Bill Text: CA SB81 | 2013-2014 | Regular Session | Amended
Bill Title: Education finance: education omnibus trailer bill.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Engrossed - Dead) 2013-06-13 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET. [SB81 Detail]
Download: California-2013-SB81-Amended.html
BILL NUMBER: SB 81 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 13, 2013
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2013
An act relating to the Budget Act of 2013.
An act to amend Sections 8150, 8151, 8152, 8153.5, 8154, 8155, 8239,
8263, 8 263.1, 8335.4, 8335.5, 8335.7, 8344, 8346, 8447,
17457.5, 17463.7, 17592.71, 41203.1, 41325, 41329.52, 41329.53,
41329.55, 41329.57, 41365, 41366.6, 41367, 47612, 47614.5, 49430.5,
52055.770, 56520, 56523, 56525, 56836.02, 56836.08, 56836.10,
56836.11, 56836.15, 56836.22, 56836.23, 60810, 79146, 79148, and
84043 of, to amend, add, and repeal Section 84321.6 of, to add
Sections 8150.5, 44374.5, 56521.1, 56521.2, 56836.145, 56836.31,
66025.92, 79149, 79149.1, 79149.2, 79149.3, 79149.4, 79149.5, and
79149.6 to, to add Article 11.5 (commencing with Section 8273) to
Chapter 2 of Part 6 of Division 1 of Title 1 of, to add Article 3
(commencing with Section 84830) to Chapter 5 of Part 50 of
Division 7 of Title 3 of, to repeal Sections 8156, 38092, 38102,
47614.7, 56836.12, 56836.13, 56836.14, 56836.24, 56836.25, and
56836.30 of, to repeal Article 7 (commencing with Section 84381) of
Chapter 3 of Part 50 of Division 7 of Title 3 of, and to repeal and
add Section 14041.6 of, the Education Code, to amend Sections
17581.5, 17581.6, 17581.7, 63049.67, and 63049.68 of the Government
Code, and to repeal Section 10 of Chapter 325 of the Statutes of
2012, relating to education finance, and making an appropriation
therefor, to take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 81, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2013. Education finance: education
omnibus trailer bill.
(1) Existing law establishes procedures and reimbursement
provisions for the attendance of apprentices at high schools, unified
school districts, regional occupational centers or programs,
community colleges, and adult schools under vocational education
programs standards that are established with the participation of the
State Department of Education, the Chancellor of the California
Community Colleges, and the Division of Apprenticeship Standards of
the Department of Industrial Relations.
This bill would revise the role of the State Department of
Education in these programs, and would, among other things, establish
standards for the provision of state funding and reimbursements for
these programs at high schools, unified school districts, regional
occupational centers or programs, and adult schools separate from
these programs at community colleges. The bill would require, by
March 15, 2014, the Chancellor of the California Community Colleges
and the Division of Apprenticeship Standards of the Department of
Industrial Relations, with equal participation by specified entities,
to develop common administrative practices and treatment of costs
and services, as well as other policies related to apprenticeship
programs.
(2) Existing law, the Child Care and Development Services Act,
administered by the State Department of Education, requires the
Superintendent of Public Instruction to administer child care and
development programs that offer a full range of services for eligible
children from infancy to 13 years of age. Existing law requires the
Superintendent to establish a fee schedule for families using child
care and development services pursuant to the act, and limits a
contractor's ability to charge additional fees. Existing law exempts
families that meet certain criteria from family fees for a cumulative
period of up to 12 months.
This bill would instead require the Superintendent to establish a
revised fee schedule for families using preschool and child care and
development services. The bill would require the Superintendent to
first submit the adjusted family fee schedule to the Department of
Finance for approval. The bill would require that families be
assessed a flat monthly fee, based on income, as specified, certified
family need for full-time or part-time care services, and
enrollment, and not based on attendance, as specified. The bill would
require that the family fee schedule differentiate between fees for
part-time care and full-time care and that the family fee be assessed
at initial enrollment and reassessed as specified. The bill would
also state the Legislature's intent that new family fees be cost
neutral to the state and generate roughly the same amount of revenue
as was generated under the previous family fee schedule. The bill
would specify that the family fee schedule that was in effect for the
2012-13 fiscal year shall remain in effect for the 2013-14 fiscal
year until as specified. The bill would make organizational,
conforming, and nonsubstantive changes.
(3) Existing law requires the Superintendent of Public Instruction
to encourage state preschool program applicants or contracting
agencies to offer full-day services through a combination of part-day
preschool slots and wraparound general child care and development
programs, as defined. Existing law also requires fees to be assessed
and collected for families with children in part-day preschool
programs, or families receiving wraparound child care services, or
both, as provided.
This bill would require the Superintendent to annually report to
the Department of Finance, on or before October 1 of each year, the
fees collected from families who have children enrolled in the
California state preschool program, as specified.
(4) Existing law provides for income eligibility standards for
families to receive child care and development services. Existing law
provides that "income eligible," for the purposes of the Child Care
and Development Services Act, means that a family's adjusted monthly
income is at or below 70% of the state median income, adjusted for
family size, and adjusted annually. Notwithstanding this provision,
existing law requires, for the 2012-13 fiscal year, the income
eligibility limits to be 70% of the state median income that was in
use for the 2007-08 fiscal year, adjusted for family size.
This bill would require, notwithstanding these provisions, for the
2013-14 fiscal year, the income eligibility limits to be 70% of the
state median income that was in use for the 2007-08 fiscal year,
adjusted for family size.
(5) Existing law authorizes the City and County of San Francisco,
until July 1, 2014, and as a pilot project, to develop and implement
an individualized county child care subsidy plan, requires the city
and county, on or before June 30, 2014, to submit a final report to
the Legislature and other specified entities that summarizes the
impact of the plan, requires the city and county to phase out the
plan and implement the state's requirements for child care subsidies
as of July 1, 2016, and repeals these provisions on January 1, 2017.
This bill would instead authorize the City and County of San
Francisco to implement the individualized county child care subsidy
plan until July 1, 2015, require the city and county to phase out the
plan and implement the state's requirements for child care subsidies
as of July 1, 2017, require the city and county to submit the final
report on or before June 30, 2015, and repeal these provisions on
January 1, 2018.
(6) Existing law, until January 1, 2014, authorizes the County of
San Mateo to implement an individualized county child care subsidy
plan, and requires the county to phase out the plan between January
1, 2014, and January 1, 2016. Existing law provides for the repeal of
these provisions on January 1, 2016.
This bill would instead authorize the County of San Mateo to
implement the individualized county child care subsidy plan until
January 1, 2015, require the county to phase out the plan between
January 1, 2015, and January 1, 2017, and repeal these provisions on
January 1, 2017.
(7) Existing law requires the Controller to draw warrants on the
State Treasury in each month of the year for the purpose of funding
school districts, county superintendents of schools, and community
college districts. Existing law defers the drawing of specified
warrants until later dates.
This bill would revise and recast a provision authorizing the
deferral of several specified warrants.
(8) Existing law, which becomes inoperative on June 30, 2013, and
is repealed on January 1, 2014, requires the governing board of a
school district seeking to sell or lease real property designed to
provide direct instruction or instructional support that the
governing board deems to be surplus property to first provide a
written offer to sell or lease that property to any charter school
that has submitted a written request to the school district to be
notified of surplus real property offered by the school district for
sale or lease, as specified.
This bill would delete the repeal provision, thereby extending the
operation of this provision indefinitely. The bill would revise the
procedures and requirements for the sale of surplus property to
charter schools, and would limit the provisions to charter schools
that, at the time of the offer, have projections of at least 80 units
of in-district average daily attendance for the following fiscal
year.
(9) Existing law, until January 1, 2014, authorizes a school
district to deposit the proceeds from the sale of surplus real
property, together with any personal property located on that
property, purchased entirely with local funds, into the general fund
of the school district and to use those proceeds for any one-time
general fund purpose. Existing law requires the Office of Public
School Construction to submit a final report, by January 1, 2014, to
the State Allocation Board and certain committees of the Legislature
relating to school districts that have exercised authority pursuant
to those provisions.
This bill would extend the operation of those provisions to
January 1, 2016, and would revise the date on which the final report
is required to be submitted from January 1, 2014, to January 1, 2015.
(10) Existing law establishes the School Facilities Emergency
Repair Account in the State Treasury, and requires the State
Allocation Board to administer the account. Existing law establishes
the Proposition 98 Reversion Account in the General Fund, and
requires that the Legislature, from time to time, transfer into this
account moneys previously appropriated in satisfaction of the
constitutional minimum funding requirements that have not been
disbursed or otherwise encumbered for the purposes for which they
were appropriated. Existing law generally requires an amount,
equaling 50% of the unappropriated balance of the Proposition 98
Reversion Account or $100,000,000, whichever is greater, to be
transferred in the annual Budget Act from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account.
However, the amount to be transferred under this provision was set at
$0 for the 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years.
This bill would also set the amount to be transferred for the
2013-14 fiscal year to $0.
(11) Existing law authorizes the governing board of any school
district with an average daily attendance of over 100,000 to allow as
an expenditure from the cafeteria fund or account a share of money
that is generated from the joint sale of items between the cafeteria
and the associated student body student store, and also authorizes
the governing board of a school district operating school cafeterias
to establish and maintain a cafeteria equipment reserve, as
specified.
This bill would repeal those provisions.
(12) Existing law requires, for the 1990-91 fiscal year and each
fiscal year thereafter, that moneys to be applied by the state for
the support of school districts, community college districts, and
direct elementary and secondary level instructional services provided
by the state be distributed in accordance with certain calculations
governing the proration of those moneys among the 3 segments of
public education. Existing law makes that provision inapplicable to
the 1992-93 to 2012-13 fiscal years, inclusive.
This bill would also make that provision inapplicable to the
2013-14 fiscal year.
(13) Existing law provides that when a school district becomes
insolvent and requires an emergency apportionment from the state,
that the Superintendent of Public Instruction, operating through an
appointed administrator, take specified actions, including, among
others, implementing substantial changes in the school district's
fiscal policies and practices, and sets forth the administrator's
powers and responsibilities in that regard.
This bill would authorize the Superintendent to also appoint a
trustee with the powers and responsibilities of an administrator.
(14) Existing law authorizes a school district to receive an
advance of apportionments owed to the school district by the State
School Fund in accordance with specified procedures and requirements.
This bill would specify that a school district to is authorized to
receive an advance of apportionments owed to the school district
from the State School Fund and the Education Protection Account. The
bill would also make conforming changes to related sections in the
Government Code.
(15) Existing law establishes the Charter School Revolving Loan
Fund in the State Treasury, and authorizes loans to be made from the
fund to qualifying charter schools. Existing law establishes the
Charter School Security Fund, and authorizes deposits to be made from
that fund into the Charter School Revolving Loan Fund in case of a
default on a loan made from the latter fund. Under existing law,
these funds are administered by the State Department of Education.
This bill would require the California School Finance Authority to
administer the Charter School Revolving Loan Fund and the Charter
School Security Fund commencing with the 2013-14 fiscal year.
(16) Existing law establishes the Commission on Teacher
Credentialing for, among other purposes, the establishment of
professional standards, assessments, and examinations for entry and
advancement in the teaching profession.
This bill would authorize the commission to charge fees to recover
the costs of reviewing new educator preparation programs and
specified accreditation activities, as provided.
(17) The Charter Schools Act of 1992 provides procedures for the
calculation of average daily attendance for the purpose of funding
charter schools.
This bill would revise certain of these procedures, and
specifically prohibit a charter school pupil from generating more
than one day of attendance in a calendar day.
(18) Existing law establishes the Charter School Facility Grant
Program to provide assistance with facilities rent and lease costs
for pupils in charter schools, and requires the State Department of
Education to allocate annually facilities grants to eligible charter
schools.
This bill would revise and recast the statutes controlling the
Charter School Facility Grant Program, and, commencing with the
2013-14 fiscal year, place it under the administration of the
California School Finance Authority rather than the department.
(19) Existing law sets the reimbursement a school receives for
free and reduced-price meals sold or served to pupils in elementary,
middle, or high schools to be $0.21, as adjusted annually for
increases in cost of living, as specified.
This bill would set the reimbursement amount to $0.2229 per meal,
and, for meals served in child care centers and homes, to $0.1660 per
meal.
(20) The existing Quality Education Investment Act of 2006
effectuates the intent of the Legislature to implement the terms of
the proposed settlement agreement of a specified legal action, to
provide for the discharge of the minimum state educational funding
requirement, to improve the quality of academic instruction and the
level of pupil achievement in schools whose pupils have high levels
of poverty and complex educational needs, to develop exemplary school
district and school practices that will create working conditions
and classroom learning environments that will attract and retain well
qualified teachers, administrators, and other staff, and to focus
school resources solely on instructional improvement and pupil
services. The act appropriates specified funds for these purposes.
This bill would adjust certain calculations and appropriations
made pursuant to these provisions.
(21) Existing law makes legislative findings and declarations that
the state has continually sought to provide an appropriate and
meaningful educational program in a safe and healthy environment for
all children regardless of possible physical, mental, or emotionally
disabling conditions and that teachers of children with special needs
require training and guidance that provides positive ways for
working successfully with children who have difficulties conforming
to acceptable behavior patterns. Existing law provides for the
implementation of a program governing the use of behavior
interventions for individuals with exceptional needs.
This bill would delete the legislative finding and declaration
relating to teachers of children with special needs, and add certain
findings and declarations relating to behavioral interventions.
The bill would require that emergency behavioral interventions be
used only to control unpredictable, spontaneous behavior that poses
clear and present danger of serious physical harm to the individual
with exceptional needs or others, and that cannot be prevented by a
response less restrictive than the temporary application of a
technique used to contain the behavior. The bill would require that
emergency interventions be documented in reports, as provided, and
would require specified teams to review these reports. The bill would
prohibit certain types of interventions by an agency serving
individuals with exceptional needs, including electric shock, the
release of toxic or noxious sprays or mists, or locked seclusion,
except when seclusion is used as specified.
The bill would require the Superintendent of Public Instruction to
repeal regulations regarding the use of behavioral interventions
that are no longer supported by statute, as specified.
(22) Existing law provides for the calculation of apportionments
to fund the provision of special education instruction and services
for pupils who qualify for these programs.
This bill would make numerous adjustments in the calculations of
apportionments related to the funding for special education.
(23) Existing law requires the Superintendent of Public
Instruction to review existing tests that assess the English language
development of pupils whose primary language is a language other
than English. Existing law requires pupils in kindergarten and grade
1 to be assessed in English listening and speaking, and, once an
assessment is developed, early literacy skills. Existing law requires
an early literacy assessment to be administered for a period of 3
years or until July 1, 2012, whichever occurs first, and requires the
State Department of Education to report to the Legislature, no later
than January 1, 2013, on early literacy assessment results.
The bill would instead require the early literacy assessment to be
administered for 4 years or until July 1, 2014, and would require
the department to submit the report on early literacy assessments
results for the first 3 administered assessments no later than June
30, 2013.
(24) Existing law requires the California State University and
each community college district, and requests the University of
California, with respect to each campus in their respective
jurisdictions that administers a priority enrollment system, to grant
priority registration for enrollment to a foster youth or former
foster youth, as defined.
This bill would require each community college district that
administers a priority enrollment system to grant priority
registration for enrollment to any student who is a recipient of aid
under the California Work Opportunity and Responsibility to Kids
program. By requiring additional students to receive priority
registration at community college districts, the bill would impose a
state-mandated local program.
(25) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law, for the 2009-10 to 2014-15
fiscal years, inclusive, authorizes a community college district to
use funds apportioned to the community college district for certain
programs, including, among other programs, apprenticeship and
matriculation programs, for purposes of a prescribed list of programs
contained in the Budget Act of 2009.
This bill would remove the authorization for a community college
district to use funds appropriated for apprenticeship and
matriculation for purposes of the prescribed list of programs
contained in the Budget Act of 2009.
(26) Existing law creates in the State Treasury the Community
College Fund for Instructional Improvement, which consists of a
revolving loan program and a direct grant program to support
alternative educational programs and services for California
Community Colleges, as specified.
This bill would repeal those provisions.
(27) Existing law specifies noncredit courses and classes in the
various campuses of the California Community Colleges that are
eligible for state funding.
This bill would require the Chancellor of the California Community
Colleges and the State Department of Education, pursuant to funding
made available in the annual Budget Act, to jointly provide 2-year
planning and implementation grants to regional consortia of community
college districts and school districts for the purpose of developing
regional plans for adult education, as specified. The bill would
require the chancellor and the department to submit a joint report
relating to the program to the Legislature and the Governor on or
before March 1, 2014.
(28) Under the California Constitution, whenever the Legislature
or a state agency mandates a new program or higher level of service
on any local government, including a school district and a community
college district, the state is required to provide a subvention of
funds to reimburse the local government, with specified exceptions.
Existing law provides that, under certain conditions, a school
district or community college district is not required to implement
or give effect to certain statutes, or portions of statutes,
determined to mandate a new program or higher level of service.
This bill would expand the list of programs that a school district
or community college district would not have to implement under
those conditions.
(29) Existing law, commencing with the 2012-13 fiscal year,
requires certain funds appropriated in the annual Budget Act for
reimbursement of the cost of a new program or increased level of
service of an existing program mandated by statute or executive order
to be available as a block grant to school districts, charter
schools, county offices of education, and community college
districts, to support specified state-mandated local programs.
Existing law provides that a school district, charter school, county
office of education, or community college district that submits a
letter of intent to the Superintendent of Public Instruction or the
Chancellor of the California Community Colleges, as appropriate, and
receives this block grant funding is not eligible to submit a claim
for reimbursement for those specified mandated programs for the
fiscal year for which the block grant funding is received.
This bill would prescribe procedures and requirements for school
districts, county offices of education, charter schools, and
community college districts that elect to receive block grant funding
for designated mandated programs. The bill would revise the list of
specified state-mandated local programs that are subject to these
provisions that authorize block grant funding in lieu of
program-specific reimbursement.
(30) Existing law appropriates a sum of up to $29,000,000 from the
General Fund to the Superintendent of Public Instruction for
apportionment to the Inglewood Unified School District for the
purpose of an emergency loan. Existing law requires the Inglewood
Unified School District to enter into bank financing with the
California Infrastructure and Economic Development Bank upon terms
the bank, in its discretion, deems necessary or appropriate for
purposes of financing or refinancing the emergency apportionment.
Existing law authorizes the school district to
augment the emergency loan with an additional
$26,000,000 of bank financing, arranged as specified.
This bill would repeal the provisions requiring the Inglewood
Unified School District to enter into bank financing or refinancing
of the emergency apportionment and authorizing the school district to
augment the emergency loan. The bill would instead authorize the
Inglewood Unified School District, through the State Department of
Education, to request cashflow loans from the General Fund for a
total of $55,000,000. The bill would require the Controller, upon
order of the Director of Finance, to draw warrants against General
Fund cash to the Inglewood Unified School District once a loan is
approved by the Director of Finance, thereby making an appropriation.
The bill would specify conditions to be followed by the school
district in receiving the funds and repaying the loan. The bill would
make legislative findings and declarations as to the necessity of a
special statute for the Inglewood Unified School District.
(31) This bill would provide that, of the amount allocated in a
specified schedule of the Budget Act of 2011, $8,954,000 would be
provided to fully fund maintenance of effort in the special education
program in designated fiscal years.
(32) This bill would appropriate $1,250,000,000 from the General
Fund to the Superintendent of Public Instruction for transfer to
Section A of the State School Fund to support the integration of
academic content standards in instruction, as specified. The bill
would require the Superintendent to apportion these funds to school
districts, county offices of education, charter schools, and the
state special schools using an equal rate per pupil based on prior
year enrollment. The bill would require the school districts, county
offices of education, charter schools, or state special schools
receiving these funds to use them for certain purposes, including
professional development of teachers, administrators, and
paraprofessional educators or other classified employees involved in
the direct instruction of pupils, as specified. The bill would
require, as a condition of receiving funds apportioned pursuant to
the bill, a school district, county office of education, charter
school, or state special school to adopt a plan delineating how the
funds shall be spent and to report detailed expenditure information
to the State Department of Education on or before July 1, 2015, as
specified. The bill would require the department to provide a summary
of the expenditure information provided to it to the appropriate
budget subcommittees and policy committees of the Legislature and to
the Department of Finance on or before January 1, 2016.
(33) This bill would appropriate $250,000,000 from the General
Fund to the Superintendent of Public Instruction for transfer to
Section A of the State School Fund for establishment of the
California Career Pathways Trust. The bill would require these funds
to be apportioned, as specified, to school districts, county
superintendents of schools, charter schools, and community college
districts as competitive grants to be available for expenditure in
the 2013-14 to 2015-16 fiscal years, inclusive. The bill would
require the Superintendent to consult with the Chancellor of the
California Community Colleges and organizations representing
businesses in considering grant applications pursuant to those
provisions. The bill would require recipients of grants and the
Superintendent to report specified outcome measures to the Department
of Finance and to the relevant policy and fiscal committees of the
Legislature no later than December 1, 2016.
(34) This bill would require amounts to be determined by the
Director of Finance to be appropriated from the General Fund to the
Board of Governors of the California Community Colleges, on or before
June 30, 2013, and on or before June 30, 2014, in the event that
specified revenues distributed to community colleges are less than
estimated amounts reflected in the Budget Acts of 2012 and 2013,
respectively.
(35) This bill would require that an amount to be determined by
the Director of Finance would be appropriated, on or before June 30,
2014, from the General Fund to the Superintendent of Public
Instruction for specified special education programs.
(36) This bill would require that the funds appropriated pursuant
to designated items of the Budget Act of 2013 be encumbered by July
31, 2014, thus extending the encumbrance authority connected with
those items by one month. The bill would state that this extension is
provided due to the effect of the deferral of the June 2014
principal apportionment on those budget items.
(37) This bill would make conforming changes, correct
cross-references, and make other nonsubstantive changes.
(38) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(39) Funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
(40) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2013.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8150 of the
Education Code is amended to read:
8150. Attendance of apprentices enrolled in any class maintained
by a high school, unified school district, regional occupation center
or program, community college, or adult school, pursuant to Section
3074 of the Labor Code, shall be reimbursed pursuant to Section 8152
only if reported separately to the Superintendent of Public
Instruction or Chancellor of the California Community Colleges, as
appropriate. Attendance reported pursuant to this section shall be
used only for purposes of calculating allowances pursuant to Section
8152.
8150. (a) The Chancellor of the California
Community Colleges shall be responsible for allocating funds for
apprenticeship programs in good standing and approved pursuant to
Chapter 4 (commencing with Section 3070) of Division 3 of the Labor
Code for the secondary education system.
(b) Upon an appropriation by the Legislature, the Chancellor of
the California Community Colleges shall allocate funds solely for the
purposes of this article consistent with the subdivision (e) of
Section 8152.
(c) For purposes of this article, a "local educational agency" is
defined as a school district or a county office of education
SEC. 2. Section 8150.5 is added to the
Education Code , to read:
8150.5. Attendance of apprentices enrolled in any class
maintained by a high school, unified school district, regional
occupation center or program, or adult school, pursuant to Section
3074 of the Labor Code, shall be reimbursed pursuant to Section 8152
only if reported separately to the Chancellor of the California
Community Colleges. Attendance reported pursuant to this section
shall be used only for purposes of calculating allowances pursuant to
Section 8152.
SEC. 3. Section 8151 of the Education
Code is amended to read:
8151. An apprentice attending a high school, unified school
district, regional occupational center or program, community
college, or adult school in classes of related and
supplemental instruction as provided under Section 3074 of the Labor
Code and in accordance with the requirements of subdivision (d) of
Section 3078 of the Labor Code shall be exempt from the requirements
of any interdistrict attendance agreement for such
those classes.
SEC. 4. Section 8152 of the Education
Code is amended to read:
8152. (a) The reimbursement rate shall be established in the
annual Budget Act and the rate shall be commonly applied to all
providers of instruction specified in subdivision (d).
(b) For the purposes of this section, each hour
of teaching time may include up to 10 minutes of passing time and
breaks.
(c) This section also applies to isolated apprentices, as defined
in Section 3074 of the Labor Code, for which alternative methods of
instruction are provided.
(d) The Superintendent of Public Instruction or the
Chancellor of the California Community Colleges,
whichever is appropriate, Colleges shall make
the reimbursements specified in this section for teaching time
provided by high schools, unified school districts, regional
occupational centers or programs, community colleges,
or adult schools.
(e) The hours for related and supplemental instruction derived
from funds appropriated pursuant to subdivision (b) of Section 8150
shall be allocated by the Chancellor of California Community Colleges
directly to participating local educational agencies that contract
with apprenticeship programs pursuant to subdivision (f).
(e)
(f) Reimbursements may be made under this section for
related and supplemental instruction provided to indentured
apprentices only if the instruction is provided by a program approved
by the Division of Apprenticeship Standards in the Department of
Industrial Relations in accordance with Chapter 4 (commencing with
Section 3070) of Division 3 of the Labor Code.
(g) The initial allocation of hours made pursuant to subdivision
(e) for related and supplemental instruction at the beginning of any
fiscal year when multiplied by the hourly reimbursement rate shall
equal 100 percent of the total appropriation for apprenticeships.
(h) If funds remain from the appropriation pursuant to subdivision
(b) of Section 8150, the Chancellor of the California Community
Colleges shall reimburse local educational agencies for unfunded
related and supplemental instruction hours from any of the three
previous fiscal years, in the following order:
(1) Reported related and supplemental instruction hours as
described in subdivision (b) of Section 8154 that were paid at a rate
less than the hourly rate specified in the Budget Act.
(2) Reported related and supplemental instruction hours that were
not reimbursed.
SEC. 5. Section 8153.5 of the Education
Code is amended to read:
8153.5. For purposes of the California Firefighter Joint
Apprenticeship Program, classes of related and supplemental
instruction which that qualify for
funding pursuant to Sections 8152 and 8153,
Section 8152 include, but are not limited to, classes
which that meet both of the following
requirements:
(a) The classes are conducted at the workplace.
