Amended  IN  Senate  April 07, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 692

Introduced by Senator Cortese
(Coauthor: Senator Becker)
(Coauthor: Assembly Member Robert Rivas)

February 19, 2021

An act to amend Sections 47607.3, 52060, 52064.5, 52066, 52071, and 52071.5 52060 and 52064.5 of, and to add and repeal Section 56139 of, the Education Code, relating to special education.


LEGISLATIVE COUNSEL'S DIGEST


SB 692, as amended, Cortese. Local control and accountability plans: state priorities: least restrictive environment.
(1) Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program. Existing law requires the Superintendent of Public Instruction to ensure that pupil and program performance results are monitored at the state and local levels in order to comply with the above requirements by evaluating pupil performance against key performance indicators, including a federal indicator that measures the percentage of pupils with individualized education programs who are 6 to 21 years of age, inclusive, and served inside a regular classroom 80 percent or more of the day. Existing law requires the Superintendent to annually report, and submit a performance plan every 6 years, to the United States Department of Education on performance.
Existing law requires the governing board of each school district and each county board of education to adopt and annually update a local control and accountability plan that includes, among other things, a description of the annual goals to be achieved for each state priority, as specified, priority for all pupils and certain subgroups of pupils. pupils, including the state priority of school climate, which is measured by, among other things, local measures. Existing law requires a petition for the establishment of a charter school to contain reasonably comprehensive descriptions of, among other things, the annual goals for the charter school for all pupils and certain subgroups of pupils to be achieved in each state priority, as specified. Existing law requires the governing body of a charter school to annually hold a public hearing to adopt a local control and accountability plan that, among other things, updates the annual goals identified in the charter petition.
Existing law requires the State Board of Education to adopt evaluation rubrics to, among other things, assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law requires, as part of the evaluation rubrics, the state board to adopt state and local indicators to measure school district and individual schoolsite performance in regard to each of the state priorities. Existing law requires the State Department of Education, in collaboration with, and subject to the approval of, the executive director of the state board, to develop and maintain the California School Dashboard, a Web-based system for publicly reporting performance data on the state and local indicators. Existing law also requires, as part of the evaluation rubrics, the state board to adopt performance criteria for local educational agency assistance and intervention.
This bill would add the least restrictive environment, as measured by the percentage of pupils with individualized education programs who are 6 to 21 years of age, inclusive, and served inside a regular classroom 80 percent or more of the day, as a state priority. above-referenced federal indicator, as another local measure of the state priority of school climate, as specified. The bill would require the state and local indicators for this state priority to be the same as the above-referenced federal indicator, and would require the standards for these indicators standards for this local measure to be consistent with the state’s targets for the federal indicator. indicators and other specified federal indicators. The bill would exclude these indicators this local measure from the state board’s performance criteria until the beginning of the 2025–26 school year. The bill would require, when the performance criteria involves these indicators, that the special education local plan area be invited to any meetings relating to the provision of technical assistance, and that the technical assistance be provided together with any technical assistance provided in connection with the federal indicator. By imposing new requirements on local educational agencies, the bill would impose a state-mandated local program.
(2) Existing law requires the Superintendent to be responsible for assuring the provision of, and supervising, education and related services to individuals with exceptional needs as specifically required pursuant to the federal Individuals with Disabilities Education Act.
This bill would require, on or before October 1, 2024, the Superintendent, in consultation with the Commission on Teacher Credentialing, Superintendent to conduct a survey report on specified topics relating to the least restrictive environment, and to report the findings of the survey submit the report to the Legislature.
(3) 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 47607.3 of the Education Code is amended to read:
47607.3.

(a)Using an evaluation rubric adopted by the state board pursuant to Section 52064.5, and beginning with the 2020–21 school year, for any charter school for which one or more pupil subgroups identified pursuant to Section 52052 meet the criteria established pursuant to subdivision (g) of Section 52064.5 in two or more years, the county superintendent of schools in which the charter school is located shall provide technical assistance focused on building the charter school’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:

(1)Assisting the charter school to identify its strengths and weaknesses in regard to the state priorities applicable to the charter school pursuant to subdivision (c) of Section 47605. This shall include working collaboratively with the charter school to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.

(2)Working collaboratively with the charter school to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the charter school. The county superintendent of schools in which the charter school is located, in consultation with the charter school, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the charter school in need of technical assistance.

(3)Obtaining from the charter school timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or substantially similar activities, or has selected another service provider to work with the charter school to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the chartering authority to assess the charter school’s progress in improving pupil outcomes.

