of limited English
proficiency, as that term is defined in subdivision (m) of Section
52163. Counts of the pupils described in this subdivision shall be
the counts reported in the prior year language census.
(c) "Small school district" means a school district that has an
annual enrollment of less than 600 pupils based on prior school year
CBEDS data and is, for the purposes of this section, designated a
rural school by the Superintendent based on the appropriate school
locale codes, as used by the National Center for Education Statistics
of the United States Department of Education.
(d) "Free meals" means the aggregate number of pupils meeting the
income eligibility guidelines established by the federal government
for free meals as reported for all schools for which the district is
the authorizing agency.
(e) For purposes of subparagraph (B) of paragraph (2) of
subdivision (a), the count of economically disadvantaged pupils for a
charter school that is operated pursuant to Section 47612.1 shall be
calculated without regard to the age of the pupil. A pupil who
resides in program housing shall be considered a family of one.
SEC. 17. Section 53892.1 of the Government Code is amended to
read:
53892.1. For the purpose of permitting the compilation of the
financial transactions of school districts by the Controller, the
Superintendent of Public Instruction shall make available to the
Controller, on an as-needed basis, data and other matters required by
this article by the
Controller. The Superintendent shall derive the data and other
matters required for purposes of this article by the Controller from
reports furnished by school districts or by county officials to the
Superintendent as provided by law. No school district or county
superintendent of schools shall be required to furnish separate
reports to the Controller by the provisions of this article. The
Superintendent shall furnish average daily attendance or enrollment
data in lieu of the general population data required of counties and
other municipal corporations by this article. The Superintendent
shall add to the report forms furnished by him or her items or other
matters as may be agreed by the Superintendent and the Controller to
be needed for the purposes of this article.