(b) The person providing instruction is qualified, by means of
education or experience, as a journeyman and shares the
responsibility for supervision of the apprentices participating in
the classes with the certified community college or adult education
coordinator.
SEC. 6. Section 8154 of the Education
Code is amended to read:
8154. (a) The Superintendent of
Public Instruction and the Chancellor of the California
Community Colleges, in consultation with the Division of
Apprenticeship Standards of the Department of Industrial
Relations and the Superintendent , shall annually review the
amount of state funding necessary to provide the reimbursements
specified in Sections 8152 and 8153, Section
8152, and shall include an estimate of required funds in
their budgets its budget for each
fiscal year.
If
(b) If the amounts appropriated
in any fiscal year are insufficient to provide full reimbursement,
the hourly rate specified in Section 8153
8152 shall be reduced on a pro rata basis only for
reported hours that are in excess of the number of hours allocated at
the beginning of the fiscal year so that the entire
appropriation is allocated. The Superintendent of Public
Instruction and the Chancellor of the California Community Colleges
may mutually agree to the transfer of moneys from one section of the
State School Fund to the other in an amount necessary to provide for
full reimbursement, or equal funding on a pro rata basis, of the rate
specified in Section 8153 for school and community college
districts. The amount upon which the superintendent and chancellor
agree is reappropriated from the appropriate section of the State
School Fund to the other section of the State School Fund for the
purpose specified in the agreement.
If
(c) If the amount appropriated is
in excess of the amounts needed for full reimbursement pursuant
to subdivision (h) of Section 8152 , any excess shall be
allocated to school and community college districts to be used for
the purpose of the state general apportionment from Sections
A and B of the State School Fund .
SEC. 7. Section 8155 of the Education
Code is amended to read:
8155. (a) The State Department of Education, the
Chancellor of the California Community Colleges,
Colleges and the Division of Apprenticeship
Standards of the Department of Industrial Relations, in
consultation with the Superintendent, shall jointly develop a
model format for agreements between Joint Apprenticeship
Training Councils apprenticeship programs and
local education educational agencies
for instruction pursuant to Section 3074 of the Labor Code.
(b) The State Department of Education, the Chancellor of the
California Community Colleges, and the Division of Apprenticeship
Standards shall jointly develop a model format for agreements between
Joint Apprenticeship Training Councils and local education agencies
concerning the calculation and payment of excess costs pursuant to
Section 3074 of the Labor Code.
(b) By March 15, 2014, the Chancellor
of the California Community Colleges and the Division of
Apprenticeship Standards of the Department of Industrial Relations,
with equal participation by local educational agencies and community
college apprenticeship administrators, shall develop common
administrative practices and treatment of costs and services, as well
as other policies related to apprenticeship programs. Any policies
developed pursuant to the this subdivision shall become
operative upon approval by the California Apprenticeship Council.
(c) Apprenticeship programs offered through local educational
agencies may maintain their existing curriculum and instructors
separate from the requirements of the California Community Colleges.
The person providing instruction may be a qualified journeyperson
with experience and knowledge of the trade.
SEC. 8. Section 8156 of the Education
Code is repealed.
8156. (a) For any apprenticeship program established pursuant to
Section 3074 of the Labor Code for which there is a reimbursement
entitlement under Section 8152 and that is transferred from a county
office of education or a school district maintaining classes in
kindergarten and any of grades 1 to 12, inclusive, to a community
college district, the Controller, upon certification by the
Superintendent of Public Instruction, shall transfer, prior to the
first or second principal apportionment, as appropriate, from Section
A of the State School Fund to Section B of the State School Fund an
amount equal to the numbers of hours for which the apprenticeship
program received funding in the previous fiscal year multiplied by
the appropriate reimbursement rate set forth in Section 8152.
(b) For any apprenticeship program for which there is a
reimbursement entitlement under Section 8152 and that is transferred
from a community college district to a school district maintaining
classes in kindergarten and any of grades 1 to 12, inclusive, the
Controller, upon certification by the Chancellor of the California
Community Colleges, shall transfer, prior to certification of the
first or second principal apportionments, as appropriate, from
Section B of the State School Fund to Section A of the State School
Fund an amount equal to the number of hours for which the
apprenticeship program received funding in the previous fiscal year
multiplied by the appropriate reimbursement rate set forth in Section
8152.
(c) In the event that a deficit occurs in either Section A or
Section B of the State School Fund for apprenticeship programs
established pursuant to Section 3074 of the Labor Code for which
there is a reimbursement entitlement under Section 8152, the Director
of the Department of Finance may transfer any unspent funds from one
section of the State School Fund to fund a deficit in another
section of the State School Fund.
(d) Any transfer authorized by this section shall be subject to
the approval of the Director of the Department of Finance, provided
that the transfer may not be authorized sooner than 30 days after
written notification of the necessity therefor is provided to the
chairpersons of the appropriate budget committees of the Legislature
and to the Chairperson of the Joint Legislative Budget Committee, or
sooner than any lesser period of time designated in each instance by
the Director of the Department of Finance, or his or her designee.
SEC. 9. Section 8239 of the Education
Code is amended to read:
8239. The Superintendent shall encourage state preschool program
applicants or contracting agencies to offer full-day services through
a combination of part-day preschool slots and wraparound general
child care and development programs. In order to facilitate a
full-day of services, all of the following shall apply:
(a) Part-day preschool programs provided pursuant to this section
shall operate between 175 and 180 days.
(b) Wraparound general child care and development programs
provided pursuant to this section may operate a minimum of 246 days
per year unless the child development contract specified a lower
minimum days of operation. Part-day general child care and
development programs may operate a full-day for the remainder of the
year after the completion of the preschool program.
(c) Part-day preschool services combined with wraparound child
care services shall be reimbursed at no more than the full-day
standard reimbursement rate for general child care programs with
adjustment factors, pursuant to Section 8265 and as determined in the
annual Budget Act.
(d) Three- and four-year-old children are eligible for wraparound
child care services to supplement the part-day California state
preschool program if the family meets at least one of the criteria
specified in paragraph (1) of subdivision (a) of Section 8263, and
the parents meet at least one of the criteria specified in paragraph
(2) of subdivision (a) of Section 8263.
(e) Fees shall be assessed and collected for families with
children in part-day preschool programs, or families receiving
wraparound child care services, or both, pursuant to
subdivisions (g) and (h) of Section 8263. Article 11.5
(commencing with Section 8273).
(f) The Superintendent shall annually report to the Department of
Finance, on or before October 1 of each year, the fees collected from
families who have children enrolled in the California state
preschool program. The report shall distinguish between family fees
collected for part-day preschool programs and fees collected for
wraparound child care services.
(f)
(g) For purposes of this section, "wraparound child
care services" and "wraparound general child care and development
programs" mean services provided for the remaining portion of the day
or remainder of the year following the completion of part-day
preschool services that are necessary to meet the child care needs of
parents eligible pursuant to subdivision (a) of Section 8263. These
services shall be provided consistent with the general child care and
development programs provided pursuant to Article 8 (commencing with
Section 8240).
SEC. 10. Section 8263 of the Education
Code is amended to read:
8263. (a) The Superintendent shall adopt rules and regulations on
eligibility, enrollment, and priority of services needed to
implement this chapter. In order to be eligible for federal and state
subsidized child development services, families shall meet at least
one requirement in each of the following areas:
(1) A family is (A) a current aid recipient, (B) income eligible,
(C) homeless, or (D) one whose children are recipients of protective
services, or whose children have been identified as being abused,
neglected, or exploited, or at risk of being abused, neglected, or
exploited.
(2) A family needs the child care services (A) because the child
is identified by a legal, medical, or social services agency, or
emergency shelter as (i) a recipient of protective services or (ii)
being neglected, abused, or exploited, or at risk of neglect, abuse,
or exploitation, or (B) because the parents are (i) engaged in
vocational training leading directly to a recognized trade,
paraprofession, or profession, (ii) employed or seeking employment,
(iii) seeking permanent housing for family stability, or (iv)
incapacitated.
(b) Except as provided in Article 15.5 (commencing with Section
8350), priority for federal and state subsidized child development
services is as follows:
(1) (A) First priority shall be given to neglected or abused
children who are recipients of child protective services, or children
who are at risk of being neglected or abused, upon written referral
from a legal, medical, or social services agency. If an agency is
unable to enroll a child in the first priority category, the agency
shall refer the family to local resource and referral services to
locate services for the child.
(B) A family who is receiving child care on the basis of being a
child at risk of abuse, neglect, or exploitation, as defined in
subdivision (k) of Section 8208, is eligible to receive services
pursuant to subparagraph (A) for up to three months, unless the
family becomes eligible pursuant to subparagraph (C).
(C) A family may receive child care services for up to 12 months
on the basis of a certification by the county child welfare agency
that child care services continue to be necessary or, if the child is
receiving child protective services during that period of time, and
the family requires child care and remains otherwise eligible. This
time limit does not apply if the family's child care referral is
recertified by the county child welfare agency.
(2) Second priority shall be given equally to eligible families,
regardless of the number of parents in the home, who are income
eligible. Within this priority, families with the lowest gross
monthly income in relation to family size, as determined by a
schedule adopted by the Superintendent, shall be admitted first. If
two or more families are in the same priority in relation to income,
the family that has a child with exceptional needs shall be admitted
first. If there is no family of the same priority with a child with
exceptional needs, the same priority family that has been on the
waiting list for the longest time shall be admitted first. For
purposes of determining order of admission, the grants of public
assistance recipients shall be counted as income.
(3) The Superintendent shall set criteria for , and may
grant specific waivers of , the priorities established in
this subdivision for agencies that wish to serve specific
populations, including children with exceptional needs or children of
prisoners. These new waivers shall not include proposals to avoid
appropriate fee schedules or admit ineligible families, but may
include proposals to accept members of special populations in other
than strict income order, as long as appropriate fees are paid.
(c) Notwithstanding any other law, in order to promote continuity
of services, a family enrolled in a state or federally funded child
care and development program whose services would otherwise be
terminated because the family no longer meets the program income,
eligibility, or need criteria may continue to receive child
development services in another state or federally funded child care
and development program if the contractor is able to transfer the
family's enrollment to another program for which the family is
eligible before the date of termination of services or to exchange
the family's existing enrollment with the enrollment of a family in
another program, provided that both families satisfy the eligibility
requirements for the program in which they are being enrolled. The
transfer of enrollment may be to another program within the same
administrative agency or to another agency that administers state or
federally funded child care and development programs.
(d) In order to promote continuity of services, the Superintendent
may extend the 60-working-day period specified in subdivision (a) of
Section 18086.5 of Title 5 of the California Code of Regulations for
an additional 60 working days if he or she determines that
opportunities for employment have diminished to the degree that one
or both parents cannot reasonably be expected to find employment
within 60 working days and granting the extension is in the public
interest. The scope of extensions granted pursuant to this
subdivision shall be limited to the necessary geographic areas and
affected persons, which shall be described in the Superintendent's
order granting the extension. It is the intent of the Legislature
that extensions granted pursuant to this subdivision improve services
in areas with high unemployment rates and areas with
disproportionately high numbers of seasonal agricultural jobs.
(e) A physical examination and evaluation, including
age-appropriate immunization, shall be required before, or within six
weeks of, enrollment. A standard, rule, or regulation shall not
require medical examination or immunization for admission to a child
care and development program of a child whose parent or guardian
files a letter with the governing board of the child care and
development program stating that the medical examination or
immunization is contrary to his or her religious beliefs, or provide
for the exclusion of a child from the program because of a parent or
guardian having filed the letter. However, if there is good cause to
believe that a child is suffering from a recognized contagious or
infectious disease, the child shall be temporarily excluded from the
program until the governing board of the child care and development
program is satisfied that the child is not suffering from that
contagious or infectious disease.
(f) Regulations formulated and promulgated pursuant to this
section shall include the recommendations of the State Department of
Health Care Services relative to health care screening and the
provision of health care services. The Superintendent shall seek the
advice and assistance of these health authorities in situations where
service under this chapter includes or requires care of children who
are ill or children with exceptional needs.
(g) (1) The Superintendent shall establish a fee schedule for
families utilizing child care and development services pursuant to
this chapter, including families receiving services under paragraph
(1) of subdivision (b). Families receiving services under
subparagraph (B) of paragraph (1) of subdivision (b) may be exempt
from these fees for up to three months. Families receiving services
under subparagraph (C) of paragraph (1) of subdivision (b) may be
exempt from these fees for up to 12 months. The cumulative period of
time of exemption from these fees for families receiving services
under paragraph (1) of subdivision (b) shall not exceed 12 months.
(2) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act (42
U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section
12000) of Part 3 of Division 9 of the Welfare and Institutions Code
shall not be included as income for purposes of determining the
amount of the family fee.
(h) (1) The family fee schedule shall
provide, among other things, that a contractor or provider may
require parents to provide diapers. A contractor or provider offering
field trips either may include the cost of the field trips within
the service rate charged to the parent or may charge parents an
additional fee. Federal or state money shall not be used to reimburse
parents for the costs of field trips if those costs are charged as
an additional fee. A contractor or provider that charges parents an
additional fee for field trips shall inform parents, before enrolling
the child, that a fee may be charged and that no reimbursement will
be available.
(2) A contractor or provider may charge parents for field trips or
require parents to provide diapers only under the following
circumstances:
(A) The provider has a written policy that is adopted by the
agency's governing board that includes parents in the decisionmaking
process regarding both of the following:
(i) Whether or not, and how much, to charge for field trip
expenses.
(ii) Whether or not to require parents to provide diapers.
(B) The maximum total of charges per child in a contract year does
not exceed twenty-five dollars ($25).
(C) A child shall not be denied participation in a field trip due
to the parent's inability or refusal to pay the charge. Adverse
action shall not be taken against a parent for that inability or
refusal.
(3) Each contractor or provider shall establish a payment system
that prevents the identification of children based on whether or not
their parents have paid a field trip charge.
(4) Expenses incurred and income received for field trips pursuant
to this section shall be reported to the department. The income
received for field trips shall be reported specifically as restricted
income.
(i)
(g) The Superintendent shall establish guidelines for
the collection of employer-sponsored child care benefit payments from
a parent whose child receives subsidized child care and development
services. These guidelines shall provide for the collection of the
full amount of the benefit payment, but not to exceed the actual cost
of child care and development services provided, notwithstanding the
applicable fee
based on the fee schedule.
(j)
(h) The Superintendent shall establish guidelines
according to which the director or a duly authorized representative
of the child care and development program will certify children as
eligible for state reimbursement pursuant to this section.
(k)
(i) Public funds shall not be paid directly or
indirectly to an agency that does not pay at least the minimum wage
to each of its employees.
SEC. 11. Section 8263.1 of the
Education Code is amended to read:
8263.1. (a) For purposes of this chapter, "income eligible" means
that a family's adjusted monthly income is at or below 70 percent of
the state median income, adjusted for family size, and adjusted
annually.
(b) Notwithstanding any other law, for the 2011-12 fiscal year,
the income eligibility limits that were in effect for the 2007-08
fiscal year shall be reduced to 70 percent of the state median income
that was in use for the 2007-08 fiscal year, adjusted for family
size, effective July 1, 2011.
(c) Notwithstanding any other law, for the 2012-13 fiscal year,
the income eligibility limits shall be 70 percent of the state median
income that was in use for the 2007-08 fiscal year, adjusted for
family size.
(d) Notwithstanding any other law, for the 2013-14 fiscal year,
the income eligibility limits shall be 70 percent of the state median
income that was in use for the 2007-08 fiscal year, adjusted for
family size.
(d)
(e) The income of a recipient of federal supplemental
security income benefits pursuant to Title XVI of the federal Social
Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental
program benefits pursuant to Title XVI of the federal Social Security
Act and Chapter 3 (commencing with Section 12000) of Part 3 of
Division 9 of the Welfare and Institutions Code shall not be included
as income for the purposes of determining
eligibility for child care under this chapter.
SEC. 12. Article 11.5 (commencing with Section
8273) is added to Chapter 2 of Part 6 of Division 1 of
Title 1 of the Education Code , to read:
Article 11.5. Family Fees
8273. (a) The Superintendent shall establish a fee schedule for
families using preschool and child care and development services
pursuant to this chapter, including families receiving services
pursuant to paragraph (1) of subdivision (b) of Section 8263. It is
the intent of the Legislature that the new fee schedule shall be
simple and easy to implement.
(b) The family fee schedule shall retain a flat monthly fee per
family. The schedule shall differentiate between fees for part-time
care and full-time care.
(c) Using the most recently approved family fee schedule pursuant
to subdivision (f) of Section 8447, families shall be assessed a flat
monthly fee based on income, certified family need for full-time or
part-time care services, and enrollment, and shall not be based on
actual attendance. No recalculation of a family fee shall occur if
attendance varies from enrollment unless a change in need for care is
assessed.
(d) The Superintendent shall design the new family fee schedule
based on the state median income data that was in use for the 2007-08
fiscal year, adjusted for family size. The revised family fee
schedule shall begin at income levels at which families currently
begin paying fees. The revised fees shall not exceed 10 percent of
the family's monthly income. The Superintendent shall first submit
the adjusted fee schedule to the Department of Finance for approval.
(e) The income of a recipient of federal supplemental security
income benefits pursuant to Title XVI of the federal Social Security
Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program
benefits pursuant to Title XVI of the federal Social Security Act (42
U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section
12000) of Part 3 of Division 9 of the Welfare and Institutions Code
shall not be included in total countable income for purposes of
determining the amount of the family fee.
(f) Family fees shall be assessed at initial enrollment and
reassessed at update of certification or recertification.
(g) It is the intent of the Legislature that the new family fees
shall be cost neutral to the state and generate roughly the same
amount of revenue as was generated under the previous family fee
schedule.
8273.1. (a) Families receiving services pursuant to subparagraph
(B) of paragraph (1) of subdivision (b) of Section 8263 may be exempt
from family fees for up to three months.
(b) Families receiving services pursuant to subparagraph (C) of
paragraph (1) of subdivision (b) of Section 8263 may be exempt from
family fees for up to 12 months.
(c) The cumulative period time of exemption from family fees for
families receiving services pursuant to paragraph (1) of subdivision
(b) of Section 8263 shall not exceed 12 months.
(d) Notwithstanding any other law, a family receiving CalWORKs
cash aid shall not be charged a family fee.
8273.2. (a) Notwithstanding paragraph (1) of subdivision (b) of
Section 8447, for the 2006-07 fiscal year, the department shall
update the family fee schedules by family size, based on the 2005
state median income survey data for a family of four. The family fee
schedule used during the 2005-06 fiscal year shall remain in effect.
However, the department shall adjust the family fee schedule for
families that are newly eligible to receive or will continue to
receive services under the new income eligibility limits. The family
fees shall not exceed 10 percent of the family's monthly income.
(b) Notwithstanding any other law, the family fee schedule that
was in effect for the 2007-08, 2008-09, 2009-10, and 2010-11 fiscal
years shall be adjusted to reflect the income eligibility limits
specified in subdivision (b) of Section 8263.1 for the 2011-12 fiscal
year, and shall retain a flat fee per family. The revised family fee
schedule shall begin at income levels at which families currently
begin paying fees. The revised family fees shall not exceed 10
percent of the family's monthly income. The department shall first
submit the adjusted family fee schedule to the Department of Finance
for approval in order for the adjusted family fee schedule to be
implemented by July 1, 2011.
(c) Notwithstanding any other law, the family fee schedule that
was in effect for the 2011-12 fiscal year pursuant to subdivision (b)
shall remain in effect for the 2012-13 fiscal year, and shall retain
a flat fee per family.
(d) Notwithstanding any other law, the family fee schedule that
was in effect for the 2012-13 fiscal year pursuant to subdivision (c)
shall remain in effect for the 2013-14 fiscal year until the first
day of a month that is at least 60 days after the new family fee
schedule developed pursuant to Section 8273 has been approved by the
Department of Finance and adopted.
8273.3. (a) The family fee schedule shall provide, among other
things, that a contractor or provider may require parents to provide
diapers. A contractor or provider offering field trips either may
include the cost of the field trips within the service rate charged
to the parent or may charge parents an additional fee. Federal or
state money shall not be used to reimburse parents for the costs of
field trips if those costs are charged as an additional fee. A
contractor or provider that charges parents an additional fee for
field trips shall inform parents, before enrolling the child, that a
fee may be charged and that no reimbursement will be available.
(b) A contractor or provider may require parents to provide
diapers or charge parents for field trips, subject to all of the
following conditions:
(1) The contractor or provider has a written policy adopted by the
agency's governing board that includes parents in the decisionmaking
process regarding both of the following:
(A) Whether or not, and how much, to charge for field trip
expenses.
(B) Whether or not to require parents to provide diapers.
(2) The contractor or provider does not charge fees in excess of
twenty-five dollars ($25) per child in a contract year.
(3) The contractor or provider does not deny participation in a
field trip due to a parent's inability or refusal to pay the fee.
(4) The contractor or provider does not take adverse action
against a parent for the parent's inability or refusal to pay the
fee.
(c) A contractor or provider shall establish a payment system that
prevents the identification of children based on whether or not a
child's family has paid field trip fees.
(d) The contractor or provider shall report expenses incurred and
income received for field trips to the department. Income received
shall be reported as restricted income.
SEC. 13. Section 8335.4 of the
Education Code is amended to read:
8335.4. (a) Upon approval of the plan by the Child Development
Division of the department, the City and County of San Francisco
shall annually prepare and submit to the Legislature, the State
Department of Social Services, and the department a report that
summarizes the success of the pilot project and the city and county's
ability to maximize the use of funds and to improve and stabilize
child care in the city and county.
(b) The City and County of San Francisco shall submit an interim
report to the Legislature, the State Department of Social Services,
and the department on or before December 31, 2010, and shall submit a
final report to those entities on or before June 30, 2014,
2015, summarizing the impact of the plan on the
child care needs of working families in the city and county.
SEC. 14. Section 8335.5 of the
Education Code is amended to read:
8335.5. The City and County of San Francisco may implement an
individualized child care subsidy plan until July 1, 2014,
2015, at which date the city and county shall
terminate the plan. Between July 1, 2014,
2015, and July 1, 2016, 2017, the
city and county shall phase out the individualized county child care
subsidy plan and, as of July 1, 2016, 2017,
shall implement the state's requirements for child care
subsidies. A child enrolling for the first time for subsidized child
care in the city and county after July 1, 2014,
2015, shall not be enrolled in the pilot program
established pursuant to this article and is subject to existing state
laws and regulations regarding child care eligibility and priority.
SEC. 15. Section 8335.7 of the
Education Code is amended to read:
8335.7. This article shall become inoperative on July 1,
2016, 2017, and as of January 1, 2017,
2018, is repealed, unless a later enacted
statute, that is enacted before January 1, 2017,
2018, deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 16. Section 8344 of the Education
Code is amended to read:
8344. The County of San Mateo may implement its individualized
county child care subsidy plan until January 1, 2014,
2015, at which date the County of San Mateo
shall terminate the plan. Between January 1, 2014,
2015, and January 1, 2016, 2017,
the County of San Mateo shall phase out the individualized
county child care subsidy plan and, as of January 1, 2016,
2017, shall implement the state's requirements
for child care subsidies. A child enrolling for the first time for
subsidized child care in San Mateo County after January 1,
2014, 2015, shall not be enrolled in the pilot
program established pursuant to this article and is subject to
existing state laws and regulations regarding child care eligibility
and priority.
SEC. 17. Section 8346 of the Education
Code is amended to read:
8346. This article shall remain in effect only until January 1,
2016, 2017, and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1, 2016, 2017, deletes or
extends that date.
SEC. 18. Section 8447 of the Education
Code is amended to read:
8447. (a) The Legislature hereby finds and declares that greater
efficiencies may be achieved in the execution of state subsidized
child care and development program contracts with public and private
agencies by the timely approval of contract provisions by the
Department of Finance, the Department of General Services, and the
State Department of Education and by authorizing the State Department
of Education to establish a multiyear application, contract
expenditure, and service review as may be necessary to provide timely
service while preserving audit and oversight functions to protect
the public welfare.
(b) (1) The Department of Finance and the Department of General
Services shall approve or disapprove annual contract funding terms
and conditions, including both family fee schedules and regional
market rate schedules that are required to be adhered to by contract,
and contract face sheets submitted by the State Department of
Education not more than 30 working days from the date of submission,
unless unresolved conflicts remain between the Department of Finance,
the State Department of Education, and the Department of General
Services. The State Department of Education shall resolve conflicts
within an additional 30 working day time period. Contracts and
funding terms and conditions shall be issued to child care
contractors no later than June 1. Applications for new child care
funding shall be issued not more than 45 working days after the
effective date of authorized new allocations of child care moneys.
(2) Notwithstanding paragraph (1), the State Department of
Education shall implement the regional market rate schedules based
upon the county aggregates, as determined by the Regional Market
survey conducted in 2005.
(3) Notwithstanding paragraph (1), for the 2006-07 fiscal year,
the State Department of Education shall update the family fee
schedules by family size, based on the 2005 state median income
survey data for a family of four. The family fee schedule used during
the 2005-06 fiscal year shall remain in effect. However, the
department shall adjust the family fee schedule for families that are
newly eligible to receive or will continue to receive services under
the new income eligibility limits. The family fees shall not exceed
10 percent of the family's monthly income.
(4) Notwithstanding any other law, the family fee schedule that
was in effect for the 2007-08, 2008-09, 2009-10, and 2010-11 fiscal
years shall be adjusted to reflect the income eligibility limits
specified in subdivision (b) of Section 8263.1 for the 2011-12 fiscal
year, and shall retain a flat fee per family. The revised family fee
schedule shall begin at income levels at which families currently
begin paying fees. The revised family fees shall not exceed 10
percent of the family's monthly income. The State Department of
Education shall first submit the adjusted fee schedule to the
Department of Finance for approval in order to be implemented by July
1, 2011.