(b)For purposes of this section, the geographic lead agency, as identified pursuant to Section 52073, or its designee, as identified in subdivision (d) of Section 52071, shall serve in the role of the county superintendent of schools for a charter school authorized by the county board of education.

(c)If the charter school meets the criteria established for school districts under paragraph (1) of subdivision (b) of Section 52072, the county superintendent of schools in the county which the charter school is located may request assistance from the California Collaborative for Educational Excellence. The California Collaborative for Educational Excellence may, after consulting with the Superintendent, and with the approval of the state board, provide advice and assistance to the charter school pursuant to Section 52074.

(d)When the criteria met by the charter school, as described in subdivision (a), involves the state and local indicators for the state priority of least restrictive environment, as described in paragraph (9) of subdivision (d) of Section 52060, the county superintendent of schools in which the charter school is located shall comply with both of the following requirements:

(1)The county superintendent shall invite the special education local plan area of the charter school to any meetings regarding technical assistance provided pursuant to this section.

(2)The county superintendent shall provide technical assistance pursuant to this section together with any technical assistance provided to the charter school in connection with the federal indicator 5A established by the United States Secretary of Education for the state performance plan and annual performance report described in Section 56600.6.

(e)A chartering authority shall consider for revocation any charter school to which the California Collaborative for Educational Excellence has provided advice and assistance pursuant to subdivision (c) and about which it has made either of the following findings, which shall be submitted to the chartering authority:

(1)That the charter school has failed, or is unable, to implement the recommendations of the California Collaborative for Educational Excellence.

(2)That the inadequate performance of the charter school, based upon an evaluation rubric adopted pursuant to Section 52064.5, is either so persistent or so acute as to require revocation of the charter.

(f)The chartering authority shall consider increases in pupil academic achievement for all pupil subgroups served by the charter school in determining whether to revoke the charter.

(g)A chartering authority shall comply with the hearing process described in subdivisions (g) and (h) of Section 47607 in revoking a charter. A charter school may not appeal a revocation of a charter made pursuant to this section.

(h)If the governing body of a charter school requests technical assistance, the chartering authority shall provide technical assistance consistent with paragraph (1) or (2) of subdivision (a). If a charter school has not been identified for technical assistance pursuant to subdivision (a), the chartering authority may assess the charter school a fee not to exceed the cost of the service.

(i)A charter school shall accept the technical assistance provided pursuant to subdivision (a). For purposes of accepting technical assistance, a charter school may satisfy this requirement by providing the timely documentation to the county superintendent of schools of the county in which the charter school is located, and maintaining regular communication with the chartering authority.

(j)For a charter school that is eligible for alternate methods for calculating the state and local indicators pursuant to subdivision (d) of Section 52064.5, technical assistance provided pursuant to subdivision (a) shall take into account the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served.

(k)This section shall not preclude a charter school from soliciting technical assistance from other entities at its own expense.

(l)For a charter school operating before July 1, 2020, subdivision (a) as it read on January 1, 2019, shall apply until June 30, 2022.

(m)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.

SEC. 2.SECTION 1.

 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 the 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 the governing board of a school district shall include, for the school district and each school within the school district, all of the information specified in the template adopted by the state board pursuant to Section 52064.
(d) All of the following are state priorities for purposes of a school district’s local control and accountability plan:
(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 defined in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or former Section 60811.4, as that section read on June 30, 2016, for purposes of gaining academic content knowledge and English language proficiency.
(3) (A) Parental involvement and family engagement, 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.
(B) Family engagement may include, but need not be limited to, efforts by the school district and each individual schoolsite to apply research-based practices, such as welcoming all families into the school community, engaging in effective two-way communication, supporting pupil success, and empowering families to advocate for equity and access. Family engagement may include, but need not be limited to, treating families as partners to inform, influence, and create practices and programs that support pupil success and collaboration with families and the broader community, expand pupil learning opportunities and community services, and promote civic participation.
(4) Pupil achievement, 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 percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University.
(C) The percentage of pupils who have successfully completed courses that satisfy the requirements for career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of pupils who have successfully completed both types of courses described in subparagraphs (B) and (C).
(E) The percentage of English learner pupils who make progress toward English proficiency as measured by the English Language Proficiency Assessments for California or any subsequent assessment of English proficiency, as certified by the state board.
(F) The English learner reclassification rate.
(G) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.
(H) The percentage of pupils who demonstrate college preparedness pursuant to the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.
(5) Pupil engagement, as measured by all of the following, as applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates.
(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 both of the following:
(i) Surveys of pupils, parents, and teachers on the sense of safety and school connectedness.
(ii) Least restrictive environment, as measured by federal indicator 5A established by the United States Secretary of Education for the state performance plan and annual performance report described in Section 56600.6. This measure shall not do any of the following:
(I) Be included for a local educational agency that does not report federal indicator 5A on the state performance plan and annual performance report.
(II) Include pupils who are deaf, hard of hearing, blind, visually impaired, and deaf-blind.
(III) Be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, and deaf-blind, to a free appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), the development of an individualized education program or the individualized education program team’s determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361.
(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 programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.
(8) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable.