(5) Notwithstanding any other law, the family fee schedule that
was in effect for the 2011-12 fiscal year pursuant to paragraph (4)
shall remain in effect for the 2012-13 fiscal year, and shall retain
a flat fee per family.
(6)
(3) It is the intent of the Legislature to fully fund
the third stage of child care for former CalWORKs recipients.
(c) With respect to subdivision (b), it is the intent of the
Legislature that the Department of Finance annually review contract
funding terms and conditions for the primary purpose of ensuring
consistency between child care contracts and the child care budget.
This review shall include evaluating any proposed changes to contract
language or other fiscal documents to which the contractor is
required to adhere, including those changes to terms or conditions
that authorize higher reimbursement rates, that modify related
adjustment factors, that modify administrative or other service
allowances, or that diminish fee revenues otherwise available for
services, to determine if the change is necessary or has the
potential effect of reducing the number of full-time equivalent
children that may be served.
(d) Alternative payment child care systems, as set forth in
Article 3 (commencing with Section 8220), shall be subject to the
rates established in the Regional Market Rate Survey of California
Child Care Providers for provider payments. The State Department of
Education shall contract to conduct and complete a Regional Market
Rate Survey no more frequently than once every two years, consistent
with federal regulations, with a goal of completion by March 1.
(e) By March 1 of each year, the Department of Finance shall
provide to the State Department of Education the State
Median Income state median income amount for a
four-person household in California based on the best available data.
The State Department of Education shall adjust its fee schedule for
child care providers to reflect this updated state median income;
however, no changes based on revisions to the state median income
amount shall be implemented midyear.
(f) Notwithstanding the June 1 date specified in subdivision (b),
changes to the regional market rate schedules and fee schedules may
be made at any other time to reflect the availability of accurate
data necessary for their completion, provided these documents receive
the approval of the Department of Finance. The Department of Finance
shall review the changes within 30 working days of submission and
the State Department of Education shall resolve conflicts within an
additional 30 working day period. Contractors shall be given adequate
notice prior to before the effective
date of the approved schedules. It is the intent of the Legislature
that contracts for services not be delayed by the timing of the
availability of accurate data needed to update these schedules.
(g) Notwithstanding any other provision of law, no family
receiving CalWORKs cash aid may be charged a family fee.
SEC. 19. Section 14041.6 of the
Education Code is repealed.
14041.6. (a) Notwithstanding subdivision (a) of Section 14041, or
any other law, from the 2008-09 fiscal year to the 2011-12 fiscal
year, inclusive, warrants for the principal apportionments for the
month of February in the amount of two billion dollars
($2,000,000,000) instead shall be drawn in July of the same calendar
year pursuant to the certification made pursuant to Section 41339.
Commencing with the 2012-13 fiscal year, warrants for the principal
apportionments for the month of February in the amount of five
hundred thirty-one million seven hundred twenty thousand dollars
($531,720,000) instead shall be drawn in July of the same calendar
year pursuant to the certification made pursuant to Section 41339.
(b) Notwithstanding subdivision (a) of Section 14041 or any other
law, from the 2009-10 fiscal year to the 2011-12 fiscal year,
inclusive, warrants for the principal apportionments for the month of
April in the amount of six hundred seventy-eight million six hundred
eleven thousand dollars ($678,611,000) and for the month of May in
the amount of one billion dollars ($1,000,000,000) instead shall be
drawn in August of the same calendar year pursuant to the
certification made pursuant to Section 41339. Commencing with the
2012-13 fiscal year, warrants for the principal apportionments for
the month of April in the amount of one hundred seventy-five million
seven hundred twenty-eight thousand dollars ($175,728,000) and for
the month of May in the amount of one billion one hundred seventy-six
million seven hundred one thousand dollars ($1,176,701,000) instead
shall be drawn in July of the same calendar year pursuant to the
certification made pursuant to Section 41339.
(c) Notwithstanding subdivision (a) of Section 14041 or any other
law, commencing with the 2010-11 fiscal year, warrants for the
principal apportionments for the month of April in the amount of four
hundred nineteen million twenty thousand dollars ($419,020,000), for
the month of May in the amount of eight hundred million dollars
($800,000,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year pursuant to the certification made
pursuant to Section 41339.
(d) Notwithstanding subdivision (a) of Section 14041 or any other
law, in the 2011-12 fiscal year, warrants for the principal
apportionments for the month of March in the amount of one billion
three hundred million dollars ($1,300,000,000) and for the month of
April in the amount of seven hundred sixty-three million seven
hundred ninety-four thousand dollars ($763,794,000) instead shall be
drawn in August of the same calendar year pursuant to the
certification made pursuant to Section 41339. Commencing with the
2012-13 fiscal year, warrants for the principal apportionments for
the month of March in the amount of one billion twenty-nine million
four hundred ninety-three thousand dollars ($1,029,493,000) and for
the month of April in the amount of seven hundred sixty-three million
seven hundred ninety-four thousand dollars ($763,794,000) instead
shall be drawn in August of the same calendar year pursuant to the
certification made pursuant to Section 41339.
(e) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivisions (a), (b), (c), and (d) shall be deemed to be
"General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202, for the fiscal year in
which the warrants are drawn and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the fiscal
year in which the warrants are drawn.
(f) This section shall become inoperative on December 15, 2012,
and, as of January 1, 2013, is repealed, only if the Schools and
Local Public Safety Protection Act of 2012 (Attorney General
reference number 12-0009) is not approved by the voters at the
November 6, 2012, statewide general election, or if the provisions of
that act that modify personal income tax rates do not become
operative due to a conflict with another initiative measure that is
approved at the same election and receives a greater number of
affirmative votes.
SEC. 20. Section 14041.6 is added to the
Education Code , to read:
14041.6. (a) Notwithstanding subdivision (a) of Section 14041, or
any other law, for the 2008-09 fiscal year warrants for the
principal apportionments for the month of February in the amount of
two billion dollars ($2,000,000,000) instead shall be drawn in July
of the same calendar year pursuant to the certification made pursuant
to Section 41339.
(b) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2009-10 fiscal year warrants for the principal
apportionments for the month of February in the amount of two billion
dollars ($2,000,000,000) instead shall be drawn in July of the same
calendar year and warrants for the month of April in the amount of
six hundred seventy-eight million six hundred eleven thousand dollars
($678,611,000) and for the month of May in the amount of one billion
dollars ($1,000,000,000) instead shall be drawn in August pursuant
to the certification made pursuant to Section 41339.
(c) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2010-11 fiscal year warrants for the principal
apportionments for the month of February in the amount of two billion
dollars ($2,000,000,000), for the month of April in the amount of
four hundred nineteen million twenty thousand dollars ($419,020,000),
for the month of May in the amount of eight hundred million dollars
($800,000,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year and warrants for the month of April in the
amount of six hundred seventy-eight million six hundred eleven
thousand dollars ($678,611,
000) and for the month of May in the amount of one billion dollars
($1,000,000,000) instead shall be drawn in August pursuant to the
certification made pursuant to Section 41339.
(d) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2011-12 fiscal year warrants for the principal
apportionments for the month of February in the amount of two billion
dollars ($2,000,000,000), for the month of April in the amount of
four hundred nineteen million twenty thousand dollars ($419,020,000),
for the month of May in the amount of eight hundred million dollars
($800,000,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year and warrants for the month of March in the
amount of one billion three hundred million dollars ($1,300,000,000)
and for the month of April in the amount of one billion four hundred
forty-two million four hundred five thousand dollars
($1,442,405,000) and for the month of May in the amount of one
billion dollars ($1,000,000,000) instead shall be drawn in August
pursuant to the certification made pursuant to Section 41339.
(e) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2012-13 fiscal year warrants for the principal
apportionments for the month of February in the amount of five
hundred thirty-one million seven hundred twenty thousand dollars
($531,720,000), for the month of April in the amount of five hundred
ninety-four million seven hundred forty-eight thousand dollars
($594,748,000), for the month of May in the amount of one billion
nine hundred seventy-six million seven hundred one thousand dollars
($1,976,701,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year and warrants for the month of March in the
amount of one billion twenty-nine million four hundred ninety-three
thousand dollars ($1,029,493,000) and for the month of April in the
amount of seven hundred sixty-three million seven hundred ninety-four
thousand dollars ($763,794,000) instead shall be drawn in August
pursuant to the certification made pursuant to Section 41339.
(f) Notwithstanding subdivision (a) of Section 14041, or any other
law, commencing with the 2013-14 fiscal year, warrants for the
principal apportionments for the month of April in the amount of nine
hundred seventeen million five hundred forty-two thousand dollars
($917,542,000), for the month of May in the amount of two billion one
hundred fifty-two million four hundred thirty thousand dollars
($2,152,430,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year pursuant to the certification made
pursuant to Section 41339.
(g) Notwithstanding subdivision (a) of Section 14041 or any other
law, commencing with the 2013-14 fiscal year, warrants for the
principal apportionments for the month of May in the amount of two
hundred million dollars ($200,000,000) and for the month of June in
the amount of six hundred ninety-nine million four hundred
seventy-three thousand dollars ($699,473,000) instead shall be drawn
in July of the same calendar year pursuant to the certification made
pursuant to Section 41339. The Superintendent shall allocate this
deferred amount and repayment to local educational agencies based on
their proportionate share of funding appropriated to local
educational agencies pursuant to Section 92 of Chapter 38 of the
Statutes of 2012.
(h) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivisions (a) to (g), inclusive, shall be deemed to be
"General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202, for the fiscal year in
which the warrants are drawn and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the fiscal
year in which the warrants are drawn.
(i) Notwithstanding subdivision (h), for purposes of making the
computations required by Section 8 of Article XVI of the California
Constitution, one billion five hundred ninety million four hundred
forty-nine thousand dollars ($1,590,449,000) of the warrants drawn in
August of 2013 pursuant to subdivision (e) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202, for the 2012-13 fiscal year,
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the 2012-13 fiscal year.
SEC. 21. Section 17457.5 of the
Education Code is amended to read:
17457.5. (a) Notwithstanding Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, the governing board of a school district seeking to
sell or lease real property designed to provide direct instruction or
instructional support it deems to be surplus property shall first
offer that property for sale or lease to any charter school that
, at the time of the offer, has projections of at least 80 units of
in-district average daily attendance for the following fiscal year,
and has submitted a written request to the school district to
be notified of surplus property offered for sale or lease by the
school district, pursuant to the following conditions:
(1) The real property sold or leased shall be used by the charter
school exclusively to provide direct instruction or instructional
support, for a period of not less than five years from the
date upon which the real property is made available to that charter
school, pursuant to the sale, or, in the event of a lease, until the
real property is returned to the possession of the school district,
whichever occurs earlier. support.
(2) In the event that the charter school fails to comply with the
condition set forth in paragraph (1), the charter school that
purchased the real property is required to immediately offer that
real property for sale pursuant to this article and Article 5
(commencing with Section 17485) and to sell the property pursuant to
those provisions. The charter school shall comply, in that regard,
with all requirements under those provisions that would otherwise
apply to a school district, except that a sale price computed under
subdivision (a) of Section 17491 shall be based upon the cost of
acquisition incurred by the school district that sold the property
pursuant to this subdivision, rather than that incurred by the
charter school. In the event, alternatively, of a lease of real
property pursuant to this subdivision, the failure by the charter
school to comply with paragraph (1) shall constitute a breach of the
lease, entitling the school district to immediate possession of the
real property, in addition to any damages to which the school
district may be entitled under the lease agreement.
(2) If the charter school purchased real property pursuant to this
section and fails to comply with paragraph (1), or otherwise desires
to dispose of the real property, all of the following shall apply:
(A) The charter school shall immediately offer that real property
for sale to the school district that previously owned the property.
The charter school shall comply, in that regard, with all
requirements under this section that would otherwise apply to a
school district.
(B) If the school district does not desire to purchase that real
property from the charter school, the school district shall furnish a
list of charter schools that have requested notification of surplus
property pursuant to subdivision (a). The charter school that owns
the real property shall offer that real property for sale to the
charter schools on this list and comply with all requirements under
this section that would otherwise apply to a school district. In the
event the charter school selling property receives more than one
offer, the charter school may determine to which charter school it
will sell the property. The charter school purchasing the real
property shall comply with all provisions of this section.
(C) If that real property remains unsold pursuant to subparagraph
(A) or (B), the charter school selling the real property shall offer
that property for sale pursuant to Article 5 (commencing with Section
17485). The charter school shall comply with all requirements under
that article that would otherwise apply to a school district, except
that a sale price computed under subdivision (a) of Section 17491
shall be based upon the cost of acquisition incurred by the school
district that sold the property pursuant to this subdivision, rather
than that incurred by the charter school.
(D) If all or part of the real property remains unsold pursuant to
subparagraph (C), the charter school selling that real property
shall dispose of the remaining property pursuant to subdivisions (c),
(d), (e), and (f) of Section 17464. References in Section 17464 to a
school district shall mean the charter school selling the real
property.
(3) In the event, alternatively, of a lease of real property
pursuant to this subdivision, the failure by the charter school to
comply with paragraph (1) shall constitute a breach of the lease,
entitling the school district to immediate possession of the real
property, in addition to any damages to which the school district may
be entitled under the lease agreement.
(3)
(4) The school district, and each of the entities
authorized to receive offers of sale pursuant to this article or
Article 5 (commencing with Section 17485), has standing to enforce
the conditions set forth in this subdivision, and shall be entitled
to the payment of reasonable attorney's fees incurred as a prevailing
party in any action or proceeding brought to enforce any of those
conditions.
(b) A school district seeking to sell or lease real property
designed to provide direct instruction or instructional support it
deems to be surplus property shall provide a written offer to any
charter school that , at the time of the offer, has projections
of at least 80 units of in-district average daily
attendance for the following fiscal year, and has submitted a
written request to the school district to be notified of surplus
property offered for sale or lease by the school district. A charter
school desiring to purchase or lease the property shall, within 60
days after a written offer is received, notify the school district of
its intent to purchase or lease the property. In the event more than
one charter school notifies the school district of their intent to
purchase or lease the property, the governing board of the school
district may determine to which charter school to sell or lease the
property.
(c) The price at which property described in this section is sold
pursuant to this section shall not exceed the school district's cost
of acquisition, adjusted by a factor equivalent to the percentage
increase or decrease in the cost of living from the date of purchase
to the year in which the offer of sale is made, plus the cost of any
school facilities construction undertaken on the property by the
school district since its acquisition of the land, adjusted by a
factor equivalent to the increase or decrease in the statewide cost
index for class B construction, as annually determined by the State
Allocation Board pursuant to Section 17072.10, from the year the
improvement is completed to the year in which the sale is made. In
the event a statewide cost index for class B construction is not
available, the school district shall use a factor equal to the
average statewide cost index for class B construction for the
preceding 10 calendar years. In no event shall the price be less than
25 percent of the fair market value of the property described in
this section or less than the amount necessary to retire the share of
local bonded indebtedness plus the amount of the original cost of
the approved state aid applications on the property. The percentage
of annual increase or decrease in the cost of living shall be the
amount shown for January 1 of the applicable year by the then current
Bureau of Labor Statistics Consumers Price Index for the area in
which the schoolsite is located.
(d) Land that is leased pursuant to this section shall be leased
at an annual rate of not more than 5 percent of the maximum sales
price determined pursuant to subdivision (c), adjusted annually by a
factor equivalent to the percentage increase or decrease in the cost
of living for the immediately preceding year. The percentage of
annual increase or decrease in the cost of living shall be the amount
shown for January 1 of the applicable year by the then current
Bureau of Labor Statistics Consumers Price Index for the area in
which the schoolsite is located.
(e) The sale or lease of the real property of a school district,
as authorized under subdivision (a), shall not occur until the school
district advisory committee has held hearings pursuant to
subdivision (c) of Section 17390.
(f) This section shall only apply to real property identified by a
school district as surplus property after July 1, 2012. A
school district selling or leasing surplus property is not required
to offer that property to a charter school pursuant to this section
on or after July 1, 2016.
(g) This section shall become inoperative on June 30, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
(g) The construction of a school building, as defined in Section
17368, located on real property purchased by a charter school
pursuant to this section shall comply with the design and
construction requirements pursuant to Article 3 (commencing with
Section 17280) and Article 6 (commencing with Section 17365). The
reconstruction or alteration of, or an addition to, a school
building, as defined in Section 17368, located on real property
purchased by a charter school pursuant to this section is required to
comply with the design and construction requirements pursuant to
Article 3 (commencing with Section 17280) and Article 6 (commencing
with Section 17365) only if the building complied with those sections
on the date the real property was purchased by the charter school.
(h) A charter school selling real property obtained pursuant to
this section shall use the proceeds only for capital outlay,
maintenance, and other facility-related costs.
SEC. 22. Section 17463.7 of the
Education Code is amended to read:
17463.7. (a) Notwithstanding any other law, a school district may
deposit the proceeds from the sale of surplus real property,
together with any personal property located on the property,
purchased entirely with local funds, into the general fund of the
school district and may use the proceeds for any one-time general
fund purpose. If the purchase of the property was made using the
proceeds of a local general obligation bond or revenue derived from
developer fees, the amount of the proceeds of the transaction that
may be deposited into the general fund of the school district may not
exceed the percentage computed by the difference between the
purchase price of the property and the proceeds from the transaction,
divided by the amount of the proceeds of the transaction. For
the purposes of this section, proceeds of the
transaction means either of the following, as appropriate:
(1) The amount realized from the sale of property after reasonable
expenses related to the sale.
(2) For a transaction that does not result in a lump-sum payment
of the proceeds of the transaction, the proceeds of the transaction
shall be calculated as the net present value of the future cashflow
generated by the transaction.
(b) The State Allocation Board shall reduce an apportionment of
hardship assistance awarded to the particular school district
pursuant to Article 8 (commencing with Section 17075.10) by an amount
equal to the amount of the sale of surplus real property used for a
one-time expenditure of the school district pursuant to this section.
(c) If the school district exercises the authority granted
pursuant to this section, the district is ineligible for hardship
funding from the State School Deferred Maintenance Fund under Section
17587 for five years after the date proceeds are deposited into the
general fund pursuant to this section.
(d) Before a school district exercises the authority granted
pursuant to this section, the governing board of the school district
shall first submit to the State Allocation Board documents certifying
the following:
(1) The school district has no major deferred maintenance
requirements not covered by existing capital outlay resources.
(2) The sale of real property pursuant to this section does not
violate the provisions of a local bond act.
(3) The real property is not suitable to meet projected school
construction needs for the next 10 years.
(e) Before the school district exercises the authority granted
pursuant to this section, the governing board of the school district
at a regularly scheduled meeting shall present a plan for expending
one-time resources pursuant to this section. The plan shall identify
the source and use of the funds and describe the reasons why the
expenditure will not result in ongoing fiscal obligations for the
school district.
(f) The Office of Public School Construction shall submit an
interim and a final report to the State Allocation Board and the
budget, education policy, and fiscal committees of the Legislature
that identifies the school districts that have exercised the
authority granted by this section, the amount of proceeds involved,
and the purpose purposes for which
those proceeds were used. The interim report shall be submitted by
January 1, 2011, and the final report by January 1, 2014
2015 .
(g) This section shall remain in effect only until January 1,
2014, 2016 and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2014, 2016 deletes or
extends that date.
SEC. 23. Section 17592.71 of the
Education Code is amended to read:
17592.71. (a) There is hereby established in the State Treasury
the School Facilities Emergency Repair Account. The State Allocation
Board shall administer the account.
(b) (1) Commencing with the 2005-06 fiscal year, an amount of
moneys shall be transferred in the annual Budget Act from the
Proposition 98 Reversion Account to the School Facilities Emergency
Repair Account, equaling 50 percent of the unappropriated balance of
the Proposition 98 Reversion Account or one hundred million dollars
($100,000,000), whichever amount is greater. Moneys transferred
pursuant to this subdivision shall be used for the purpose of
addressing emergency facilities needs pursuant to Section 17592.72.
(2) Notwithstanding paragraph (1), for the 2008-09 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall not exceed one hundred one million
dollars ($101,000,000).
(3) Notwithstanding paragraph (1), for the 2009-10 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall be zero dollars ($0) .
(4) Notwithstanding paragraph (1), for the 2010-11 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall be zero dollars ($0) .
(5) Notwithstanding paragraph (1), for the 2011-12 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall be zero dollars ($0) .
(6) Notwithstanding paragraph (1), for the 2012-13 and
2013-14 fiscal year, years, the
amount of money to be transferred from the Proposition 98 Reversion
Account to the School Facilities Emergency Repair Account pursuant to
paragraph (1) shall be zero dollars ($0) .
(c) The Legislature may transfer to the School Facilities
Emergency Repair Account other one-time Proposition 98 funds, except
funds specified pursuant to Section 41207, as repealed and added by
Section 6 of Chapter 216 of the Statutes of 2004. Donations by
private entities shall be deposited in the account and, for tax
purposes, be treated as otherwise provided by law.
(d) Funds shall be transferred pursuant to this section until a
total of eight hundred million dollars ($800,000,000) has been
disbursed from the School Facilities Emergency Repair Account.
SEC. 24. Section 38092 of the Education
Code is repealed.
38092. The governing board of any school district with an average
daily attendance of over 100,000 may allow as an expenditure from
the cafeteria fund or account a share of money agreed upon pursuant
to a contract, which is generated from the joint sale of items
between the cafeteria and an associated student body student store.
The expenditure must result from an agreement entered into by the
cafeteria and the associated student body in which pupils will
participate in the operation of the store.
SEC. 25. Section 38102 of the Education
Code is repealed.
38102. The governing board of any school district operating
school cafeterias may establish and maintain a cafeteria fund reserve
for the purchase, lease, maintenance, or replacement of cafeteria
equipment, to be known as the cafeteria equipment reserve. The funds
for this reserve are to be derived from the sales of food in the
school cafeterias in an amount to be determined by the governing
board and may be accumulated from year to year until expended for
this purpose. Funds in the cafeteria equipment reserve shall only be
used for the purchase, lease, maintenance, or replacement of
cafeteria equipment.
Nothing in this section shall prohibit any school district from
replacing cafeteria equipment from district funds as provided in
Section 38100.
SEC. 26. Section 41203.1 of the
Education Code is amended to read:
41203.1. (a) For the 1990-91 fiscal year and each fiscal year
thereafter, allocations calculated pursuant to Section 41203 shall be
distributed in accordance with calculations provided in this
section. Notwithstanding Section 41203, and for purposes of this
section, school districts, community college districts, and direct
elementary and secondary level instructional services provided by the
State of California shall be regarded as separate segments of public
education, and each of these three segments of public education
shall be entitled to receive respective shares of the amount
calculated pursuant to Section 41203 as though the calculation made
pursuant to subdivision (b) of Section 8 of Article XVI of the
California Constitution were to be applied separately to each segment
and the base year for purposes of this calculation under paragraph
(1) of subdivision (b) of Section 8 of Article XVI of the California
Constitution were based on the 1989-90 fiscal year. Calculations made
pursuant to this subdivision shall be made so that each segment of
public education is entitled to the greater of the amounts calculated
for that segment pursuant to paragraph (1) or (2) of subdivision (b)
of Section 8 of Article XVI of the California Constitution.
(b) If the single calculation made pursuant to Section 41203
yields a guaranteed amount of funding that is less than the sum of
the amounts calculated pursuant to subdivision (a), the amount
calculated pursuant to Section 41203 shall be prorated for the three
segments of public education.
(c) Notwithstanding any other law, this section does not apply to
the 1992-93 to 2012-13 2013-14 fiscal
years, inclusive.
SEC. 27. Section 41325 of the Education
Code is amended to read:
41325. (a) The Legislature finds and declares that when a school
district becomes insolvent and requires an emergency apportionment
from the state in the amount designated in this article, it is
necessary that the Superintendent of Public Instruction
assume control of the district in order to ensure the
district's return to fiscal
solvency.
(b) It is the intent of the Legislature that the Superintendent
of Public Instruction , operating through an
appointed administrator, do all of the following:
(1) Implement substantial changes in the school
district's fiscal policies and practices, including, if necessary,
the filing of a petition under Chapter 9 of the federal Bankruptcy
Code for the adjustment of indebtedness.
(2) Revise the school district's educational program to
reflect realistic income projections, in response to the dramatic
effect of the changes in fiscal policies and practices upon
educational program quality and the potential for the success of all
pupils.
(3) Encourage all members of the school community to accept a fair
share of the burden of the school district's fiscal
recovery.
(4) Consult, for the purposes described in this subdivision, with
the school district governing board, the exclusive representatives of
the employees of the scho ol district,
parents, and the community.
(5) Consult with and seek recommendations from the county
superintendent of schools for the purposes described in this
subdivision.
(c) For purposes of this article, the Superintendent may also
appoint a trustee with the powers and responsibilities of an
administrator, as set forth in this article.
SEC. 28. Section 41329.52 of the
Education Code is amended to read:
41329.52. (a) A school district may receive a two-part financing
designed to provide an advance of apportionments owed to the district
from the State School Fund and the Education Protection Account
.
(b) The initial emergency apportionment shall be an interim loan
from the General Fund to the school district. General Fund money
shall not be advanced to a school district until that district agrees
to obtain a lease financing as described in subdivision (c) and the
bank adopts a reimbursement resolution governing the lease financing.
The interim loan shall be repaid in full, with interest, from the
proceeds of the lease financing pursuant to subdivision (c) at a time
mutually agreed upon between the Department of Finance and the bank.
The interest rate on the interim loan shall be the rate earned by
moneys in the Pooled Money Investment Account as of the date of the
initial disbursement of emergency apportionments to the school
district.
(c) The school district shall enter into a lease financing with
the bank for the purpose of financing the emergency apportionment,
including a repayment to the General Fund of the amount advanced
pursuant to subdivision (b). In addition to the emergency
apportionment, the lease financing may include funds necessary for
reserves, capitalized interest, credit enhancements , and
costs of issuance. The bank shall issue bonds for that purpose
pursuant to the powers granted pursuant to the Bergeson-Peace
Infrastructure and Economic Development Bank Act as set forth in
Division 1 (commencing with Section 63000) of Part 6.7 of the
Government Code. The term of the lease shall not exceed 20 years,
except that if at the end of the lease term any rent payable is not
fully paid, or if the rent payable has been abated, the term of the
lease shall be extended for a period not to exceed 10 years.