(9)Least restrictive environment, as measured by the percentage of pupils with individualized education programs who are 6 to 21 years of age, inclusive, and served inside a regular classroom 80 percent or more of the day.

(e) For purposes of the descriptions required by subdivision (b) of Section 52064, the 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 subdivision (b) 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 the California School Dashboard maintained by the department pursuant to Section 52064.5.
(g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan.
(h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals.

SEC. 3.SEC. 2.

 Section 52064.5 of the Education Code is amended to read:

52064.5.
 (a) On or before October 1, 2016, the state board shall adopt evaluation rubrics for all of the following purposes:
(1) To assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement.
(2) To assist a county superintendent of schools, the department, or a chartering authority in identifying school districts, county offices of education, and charter schools in need of technical assistance pursuant to Section 52071, 52071.5, or 47607.3, as applicable, and the specific priorities upon which the technical assistance should be focused.
(3) To assist the Superintendent in identifying school districts and county offices of education for which intervention pursuant to Section 52072 or 52072.5, as applicable, is warranted.
(b) The evaluation rubrics shall reflect a holistic, multidimensional assessment of school district and individual schoolsite performance and shall include all of the state priorities described in subdivision (d) of Section 52060.
(c) (1)As part of the evaluation rubrics, the state board shall adopt state and local indicators to measure school district and individual schoolsite performance in regard to each of the state priorities described in subdivision (d) of Section 52060. No later than January 31, 2021, local indicators shall reflect school-level data to the extent the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide.

(2)The state and local indicators for the state priority of least restrictive environment, as described in paragraph (9) of subdivision (d) of Section 52060, and paragraph (11) of subdivision (d) of Section 52066, shall be the same as the federal indicator 5A established by the United States Secretary of Education for the state performance plan and annual performance report described in Section 56600.6, which is the percentage of pupils with individualized education programs who are 6 to 21 years of age, inclusive, and served inside a regular classroom 80 percent or more of the day.

(d) The state board may adopt alternate methods for calculating the state and local indicators described in subdivision (c) for alternative schools, as described in subdivision (d) of Section 52052, if appropriate to more fairly evaluate the performance of these schools or of a specific category of these schools. Alternate methods may include an individual pupil growth model.
(e) (1) As part of the evaluation rubrics, the state board shall adopt standards for school district and individual schoolsite performance and expectations for improvement in regard to each of the state priorities described in subdivision (d) of Section 52060. The standards shall be based on the state and local indicators specified in subdivision (c).
(2) The standards for the state and local indicators with regard to the state priority local measure of least restrictive environment, as described in paragraph (9) (6) of subdivision (d) of Section 52060, and paragraph (11) of subdivision (d) of Section 52066, shall be consistent with the state’s targets in the state performance plan for the federal indicator 5A indicators 5A, 5B, and 5C, via guidelines established by the United States Secretary of Education.
(3) No later than January 31, 2020, the standards for local indicators shall, at a minimum, ensure that the governing board of a school district, the county board of education, and the governing body of a charter school review any data to be publicly reported for the local indicators in conjunction with the adoption of a local control and accountability plan pursuant to Section 52062, 52068, or 47606.5, as applicable. No later than January 31, 2021, the standards for local indicators for which the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide shall, to the extent practicable, be based on objective criteria, which may include, but are not necessarily limited to, the extent of any disparities across schoolsites within a school district or county office of education or performance relative to statewide data.
(f) The department, in collaboration with, and subject to the approval of, the executive director of the state board, shall develop and maintain the California School Dashboard, a Web-based system for publicly reporting performance data on the state and local indicators included in the evaluation rubrics.
(g) As part of the evaluation rubrics, the state board shall adopt performance criteria for local educational agency assistance and intervention pursuant to Sections 47607.3, 52071, 52071.5, 52072, and 52072.5. The criteria shall be based on performance by pupil subgroups either across two or more of the state and local indicators specified in subdivision (c) or across two or more of the state priorities described in subdivision (d) of Section 52060 and subdivision (d) of Section 52066, but shall exclude the state and local indicators with regard to the state priority local measure of least restrictive environment, as described in paragraph (9) (6) of subdivision (d) of Section 52060, and paragraph (11) of subdivision (d) of Section 52066, until the beginning of the 2025–26 school year.