SEC. 29. Section 41329.53 of the
Education Code is amended to read:
41329.53. (a) As an alternative to the lease financing pursuant
to Section 41329.52, a school district may receive an emergency
apportionment from the General Fund designed to provide an advance of
apportionments owed to the district from the State School Fund
and the Education Protection Account . The emergency
apportionment shall be repaid within 20 years. The calculation of the
amount of the apportionment, including implied costs, and the
interest rate shall be calculated pursuant to subdivision (b). Each
year the Superintendent of Public Instruction
shall withhold from the apportionments to be made to the school
district from the State School Fund and the Education
Protection Account an amount equal to the emergency
apportionment repayment that becomes due in the year.
(b) The determination by statute as to whether the emergency
apportionment shall take the form of lease financing pursuant to
Section 41329.52 or an emergency apportionment from the General Fund
pursuant to this section shall be based upon the availability of
funds within the General Fund and not on any cost differential
between the two financing mechanisms. To ensure that the two
alternatives are cost neutral, if the statute does not authorize a
lease financing, the bank shall commission a cost study from
financial advisers under contract with the bank to determine the
interest rate, costs of issuance, and if it is more cost effective,
credit enhancement costs likely if the financing was a lease
financing rather than an emergency apportionment from the General
Fund. These implied lease costs shall be included as the fixed
interest rate on the repayment of the emergency apportionment to the
General Fund, repayable over 20 years.
SEC. 30. Section 41329.55 of the
Education Code is amended to read:
41329.55. (a) Simultaneous with the execution of the lease
financing authorized pursuant to Section 41329.52, the bank shall
provide to the Controller and the school district a notification of
its lease financing. The notice shall include a schedule of rent
payments to become due to the bank from the school district and the
bond trustee. The Controller shall make the apportionment to the bond
trustee of those amounts on the dates shown on the schedule. The
bank may further authorize the apportionments to be used to pay or
reimburse the provider of any credit enhancement of bonds and other
ongoing or periodic ancillary costs of the bond financing issued by
the bank in connection with this article. If the amount of rent
payments vary from the schedule as a result of variable interest
rates on the bonds, early redemptions, or changes in expenses, the
bank shall amend or supplement the schedule accordingly.
(b) Except where financing is for a community college district,
the Controller shall make the apportionment only from moneys in
Section A of the State School Fund and the Education Protection
Account designated for apportionment to the district and any
apportionment authorized pursuant to this subdivision shall
constitute a lien senior to any other apportionment or payment of
State School Fund and the Education Protection Account
moneys to or for that district not made pursuant to this subdivision.
(c) If financing is for the Compton Community College District,
the Controller shall make the apportionment only from moneys in
Section B of the State School Fund. Any apportionment authorized
pursuant to this subdivision shall constitute a lien senior to any
other apportionment or payment of Section B State School Fund moneys.
(d) The amount apportioned for a school district pursuant to this
section is an allocation to the school district for
purposes of subdivision (b) of Section 8 of Article XVI of the
California Constitution. For purposes of computing revenue limits
pursuant to Section 42238 for any school district, the revenue limit
for any fiscal year in which funds are apportioned for the
school district pursuant to this section shall include any
amounts apportioned by the Controller pursuant to subdivisions (a),
(b), and (c), as well as Section 41329.57.
(e) No party, including the school district or any of its
creditors, shall have any claim to the money apportioned or to be
apportioned to the bond trustee by the Controller pursuant to this
section.
SEC. 31. Section 41329.57 of the
Education Code is amended to read:
41329.57. (a) (1) Pursuant to a schedule provided to the
Controller by the bank, the Controller shall transfer from Section A
of the State School Fund and the Education Protection Account
the amount of funds necessary to pay the warrants issued
pursuant to paragraph (2) so that the effective cost of the lease
financing provided to the Oakland Unified School District, the
Vallejo City Unified School District, and the West Contra Costa
Unified School District pursuant to this article shall be equal to
the cost of the original General Fund emergency loan made to each
school district.
(A) For the purposes of determining the cost of
the original emergency loan for the West Contra Costa Unified School
District, the original interest rate is the rate established
pursuant to Section 41474 of 1.532 percent.
(B) For the purposes of determining the cost of
the original emergency loan for the Oakland Unified School District,
the original interest rate is 1.778 percent. This rate shall also
apply to any disbursements of the loan pursuant to Chapter 14 of the
Statutes of 2003 that are subsequent to August 23, 2004.
(C) For the purposes of determining the cost of
the original emergency loan for the Vallejo City Unified School
District, the original interest rate is 1.5 percent. This rate shall
also apply to any disbursements of the loan pursuant to Chapter 53 of
the Statutes of 2004 that are subsequent to August 23, 2004.
(2) The executive director or chair of the bank shall periodically
provide a schedule to the Controller and each school district of the
actual amount of the difference between the cost of the lease
financing compared to the cost of the original emergency loan for
each school district for each year and the Controller
shall issue warrants to each school district pursuant to the
schedule. Payments to a school district shall occur only
during the term of the loan for that district and shall be made no
sooner than the corresponding payments are made to the bond trustee
under the lease financing for that district.
(3) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants issued
pursuant to paragraph (2) are "General Fund revenues appropriated
to for school districts," as defined in
subdivision (c) of Section 41202 for the fiscal years in which the
warrants are issued and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B"
B," as defined in subdivision (e) of Section
41202, for the fiscal years in which the warrants are issued.
(b) It is the intent of the Legislature that the financing cost
subsidies funded in this section not be deemed precedent nor in
conflict with Section 41329.53, as these school districts
requested loans prior to before the
enactment of this article.
SEC. 32. Section 41365 of the Education
Code is amended to read:
41365. (a) The Charter School Revolving Loan Fund is hereby
created in the State Treasury. The Charter School Revolving Loan Fund
shall be comprised composed of federal
funds obtained by the state for charter schools and any other funds
appropriated or transferred to the fund through the annual budget
process. Funds appropriated to the Charter School Revolving Loan Fund
shall remain available for the purposes of the
fund until reappropriated or reverted by the Legislature through the
annual Budget Act or any other act.
(b) Commencing with the 2013-14 fiscal year, the Charter School
Revolving Loan Fund shall be administered by the California School
Finance Authority.
(b)
(c) Loans may be made from moneys in the Charter School
Revolving Loan Fund to a chartering authority for charter schools
that are not a conversion of an existing school, or directly to a
charter school that qualifies to receive funding pursuant to Chapter
6 (commencing with Section 47630) that is not a conversion of an
existing school, upon application of a chartering authority or
charter school and approval by the Superintendent of Public
Instruction California School Finance Authority
. Money loaned to a chartering authority for a charter school, or to
a charter school, pursuant to this section shall be used only to
meet the purposes of the charter granted pursuant to Section 47605.
The loan to a chartering authority for a charter school, or to a
charter school, pursuant to this subdivision shall not exceed two
hundred fifty thousand dollars ($250,000) over the lifetime of the
charter school. A charter school may receive money obtained from
multiple loans made directly to the charter school or to the school's
chartering authority from the Charter School Revolving Loan Fund, as
long as the total amount received from the fund over the lifetime of
the charter school does not exceed two hundred fifty thousand
dollars ($250,000). This subdivision does not apply to a charter
school that obtains renewal of a charter pursuant to Section 47607.
(c)
(d) The Superintendent of Public Instruction
California School Finance Authority may consider
all of the following when making a determination as to the approval
of a charter school's loan application:
(1) Soundness of the financial business plans of the applicant
charter school.
(2) Availability of the charter school of other sources of
funding.
(3) Geographic distribution of loans made from the Charter School
Revolving Loan Fund.
(4) The impact that receipt of funds received pursuant to this
section will have on the charter school's receipt of other private
and public financing.
(5) Plans for creative uses of the funds received pursuant to this
section, such as loan guarantees or other types of credit
enhancements.
(6) The financial needs of the charter school.
(d)
(e) Priority for loans from the Charter School
Revolving Loan Fund shall be given to new charter schools for startup
costs.
(e)
(f) Commencing with the first fiscal year following the
fiscal year the charter school receives the loan, the Controller
shall deduct from apportionments made to the chartering authority or
charter school, as appropriate, an amount equal to the annual
repayment of the amount loaned to the chartering authority or charter
school for the charter school under this section and pay the same
amount into the Charter School Revolving Loan Fund in the State
Treasury. Repayment of the full amount loaned to the chartering
authority shall be deducted by the Controller in equal annual amounts
over a number of years agreed upon between the loan recipient and
the State Department of Education California
School Finance Authority , not to exceed five years for any
loan.
(f)
(g) (1) Notwithstanding any other
provisions of law, a loan may be made directly to a charter
school pursuant to this section only in the case of a charter school
that is incorporated.
(2) Notwithstanding any other provisions of
law, in the case of default of a loan made directly to a
charter school pursuant to this section, the charter school shall be
solely liable for repayment of the loan.
(h) The California School Finance Authority shall adopt emergency
regulations to implement this section and Sections 41366.6 and 41367.
SEC. 33. Section 41366.6 of the
Education Code is amended to read:
41366.6. (a) The department California
School Finance Authority shall monitor the adequacy of the
amount of funds in the Charter School Revolving Loan Fund and report
annually to the Department of Finance and the Controller on the need,
if any, to transfer funds from the Charter School Security Fund to
the Charter School Revolving Loan Fund for the sole purpose of
replacing funds lost in the Charter School Revolving Loan Fund due to
loan defaults. Before requesting any transfer of funds from the
Charter School Security Fund, the department
California School Finance Authority shall make all reasonable
efforts to recover funds directly from the defaulting loan recipient.
To the extent that the department California
School Finance Authority determines that a transfer from the
Charter School Security Fund to the Charter School Revolving Loan
Fund is necessary, the department California
School Finance Authority shall obtain approval from the
Director of Finance before a transfer of funds is made. Not sooner
than 30 days after notification in writing to the Chairperson of the
Joint Legislative Budget Committee, the Director of Finance shall
direct the Controller to transfer the appropriate amount of funds.
(b) By October 1 of each year, the department
California School Finance Authority shall provide detailed
fund condition information for the Charter School Revolving Loan
Fund and the Charter School Security Fund to the Department of
Finance and the Legislative Analyst's Office. At a minimum, this
information shall contain an accounting of actual beginning balances,
revenues, itemized expenditures, and ending balances for the prior
year, as well as projected beginning balances, revenues, itemized
expenditures, and ending balances for the current year and budget
year.
SEC. 34. Section 41367 of the Education
Code is amended to read:
41367. (a) The Charter School Security Fund is hereby created in
the State Treasury.
(b) Moneys in the fund shall be available for deposit into the
Charter School Revolving Loan Fund in case of default on any loan
made from the Charter School Revolving Loan Fund.
(c) Commencing with the 2013-14 fiscal year, the Charter School
Security Fund shall be administered by the California School Finance
Authority.
SEC. 35. Section 44374.5 is added to the
Education Code , to read:
44374.5. (a) The commission may charge a fee to recover the
standard costs of reviewing new educator preparation programs.
Applicable local educational agencies and institutions of higher
education shall submit the established fee to the commission when
submitting a proposal for a new program. The commission may review
the established fee on a periodic basis and adjust the fee as
necessary. The commission shall notify the chairpersons of the
committees and subcommittees in each house of the Legislature that
consider the State Budget and the Department of Finance at least 30
days before implementing the fee and at least 30 days before making
any subsequent fee adjustments.
(b) The commission may charge commission-approved entities a fee
to recover the costs of accreditation activities in excess of the
regularly scheduled data reports, program assessments, and
accreditation site visits. This includes, but is not necessarily
limited to, accreditation revisits, addressing stipulations, or
program assessment reviews beyond those supported within the standard
costs of review. Institutions of higher education shall submit the
established fee to the commission in the year that the extraordinary
activities are performed. The commission may review the established
fee on a periodic basis, and adjust the fee as necessary. The
commission shall notify the chairpersons of the committees and
subcommittees in each house of the Legislature that consider the
State Budget and the Department of Finance at least 30 days before
implementing the fee and at least 30 days before making any
subsequent fee adjustments.
SEC. 36. Section 47612 of the Education
Code is amended to read:
47612. (a) A charter school shall be deemed to be under the
exclusive control of the officers of the public schools for purposes
of Section 8 of Article IX of the California Constitution, with
regard to the appropriation of public moneys to be apportioned to any
charter school, including, but not necessarily limited
to, appropriations made for the purposes of this
chapter.
(b) The average daily attendance in a charter school may not, in
any event, be generated by a pupil who is not a California resident.
To remain eligible for generating charter school apportionments, a
pupil over 19 years of age shall be continuously enrolled in public
school and make satisfactory progress towards award of a high school
diploma. The State Board of Education state
board shall, on or before January 1, 2000, adopt regulations
defining "satisfactory progress."
(c) A charter school shall be deemed to be a "school district" for
purposes of Article 1 (commencing with Section 14000) of Chapter 1
of Part 9, Section 41301, Section 41302.5, Article 10 (commencing
with Section 41850) of Chapter 5 of Part 24, Section 47638, and
Sections 8 and 8.5 of Article XVI of the California Constitution.
(d) For purposes of calculating average daily attendance, no pupil
shall generate more than one day of attendance in a calendar day.
Notwithstanding any other law, a charter school that operates a
multitask calendar shall comply with all of the following:
(1) Calculate attendance separately for each track. The divisor in
the calculation shall be the calendar days in which school was
taught for pupils in each track.
(2) Operate no more than five tracks.
(3) Operate each track for a minimum of 175 days. If the charter
school is a conversion school, the charter school may continue its
previous schedule as long as it provides no fewer than 163 days of
instruction in each track.
(4) For each track, provide the total number of instructional
minutes, as specified in Section 47612.5.
(5) No track shall have less than 55 percent of its school days
before April 15.
(6) Unless otherwise authorized by statute, no pupil shall
generate more than one unit of average daily attendance in a fiscal
year.
(e) Compliance with the conditions set forth in this section shall
be included in the audits conducted pursuant to Section 41020.
SEC. 37. Section 47614.5 of the
Education Code is amended to read:
47614.5. (a) The Charter School Facility Grant Program is hereby
established , and , commencing with the 2013-14
fiscal year, shall be administered by the department
California School Finance Authority . The grant
program is intended to provide assistance with facilities rent and
lease costs for pupils in charter schools.
(b) Subject to the annual Budget Act, eligible schools shall
receive an amount of up to, but not more than, seven hundred fifty
dollars ($750) per unit of average daily attendance, as certified at
the second principal apportionment, to provide an amount of up to,
but not more than, 75 percent of the annual facilities rent and lease
costs for the charter school. In any fiscal year, if the funds
appropriated for the purposes of this section by the annual Budget
Act are insufficient to fund the approved amounts fully, the
Superintendent California School Finance Authority
shall apportion the available funds on a pro rata basis.
(c) For purposes of this section, the department
California School Finance Authority shall do all
of the following:
(1) Inform charter schools of the grant program.
(2) Upon application by a charter school, determine eligibility,
based on the geographic location of the charter schoolsite, pupil
eligibility for free or reduced price
reduced-price meals, and a preference in admissions, as
appropriate. Eligibility for funding shall not be limited to the
grade level or levels served by the school whose attendance area is
used to determine eligibility. Charter schoolsites
schoolsite are eligible for funding pursuant to this
section if the charter schoolsite meets either of the following
conditions:
(A) The charter schoolsite is physically located in the attendance
area of a public elementary school in which 70 percent or more of
the pupil enrollment is eligible for free or reduced priced
reduced-price meals and the schoolsite gives a
preference in admissions to pupils who are currently enrolled in that
public elementary school and to pupils who reside in the elementary
school attendance area where the charter schoolsite is located.
(B) Seventy percent or more of the pupil enrollment at the charter
schoolsite is eligible for free or reduced price
reduced-price meals.
(3) Inform charter schools of their grant eligibility.
(4) Allocate funding to charter schools for eligible expenditures
in a timely manner.
(5) No later than June 30, 2005, report to the Legislature on the
number of charter schools that have participated in the grant program
pursuant to the expanded eligibility prescribed in paragraph (2). In
addition, the report shall provide recommendations and suggestions
on improving the grant program.
(4) Commencing with the 2013-14 fiscal year, make apportionments
to a charter school for eligible expenditures according to the
following schedule:
(A) An initial apportionment by August 31 of each fiscal year or
30 days after enactment of the annual Budget Act, whichever is later,
provided the charter school has submitted a timely application for
funding, as determined by the California School Finance Authority.
The initial apportionment shall be 50 percent of the school's
estimated annual entitlement as determined by this section.
(B) A second apportionment by March 1 of each fiscal year. This
apportionment shall be 75 percent of the charter school's estimated
annual entitlement, as adjusted for any revisions in cost,
enrollment, and other data relevant to computing the charter school's
annual entitlement, less any funding already apportioned to the
charter school.
(C) A third apportionment within 30 days of the end of each fiscal
year or 30 days after receiving the data and documentation needed to
compute the charter school's total annual entitlement, whichever is
later. This apportionment shall be the charter school's total annual
entitlement less any funding already apportioned to the charter
school.
(D) Notwithstanding
subparagraph (A), the initial apportionment in the 2013-14 fiscal
year shall be made by October 15, 2013, or 105 days after enactment
of the Budget Act of 2013, whichever is later.
(d) For the purposes of this section:
(1) The California School Finance Authority shall use prior year
data on pupil eligibility for free or reduced-price meals for the
charter schoolsite and prior year rent or lease costs provided by
charter schools to determine eligibility for the grant program until
current year data and actual rent or lease costs become known or
until June 30 of each fiscal year.
(2) If prior year rent or lease costs are unavailable, and the
current year lease and rent costs are not immediately available, the
California School Finance Authority shall use rent or lease cost
estimates provided by the charter school.
(3) The California School Finance Authority shall verify that the
grant amount awarded to each charter school is consistent with
eligibility requirements as specified in this section and in
regulations adopted by the authority. If it is determined by the
California School Finance Authority that a charter school did not
receive the proper grant award amount, either the charter school
shall transfer funds back to the authority as necessary within 60
days of being notified by the authority, or the authority shall
provide an additional apportionment as necessary to the charter
school within 60 days of notifying the charter school, subject to the
availability of funds.
(d)
(e) Funds appropriated for purposes of this section
shall not be apportioned for any of the following:
(1) Units of average daily attendance generated through
nonclassroom-based instruction as defined by paragraph (2) of
subdivision (d) of Section 47612.5 or that does not comply with
conditions or limitations set forth in regulations adopted by the
state board pursuant to this section.
(2) Charter schools occupying existing school district or county
office of education facilities , except that charter schools
shall be eligible for the portions of their facilities that are not
existing sch ool district or county office of education
facilities .
(3) Charter schools receiving reasonably equivalent facilities
from their chartering authority authorities
pursuant to Section 47614 , except that charter schools
shall be eligible for the portions of their facilities that are not
reasonably equivalent facilities received from their chartering
authorities .
(e)
(f) Funds appropriated for purposes of this section
shall be used for costs associated with facilities rents and leases,
consistent with the definitions used in the California School
Accounting Manual or regulations adopted by the California
School Finance Authority . These funds also may be used for
costs, including, but not limited to, costs associated with
remodeling buildings, deferred maintenance, initially installing or
extending service systems and other built-in equipment, and improving
sites.
(f)
(g) If an existing charter school located in an
elementary attendance area in which less than 50 percent of pupil
enrollment is eligible for free or reduced price
reduced-price meals relocates to an attendance area
identified in paragraph (2) of subdivision (c), admissions preference
shall be given to pupils who reside in the elementary school
attendance area into which the charter school is relocating.
(g)
(h) The Superintendent
California School Finance Authority annually shall report to
the state board department and the Director
of Finance, and post information on its Internet Web site,
regarding the use of funds that have been made available during the
fiscal year to each charter school pursuant to the grant program.
(h) It is the intent of the Legislature that not less than
eighteen million dollars ($18,000,000) annually be appropriated for
purposes of the grant program on the same basis as other elementary
and secondary education categorical programs.
(i) The Superintendent California School
Finance Authority, commencing with the 2013-14 fiscal year,
shall annually allocate the facilities grants to eligible charter
schools no later than October 1 of each fiscal year or 90
days after enactment of the annual Budget Act, whichever is later,
according to the schedule in paragraph (4) of
subdivision (c) for the current school year rent and lease
costs. However, the department California
School Finance Authority shall first use the funding
appropriated for this program to reimburse eligible charter schools
for unreimbursed rent or lease costs for the prior school year.
(j) It is the intent of the Legislature that the funding level for
the Charter School Facility Grant Program for the 2012-13 fiscal
year be considered the base level of funding for subsequent fiscal
years.
(k) The Controller shall include instructions appropriate to the
enforcement of this section in the audit guide required by
subdivision (a) of Section 14502.1.
(l) The California School Finance Authority, effective with the
2013-14 fiscal year, shall be considered the senior creditor for
purposes of satisfying audit findings pursuant to the audit
instructions to be developed pursuant to subdivision (k).
(m) The California School Finance Authority shall adopt emergency
regulations to implement this section.
SEC. 38. Section 47614.7 of the
Education Code is repealed.
47614.7. (a) The Budget Act for the 2008-09 fiscal year and the
Budget Acts for each fiscal year thereafter shall appropriate to the
department for the purpose of the Charter School Facility Grant
Program, as set forth in Section 47614.5, an amount equal to the
amount appropriated for the program in the 2007-08 fiscal year, plus
the amount equal to the reduction in funding for the Year-Round
School Grant Program (Article 3 (commencing with Section 42260) of
Chapter 7 of Part 24 of Division 3) associated with the reduction in
the grants for year-round schools that is set forth in Section 42270.
(b) If this act is enacted after the Budget Act of 2008 is enacted
and if the Budget Act of 2008 does not reflect the reallocation of
funds as specified in subdivision (a), the Director of Finance, upon
notice to the Joint Legislative Budget Committee, shall transfer 20
percent of the amount appropriated in Item 6110-224-0001 to Item
6110-220-0001 of Section 2.00 of the Budget Act of 2008 to accomplish
the reallocation of funding specified in subdivision (a).
(c) If the Budget Act for any of the 2009-10 to 2012-13 fiscal
years, inclusive, does not reflect the reallocation of funds
specified in subdivision (a), the Director of Finance, upon notice to
the Joint Legislative Budget Committee, shall transfer an amount
appropriated in Item 6110-224-0001 of Section 2.00 of the Budget Act
for any of those fiscal years, as applicable, to Item 6110-200-0001
of Section 2.00 of the Budget Act for that fiscal year in order to
accomplish the reallocation of funds specified in subdivision (a).
The total amount of the reallocation in each fiscal year pursuant to
this subdivision shall be no less than the applicable amount
specified in the following schedule:
(1) For the 2009-10 fiscal year, 40 percent of the amount expended
from Item 6110-224-0001 of Section 2.00 of the Budget Act of 2007.
(2) For the 2010-11 fiscal year, 60 percent of the amount expended
from Item 6110-224-0001 of Section 2.00 of the Budget Act of 2007.
(3) For the 2011-12 fiscal year, 80 percent of the amount expended
from Item 6110-224-0001 of Section 2.00 of the Budget Act of 2007.
(4) For the 2012-13 fiscal year, 100 percent of the amount
expended from Item 6110-224-0001 of Section 2.00 of the Budget Act of
2007.
(d) It is the intent of the Legislature that the funding level for
the Charter Schools Facility Grant Program for the 2012-13 fiscal
year be considered the base level of funding for subsequent fiscal
years.
SEC. 39. Section 49430.5 of the
Education Code is amended to read:
49430.5. (a) The reimbursement a school receives for free and
reduced price reduced-price meals sold
or served to pupils in elementary, middle, or high schools included
within a school district, charter school, or county office of
education shall be twenty-one cents ($0.21)
twenty-two and twenty-nine hundredths cents ($0.2229) per meal, and,
for meals served in child care centers and homes, the reimbursement
shall be sixteen and six tenths cents ($0.1660) per meal
.
(b) To qualify for the reimbursement for free and reduced
price reduced-price meals provided to pupils in
elementary, middle, or high schools, a school shall follow the
Enhanced Food Based Meal Pattern, Nutrient Standard Meal Planning, or
Traditional Meal Pattern developed by the United States Department
of Agriculture or the SHAPE Menu Patterns developed by the state.
(c) The reimbursement rates set forth in this section shall be
adjusted annually for increases in cost of living in the same manner
set forth in Section 42238.1.
SEC. 40. Section 52055.770 of the
Education Code is amended to read:
52055.770. (a) School districts and chartering authorities shall
receive funding at the following rate, on behalf of funded schools:
(1) For kindergarten and grades 1 to 3, inclusive, five hundred
dollars ($500) per enrolled pupil in funded schools.
(2) For grades 4 to 8, inclusive, nine hundred dollars ($900) per
enrolled pupil in funded schools.
(3) For grades 9 to 12, inclusive, one thousand dollars ($1,000)
per enrolled pupil in funded schools.
(b) For purposes of subdivision (a), enrollment of a pupil in a
funded school in the prior fiscal year shall be based on data from
the CBEDS. For the 2007-08 fiscal year, the funded rates shall be
reduced to reflect the percentage difference in the total amounts
appropriated for purposes of this section in that year compared to
the amounts appropriated for purposes of this section in the 2008-09
fiscal year.
(c) The following amounts are hereby appropriated from the General
Fund for the purposes set forth in subdivision (g):
(1) For the 2007-08 fiscal year, three hundred million dollars
($300,000,000), to be allocated as follows:
(A) Thirty-two million dollars ($32,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges for the purpose of providing funding to the community
colleges to improve and expand career technical education in public
secondary education and lower division public higher education
pursuant to Section 88532, including the hiring of additional faculty
to expand the number of career technical education programs and
course offerings.