SEC. 4.Section 52066 of the Education Code is amended to read:
52066.

(a)On or before July 1, 2014, each county superintendent of schools shall develop, and present to the county board of education for adoption, a local control and accountability plan using a template adopted by the state board.

(b)A local control and accountability plan adopted by a county board of education shall be effective for a period of three years, and shall be updated on or before July 1 of each year.

(c)A local control and accountability plan adopted by a county board of education shall include, for each school or program operated by the county superintendent of schools, all of the information specified in the template adopted by the state board pursuant to Section 52064.

(d)All of the following are state priorities for purposes of a county board of education’s local control and accountability plan:

(1)The degree to which the teachers in the schools or programs operated by the county superintendent of schools are appropriately assigned in accordance with Section 44258.9 and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the schools or programs operated by the county superintendent of schools has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair as specified in subdivision (d) of Section 17002.

(2)Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or former Section 60811.4, as that section read on June 30, 2016, for purposes of gaining academic content knowledge and English language proficiency.

(3)(A)Parental involvement and family engagement, 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.

(B)Family engagement may include, but need not be limited to, efforts by the school district and each individual schoolsite to apply research-based practices, such as welcoming all families into the school community, engaging in effective two-way communication, supporting pupil success, and empowering families to advocate for equity and access. Family engagement may include, but need not be limited to, treating families as partners to inform, influence, and create practices and programs that support pupil success and collaboration with families and the broader community, expand pupil learning opportunities and community services, and promote civic participation.

(4)Pupil achievement, 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 percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University.

(C)The percentage of pupils who have successfully completed courses that satisfy the requirements for career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692.

(D)The percentage of pupils who have successfully completed both types of courses described in subparagraphs (B) and (C).

(E)The percentage of English learner pupils who make progress toward English proficiency as measured by the English Language Proficiency Assessments for California or any subsequent assessment of English proficiency, as certified by the state board.

(F)The English learner reclassification rate.

(G)The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.

(H)The percentage of pupils who demonstrate college preparedness pursuant to the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness.

(5)Pupil engagement, as measured by all of the following, as applicable:

(A)School attendance rates.

(B)Chronic absenteeism rates.

(C)Middle school dropout rates.

(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)Least restrictive environment, as measured by the percentage of pupils with individualized education programs who are 6 to 21 years of age, inclusive, and served inside a regular classroom 80 percent or more of the day.

(e)For purposes of the descriptions required by subdivision (b) of Section 52064, a county board of education may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) 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 the California School Dashboard maintained by the department pursuant to Section 52064.5.

(g)The county superintendent of schools shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the county office of education, parents, and pupils in developing a local control and accountability plan.

(h)A county board of education may identify local priorities, goals in regard to the local priorities, and the method for measuring the county office of education’s progress toward achieving those goals.

(i)(1)Beginning with the 2018–19 fiscal year and in each fiscal year thereafter, a county superintendent of schools shall prepare a summary of how the county superintendent of schools plans to support school districts and schools within the county in implementing this article and present the summary to the county board of education at the same public meeting required under paragraph (2) of subdivision (b) of Section 52068. The summary shall include, but is not necessarily limited to, all of the following:

(A)A description of how the county superintendent of schools will support the continuous improvement of all school districts within the county, including steps that the county superintendent of schools plans to take to collaborate with the California Collaborative for Educational Excellence, the department, the lead agencies specified in Sections 52073 and 52073.1, and other county superintendents of schools to support school districts and schools within the county in implementing this article.

(B)A description of how the county superintendent of schools will assist each school district identified for technical assistance pursuant to subdivision (c) of Section 52071 in improving pupil outcomes, including, at a minimum, clearly identifying the activities being performed by the county office of education and the source of funding for those activities. This description shall include the actions the school district will take independent of the county superintendent of schools to improve pupil outcomes pursuant to paragraph (3) of subdivision (c) of Section 52071.

(C)One or more goals for each of the following:

(i)Completing the review of local control and accountability plans submitted by school districts pursuant to Section 52070.

(ii)Providing technical assistance to school districts pursuant to subdivisions (a) and (b) of Section 52071.

(iii)Providing any other support to school districts and schools within the county in implementing this article.

(D)One or more metrics to assess progress toward each goal identified in subparagraph (C).

(E)Specific actions and related expenditures to achieve each goal identified in subparagraph (C), to the extent this information is not provided pursuant to subparagraph (B). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the county superintendent of schools.