(B) Two hundred sixty-eight million dollars ($268,000,000) for
transfer by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(2) For each of the 2008-09, 2011-12, and 2014-15
2008-09 and 2011-12 fiscal years, four hundred
fifty million dollars ($450,000,000) per fiscal year, to be allocated
as follows:
(A) Forty-eight million dollars ($48,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (e) for the 2008-09 fiscal
year, and under subdivision (f) for the 2011-12 and 2014-15
fiscal years year .
(B) Four hundred two million dollars ($402,000,000) for transfer
by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(3) For the 2009-10 fiscal year, thirty million dollars
($30,000,000), to be allocated for transfer by the Controller to
Section B of the State School Fund for allocation by the Chancellor
of the California Community Colleges to community colleges as
required under subdivision (e).
(4) For the 2010-11 fiscal year, four hundred twenty million
dollars ($420,000,000), to be allocated as follows:
(A) Eighteen million dollars ($18,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (e).
(B) Four hundred two million dollars ($402,000,000) for transfer
by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(5) For the 2014-15 fiscal year, the amount of the difference
between the sum of amounts appropriated under paragraphs (1) to (4),
inclusive, and Section 41207.6, and the total fiscal settlement
agreed to by the parties in California Teachers Association, et al.
v. Arnold Schwarzenegger (Super. Ct., Sacramento County, 2006, No.
05CS01165), to be allocated pursuant to subparagraphs (A) and (B).
The sum of all fiscal years of funding provided pursuant to this
section and Section 41207.6 shall not exceed the total funds agreed
to by those parties, in accordance with both of the following:
(A) Eleven percent for transfer by the Controller to Section B of
the State School Fund for allocation by the Chancellor of the
California Community Colleges to community colleges as required under
subdivision (e).
(B) Eighty-nine percent for transfer by the Controller to Section
A of the State School Fund for allocation by the Superintendent
pursuant to this article.
(5)
(6) Commencing with the 2010-11 fiscal year, payments
made pursuant to this subdivision shall be made only on or after
October 8 of each fiscal year.
(d) For the 2014-15 fiscal year, the amounts appropriated
under subdivision (c) shall be adjusted to reflect the total fiscal
settlement agreed to by the parties in California Teachers
Association, et al. v. Arnold Schwarzenegger (Case Number 05CS01165
of the Superior Court for the County of Sacramento) and the sum of
all fiscal years of funding provided pursuant to this section and
Section 41207.6 shall not exceed the total funds agreed to by those
parties. This The annual appropriation made
under this section shall continue to be made until the
Director of Finance reports to the Legislature, along with all
proposed adjustments to the Governor's Budget pursuant to Section
13308 of the Government Code, that the sum of appropriations made and
allocated pursuant to subdivision (c) equals the total outstanding
balance of the minimum state educational funding obligation to school
districts and community college districts required by Section 8 of
Article XVI of the California Constitution and Chapter 213 of the
Statutes of 2004 for the 2004-05 and 2005-06 fiscal years, as
determined in subdivision (a) or (b) of Section 41207.1.
(e) The sum transferred under subparagraph (A) of paragraph (2) of
subdivision (c) for the 2008-09 fiscal year shall be allocated by
the Chancellor of the California Community Colleges as follows:
(1) Thirty-eight million dollars ($38,000,000) to the community
colleges for the purpose of providing funding to the community
colleges to improve and expand career technical education in public
secondary education and lower division public higher education
pursuant to Section 88532, including the hiring of additional faculty
to expand the number of career technical education programs and
course offerings.
(2) Ten million dollars ($10,000,000) to the community colleges
for the purpose of providing one-time block grants to community
college districts to be used for one-time items of expenditure,
including, but not limited to, the following purposes:
(A) Physical plant, scheduled maintenance, deferred maintenance,
and special repairs.
(B) Instructional materials and support.
(C) Instructional equipment, including equipment related to career
technical education, with priority for nursing program equipment.
(D) Library materials.
(E) Technology infrastructure.
(F) Hazardous substances abatement, cleanup, and repair.
(G) Architectural barrier removal.
(H) State-mandated local programs.
(3) The Chancellor of the California Community Colleges shall
allocate the amount allocated pursuant to paragraph (2) to community
college districts on an equal amount per actual full-time equivalent
student (FTES) reported for the prior fiscal year, except that each
community college district shall be allocated an amount not less than
fifty thousand dollars ($50,000), and the equal amount per unit of
FTES shall be computed accordingly.
(4) Funds allocated under paragraph (2) shall supplement and not
supplant existing expenditures and may not be counted as the
community college district contribution for physical plant projects
and instructional material purchases funded in Item 6870-101-0001 of
Section 2.00 of the annual Budget Act.
(f) For each of the 2011-12 and 2014-15 fiscal years, the sum
transferred pursuant to subparagraph (A) of paragraph (2) and
subparagraph (A) of paragraph (5) of subdivision (c) shall be
allocated by the Chancellor of the California Community Colleges to
the community colleges for the purpose of improving and expanding
career technical education in public secondary education and lower
division public higher education pursuant to Section 88532, including
the hiring of additional faculty to expand the number of career
technical education programs and course offerings.
(g) The appropriations made under subdivision (c) and the amount
specified in Section 41207.6 are for the purpose of discharging in
full the minimum state educational funding obligation to school
districts and community college districts pursuant to Section 8 of
Article XVI of the California Constitution and Chapter 213 of the
Statutes of 2004 for the 2004-05 fiscal year, and the outstanding
maintenance factor for the 2005-06 fiscal year resulting from this
additional payment of the Chapter 213 amount for the 2004-05 fiscal
year.
(h) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, including computation
of the state's minimum funding obligation to school districts and
community college districts in subsequent fiscal years, the first one
billion six hundred twenty million nine hundred twenty-eight
thousand dollars ($1,620,928,000) in appropriations made pursuant to
subdivision (c) and the amount specified in Section 41207.6 shall be
deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 and
"General Fund Revenues appropriated for community college districts,"
as defined in subdivision (d) of Section 41202, for the 2004-05
fiscal year and included within the "total allocations to school
districts and community college districts from General Fund proceeds
of taxes appropriated pursuant to Article XIII B," as defined in
subdivision (e) of Section 41202, for that fiscal year. The remaining
appropriations made pursuant to subdivision (c) and the amount
specified in Section 41207.6 shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 , and "General Fund
revenues appropriated for community college districts," as defined in
subdivision (d) of Section 41202, for the 2005-06 fiscal year and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for that fiscal year.
(i) From funds appropriated under subdivision (c), the
Superintendent shall provide both of the following:
(1) Not more than two million dollars ($2,000,000) annually to
county superintendents of schools to carry out the requirements of
this article, allocated in a manner similar to that created to carry
out the new duties of those superintendents under the settlement
agreement in the case of Williams v. California (Super. Ct. San
Francisco, No. CGC-00-312236).
(2) Five million dollars ($5,000,000) in the 2007-08 fiscal year
to support regional assistance under Section 52055.730. It is the
intent of the Legislature that the Superintendent and the president
of the state board or his or her designee, along with county offices
of education, seek foundational and other financial support to
sustain and expand these services. Funds provided under this
paragraph that are not expended in the 2007-08 fiscal year shall be
reappropriated for use in subsequent fiscal years for the same
purpose.
(j) Notwithstanding any other law, funds appropriated under
subdivision (c) but not allocated to schools with kindergarten or
grades 1 to 12, inclusive, in a fiscal year, due to program
termination in any year or otherwise, shall be reappropriated in
furtherance of the purposes of this article. First priority for those
amounts shall be to provide cost-of-living increases and enrollment
growth adjustments to funded schools.
(k) The sum of three hundred fifty thousand dollars ($350,000) is
hereby appropriated from the General Fund to the department to fund
3.0 positions to implement this article. Funding provided under this
subdivision is not part of funds provided pursuant to subdivision
(c).
SEC. 41. Section 56520 of the Education
Code is amended to read:
56520. (a) The Legislature finds and declares all of the
following:
(1) That the state has continually sought to provide an
appropriate and meaningful educational program in a safe and healthy
environment for all children regardless of possible physical, mental,
or emotionally disabling conditions.
(2) That teachers of children with special needs require training
and guidance that provides positive ways for working successfully
with children who have difficulties conforming to acceptable
behavioral patterns in order to provide an environment in which
learning can occur.
(2) That some schoolage individuals with exceptional needs have
significant behavioral challenges that have an adverse impact on
their learning or the learning of other pupils, or both.
(3) That Section 1400(c)(5)(F) of Title 20 of the United States
Code states that research and experience demonstrate that the
education of children with disabilities can be made more effective by
providing incentives for positive behavioral interventions and
supports to address the learning and behavioral needs of those
children.
(3)
(4) That procedures for the elimination of maladaptive
behaviors shall not include those deemed unacceptable under Section
49001 or those that cause pain or trauma.
(b) It is the intent of the Legislature:
(1) That children exhibiting serious behavioral challenges receive
timely and appropriate assessments and positive supports and
interventions in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its
implementing regulations.
(2) That assessments and positive behavioral interventions and
supports be developed and implemented in a manner informed by
guidance from the United States Department of Education and technical
assistance centers sponsored by the Office of Special Education
Programs of the United States Department of Education.
(1)
(3) That when behavioral interventions , supports,
and other strategies are used, they be used in consideration
of the pupil's physical freedom and social interaction, be
administered in a manner that respects human dignity and personal
privacy, and that ensure a pupil's right to placement in the least
restrictive educational environment.
(2)
(4) That behavioral management
intervention plans be developed and used, to the extent
possible, in a consistent manner when the pupil is also the
responsibility of another agency for residential care or related
services.
(3) That a statewide study be conducted of the use of behavioral
interventions with California individuals with exceptional needs
receiving special education and related services.
(4)
(5) That training programs be developed and implemented
in institutions of higher education that train teachers and that
in-service training programs be made available as necessary in school
districts and county offices of education to assure
ensure that adequately trained staff are
available to work effectively with the behavioral intervention needs
of individuals with exceptional needs.
SEC. 42. Section 56521.1 is added to the
Education Code , to read:
56521.1. (a) Emergency interventions may only be used to control
unpredictable, spontaneous behavior that poses clear and present
danger of serious physical harm to the individual with exceptional
needs, or others, and that cannot be immediately prevented by a
response less restrictive than the temporary application of a
technique used to contain the behavior.
(b) Emergency interventions shall not be used as a substitute for
the systematic behavioral intervention plan that is designed to
change, replace, modify, or eliminate
a targeted behavior.
(c) No emergency intervention shall be employed for longer than is
necessary to contain the behavior. A situation that requires
prolonged use of an emergency intervention shall require the staff to
seek assistance of the schoolsite administrator or law enforcement
agency, as applicable to the situation.
(d) Emergency interventions shall not include:
(1) Locked seclusion, unless it is in a facility otherwise
licensed or permitted by state law to use a locked room.
(2) Employment of a device, material, or objects that
simultaneously immobilize all four extremities, except that
techniques such as prone containment may be used as an emergency
intervention by staff trained in those procedures.
(3) An amount of force that exceeds that which is reasonable and
necessary under the circumstances.
(e) To prevent emergency interventions from being used in lieu of
planned, systematic behavioral interventions, the parent, guardian,
and residential care provider, if appropriate, shall be notified
within one schoolday if an emergency intervention is used or serious
property damage occurs. A behavioral emergency report shall
immediately be completed and maintained in the file of the individual
with exceptional needs. The behavioral emergency report shall
include all of the following:
(1) The name and age of the individual with exceptional needs.
(2) The setting and location of the incident.
(3) The name of the staff or other persons involved.
(4) A description of the incident and the emergency intervention
used, and whether the individual with exceptional needs is currently
engaged in any systematic behavioral intervention plan.
(5) Details of any injuries sustained by the individual with
exceptional needs, or others, including staff, as a result of the
incident.
(f) All behavioral emergency reports shall immediately be
forwarded to, and reviewed by, a designated responsible
administrator.
(g) If a behavioral emergency report is written regarding an
individual with exceptional needs who does not have a behavioral
intervention plan, the designated responsible administrator shall,
within two days, schedule an individualized education program (IEP)
team meeting to review the emergency report, to determine the
necessity for a functional behavioral assessment, and to determine
the necessity for an interim plan. The IEP team shall document the
reasons for not conducting the functional behavioral assessment, not
developing an interim plan, or both.
(h) If a behavioral emergency report is written regarding an
individual with exceptional needs who has a positive behavioral
intervention plan, an incident involving a previously unseen serious
behavior problem, or where a previously designed intervention is
ineffective, shall be referred to the IEP team to review and
determine if the incident constitutes a need to modify the positive
behavioral intervention plan.
SEC. 43. Section 56521.2 is added to the
Education Code , to read:
56521.2. (a) A local educational agency or nonpublic,
nonsectarian school or agency serving individuals with exceptional
needs pursuant to Sections 56365 and 56366, shall not authorize,
order, consent to, or pay for the following interventions, or any
other interventions similar to or like the following:
(1) Any intervention that is designed to, or likely to, cause
physical pain, including, but not limited to, electric shock.
(2) An intervention that involves the release of noxious, toxic,
or otherwise unpleasant sprays, mists, or substances in proximity to
the face of the individual.
(3) An intervention that denies adequate sleep, food, water,
shelter, bedding, physical comfort, or access to bathroom facilities.
(4) An intervention that is designed to subject, used to subject,
or likely to subject, the individual to verbal abuse, ridicule, or
humiliation, or that can be expected to cause excessive emotional
trauma.
(5) Restrictive interventions that employ a device, material, or
objects that simultaneously immobilize all four extremities,
including the procedure known as prone containment, except that prone
containment or similar techniques may be used by trained personnel
as a limited emergency intervention.
(6) Locked seclusion, unless it is in a facility otherwise
licensed or permitted by state law to use a locked room.
(7) An intervention that precludes adequate supervision of the
individual.
(8) An intervention that deprives the individual of one or more of
his or her senses.
(b) In the case of a child whose behavior impedes the child's
learning or that of others, the individualized education program team
shall consider the use of positive behavioral interventions and
supports, and other strategies, to address that behavior, consistent
with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United
States Code and associated federal regulations.
SEC. 44. Section 56523 of the Education
Code is amended to read:
56523. (a) On or before September 1, 1992, the
The Superintendent shall develop and the board
shall adopt repeal those regulations governing
the use of behavioral interventions with individuals with exceptional
needs receiving special education and related services.
services that are no longer supported by statute,
including Section 3052 and subdivisions (d), (e), (f), (g), and (ab)
of Section 30 01 of Title 5 of the California Code of
Regulations, as those provisions existed on January 10, 2013.
(b) This section and the implementing regulations adopted
by the board are declaratory of federal law and deemed
chapter is necessary to implement the federal Individuals
with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and
associated federal regulations. This section
chapter is intended to provide the clarity, definition, and
specificity necessary for local educational agencies to comply with
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.). This section, including the implementing
state regulations needed to implement federal law and regulations,
shall not exceed the requirements of federal law, create new or
separate state requirements, or result in a level of state service
beyond that needed to comply with federal law and regulations
seq.) and shall be implemented by local educational
agencies without the development by the Superintendent and adoption
by the state board of any additional regulations .
(c) Pursuant to Section 1401(9) of Title 20 of the United States
Code, special education and related services must meet the standards
of the department.
(c)
(d) As a condition of receiving funding from the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.), a local educational agency shall agree to adhere to
this chapter and implementing federal regulations
and state regulations set forth in this section
chapter .
(d)
(e) The Superintendent may monitor local educational
agency compliance with this section chapter
and may take appropriate action, including fiscal
repercussions, if either of the following is found:
(1) The local educational agency failed to comply with this
section and implementing regulations that govern the
provision of special education and related services to individuals
with exceptional needs chapter and failed to
comply substantially with corrective action orders issued by the
department resulting from monitoring findings or complaint
investigations.
(2) The local educational agency failed to implement the decision
of a due process hearing officer based on noncompliance with this
part, the state implementing regulations,
provisions of the federal Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.), or the federal implementing
regulations, wherein noncompliance resulted in the denial of, or
impeded the delivery of, a free appropriate public education for an
individual with exceptional needs.
(e)
(f) Commencing with the 2010-11 fiscal year, if any
activities authorized pursuant to this section
chapter and implementing regulations are found be a state
reimbursable mandate pursuant to Section 6 of Article XIII B of the
California Constitution, state funding provided for purposes of
special education pursuant to Item 6110-161-0001 of Section 2.00 of
the annual Budget Act shall first be used to directly offset any
mandated costs.
(f) Contingent on the adoption of a statute in the 2009-10 Regular
Session that adds Section 17570.1 to the Government Code, the
Legislature hereby requests the Department of Finance on or before
December 31, 2010, to exercise its authority pursuant to subdivision
(c) of Section 17570 of the Government Code and file a request with
the Commission on State Mandates for the purpose of seeking the
adoption of a new test claim to supersede CSM-4464 based on
subsequent changes in law that may modify a requirement that the
state reimburse a local government for a state mandate.
(g) The regulations shall do all of the following:
(1) Specify the types of positive behavioral interventions which
may be utilized and specify that interventions which cause pain or
trauma are prohibited.
(2) Require that, if appropriate, the pupil's individual education
plan includes a description of the positive behavioral interventions
to be utilized which accomplishes the following:
(A) Assesses the appropriateness of positive interventions.
(B) Assures the pupil's physical freedom, social interaction, and
individual choices.
(C) Respects the pupil's human dignity and personal privacy.
(D) Assures the pupil's placement in the least restrictive
environment.
(E) Includes the method of measuring the effectiveness of the
interventions.
(F) Includes a timeline for the regular and frequent review of the
pupil's progress.
(3) Specify standards governing the application of restrictive
behavioral interventions in the case of emergencies. These
emergencies must pose a clear and present danger of serious physical
harm to the pupil or others. These standards shall include:
(A) The definition of an emergency.
(B) The types of behavioral interventions that may be utilized in
an emergency.
(C) The duration of the intervention which shall not be longer
than is necessary to contain the dangerous behavior.
(D) A process and timeline for the convening of an individual
education plan meeting to evaluate the application of the emergency
intervention and adjust the pupil's individual education plan in a
manner designed to reduce or eliminate the negative behavior through
positive programming.
(E) A process for reporting annually to the department and the
Advisory Commission on Special Education the number of emergency
interventions applied under this chapter.
(g) The Legislature hereby requests the Department of Finance on
or before December 31, 2013, to exercise its authority pursuant to
subdivision (d) of Section 17557 of the Government Code to file a
request with the Commission on State Mandates for the purpose of
amending the parameters and guidelines of CSM-4464 to delete any
reimbursable activities that have been repealed by statute or
executive order and to update offsetting revenues that apply to the
mandated program.
SEC. 45. Section 56525 of the Education
Code is amended to read:
56525. (a) A person recognized by the national Behavior Analyst
Certification Board as a Board Certified Behavior Analyst
qualifies as a behavioral intervention case manager of a district,
special education local plan area, or county office and may
conduct behavior assessments and provide behavioral intervention
services for individuals with exceptional needs.
(b) This section does not require a district, special education
local plan area, or county office to use a Board Certified Behavior
Analyst as a behavioral intervention case manager
to conduct behavior assessments and provide behavioral
intervention services for individuals with exceptional needs .
SEC. 46. Section 56836.02 of the
Education Code is amended to read:
56836.02. (a) The
superintendent Superintendent shall apportion
funds from Section A of the State School Fund to districts and county
offices of education in accordance with the allocation plan adopted
pursuant to Section 56836.05, unless the allocation plan specifies
that funds be apportioned to the administrative unit of the special
education local plan area. If the allocation plan specifies that
funds be apportioned to the administrative unit of the special
education local plan area, the administrator of the special education
local plan area shall, upon receipt, distribute the funds in
accordance with the method adopted pursuant to subdivision (i) of
Section 56195.7. The allocation plan shall, prior to
before submission to the superintendent
Superintendent , be approved according to the
local policymaking process established by the special education local
plan area.
(b) The superintendent shall apportion funds for regionalized
services and program specialists from Section A of the State School
Fund to the administrative unit of each special education local plan
area. Upon receipt, the administrator of a special education local
plan area shall direct the administrative unit of the special
education local plan area to distribute the funds in accordance with
the budget plan adopted pursuant to paragraph (1) of subdivision (b)
of Section 56205.
SEC. 47. Section 56836.08 of the
Education Code is amended to read:
56836.08. (a) For the 1998-99 fiscal year, the
superintendent Superintendent shall make the
following computations to determine the amount of funding for each
special education local plan area:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area pursuant to
paragraph (1) of subdivision (a) of Section 56836.10 to the inflation
adjustment computed pursuant to subdivision (d) for the 1998-99
fiscal year.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the 1997-98 fiscal year, exclusive of average daily
attendance for absences excused pursuant to subdivision (b) of
Section 46010, as that subdivision read on July 1, 1996.
(3) Add the actual amount of the equalization adjustment, if any,
computed for the 1998-99 fiscal year pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4) Add or subtract, as appropriate, the adjustment for growth
computed pursuant to Section 56836.15 from the amount computed in
paragraph (3).
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the superintendent Superintendent
shall make the following computations to determine the amount of
funding for each special education local plan area for the fiscal
year in which the computation is made:
(1) Add the amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year pursuant to Section 56836.10 to the inflation adjustment
computed pursuant to subdivision (d) through the 2012-13 fiscal
year, and for the 2013-14 fiscal year and each fiscal year
thereafter, the inflation adjustment computed pursuant to subdivision
(g), for the fiscal year in which the computation is made.
(2) Multiply the amount computed in paragraph (1) by the units of
average daily attendance reported for the special education local
plan area for the prior fiscal year.
(3) Add the actual amount of the equalization adjustment, if any,
computed for the special education local plan area for the fiscal
year in which the computation is made pursuant to Section 56836.14 to
the amount computed in paragraph (2).
(4)
(3) Add or subtract, as appropriate, the adjustment for
growth or decline in enrollment, if any, computed for the special
education local plan area for the fiscal year in which the
computation is made pursuant to Section 56836.15 from the amount
computed in paragraph (3) ( 2)
.
(c) For the 1998-99 fiscal year and each fiscal year
thereafter, to the 2012-13 fiscal year, inclusive,
the superintendent Superintendent
shall make the following computations to determine the amount of
General Fund moneys that the special education local plan area may
claim:
(1) Add the total of the amount of property taxes for the special
education local plan area pursuant to Section 2572 for the fiscal
year in which the computation is made to the amount of federal funds
allocated for the purposes of paragraph (1) of subdivision (a) of
Section 56836.09 for the fiscal year in which the computation is
made.
(2) Add the amount of funding computed for the special education
local plan area pursuant to subdivision (a) for the 1998-99 fiscal
year, and commencing with the 1999-2000 fiscal year and each
fiscal year thereafter, to the 2012-13 fiscal year,
inclusive, the amount computed for the fiscal year in which the
computations were made pursuant to subdivision (b) to the amount of
funding computed for the special education local plan area pursuant
to Article 3 (commencing with Section 56836.16).
(3) Subtract the sum computed in paragraph (1) from the sum
computed in paragraph (2).
(d) For the 1998-99 fiscal year and each fiscal year
thereafter, to the 2012-13 fiscal year, inclusive,
the superintendent Superintendent
shall make the following computations to determine the inflation
adjustment for the fiscal year in which the computation is made:
(1) For the 1998-99 fiscal year, multiply the sum of the statewide
target amount per unit of average daily attendance for special
education local plan areas for the 1997-98 fiscal year computed
pursuant to paragraph (3) of subdivision (a) of Section 56836.11 and
the amount determined pursuant to paragraph (e) of Section 56836.155
for the 1997-98 fiscal year that corresponds to the amount determined
pursuant to paragraph (1) of subdivision (d) of Section 56836.155 by
the inflation adjustment computed pursuant to Section 42238.1 for
the 1998-99 fiscal year.
(2) For the 1999-2000 fiscal year and each fiscal year
thereafter, to the 2012-13 fiscal year, inclusive,
multiply the sum of the statewide target amount per unit of
average daily attendance for special education local plan areas for
the prior fiscal year computed pursuant to Section 56836.11 and the
amount determined pursuant to paragraph (1) of subdivision (d) of
Section 56836.155 for the prior fiscal year by the inflation
adjustment computed pursuant to Section 42238.1 for the fiscal year
in which the computation is made.
(3) For the purposes of computing the inflation
adjustment for the special education local plan area identified as
the Los Angeles County Juvenile Court and Community School/Division
of Alternative Education Special Education Local Plan Area for the
1998-99 fiscal year and each fiscal year thereafter,
to the 2012-13 fiscal year, inclusive, the
superintendent Superintendent shall
multiply the amount of funding per unit of average daily attendance
computed for that special education local plan area for the prior
fiscal year pursuant to Section 56836.10 by the inflation adjustment
computed pursuant to Section 42238.1 for the fiscal year in which the
computation is being made.
(e) For the 1998-99 fiscal year and each fiscal year thereafter to
and including the 2002-03 fiscal year, the superintendent
Superintend ent shall perform the
calculation set forth in Section 56836.155 to determine the adjusted
entitlement for the incidence of disabilities for each special
education local plan area, but this amount shall not be used in the
next fiscal year to determine the base amount of funding for each
special education local plan area for the current fiscal year, except
as specified in this article.
(f) Notwithstanding any other law, for the 2013-14 fiscal year and
each fiscal year thereafter, the Superintendent shall make the
following computations to determine the amount of General Fund moneys
that the special education local plan area may claim:
(1) Determine the total amount of property taxes for the special
education local plan area pursuant to Section 2572 for the fiscal
year in which the computation is made.
(2) Calculate the amount of funding computed for the special
education local plan area pursuant to subdivision (b) for the fiscal
year in which the computation is made.
(3) Subtract the amount computed in paragraph (1) from the amount
computed in paragraph (2).
(g) For the 2013-14 fiscal year and each fiscal year thereafter,
the Superintendent shall make the following computations to determine
the inflation adjustment for the fiscal year in which the
computation is made:
(1) Multiply the statewide target amount per unit of average daily
attendance for special education local plan areas for the prior
fiscal year computed pursuant to Section 56836.11 by the inflation
factor computed pursuant to Section 42238.1, as that section read on
January 1, 2013, or any successor section of law enacted by the
Legislature that specifies the inflation factor contained in Section
42238.1, as that section read on January 1, 2013, for application to
the 2013-14 fiscal year and each fiscal year thereafter.
(2) For purposes of computing the inflation adjustment for the
special education local plan area identified as the Los Angeles
County Juvenile Court and Community School/Division of Alternative
Education Special Education Local Plan Area, the Superintendent shall
multiply the amount of funding per unit of average daily attendance
computed for that special education local plan area for the prior
fiscal year pursuant to Section 56836.10 by the inflation factor
computed pursuant to Section 42238.1, as that section read on January
1, 2013, or any successor section of law enacted by the Legislature
that specifies the inflation factor contained in Section 42238.1, as
that section read on January 1, 2013, for application to the 2013-14
fiscal year and each fiscal year thereafter.
SEC. 48. Section 56836.10 of the
Education Code is amended to read:
56836.10. (a) The superintendent
Superintendent shall make the following computations to
determine the amount of funding per unit of average daily attendance
for each special education local plan area for the 1998-99 fiscal
year:
(1) Divide the amount of funding for the special education local
plan area computed for the 1997-98 fiscal year pursuant to Section
56836.09 by the number of units of average daily attendance,
exclusive of average daily attendance for absences excused pursuant
to subdivision (b) of Section 46010 as that subdivision read on July
1, 1997, reported for the special education local plan area for the
1997-98 fiscal year.
(2) Add the amount computed in paragraph (1) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 fiscal year.
(b) Commencing with the 1999-2000
1999-2000 fiscal year and each fiscal year thereafter,
continuing through the 2012-13 fiscal year,
inclusive, the superintendent
Superintendent shall make the following computations to
determine the amount of funding per unit of average daily attendance
for each special education local plan area for the fiscal year in
which the computation is made:
(1) For the 1999-2000 fiscal year, divide the amount of funding
for the special education local plan area computed for the 1998-99
fiscal year pursuant to subdivision (a) of Section 56836.08 by the
number of units of average daily attendance upon which funding is
based pursuant to subdivision (a) of Section 56836.15 for the special
education local plan area for the 1998-99 fiscal year.
(2) For the 2000-01 fiscal year, and each fiscal year
thereafter, to the 2012-13 fiscal year,
inclusive, divide the amount of funding for the special
education local plan area computed for the prior fiscal year pursuant
to subdivision (b) of Section 56836.08 by the number of units of
average daily attendance upon which funding is based pursuant to
subdivision (a) of Section 56836.15 for the special education local
plan area for the prior fiscal year.
(c) Notwithstanding any other law, for the 2013-14 fiscal year,
the Superintendent shall make the following computations to determine
the amount of funding per unit of average daily attendance for each
special education local plan area:
(1) From the
amount of funding for the special education local plan area computed
for the 2012-13 fiscal year pursuant to subdivision (b) of Section
56836.08, subtract the total amount of federal funds apportioned to
the special education local plan area pursuant to Schedule (1) of
Item 6110-161-0890 of Section 2.00 of the Budget Act of 2013 for
purposes of special education for individuals with exceptional needs
enrolled in kindergarten and grades 1 to 12, inclusive.
(2) Divide the amount computed in paragraph (1) by the number of
units of average daily attendance upon which funding is based
pursuant to subdivision (a) of Section 56836.15 for the special
education local plan area for the 2012-13 fiscal year.
(d) For the 2014-15 fiscal year, and each fiscal year thereafter,
divide the amount of funding for the special education local plan
area computed for the prior fiscal year pursuant to subdivision (b)
of Section 56836.08 by the number of units of average daily
attendance upon which funding is based pursuant to subdivision (a) of
Section 56836.15 for the special education local plan area for the
prior fiscal year. For the 2014-15 fiscal year, the amount of funding
per unit of average daily attendance for each special education
local plan area shall include funding provided pursuant to Section
56836.145.
SEC. 49. Section 56836.11 of the
Education Code is amended to read:
56836.11. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the
1998-99 1998-99 fiscal year, the Superintendent
shall make the following computations to determine the statewide
target amount per unit of average daily attendance for special
education local plan areas:
(1) Total the amount of funding computed for each special
education local plan area exclusive of the amount of funding computed
for the special education local plan area identified as the Los
Angeles County Juvenile Court and Community School/Division of
Alternative Education Special Education Local Plan Area, pursuant to
Section 56836.09 for the 1997-98 1997-98
fiscal year.
(2) Total the number of units of average daily attendance reported
for each special education local plan area for the 1997-98
1997-98 fiscal year, exclusive of average daily
attendance for absences excused pursuant to subdivision (b) of
Section 46010 as that section read on July 1, 1996, and exclusive of
the units of average daily attendance computed for the special
education local plan area identified as the Los Angeles County
Juvenile Court and Community School/Division of Alternative Education
Special Education Local Plan Area.
(3) Divide the sum computed in paragraph (1) by the sum computed
in paragraph (2) to determine the statewide target amount for the
1997-98 1997-98 fiscal year.
(4) Add the amount computed in paragraph (3) to the inflation
adjustment computed pursuant to subdivision (d) of Section 56836.08
for the 1998-99 1998-99 fiscal year to
determine the statewide target amount for the 1998-99
1998-99 fiscal year.
(b) Commencing with the 1999-2000
1999-2000 fiscal year to the 2004-05
2004-05 fiscal year, inclusive, to determine the statewide
target amount per unit of average daily attendance for special
education local plan areas, the Superintendent shall multiply the
statewide target amount per unit of average daily attendance computed
for the prior fiscal year pursuant to this section by one plus the
inflation factor computed pursuant to subdivision (b) of Section
42238.1 for the fiscal year in which the computation is made.
(c) Commencing with the 2005-06 2005-06
fiscal year and each fiscal year thereafter, to determine the
statewide target amount per unit of average daily attendance for
special education local plan areas for the purpose of computing the
incidence multiplier pursuant to Section 56836.155, the
Superintendent shall add the statewide target amount per unit of
average daily attendance computed for the prior fiscal year for this
purpose to the amount computed in paragraph (2) of subdivision (d) or
paragraph (2) of subdivision (e), as appropriate.
(d) For the 2005-06 2005-06 fiscal
year, the Superintendent shall make the following computation to
determine the statewide target amount per unit of average daily
attendance to determine the inflation adjustment pursuant to
paragraph (2) of subdivision (d) of Section 56836.08 and growth
pursuant to subdivision (c) of Section 56836.15, as follows:
(1) The 2004-05 2004-05 fiscal year
statewide target amount per unit of average daily attendance less the
sum of the 2004-05 2004-05 fiscal year
total amount of federal funds apportioned pursuant to Schedule (1)
in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for
the purposes of special education for individuals
with exceptional needs enrolled in kindergarten and grades 1 to 12,
inclusive, divided by the total average daily attendance computed for
the 2004-05 2004-05 fiscal year.
(2) Multiply the amount computed in paragraph (1) by the inflation
factor computed pursuant to subdivision (b) of Section 42238.1 for
the fiscal year in which the computation is made.
(3) Add the amounts computed in paragraphs (1) and (2).
(e) Commencing with the 2006-07 2006-07
fiscal year and each fiscal year thereafter
continuing through the 2012-13 fiscal year, inclusive ,
the Superintendent shall make the following computation to determine
the statewide target amount per unit of average daily attendance for
special education local plan areas for the purpose of computing the
inflation adjustment pursuant to paragraph (2) of subdivision (d) of
Section 56836.08 and growth pursuant to subdivision (c) of Section
56836.15:
(1) The statewide target amount per unit of average daily
attendance computed for the prior fiscal year pursuant to this
section.
(2) Multiply the amount computed in paragraph (1) by the inflation
factor computed pursuant to subdivision (b) of Section 42238.1 for
the fiscal year in which the computation is made.
(3) Add the amounts computed in paragraphs (1) and (2).
(f) For the 2013-14 fiscal year, the Superintendent shall make the
following computations to determine the statewide target amount per
unit of average daily attendance to determine the inflation
adjustment pursuant to subdivision (g) of Section 56836.08 and growth
pursuant to subdivision (c) of Section 56836.15, as follows:
(1) Total the amount of funding computed for each special
education local plan area pursuant to the amount computed in
subdivision (b) of Section 56836.08 exclusive of the amount of
funding computed for the special education local plan area identified
as the Los Angeles County Juvenile Court and Community
School/Division of Alternative Education Special Education Local Plan
Area, for the 2013-14 fiscal year.
(2) Total the number of units of average daily attendance reported
for each special education local plan area for the 2012-13 fiscal
year, exclusive of the units of average daily attendance computed for
the special education local plan area identified as the Los Angeles
County Juvenile Court and Community School/Division of Alternative
Education Special Education Local Plan Area.
(3) Divide the sum computed in paragraph (1) by the sum computed
in paragraph (2).
(g) Commencing with the 2014-15 fiscal year and continuing each
fiscal year thereafter, the Superintendent shall make the following
computations to determine the statewide target amount per unit of
average daily attendance for special education local plan areas for
the purpose of computing the inflation adjustment pursuant to
subdivision (g) of Section 56836.08 and growth pursuant to
subdivision (c) of Section 56836.15:
(1) The statewide target amount per unit of average daily
attendance computed for the prior fiscal year pursuant to this
section.
(2) Multiply the amount computed in paragraph (1) by the inflation
factor computed pursuant to Section 42238.1, as that section read on
January 1, 2013, or any successor section of law enacted by the
Legislature that specifies the inflation factor contained in Section
42238.1, as that section read on January 1, 2013, for application to
the 2014-15 fiscal year and each fiscal year thereafter.
(3) Add the amounts computed in paragraphs (1) and (2).
SEC. 50. Section 56836.12 of the
Education Code is repealed.
56836.12. (a) For the purpose of computing the equalization
adjustment for special education local plan areas for the 1998-99
fiscal year, the superintendent shall make the following computations
to determine the amount that each special education local plan area
that has an amount per unit of average daily attendance that is below
the statewide target amount per unit of average daily attendance may
request as an equalization adjustment:
(1) Subtract the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (a) of Section 56836.10 from the statewide target amount
per unit of average daily attendance determined pursuant to
subdivision (a) of Section 56836.11.
(2) If the remainder computed in paragraph (1) is greater than
zero, multiply that remainder by the number of units of average daily
attendance reported for the special education local plan area for
the 1997-98 fiscal year, exclusive of average daily attendance for
absences excused pursuant to subdivision (b) of Section 46010, as
that section read on July 1, 1996.
(b) Commencing with the 1999-2000 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the amount that
each special education local plan area that has an amount per unit of
average daily attendance that is below the statewide target amount
per unit of average daily attendance may request as an equalization
adjustment:
(1) Add to the amount per unit of average daily attendance
computed for the special education local plan area pursuant to
subdivision (b) of Section 56836.10 for the fiscal year in which the
computation is made the inflation adjustment computed pursuant to
subdivision (d) of Section 56836.08 for the fiscal year in which the
computation is made.
(2) Subtract the amount computed pursuant to paragraph (1) from
the statewide target amount per unit of average daily attendance
computed pursuant to subdivision (b) of Section 56836.11 for the
fiscal year in which the computation is made.
(3) If the remainder computed in paragraph (2) is greater than
zero, multiply that remainder by the number of units of average daily
attendance reported for the special education local plan area for
the prior fiscal year, exclusive of average daily attendance for
absences excused pursuant to subdivision (b) of Section 46010, as
that section read on July 1, 1996.
(c) This section shall not apply to the special education local
plan area identified as the Los Angeles County Juvenile Court and
Community School/Division of Alternative Education Special Education
Local Plan Area.
SEC. 51. Section 56836.13 of the
Education Code is repealed.
56836.13. Commencing with the 1998-99 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the amount
available for making equalization adjustments for the fiscal year in
which the computation is made:
(a) Subtract the prior fiscal year funds pursuant to paragraph (1)
of subdivision (c) of Section 56836.08 from the current fiscal year
funds pursuant to paragraph (1) of subdivision (c) of Section
56836.08.
(b) The amount of any increase in federal funds computed pursuant
to subdivision (a) shall result in a reduction in state general funds
computed pursuant to paragraph (3) of subdivision (c) of Section
56836.08. This is the amount of state general funds that shall be
designated in the annual Budget Act for the purpose of Section
56836.12, as augmented by any deficiency appropriation, for the
purposes of equalizing funding for special education local plan areas
pursuant to this chapter.
(c) Until the actual amount of any increase in federal funds
pursuant to subdivision (a) can be determined for the current fiscal
year, equalization apportionments pursuant to Section 56836.12 shall
be certified based on the authority available in Item 6110-161-0001
of the Budget Act of 1998, or its successor in the annual Budget Act.
SEC. 52. Section 56836.14 of the
Education Code is repealed.
56836.14. Commencing with the 1998-99 fiscal year, through and
including the fiscal year in which equalization among the special
education local plan areas has been achieved, the superintendent
shall make the following computations to determine the actual amount
of the equalization adjustment for each special education local plan
area that has an amount per unit of average daily attendance that is
below the statewide target amount per unit of average daily
attendance:
(a) Add the amount determined for each special education local
plan area pursuant to Section 56836.12 for the fiscal year in which
the computation is made to determine the total statewide aggregate
amount necessary to fund each special education local plan area at
the statewide target amount per unit of average daily attendance for
special education local plan areas.
(b) Divide the amount computed in subdivision (a) by the amount
computed pursuant to Section 56836.13 to determine the percentage of
the total amount of funds necessary to fund each special education
local plan area at the statewide target amount per unit of average
daily attendance for special education local plan areas that are
actually available for that purpose.
(c) To determine the amount to allocate to the special education
local plan area for a special education local plan area equalization
adjustment, multiply the amount computed for the special education
local plan area pursuant to Section 56836.12, if any, by the
percentage determined in subdivision (b).
SEC. 53. Section 56836.145 is added to the
Education Code , to read:
56836.145. (a) For the 2013-14 fiscal year, the Superintendent
shall compute an equalization adjustment for each special education
local plan area, exclusive of the special education local plan area
identified as the Los Angeles County Juvenile Court and Community
School/Division of Alternative Education Special Education Local Plan
Area, so that the special education funding rate per unit of average
daily attendance calculated pursuant to subdivision (c) of Section
56836.10 of a special education local plan area is not less than the
special education funding rate per unit of average daily attendance
calculated pursuant to subdivision (c) of Section 56836.10 that does
not fall below more than 10 percent of the total statewide units of
average daily attendance for each special education local plan area.
(b) The Superintendent shall compute an equalization adjustment
for each special education local plan area's special education
funding rate per unit of average daily attendance, exclusive of the
special education local plan area identified as the Los Angeles
County Juvenile Court and Community School/Division of Alternative
Education Special Education Local Plan Area, as follows:
(1) Multiply the amount computed for each special education local
plan area pursuant to subdivision (a) by the average daily attendance
used to calculate the special education local plan area's special
education funding for the 2013-14 fiscal year.
(2) Divide the amount appropriated for purposes of this section
for the 2013-14 fiscal year by the statewide sum of the amount
computed pursuant to paragraph (1).
(3) Multiply the amount computed for the special education local
plan area pursuant to subdivision (a) by the amount computed pursuant
to paragraph (2).
(c) For purposes of this section, the statewide 90th percentile
special education funding rate determined pursuant to subdivision
(a), and the fraction computed pursuant to paragraph (2) of
subdivision (b) for the 2012-13 second principal apportionment, shall
be final, and shall not be recalculated at subsequent
apportionments. The fraction computed pursuant to paragraph (2) of
subdivision (b) shall not exceed 1.00.
SEC. 54. Section 56836.15 of the
Education Code is amended to read:
56836.15. (a) In order to mitigate the effects of any declining
enrollment, commencing in the 1998-99 fiscal year, and each fiscal
year thereafter, the superintendent
Superintendent shall calculate allocations to special education
local plan areas based on the average daily attendance reported for
the special education local plan area for the fiscal year in which
the computation is made or the prior fiscal year, whichever is
greater. However, the prior fiscal year average daily attendance
reported for the special education local plan area shall be adjusted
for any loss or gain of average daily attendance reported for the
special education local plan area due to a reorganization or transfer
of territory in the special education local plan area.
(b) For the 1998-99 fiscal year only, the prior year average daily
attendance used in this section shall be the 1997-98 average daily
attendance reported for the special education local plan area,
exclusive of average daily attendance for absences excused pursuant
to subdivision (b) of Section 46010, as that section read on July 1,
1996.
(c) If in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which allocations to
the special education local plan area are based is greater than the
number of units of average daily attendance upon which allocations to
the special education local plan area were based in the prior fiscal
year, the special education local plan area shall be allocated a
growth adjustment equal to the product determined by multiplying the
amounts determined under paragraphs (1) and (2).
(1) The statewide target amount per unit of average daily
attendance for special education local plan areas determined pursuant
to Section 56836.11, added to the amount determined in paragraph (1)
of subdivision (d) of Section 56836.155.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
(d) If in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which allocations to
the special education local plan area are based is less than the
number of units of average daily attendance upon which allocations to
the special education local plan area were based in the prior fiscal
year, the special education local plan area shall receive a funding
reduction equal to the product determined by multiplying the amounts
determined under paragraphs (1) and (2):
(1) The amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year. For the 2013-14 fiscal year only, the amount of
funding per unit of average daily attendance computed for the special
education local plan area for the 2013-14 fiscal year shall be used
for this purpose.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
(e) If, in the fiscal year for which the computation is made, the
number of units of average daily attendance upon which the
allocations to the special education local plan area identified as
the Los Angeles County Juvenile Court and Community School/Division
of Alternative Education Special Education Local Plan Area are based
is greater than the number of units of average daily attendance upon
which the allocations to that special education local plan area were
based in the prior fiscal year, that special education local plan
area shall be allocated a growth adjustment equal to the product
determined by multiplying the amounts determined under paragraphs (1)
and (2).
(1) The amount of funding per unit of average daily attendance
computed for the special education local plan area for the prior
fiscal year pursuant to Section 56836.10 multiplied by one plus the
inflation adjustment factor computed
pursuant to Section 42238.1 for the fiscal year in which the
computation is being made , as that section read on
January 1, 2013, or any successor section of law enacted by the
Legislature that specifies the inflation factor contained in Section
42238.1, as that section read on January 1, 2013. For the 2013-14
fiscal year only, the amount of funding per unit of
average daily attendance computed for the special education local
plan area for the 2013-14 fiscal year shall be used, and multiplied
by one plus the inflation factor computed pursuant to Section
42238.1, as that section read on January 1, 2013, or any successor
section of law enacted by the Legislature that specifies the
inflation factor contained in Section 42238.1, as that section read
on January 1, 2013, for application to the 2013-14 fiscal year and
each fiscal year thereafter.
(2) The difference between the number of units of average daily
attendance upon which allocations to the special education local plan
area are based for the fiscal year in which the computation is made
and the number of units of average daily attendance upon which
allocations to the special education local plan area were based for
the prior fiscal year.
SEC. 55. Section 56836.22 of the
Education Code is amended to read:
56836.22. (a) Commencing with the 1985-86 fiscal year, and for
each fiscal year thereafter, funds to support specialized
books, materials, and equipment special education and
related services as required under the individualized education
program for each pupil with low incidence
low-incidence disabilities, as defined in Section 56026.5,
shall be determined by dividing the total number of pupils with
low incidence low-incidence
disabilities in the state, as reported on December 1 of the prior
fiscal year, into the annual appropriation provided for this purpose
in the Budget Act.
(b) The per-pupil entitlement determined pursuant to subdivision
(a) shall be multiplied by the number of pupils with low
incidence low-incidence disabilities in each
special education local plan area to determine the total funds
available for each local plan.
(c) The superintendent Superintendent
shall apportion the amount determined pursuant to subdivision
(b) to the special education local plan area for purposes of
purchasing and coordinating the use of specialized books, materials,
and equipment providing special education and related
services as required under the individualized education program for
each pupil with low-incidence disabilities .
(d) As a condition of receiving these funds, the special education
local plan area shall ensure that the appropriate books, materials,
and equipment are purchased, that the use of the equipment is
coordinated as necessary, and that the books, materials, and
equipment are reassigned to local educational agencies within the
special education local plan area once the agency that originally
received the books, materials, and equipment no longer needs them.
(e) It is the intent of the Legislature that special education
local plan areas share unused specialized books, materials, and
equipment with neighboring special education local plan areas.
SEC. 56. Section 56836.23 of the
Education Code is amended to read:
56836.23. Funds Each special education
local plan area shall dedicate a portion of the funds it receives
pursuant to Section 56836.1 0 for regionalized
operations and services and the direct instructional support of
program specialists shall be apportioned to the
special education local plan areas
. As a condition to of
receiving those funds, the special education local plan area shall
ensure that all functions listed below are performed in accordance
with the description set forth in its local plan adopted pursuant to
Section 56205:
(a) Coordination of the special education local plan area and the
implementation of the local plan.
(b) Coordinated system of identification and assessment.
(c) Coordinated system of procedural safeguards.
(d) Coordinated system of staff development and parent and
guardian education.
(e) Coordinated system of curriculum development and alignment
with the core curriculum.
(f) Coordinated system of internal program review, evaluation of
the effectiveness of the local plan, and implementation of a local
plan accountability mechanism.
(g) Coordinated system of data collection and management.
(h) Coordination of interagency agreements.
(i) Coordination of services to medical facilities.
(j) Coordination of services to licensed children's institutions
and foster family homes.
(k) Preparation and transmission of required special education
local plan area reports.
( l ) Fiscal and logistical support of the community
advisory committee.
(m) Coordination of transportation services for individuals with
exceptional needs.
(n) Coordination of career and vocational education and transition
services.
(o) Assurance of full educational opportunity.
(p) Fiscal administration and the allocation of state and federal
funds pursuant to Section 56836.01.
(q) Direct instructional program support that may be provided by
program specialists in accordance with Section 56368.
SEC. 57. Section 56836.24 of the
Education Code is repealed.
56836.24. Commencing with the 1998-99 fiscal year and each year
thereafter, the superintendent shall make the following computations
to determine the amount of funding for the purposes specified in
Section 56836.23 to apportion to each special education local plan
area for the fiscal year in which the computation is made:
(a) For the 1998-99 fiscal year the superintendent shall make the
following computations:
(1) Multiply the total amount of state General Fund money
allocated to the special education local plan areas in the 1997-98
fiscal year, for the purposes of Article 9 (commencing with Section
56780) of Chapter 7, as that chapter existed on December 31, 1998, by
one plus the inflation factor computed pursuant to subdivision (b)
of Section 42238.1 for the 1998-99 fiscal year.
(2) Divide the amount calculated in paragraph (1) by the units of
average daily attendance, exclusive of average daily attendance for
absences excused pursuant to subdivision (b) of Section 46010 as that
subdivision read on July 1, 1997, reported for the special education
local plan area for the 1997-98 fiscal year.
(3) To determine the amount to be allocated to each special
education local plan area in the 1998-99 fiscal year, the
superintendent shall multiply the amount computed in paragraph (2) by
the number of units of average daily attendance reported for the
special education local plan area for the 1998-99 fiscal year, except
that a special education local plan area designated as a necessary
small special education local plan area in accordance with Section
56212 and reporting fewer than 15,000 units of average daily
attendance for the 1998-99 fiscal year shall be deemed to have 15,000
units of average daily attendance, and no special education local
plan area shall receive less than it received in the 1997-98 fiscal
year.
(b) For the 1999-2000 fiscal year and each fiscal year thereafter,
the superintendent shall make the following calculations:
(1) Multiply the amount determined in paragraph (2) of subdivision
(a) by one plus the inflation factor computed pursuant to
subdivision (b) of Section 42238.1 for the current fiscal year.
(2) Multiply the amount determined in paragraph (1) by the number
of units of average daily attendance reported for the special
education local plan area for the current fiscal year, except that a
special education local plan area designated as a necessary small
special education local plan area in accordance with Section 56212
and reporting fewer than 15,000 units of average daily attendance for
the current fiscal year shall be deemed to have 15,000 units of
average daily attendance.
SEC. 58. Section 56836.25 of the
Education Code is repealed.
56836.25. Funds received pursuant to this article shall be
expended for the purposes specified in Section 56836.23.
SEC. 59. Section 56836.30 of the
Education Code is repealed.
56836.30. If special education local plan areas reorganize,
including any mergers or divisions, the department shall adjust rates
for payments to and from the resulting plan areas so that overall
funding neither increases nor decreases from what it would have been
prior to the reorganization. The effect of this section may be
modified for any specific reorganization by enactment of legislation.
SEC. 60. Section 56836.31 is added to the
Education Code , to read:
56836.31. To accomplish the activities set forth in Section
56836.23, supplemental funds shall be apportioned to special
education local plan areas that are designated as necessary small
special education local plan areas in accordance with Section 56212
and that report fewer than 15,000 units of average daily attendance.
(a) For 2013-14 fiscal year and each fiscal year thereafter, the
Superintendent shall allocate this supplemental amount based on the
following computations:
(1) Calculate the difference between the number of units of
average daily attendance reported for the necessary small special
education local plan area for the current fiscal year and 15,000
units of average daily attendance.
(2) Multiply the amount calculated in paragraph (1) by the rate
calculated in subdivision (b).
(b) For the 2013-14 fiscal year, the supplemental rate per unit of
average daily attendance shall be fifteen dollars ($15). For the
2014-15 fiscal year and each fiscal year thereafter, the supplemental
rate per unit of average daily attendance shall be fifteen dollars
($15) multiplied by one plus the inflation factor computed pursuant
to subdivision (b) of Section 42238.1 for the current fiscal year.