(2)Commencing with the 2019–20 fiscal year and in each fiscal year thereafter, the county superintendent of schools shall submit the summary described in this subdivision with its local control and accountability plan pursuant to subdivision (a) of Section 52070.5.

(3)This subdivision shall not apply to a county superintendent of schools with jurisdiction over a single school district.

(4)On or before November 1 of each year, the department shall compile the information provided by county superintendents of schools pursuant to subparagraphs (A) and (B) of paragraph (1) into a single document and shall make this report available to the public on the department’s internet website.

SEC. 5.Section 52071 of the Education Code is amended to read:
52071.

(a)If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with paragraphs (1) or (2) of subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to subdivisions (b) and (c) of Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service.

(b)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, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved.

(c)For any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the county superintendent of schools shall provide technical assistance focused on building the school district’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following:

(1)Assisting the school district to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.

(2)Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance.

(3)Obtaining from the school district timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or substantially similar activities, or has selected another service provider pursuant to subdivision (g) to work with the school district to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the school district to assess the school district’s progress in improving pupil outcomes.

(4)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074.

(d)Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision.

(e)When the criteria met by the school district, as described in subdivision (c), involves the state and local indicators for the state priority of least restrictive environment, as described in paragraph (9) of subdivision (d) of Section 52060, the county superintendent of schools shall comply with both of the following requirements:

(1)The county superintendent shall invite the special education local plan area of the school district to any meetings regarding technical assistance provided pursuant to this section.

(2)The county superintendent shall provide technical assistance pursuant to this section together with any technical assistance provided to the school district in connection with the federal indicator 5A established by the United States Secretary of Education for the state performance plan and annual performance report described in Section 56600.6.

(f)A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in paragraph (3) of subdivision (c).

(g)This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost.

SEC. 6.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 focused on revising the local control and accountability plan or annual update so that it can be approved.

(b)For any county office of education for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, the Superintendent shall provide technical assistance focused on building the county office of education’s capacity to develop and implement actions and services responsive to pupil and community needs, including, among other things, any of the following:

(1)Assisting the county office of education to identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52066. This shall include working collaboratively with the county office of education to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness.

(2)Working collaboratively with the county office of education to secure assistance from an academic expert or team of academic experts to identify and implement effective programs that are designed to improve performance in any areas of weakness identified by the county office of education. The Superintendent, in consultation with the county office of education, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the county office of education in need of technical assistance.

(3)Obtaining from the county office of education timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or has selected another service provider to work with the county office of education to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the county office of education to assess the county office of education’s progress in improving pupil outcomes.

(4)Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the county office of education pursuant to subdivision (g) of Section 52074.

(c)When the criteria met by the county office of education, as described in subdivision (b), involves the state and local indicators for the state priority of least restrictive environment, as described in paragraph (11) of subdivision (d) of Section 52066, the Superintendent shall comply with both of the following requirements:

(1)The Superintendent shall invite the special education local plan area of the county office of education to any meetings regarding technical assistance provided pursuant to this section.

(2)The Superintendent shall provide technical assistance pursuant to this section together with any technical assistance provided to the county office of education in connection with the federal indicator 5A established by the United States Secretary of Education for the state performance plan and annual performance report described in Section 56600.6.

(d)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. 7.SEC. 3.

 Section 56139 is added to the Education Code, to read:

56139.
 (a) On or before October 1, 2024, the Superintendent, in collaboration with the Commission on Teacher Credentialing, Superintendent shall do both of the following:
(1) Conduct a survey report on all of the following subjects:

(A)The number of general education teachers with training in Universal Design for Learning and dyslexia interventions.

(B)

(A) The minimum professional development needed for existing general education teachers to be prepared to teach pupils with learning disabilities.

(C)The school districts that are currently using a cost-effective coteaching model.

(D)

(B) The number of local educational agencies that would are expected to meet the criteria for differentiated assistance pursuant to Sections 52071 and 52071.5, as applicable, based on the state and local indicators that measure district and individual schoolsite performance for the state priority local measure of least restrictive environment, as described in paragraph (9) (6) of subdivision (d) of Section 52060, and paragraph (11) of subdivision (d) of Section 52066, once those indicators are this local measure is included in the performance criteria, as described in subdivision (g) of Section 52064.5.

(E)

(C) The estimated funds county offices of education and special education local plan areas would need to provide meaningful technical assistance and differentiated assistance to the local educational agencies described in subparagraph (D).
(2) Report the findings of the survey conducted Submit the report conducted pursuant to subdivision (a) paragraph (1) to the Legislature. The report shall be submitted in compliance with Section 9795 of the Government Code.
(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 8.SEC. 4.

 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.