SEC. 61. Section 60810 of the Education
Code is amended to read:
60810. (a) (1) The Superintendent shall review existing tests
that assess the English language development of pupils whose primary
language is a language other than English. The tests shall include,
but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills. The Superintendent
shall determine which tests, if any, meet the requirements of
subdivisions (b) and (c). If any existing test or series of tests
meets these criteria, the Superintendent, with approval of the state
board, shall report to the Legislature on its findings and
recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meets
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2000-01 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. The early literacy assessment
shall be administered for a period of three
four years beginning after the initial administration of the
assessment or until July 1, 2012, 2014,
whichever occurs first. Six months after the results of the
last administered assessment three administered
assessments are collected, but no later than January
1, June 30, 2013, the department shall report to
the Legislature on the administration of the kindergarten and grade
1 early literacy assessment results, as well as on the administrative
process, in order to determine whether reauthorization of the early
literacy assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the test and procedures for
its administration are age and developmentally appropriate. Age and
developmentally appropriate procedures for administration may
include, but are not limited to, one-on-one administration, a small
group setting, and orally responding or circling a response to a
question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary
language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.
(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the test that measure English
language skills for which he or she has previously tested as advanced
within each appropriate grade span, as determined by the department
in accordance with paragraph (8) of subdivision (c).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
test that measure English language skills for which he or she has
previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented until the test
publisher's contract that is in effect on January 1, 2012, expires.
(4) This subdivision shall not be implemented unless and until the
department receives written documentation from the United States
Department of Education that implementation is permitted by federal
law.
SEC. 62. Section 66025.92 is added to the
Education Code , to read:
66025.92. (a) The Legislature finds and declares that the
priority enrollment for registration required by this section is
necessary to ensure that the flexibility related to educational
opportunities that was adopted as part of the broader changes to the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program in Chapter 47 of the Statutes of 2012 is not undermined by
students who are CalWORKs recipients being unable to access necessary
classes.
(b) Each community college district that administers a priority
enrollment system shall grant priority in that system for
registration for enrollment to any student who is a CalWORKs
recipient.
(c) Students who receive priority registration for enrollment
pursuant to this section shall comply with the requirements of
subdivision (a) of Section 78212.
(d) For purposes of this section, "CalWORKs recipient" means a
recipient of aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code or any
successor program.
SEC. 63. Section 79146 of the Education
Code is amended to read:
79146. To the extent sufficient resources exist, the board of
governors may establish internship training programs and actively
support apprenticeship training programs in collaboration with
the State Department of Education and the Division
of Apprenticeship Standards of the Department of Industrial
Relations . The board of governors may establish internship
training programs pursuant to this section for only those occupations
not covered by an apprenticeship training program approved by the
Division of Apprenticeship Standards of the Department of Industrial
Relations prior to before January 1,
1998.
SEC. 64. Section 79148 of the Education
Code is amended to read:
79148. (a) To the extent
that sufficient federal funds and other resources are available, the
Division of Apprenticeship Standards of the Department of
Industrial Relations , in partnership with the State
Department of Education and the California Community
Colleges, shall develop and implement innovative apprenticeship
training demonstration projects in high-growth industries in emerging
and transitioning occupations that meet local labor market needs and
that are validated by current labor market data.
(b) The Division of Apprenticeship Standards, in collaboration
with the State Department of Education and the California Community
Colleges, shall submit a report not later than December 31, 1998, to
the Governor and the Legislature containing a summary of educational
and vocational outcomes resulting from innovative apprenticeship
training demonstration projects. The report shall include a status
report on the number of participating registered apprentices as well
as a statewide analysis and needs assessment regarding the extent
that these apprenticeship training demonstration projects are meeting
work force training needs in high growth industries.
SEC. 65. Section 79149 is added to the
Education Code , to read:
79149. (a) The Chancellor of the California Community Colleges
shall be responsible for allocating funds for apprenticeship programs
in good standing and approved pursuant to Chapter 4 (commencing with
Section 3070) of Division 3 of the Labor Code for the community
colleges.
(b) Upon appropriation by the Legislature, the Chancellor of the
California Community Colleges shall allocate funds solely for the
purposes of reimbursing community colleges pursuant to Section
79149.3.
SEC. 66. Section 79149.1 is added to the
Education Code , to read:
79149.1. Attendance of apprentices enrolled in any class
maintained by a community college, pursuant to Section 3074 of the
Labor Code, shall be reimbursed pursuant to Section 79149.3 only if
reported separately to the Chancellor of the California Community
Colleges. Attendance reported pursuant to this section shall be used
only for purposes of calculating allowances pursuant to Section
79149.3.
SEC. 67. Section 79149.2 is added to the
Education Code , to read:
79149.2. (a) An apprentice attending community college in classes
of related and supplemental instruction as provided pursuant to
Section 3074 of the Labor Code and in accordance with subdivision (d)
of Section 3078 of the Labor Code shall be exempt from the
requirements of any interdistrict attendance agreement for those
classes.
(b) A community college shall be exempt from Section 55301 of
Title 5 of the California Code of Regulations when establishing an
apprenticeship course or program outside the territory of its
community college district for nonresidents of that district when the
participants in the class are indentured apprentices and the
apprenticeship course or program is approved by the Division of
Apprenticeship Standards of the Department of Industrial Relations.
SEC. 68. Section 79149.3 is added to the
Education Code , to read:
79149.3. (a) The reimbursement rate shall be established in the
annual Budget Act and the rate shall be commonly applied to all
providers of instruction specified in subdivision (d).
(b) For purposes of this section, each hour of teaching time may
include up to 10 minutes of passing time and breaks.
(c) This section also applies to isolated apprentices, as defined
in Section 3074 of the Labor Code, for which alternative methods of
instruction are provided.
(d) The Chancellor of the California Community Colleges shall make
the reimbursements specified in this section for teaching time
provided by community colleges.
(e) The hours for related and supplemental instruction derived
from funds appropriated pursuant to subdivision (b) of Section 79149
shall be allocated by the Chancellor of the California Community
Colleges directly to participating community colleges that contract
with apprenticeship programs pursuant to subdivision (f).
(f) Reimbursements may be made under this section for related and
supplemental instruction provided to indentured apprentices only if
the instruction is provided by a program approved by the Division of
Apprenticeship Standards of the Department of Industrial Relations in
accordance with Chapter 4 (commencing with Section 3070) of Division
3 of the Labor Code.
(g) The initial allocation of hours for related and supplemental
instruction pursuant to subdivision (e) at the beginning of any
fiscal year when multiplied by the hourly rate established in the
Budget Act for that year shall equal 100 percent of total
appropriation for apprenticeships.
(h) If funds remain from the appropriation pursuant to subdivision
(b) of Section 79149, the Chancellor of the California Community
Colleges shall reimburse community colleges for unfunded related and
supplemental instruction hours from any of the three previous fiscal
years, in the following order:
(1) Reported related and supplemental instruction hours as
described in subdivision (b) of Section 79149.5 that were paid at a
rate less than the hourly rate specified in the Budget Act.
(2) Reported related and supplemental instruction hours that were
not reimbursed.
SEC. 69. Section 79149.4 is added to the
Education Code , to read:
79149.4. For purposes of the California Firefighter Joint
Apprenticeship Program, a class of related and supplemental
instruction that qualifies for funding pursuant to Section 79149.3
includes, but is not necessarily limited to, a class that meets both
of the following requirements:
(a) The class is conducted at the workplace.
(b) The person providing instruction is qualified, by means of
education or experience, as a journeyman and shares the
responsibility for supervision of the apprentices participating in
the classes with the certified community college or adult education
coordinator.
SEC. 70. Section 79149.5 is added to the
Education Code , to read:
79149.5. (a) The Chancellor of the California Community Colleges,
in consultation with the Division of Apprenticeship Standards of the
Department of Industrial Relations and the Superintendent, shall
annually review the amount of state funding necessary to provide the
reimbursements specified in Section 79149.3, and shall include an
estimate of required funds in its budget for each fiscal year.
(b) If the amounts appropriated in any fiscal year are
insufficient to provide full reimbursement, the hourly rate specified
in Section 79149 shall be reduced on a pro rata basis only for
reported hours that are in excess of the number of hours allocated at
the beginning of the fiscal year so that the entire appropriation is
allocated.
(c) If the amount appropriated is in excess of the amounts needed
for full reimbursement pursuant to subdivision (h) of section
79149.3, any excess shall be allocated to community college districts
to be used for the purpose of the state general apportionment.
SEC. 71. Section 79149.6 is added to the
Education Code , to read:
79149.6. (a) The Chancellor of the California Community Colleges
and the Division of Apprenticeship Standards of the Department of
Industrial Relations, in consultation with the Superintendent, shall
jointly develop a model format for agreements between apprenticeship
programs and community colleges for instruction pursuant to Section
3074 of the Labor Code.
(b) By March 14, 2014, the Chancellor of the California Community
Colleges and the Division of Apprenticeship Standards of the
Department of Industrial Relations, with equal participation by local
educational agencies and community college apprenticeship
administrators, shall develop common administrative practices and
treatment of costs and services, as well as other policies related to
apprenticeship programs. Any policies developed pursuant to this
subdivision shall become operative upon approval by the California
Apprenticeship Council.
SEC. 72. Section 84043 of the Education
Code is amended to read:
84043. (a) (1) Notwithstanding any other provision of
law, and unless otherwise prohibited under federal law, for
the 2009-10 to 2014-15 fiscal years, inclusive, community college
districts may use funding received, pursuant to subdivision (b), from
any of the programs listed in paragraph (2) that are contained in
Item 6870-101-0001 of Section 2.00 of the annual Budget Act, for the
purposes of any of the programs contained in Schedule (2) and
Schedules (4) to (23), inclusive, of Item 6870-101-0001 of Section
2.00 of the Budget Act of 2009.
(2) (A) Apprenticeship.
(B) Matriculation.
(C)
(2) (A) Academic Senate for the
Community Colleges.
(D)
(B) Equal Employment Opportunity.
(E)
(C) Part-time Faculty Health Insurance.
(F)
(D) Part-time Faculty Compensation.
(G)
(E) Part-time Faculty Office Hours.
(H)
(F) Economic Development.
(I)
(G) Transfer Education and Articulation.
(J)
(H) Physical Plant and Instructional Support.
(K)
(I) Campus Childcare Tax Bailout.
(b) For the 2009-10 to 2014-15 fiscal years, inclusive, the
chancellor shall apportion from the amounts provided in the annual
Budget Act for the programs enumerated in paragraph (2) of
subdivision (a), an amount to a community college district, based on
the same relative proportion that the community college
district received in the 2008-09 fiscal year for the programs
enumerated in paragraph (2) of subdivision (a). The amounts allocated
shall be adjusted for any greater or lesser amount appropriated for
the items enumerated in paragraph (2)
of subdivision (a).
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
community college district to reduce funding pursuant to this
section for a state-mandated local program shall constitute a waiver
of the subvention of funds that the community college
district is otherwise entitled to pursuant to Section 6 of Article
XIII B of the California Constitution on the amount so reduced.
(2) If a community college district elects to use funding received
pursuant to subdivision (b) in the manner authorized pursuant to
subdivision (a), the governing board of the community college
district shall, at a regularly scheduled open public hearing,
take testimony from the public, discuss, and shall approve or
disapprove the proposed use of funding.
(3) (A) If a community college district elects to use funding
received pursuant to subdivision (b) in the manner authorized
pursuant to subdivision (a), the community college
district shall continue to report the expenditures pursuant to this
section by using the appropriate codes to indicate the activities for
which these funds were expended using the existing standard
reporting process as determined by the chancellor.
(B) The chancellor shall collect the information in subparagraph
(A) and shall provide that information to the Department of Finance
and to the appropriate policy and budget committees of the
Legislature on or before April 15, 2010, and annually thereafter by
April 15 of each year, through 2016.
(d) For the 2009-10 to 2014-15 fiscal years, inclusive, community
college districts that elect to use funding in the manner authorized
pursuant to subdivision (a) shall be deemed to be in compliance with
the program and funding requirements contained in statutory,
regulatory, and provisional language, associated with the programs
enumerated in subdivision (a).
SEC. 73. Section 84321.6 of the
Education Code is amended to read:
84321.6. (a) Notwithstanding any other law that governs the
regulations adopted by the Chancellor of the California Community
Colleges to disburse funds, the payment of apportionments to
community college districts pursuant to Sections 84320 and 84321
shall be adjusted by the following:
(1) For the month of January, one hundred twenty-six million
ninety-four thousand dollars ($126,094,000) shall be deferred to
July.
(2) For the month of February, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July.
(3) For the month of March, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July.
(4) For the month of April, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July.
(5) For the month of May, one hundred thirty-five million dollars
($135,000,000) shall be deferred to July.
(6) For the month of June, one hundred thirty-five million dollars
($135,000,000) shall be deferred to July.
(b) In satisfaction of the moneys deferred pursuant to subdivision
(a), the sum of eight hundred one million ninety-four thousand
dollars ($801,094,000) is hereby appropriated in July of the 2013-14
fiscal year from the General Fund to the Board of Governors of the
California Community Colleges for apportionments to community college
districts, for expenditure during the 2013-14 fiscal year, to be
expended in accordance with Schedule (1) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2012.
(c) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, one hundred
seventy-eight million six hundred thirty-eight thousand dollars
($178,638,000) of the appropriations made by subdivision (b) shall be
deemed to be "General Fund revenues appropriated for community
college districts," as defined in subdivision (d) of Section 41202,
for the 2012-13 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the 2012-13
fiscal year.
(c)
(d) For purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, six
hundred twenty-two million four hundred fifty-six thousand dollars
($622,456,000) of the appropriations made by subdivision (b)
shall be deemed to be "General Fund revenues appropriated for
community college districts," as defined in subdivision (d) of
Section 41202, for the 2013-14 fiscal year, and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202,
for the 2013-14 fiscal year.
(d)
(e) This section shall not become operative until
December 15, 2012, and shall become
operative only if the Schools and Local Public Safety Protection Act
of 2012 (Attorney General reference number 12-0009) is approved by
the voters at the November 6, 2012, statewide general election, and
all of the provisions of that act that modify personal income tax
rates become operative. If the Schools and Local Public Safety
Protection Act of 2012 (Attorney General reference number 12-0009) is
not approved by the voters at the November 6, 2012, statewide
general election, or if the provisions of that act that modify
personal income tax rates do not become operative due to a conflict
with another initiative measure that is approved at the same election
and receives a greater number of affirmative votes, this section
shall not become operative and shall become
inoperative on December 15, 2013, and shall be repealed on
January 1, 2013 2014 .
SEC. 74. Section 84321.6 is added to the
Education Code , to read:
84321.6. (a) Notwithstanding any other law that governs the
regulations adopted by the Chancellor of the California Community
Colleges to disburse funds, the payment of apportionments to
community college districts pursuant to Sections 84320 and 84321
shall be adjusted by the following:
(1) For the month of February, fifty-five million two hundred
thirty-three thousand dollars ($55,233,000) shall be deferred to
July.
(2) For the month of March, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July.
(3) For the month of April, one hundred thirty-five million
dollars ($135,000,000) shall be deferred to July.
(4) For the month of May, one hundred thirty-five million dollars
($135,000,000) shall be deferred to July.
(5) For the month of June, one hundred thirty-five million dollars
($135,000,000) shall be deferred to July.
(b) In satisfaction of the moneys deferred pursuant to subdivision
(a), the sum of five hundred ninety-one million two hundred
thirty-three thousand dollars ($591,233,000) is hereby appropriated
in July of the 2014-15 fiscal year from the General Fund to the Board
of Governors of the California Community Colleges for apportionments
to community college districts, for expenditure during the 2014-15
fiscal year, to be expended in accordance with Schedule (1) of Item
6870-101-0001 of Section 2.00 of the Budget Act of 2013.
(c) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (b) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202, for the 2014-15 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the 2014-15 fiscal year.
(d) This section shall become operative on December 15, 2013.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 75. Article 7 (commencing with Section 84381)
of Chapter 3 of Part 50 of Division 7 of Title 3 of the
Education Code is repealed.
SEC. 76. Article 3 (commencing with Section 84830)
is added to Chapter 5 of Part 50 of Division 7 of Title 3
of the Education Code , to read:
Article 3. Adult Education Consortium Program
84830. (a) The Chancellor of the California Community Colleges
and the State Department of Education shall, pursuant to funding made
available in the annual Budget Act, jointly provide two-year
planning and implementation grants to regional consortia of community
college districts and school districts for the purpose of developing
regional plans to better serve the educational needs of adults.
(1) Eligibility shall be limited to consortiums consisting of at
least one community college district and at least one school district
within the boundaries of the community college district, either of
which may serve as the consortium's fiscal agent, as determined by
the applicant consortium.
(2) If a community college district chooses not to participate in
a consortium, a neighboring community college district may form a
consortium with school districts within the boundaries of the
nonparticipating community college district.
(3) Consortia may include other entities providing adult education
courses, including, but not necessarily limited to, correctional
facilities, other local public entities, and community-based
organizations.
(b) Grant funds provided pursuant to this section shall be used by
each regional consortium to create and implement a plan to better
provide adults in its region with all of the following:
(1) Elementary and secondary basic skills, including classes
required for a high school diploma or high school equivalency
certificate.
(2) Classes and courses for immigrants eligible for educational
services in citizenship and English as a second language, and
workforce preparation classes in basic skills.
(3) Education programs for adults with disabilities.
(4) Short-term career technical education programs with high
employment potential.
(5) Programs for apprentices.
(c) Each regional consortium's plan shall include, at a minimum:
(1) An evaluation of current levels and types of adult education
programs within its region, including education for adults in
correctional facilities; credit, noncredit, and enhanced noncredit
adult education coursework; and programs funded through Title II of
the federal Workforce Investment Act, known as the Adult Education
and Family Literacy Act (Public Law 105-220).
(2) An evaluation of current needs for adult education programs
within its region.
(3) Plans for parties that make up the consortium to integrate
their existing programs and create seamless transitions into
postsecondary education or the workforce.
(4) Plans to address the gaps identified pursuant to paragraphs
(1) and (2).
(5) Plans to employ approaches proven to accelerate a student's
progress toward his or her academic or career goals, such as
contextualized basic skills and career technical education, and other
joint programming strategies between adult education and career
technical education.
(6) Plans to collaborate in the provision of ongoing professional
development opportunities for faculty and other staff to help them
achieve greater program integration and improve student outcomes.
(7) Plans to leverage existing regional structures, including, but
not necessarily limited to, local workforce investment areas.
(d) The Chancellor of the California Community Colleges and the
State Department of Education may identify additional elements that
consortia must include in a plan.
(e) (1) On or before March 1, 2014, the Chancellor of the
California Community Colleges and the State Department of Education
shall submit a joint report to the Legislature and the Governor. This
report shall include, but not necessarily be limited to, all of the
following:
(A) The status of developing regional consortia across the state,
including identification of unserved geographic areas or emerging
gaps in regional program delivery.
(B) The status and allocation of grant awards made to the regional
consortia.
(2) The report shall be submitted to the Legislature as provided
in Section 9795 of the Government Code.
(f) (1) On or before March 1, 2015, the Chancellor of the
California Community Colleges and the State Department of Education
shall submit a joint report to the Legislature and the Governor. This
report shall include, but is not limited to, all of the following:
(A) The plans developed by the regional consortia across the
state.
(B) Recommendations for additional improvements in the delivery
system serving adult learners.
(2) The report shall be submitted to the Legislature as provided
in Section 9795 of the Government Code.
(g) It is the intent of the legislature to work toward developing
common policies related to adult education affecting adult schools at
local educational agencies and community colleges, including
policies on fees and funding levels.
(h) It is the intent of the Legislature to provide additional
funding in the 2015-16 fiscal year to the regional consortia to
expand and improve the provision of adult education.
SEC. 77. Section 17581.5 of the
Government Code is amended to read:
17581.5. (a) A school district or community college district
shall not be required to implement or give effect to the statutes, or
a portion of the statutes, identified in subdivision (c) during any
fiscal year and for the period immediately following that fiscal year
for which the Budget Act has not been enacted for the subsequent
fiscal year if all of the following apply:
(1) The statute or a portion of the statute, has been determined
by the Legislature, the commission, or any court to mandate a new
program or higher level of service requiring reimbursement of school
districts or community college districts pursuant to Section 6 of
Article XIII B of the California Constitution.
(2) The statute, or a portion of the statute, or the test claim
number utilized by the commission, specifically has been identified
by the Legislature in the Budget Act for the fiscal year as being one
for which reimbursement is not provided for that fiscal year. For
purposes of this paragraph, a mandate shall be considered
specifically to have been identified by the Legislature only if it
has been included within the schedule of reimbursable mandates shown
in the Budget Act and it specifically is identified in the language
of a provision of the item providing the appropriation for mandate
reimbursements.
(b) Within 30 days after enactment of the Budget Act, the
Department of Finance shall notify school districts of any statute or
executive order, or portion thereof, for which reimbursement is not
provided for the fiscal year pursuant to this section.
(c) This section applies only to the following mandates:
(1) School Bus Safety I (CSM-4433) and II (97-TC-22) (Chapter 642
of the Statutes of 1992; Chapter 831 of the Statutes of 1994; and
Chapter 739 of the Statutes of 1997).
(2) County Treasury Withdrawals (96-365-03; and Chapter 784 of the
Statutes of 1995 and Chapter 156 of the Statutes of 1996).
(3) Grand Jury Proceedings (98-TC-27; and Chapter 1170 of the
Statutes of 1996, Chapter 443 of the Statutes of 1997, and Chapter
230 of the Statutes of 1998).
(4) Law Enforcement Sexual Harassment Training (97-TC-07; and
Chapter 126 of the Statutes of 1993).
(5) Health Benefits for Survivors of Peace Officers and
Firefighters (Chapter 1120 of the Statutes of 1996 and 97-TC-25).
(d) This section applies to the following mandates for the
2010-11, 2011-12, and 2012-13 fiscal years only:
(1)
(6) Removal of Chemicals (Chapter 1107 of the Statutes
of 1984 and CSM 4211 and 4298).
(2)
(7) Scoliosis Screening (Chapter 1347 of the Statutes
of 1980 and CSM 4195).
(3)
(8) Pupil Residency Verification and Appeals (Chapter
309 of the Statutes of 1995 and 96-384-01).
(4)
(9) Integrated Waste Management (Chapter 1116 of the
Statutes of 1992 and 00-TC-07).
(5)
(10) Law Enforcement Jurisdiction Agreements (Chapter
284 of the Statutes of 1998 and 98-TC-20).
(6)
(11) Physical Education Reports (Chapter 640 of the
Statutes of 1997 and 98-TC-08).
(7) 98.01.042.390-
(12) Sexual Assault Response Procedures (Chapter 423 of
the Statutes of 1990 and 99-TC-12).
(8) 98.01.059.389-
(13) Student Records (Chapter 593 of the Statutes of
1989 and 02-TC-34).
(14) Absentee Ballots (Chapter 77 of the Statutes of 1978 and
CSM-3713).
(15) Brendon Maguire Act (Chapter 391 of the Statutes of 1988 and
CSM-4357).
(16) Mandate Reimbursement Process I and II (Chapter 486 of the
Statutes of 1975; Chapter 890 of the Statutes of 2004; CSM-4204;
CSM-4485; and 05-TC-05).
(17) Sex Offenders: Disclosure by Law Enforcement Officers
(Chapters 908 and 909 of the Statutes of 1996; and 97-TC-15).
SEC. 78. Section 17581.6 of the
Government Code is amended to read:
17581.6. (a) Commencing with the 2012-13 fiscal year, funds
provided in Item 6110-296-0001 of Section 2.00 of the annual Budget
Act shall be allocated as block grants to school districts, charter
schools, and county offices of education to support all of the
mandated programs described in subdivision (d).
(b) (1) Notwithstanding any other law, each fiscal year a school
district or county office of education may receive funding for the
performance of the mandated activities listed in subdivision (d)
either through the block grant established pursuant to this section
or by claiming reimbursement pursuant to Section 17560. A school
district or county office of education that claims reimbursement for
any mandated activities pursuant to Section 17560 for mandated costs
incurred during a fiscal year shall not be eligible for funding
pursuant to this section for the same fiscal year.
17581.6. (a) Funding apportioned pursuant to this
section shall constitute reimbursement pursuant to Section 6 of
Article XIII B of the California Constitution for the performance of
any state mandates included in the statutes and executive orders
identified in subdivision (e).
(b) Any school district, county office of education, or charter
school may elect to receive block grant funding pursuant to this
section.
(2)
(c) (1) A school
district and district, county office of
education , or charter school that elects to receive block
grant funding instead of seeking reimbursement pursuant to
Section 17560 shall, and any charter school that elects to receive
block grant funding shall, pursuant to this section in
a given fiscal year shall submit a letter of intent
requesting funding to the Superintendent of
Public Instruction on or before September
August 30 of each that fiscal
year requesting block grant funding pursuant to this
section. The Superintendent of Public Instruction shall distribute
funding provided pursuant to subdivision (a) to school districts,
charter schools, and county offices of education pursuant to the
rates set forth in Item 6110-296-0001 of Section 2.00 of the annual
Budget Act. Funding distributed pursuant to this section is in lieu
of reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution for the performance of all activities
specified in subdivision (d) as those activities pertain to school
districts and county offices of education. A school district, county
office of education, or charter school that submits a letter of
intent and receives block grant funding pursuant to this section
shall not also be eligible to submit a claim for reimbursement of
costs incurred for a mandated program set forth in subdivision (d)
for the fiscal year for which the block grant funding is received
.
(2) The Superintendent of Public Instruction shall, in the month
of November of each year, apportion block grant funding appropriated
pursuant to Item 6110-296-0001 of Section 2.00 of the annual Budget
Act to all school districts, county offices of education, and charter
schools that submitted letters requesting funding in that fiscal
year according to the provisions of that item.
(3) A school district or county office of education that receives
block grant funding pursuant to this section shall not be eligible to
submit claims to the Controller for reimbursement pursuant to
Section 17560 for any costs of any state mandates included in the
statutes and executive orders identified in subdivision (e) incurred
in the same fiscal year during which the school district or county
office of education received funding pursuant to this section.
(c)
(d) Block grant funding provided to school
districts, charter schools, and county offices of education
apportioned pursuant to this section is subject to annual
financial and compliance audits required by Section 41020
of the Education Code.
(d)
(e) Block grant funding provided
apportioned pursuant to this section to
individual school districts, charter schools, and county offices of
education is to support all of the following mandated
is specifically intended to fund the costs of the following
programs and activities :
(1) Absentee Ballots (CSM 3713; Chapter 77 of the Statutes of 1978
and Chapter 1032 of the Statutes of 2002).
(2)
(1) Academic Performance Index (01-TC-22; Chapter 3 of
the Statutes of 1999, First Extraordinary Session; and Chapter 695 of
the Statutes of 2000).
(3)
(2) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes
of 2001).
(4)
(3) AIDS Instruction and AIDS Prevention Instruction
(CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
1991; and Chapter 403 of the Statutes of 1998).
(5)
(4) California State Teachers' Retirement System
Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994;
Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of
the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter
939 of the Statutes of 1999; and Chapter 1021 of the Statutes of
2000).
(6)
(5) Caregiver Affidavits (CSM 4497; Chapter 98 of the
Statutes of 1994).
(7)
(6) Charter Schools I, II, and III (CSM 4437, 99-TC-03,
and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and
673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and
Chapter 78 of the Statutes of 1999).
(8)
(7) Child Abuse and Neglect Reporting (01-TC-21:
Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the
Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of
the Statutes of 1998; Chapter 916 of the Statutes of 2000; and
Chapters 133 and 754 of the Statutes of 2001).
(9)
(8) Collective Bargaining (CSM 4425; Chapter 961 of the
Statutes of 1975).
(10)
(9) Comprehensive School Safety Plans (98-TC-01 and
99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the
Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(11)
(10) Consolidation of Annual Parent
Notification/Schoolsite Discipline Rules/Alternative Schools (CSM
4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of
the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters
87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of
1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of
the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990;
Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of
1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of
the Statutes of 1998; Chapter 1 of the Statutes of 1999, First
Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter
650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and
Chapter 677 of the Statutes of 2005).
(12)
(11) Consolidation of Law Enforcement Agency
Notification and Missing Children Reports (CSM 4505; Chapter 1117 of
the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
1986; and Chapter 832 of the Statutes of 1999).
(13)
(12) Consolidation of Notification to Teachers: Pupils
Subject to Suspension or Expulsion I and II, and Pupil Discipline
Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(14)
(13) County Office of Education Fiscal Accountability
Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987;
Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the
Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323
of the Statutes of 1992; Chapters 923 and 924 of the Statutes of
1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525
of the Statutes of 1995).
(15)
(14) Criminal Background Checks (97-TC-16; Chapters 588
and 589 of the Statutes of 1997).
(16)
(15) Criminal Background Checks II (00-TC-05; Chapters
594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes
of 1999).
(17)
(16) Differential Pay and Reemployment (99-TC-02;
Chapter 30 of the Statutes of 1998).
(18)
(17) Expulsion of Pupil: Transcript Cost for Appeals
(SMAS; Chapter 1253 of the Statutes of 1975).
(19)
(18) Financial and Compliance Audits (CSM 4498 and CSM
4498-A; Chapter 36 of the Statutes of 1977).
(19) Graduation Requirements (CSM 4181; Chapter 498 of the
Statutes of 1983).
(20) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of
the Statutes of 1975).
(21) High School Exit Examination (00-TC-06; Chapter 1 of the
Statutes of 1999, First Extraordinary Session; and Chapter 135 of the
Statutes of 1999).
(22) Immunization Records (SB 90-120; Chapter 1176 of the Statutes
of 1977).
(23) Immunization Records--Hepatitis B (98-TC-05; Chapter 325 of
the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter
472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991;
Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of
1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of
the Statutes of 1996; and Chapters 855 and 882 of the Statutes of
1997).
(24) Interdistrict Attendance Permits (CSM 4442; Chapters 172 and
742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989;
Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes
of 1992).
(25) Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of
the Statutes of 1993).
(26) Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423
of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and
Chapter 71 of the Statutes of 1995).
(27) Mandate Reimbursement Process I and II (CSM 4204, CSM 4485,
and 05-TC-05; Chapter 486 of the Statutes of 1975).
(28)
(27) Notification of Truancy (CSM 4133; Chapter 498 of
the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and
Chapter 19 of the Statutes of 1995).
(29) Open Meetings/Brown Act Reform (CSM 4257 and CSM 4469;
Chapter 641 of the Statutes of 1986; and Chapters 1136, 1137, and
1138 of the Statutes of 1993).
(30)
(28) Physical Performance Tests (96-365-01; Chapter 975
of the Statutes of 1995).
(31)
(29) Prevailing Wage Rate (01-TC-28; Chapter 1249 of
the Statutes of 1978).
(32)
(30) Pupil Health Screenings (CSM 4440; Chapter 1208 of
the Statutes of 1976; Chapter 373 of the Statutes of 1991; and
Chapter 750 of the Statutes of 1992).
(33)
(31) Pupil Promotion and Retention (98-TC-19; Chapter
100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982;
Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of
1990; and Chapters 742 and 743 of the Statutes of 1998).
(34)
(32) Pupil Safety Notices (02-TC-13; Chapter 498 of the
Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948
of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter
332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992;
Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of
1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the
Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(35)
(33) Pupil Expulsions (CSM 4455; Chapter 1253 of the
Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of
the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter
498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984;
Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of
1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and
1257 of the Statutes of 1993; and Chapter 146 of the Statutes of
1994).
(36)
(34) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of
the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter
668 of the Statutes of 1978; and Chapter 498 of the Statutes of
1983).
(37)
(35) Pupil Suspensions (CSM 4456; Chapter 965 of the
Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of
the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter
856 of the Statutes of 1985; and Chapter 134 of the Statutes of
1987).
(38)
(36) School Accountability Report Cards (97-TC-21,
00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of
1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the
Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759
of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(39)
(37) School District Fiscal Accountability Reporting
(97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the
Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917
and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the
Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213
of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002
of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(40)
(38) School District Reorganization (98-TC-24; Chapter
1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of
1994).
(41)
(39) Student Records (02-TC-34; Chapter 593 of the
Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of
the Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(42)
(40) The Stull Act (98-TC-25; Chapter 498 of the
Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(43)
(41) Threats Against Peace Officers (CSM 96-365-02;
Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes
of 1995).
(e) The Superintendent of Public Instruction shall compile a list
of all school districts, charter schools, and county offices of
education that received block grant funding in the prior fiscal year
pursuant to this section. This list shall include the total amount
each school district, charter school, and county office of education
received. The Superintendent of Public Instruction shall provide this
information to the appropriate fiscal and policy committees of the
Legislature, the Controller, the Department of Finance, and the
Legislative Analyst Office on or before September 9 of each year.
(42) Pupil Expulsions II, Pupil Suspensions II, and Educational
Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the Statutes of
1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter
637 of the Statutes of 1997; Chapter 498 of the Statutes of 1998;
Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of
2000; and Chapter 116 of the Statutes of 2001).
(f) Notwithstanding Section 10231.5, on or before November 1 of
each fiscal year, the Superintendent of Public Instruction shall
produce a report that indicates the total amount of block grant
funding each school district, county office of education, and charter
school received in that fiscal year pursuant to this section. The
Superintendent of Public Instruction shall provide this report to the
appropriate fiscal and policy committees of the Legislature, the
Controller, the Department of Finance, and the Legislative Analyst's
Office.
SEC. 79. Section 17581.7 of the
Government Code is amended to read:
17581.7. (a) Commencing with the 2012-13 fiscal year, funds
provided in Item 6870-296-0001 of Section 2.00 of the annual Budget
Act shall be allocated as block grants to community college districts
to support all of the mandated programs described in subdivision
(d).
(b) (1) Notwithstanding any other law, each fiscal year a
community college district may receive funding for the performance of
mandated activities listed in subdivision (d) either through the
block grant established pursuant to this section or by claiming
reimbursement pursuant to Section 17560. A community college district
that claims reimbursement for any mandated activities pursuant to
Section 17560 for mandated costs incurred during a fiscal year shall
not be eligible for funding pursuant to this section for the same
fiscal year.
(2) A community college district that elects to receive block
grant funding instead of seeking reimbursement pursuant to Section
17560 shall submit a letter of intent to the Chancellor of the
California Community Colleges on or before September 30 of each year
requesting block grant funding pursuant to this section. The
chancellor shall distribute funding provided pursuant to subdivision
(a) to community colleges pursuant to the rates set forth in Item
6870-296-0001 of Section 2.00 of the annual Budget Act. Funding
distributed pursuant to this section is in lieu of reimbursement
pursuant to Section 6 of Article XIII B of the California
Constitution for the performance of all activities specified in
subdivision (d) as those activities pertain to community college
districts. A community college district that submits a letter of
intent and receives block grant funding pursuant to this section
shall not also be eligible to submit a claim for reimbursement of
costs incurred for a mandated program set forth in subdivision (d)
for the fiscal year for which the block grant funding is received.
17581.7. (a) Funding apportioned pursuant to this
section shall constitute reimbursement pursuant to Section 6 of
Article XIII B of the California Constitution for the performance of
any state mandates included in the statutes and executive orders
identified in subdivision (e).
(b) Any community college district may elect to receive block
grant funding pursuant to this section.
(c) (1) A community college district that elects to receive block
grant funding pursuant to this section in a given fiscal year shall
submit a letter requesting funding to the Chancellor of the
California Community Colleges on or before August 30 of that fiscal
year.
(2) The Chancellor of the California Community Colleges shall
apportion, in the month of November of each year, block grant funding
appropriated in Item 6870-296-0001 of Section 2.00 of the annual
Budget Act to all community college districts that submitted letters
requesting funding in that fiscal year according to the provisions of
that item.
(3) A community college district that receives block grant funding
pursuant to this section shall not be eligible to submit claims to
the Controller for reimbursement pursuant to Section 17560 for any
costs of any state mandates included in the statutes and executive
orders identified in subdivision (e) incurred in the same fiscal year
during which the community college district received funding
pursuant to this section.
(c) Block grant
(d) All funding provided
to community college districts apportioned
pursuant to this section is subject to annual financial and
compliance audits required by Section 84040 of the Education
Code.
(d)
(e) Block grant funding provided
apportioned pursuant to this section to
individual community college districts is to support all of the
following mandated is specifically intended to fund
the costs of the following programs:
(1) Absentee Ballots (CSM 3713; Chapter 77 of the Statutes of
1978; and Chapter 1032 of the Statutes of 2002).
(2)
(1) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
Chapter 893 of the Statutes of 2000; and Chapter 805 of the Statutes
of 2001).
(3)
(2) Cal Grants (02-TC-28; Chapter 403 of the Statutes
of 2000).
(4)
(3) California State Teachers Retirement System Service
Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383,
634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of
1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the
Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(5)
(4) Collective Bargaining (CSM 4425 and 97-TC-08;
Chapter 961 of the Statutes of 1975).
(6)
(5) Community College Construction (02-TC-47; Chapter
910 of the Statutes of 1980; Chapters 470 and 891 of the Statutes of
1981; Chapter 973 of the Statutes of 1988; Chapter 1372 of the
Statutes of 1990; Chapter 1038 of the Statutes of 1991; and Chapter
758 of the Statutes of 1995).
(7)
(6) Discrimination Complaint Procedures (02-TC-42 and
portions of 02-TC-25 and 02-TC-31; Chapter 1010 of the Statutes of
1976; Chapter 470 of the Statutes of 1981; Chapter 1117 of the
Statutes of 1982; Chapter 143 of the Statutes of 1983; Chapter 1371
of the Statutes of 1984; Chapter 973 of the Statutes of 1988; Chapter
1372 of the Statutes of 1990; Chapter 1198 of the Statutes of 1991;
Chapter 914 of the Statutes of 1998; Chapter 587 of the Statutes of
1999; and Chapter 1169 of the Statutes of 2002).
(8)
(7) Enrollment Fee Collection and Waivers (99-TC-13 and
00-TC-15).
(9)
(8) Health Fee Elimination (CSM 4206; Chapter 1 of the
Statutes of 1984, Second Extraordinary Session).
(10) Mandate Reimbursement Process I and II (CSM 4204, CSM 4485,
and 05-TC-05; Chapter 486 of the Statutes of 1975).
(11)
(9) Minimum Conditions for State Aid (02-TC-25 and
02-TC-31; Chapter 802 of the Statutes of 1975; Chapters 275, 783,
1010, and 1176 of the Statutes of 1976; Chapters 36 and 967 of the
Statutes of 1977; Chapters 797 and 977 of the Statutes of 1979;
Chapter 910 of the Statutes of 1980; Chapters 470 and 891 of the
Statutes of 1981; Chapters 1117 and 1329 of the Statutes of 1982;
Chapters 143 and 537 of the Statutes of 1983; Chapter 1371 of the
Statutes of 1984; Chapter 1467 of the Statutes of 1986; Chapters 973
and 1514 of the Statutes of 1988; Chapters 1372 and 1667 of the
Statutes of 1990; Chapters 1038, 1188, and 1198 of the Statutes of
1991; Chapters 493 and 758 of the Statutes of 1995; Chapters 365,
914, and 1023 of the Statutes of 1998; Chapter 587 of the Statutes of
1999; Chapter 187 of the Statutes of 2000; and Chapter 1169 of the
Statutes of 2002).
(12) Open Meetings/Brown Act Reform (CSM 4257 and CSM 4469;
Chapter 641 of the Statutes of 1986; and Chapters 1136, 1137, and
1138 of the Statutes of 1993).
(13)
(10) Prevailing Wage Rate (01-TC-28; Chapter 1249 of
the Statutes of 1978).
(14)
(11) Reporting Improper Governmental Activities
(02-TC-24; Chapter 416 of the Statutes of 2001; and Chapter 81 of the
Statutes of 2002).
(15) Sex Offenders: Disclosure by Law Enforcement Officers
(97-TC-15; Chapters 908 and 909 of the Statutes of 1996; Chapters 17,
80, 817, 818, 819, 820, 821, and 822 of the Statutes of 1997; and
Chapters 485, 550, 927, 928, 929, and 930 of the Statutes of 1998).
(16)
(12) Threats Against Peace Officers (CSM 96-365-02;
Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes
of 1995).
(17)
(13) Tuition Fee Waivers (02-TC-21; Chapter 36 of the
Statutes of 1977; Chapter 580 of the Statutes of 1980; Chapter 102 of
the Statutes of 1981; Chapter 1070 of the Statutes of 1982; Chapter
753 of the Statutes of 1988; Chapters 424, 900, and 985 of the
Statutes 1989; Chapter 1372 of the Statutes of 1990; Chapter 455 of
the Statutes of 1991; Chapter 8 of the Statutes of 1993; Chapter 389
of the Statutes of 1995; Chapter 438 of the Statutes of 1997; Chapter
952 of the Statutes of 1998; Chapters 571 and 949 of the Statutes of
2000; Chapter 814 of the Statutes of 2001; and Chapter 450 of the
Statutes of 2002).
(e) The Chancellor of the California Community Colleges
(f) Notwithstanding Section 10231.5, on
or before November 1 of each fiscal year, the Chancellor of the
California Community Colleges shall compile a list of
all community college districts that received block grant funding in
the prior fiscal year pursuant to subdivision (a). This list shall
include produce a report that indicates the
total amount of block grant funding each community college
district received in the current fiscal year pursuant to this
section . The chancellor shall provide this
information report to the appropriate fiscal and
policy committees of the Legislature, the Controller, the Department
of Finance, and the Legislative Analyst's Office on or
before September 9 of each year .
SEC. 80. Section 63049.67 of the
Government Code is amended to read:
63049.67. (a) Notwithstanding any other provision of this
division, a financing of emergency apportionments upon the request of
a school district pursuant to Article 2.7 (commencing with Section
41329.50) of Chapter 3 of Part 24 of Division 3 of Title 2 of the
Education Code, is deemed to be in the public interest and eligible
for financing by the bank. Article 3 (commencing with Section 63040),
Article 4 (commencing with Section 63042), and Article 5 (commencing
with Section 63043) do not apply to the financing provided by the
bank in connection with an emergency apportionment.
(b) The bank may issue bonds pursuant to Chapter 5 (commencing
with Section 63070) and provide the proceeds to a school district
pursuant to a lease agreement. The proceeds may be used as an
emergency apportionment, to reimburse the interim emergency
apportionment from the General Fund authorized pursuant to
subdivision (b) of Section 41329.52 of the Education Code, or to
refund bonds previously issued under this section. Bond proceeds may
also be used to fund necessary reserves, capitalized interest, credit
enhancement costs, and costs of issuance.
(c) Bonds issued under this article are not deemed to constitute a
debt or liability of the state or of any political subdivision of
the state, other than a limited obligation of the bank, or a pledge
of the faith and credit of the state or of any political subdivision.
All bonds issued under this article shall contain on the face of the
bonds a statement to the same effect.
(d) Any fund or account established in connection with the bonds
shall be established outside of the centralized treasury system.
Notwithstanding any other law, the bank shall select the financing
team and the trustee for the bonds, and the trustee shall be a
corporation or banking association authorized to exercise corporate
trust powers.
(e) Pursuant to Section 41329.55 of the Education Code, a school
district other than the Compton Community College District shall
instruct the Controller to repay the lease from moneys in the State
School Fund and the Education Protection Account
designated for apportionment to the school district. Pursuant to
Section 41329.55 of the Education Code , if the school
district is the Compton Community College District, the Controller
shall be instructed to repay the lease from moneys in Section B of
the State School Fund. Any amounts necessary to make this repayment
shall be drawn from the total statewide funding available for
community college apportionment consisting of funds in Section B of
the State School Fund. Thereafter the Controller shall transfer to
Section B of the State School Fund, either in a single or multiple
transfers, an amount equal to the total repayment, which amount shall
be transferred from the amount designated for apportionment to the
Compton Community College District from the State School Fund. If
these transfers from the district prove inadequate to repay any
repayments for any reason, the Compton Community College District is
required to use any revenue sources available to it for transfer and
repayment purposes.
(f) Notwithstanding any other law, as long as any bonds issued
pursuant to this section are outstanding, the following requirements
apply:
(1) The school district for which the bonds were issued is not
eligible to be a debtor in a case under Chapter 9 of the United
States Bankruptcy Code, as it may be amended from time to time, and
no governmental officer or organization is or may be empowered to
authorize the school district to be a debtor under that chapter.
(2) It is the intent of the Legislature that the Legislature
should not in the future abolish the Compton Community College
District or take any action that would prevent the Compton Community
College from entering into or performing binding agreements or
invalidate any prior binding agreements of the Compton Community
College District, where invalidation may have a material adverse
effect on the bonds issued pursuant to this section.
(3) The Compton Community College District shall not be
reorganized or merged with another community college district unless
all of the following apply:
(A) The successor district becomes by operation of law the owner
of all property previously owned by the Compton Community College
District.
(B) Any agreement entered into by the Compton Community College
District in connection with bonds issued pursuant to this section are
assumed by the successor district.
(C) The apportionment authorized by subdivision (e) remains in
effect.
(D) Receipt by the bank of an opinion of bond counsel that the
bonds issued for the Compton Community College District will remain
tax exempt following the reorganization or merger.
(g) Nothing in this section limits the authority of the
Legislature to abolish the Compton Community College District when
bonds issued for that district are no longer outstanding. Further,
the Legislature may provide for the redemption or defeasance of the
bonds at any time so that no bonds are outstanding. If the
Legislature provides for the redemption or defeasance of the bonds
issued for the Compton Community College District in order to abolish
that district, it is the intent of the Legislature that the funds
required for the redemption or defeasance should be appropriated from
Section B of the State School Fund.
(h) The bank may enter into contracts or agreements with banks,
insurers, or other financial institutions or parties that it
determines are necessary or desirable to improve the security and
marketability of, or to manage interest rates or other risks
associated with, the bonds issued pursuant to this section. The bank
may pledge apportionments made by the Controller directly to the bond
trustee pursuant to Section 41329.55 of the Education Code as
security for repayment of any obligation owed to a bank, insurer, or
other financial institution pursuant to this subdivision.
SEC. 81. Section 63049.68 of the
Government Code is amended to read:
63049.68. The State of California pledges that (a) the state will
not alter the directive to the Controller to make apportionments to
the bond trustee of moneys in the State School Fund and the
Education Protection Account from that set forth in Section
41329.55 of the Education Code, and (b) the state will not amend or
repeal subdivision (f) of Section 63049.67, in each case in any
manner that would materially impair the security or other interests
of holders of any bonds issued pursuant to this article. The bank is
authorized to include this pledge in the bonds, or other documents
entered into in connection with the bonds, as a covenant for the
benefit of the bondholders.
SEC. 82. Section 10 of Chapter 325 of the Statutes
of 2012 is repealed.
SEC. 10. The Inglewood Unified School District
shall enter into bank financing with the California Infrastructure
and Economic Development Bank pursuant to the bank's powers under the
Bergeson-Peace Infrastructure and Economic Development Bank Act as
set forth in Division 1 (commencing with Section 63000) of Title 6.7
of the Government Code and Sections 41329.52 and 41329.55 of the
Education Code, upon terms the bank, in its discretion, deems
necessary or appropriate for purposes of financing or refinancing the
emergency apportionment, including a repayment to the General Fund
of the amount advanced pursuant to Section 8 of this act. In addition
to the financing or refinancing of the emergency apportionment, the
bank financing made pursuant to this section may include funds
necessary for reserves, capitalized interest, credit enhancements,
and costs of issuance. In addition to the amount advanced pursuant to
Section 8 of this act, the school district may augment the emergency
apportionment or loan with an additional twenty-six million dollars
($26,000,000) of bank financing in order to increase the emergency
apportionment or loan to a total of no more than fifty-five million
dollars ($55,000,000) as the principal financing amount plus the
amount of funds necessary for reserves, capitalized interests, credit
enhancements, and costs of issuance associated with each bank
financing and, as a result, increase the amount of the bank
financing. If a bank financing has been made, the
Inglewood Unified School District may prepay
its bank financing obligations in accordance with the terms of the
bank financing documents.
SEC. 83. (a) Notwithstanding any other law, the
Inglewood Unified School District, through the State Department of
Education, may request cashflow loans from the General Fund for a
total of up to fifty-five million dollars ($55,000,000) for emergency
operational purposes.
(b) Unless otherwise specified in this section, the terms and
conditions of any General Fund cashflow loan provided pursuant to
this section shall be subject to approval by the Director of Finance
and shall be consistent with the terms and conditions of the General
Fund emergency apportionment issued pursuant to Chapter 325 of the
Statutes of 2012. Notwithstanding the interest rates specified in the
terms and conditions of the General Fund loan issued pursuant to
Chapter 325 of the Statutes of 2012, the interest on these loans
shall be charged at the annual rate of return of the Pooled Money
Investment Account, plus an additional 2 percent.
(c) Once a General Fund cashflow loan is approved pursuant to this
section, and upon the order of the Director of Finance, the
Controller shall draw warrants against General Fund cash to the
Inglewood Unified School District to provide a cashflow loan.
(d) Upon approval of a General Fund cashflow loan pursuant to this
section, a repayment schedule shall be determined by the Department
of Finance. If a required payment is not made within 60 days after a
scheduled date, upon order of the Department of Finance, the
Controller shall pay the defaulted General Fund cashflow loan
repayment by withholding that amount from the next available payment
that would otherwise be made to the county treasurer on behalf of the
school district pursuant to Section 14041 of the Education Code.
(e) The Department of Finance shall notify the Legislature within
15 days of authorizing a General Fund cashflow loan pursuant to this
section.
(f) A cashflow loan from the General Fund authorized by this
section does not constitute budgetary expenditures. A cashflow loan,
and the repayment of a cashflow loan, made under this section shall
not affect the General Fund reserve.
(g) Issuance of a General Fund cashflow loan authorized pursuant
to this section shall require the Inglewood Unified School District
to abide by all provisions associated with the issuance of the
emergency loan specified in Chapter 325 of the Statutes of 2012,
including those cited in Article 2 (commencing with Section 41320)
and Article 2.5 (commencing with Section 41325) of Chapter 3 of Part
24 of Division 3 of Title 2 of the Education Code.
(h) As a condition of requesting a General Fund cashflow loan
pursuant to this section, the Inglewood Unified School District shall
repay the twenty-nine million dollar ($29,000,000) General Fund loan
issued pursuant to Chapter 325 of the Statutes of 2012 from the
proceeds of the school district's initial request for a General Fund
cashflow loan.
SEC. 84. Of the amount allocated in Schedule (1)
of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2011,
eight million nine hundred fifty-four thousand dollars ($8,954,000)
is provided to fully fund the 2008-09 fiscal year maintenance of
effort and thirty-six million six hundred sixty-four thousand dollars
($36,664,000) is provided to fully fund the 2009-10 fiscal year
maintenance of effort in the special education program.
SEC. 85. (a) (1) The sum of one billion two
hundred fifty million dollars ($1,250,000,000) is hereby appropriated
from the General Fund to the Superintendent of Public Instruction
for transfer to Section A of the State School Fund. The sum of six
hundred twenty-five million dollars ($625,000,000) shall be
transferred in July 2013 and the sum of six hundred twenty-five
million dollars ($625,000,000) shall be transferred in August 2013.
(2) It is the intent of the Legislature that school districts,
county offices of education, charter schools, and the state special
schools use funds allocated pursuant to subdivision (b) to support
the integration of academic content standards in instruction adopted
pursuant to Sections 60605.8, 60605.85, 60605.10, 60605.11, and
60811.3 of the Education Code, for kindergarten and grades 1 to 12,
inclusive, for purposes of establishing high-quality instructional
programs for all pupils.
(b) The Superintendent of Public Instruction shall apportion funds
to school districts, county offices of education, charter schools,
and the state special schools using an equal rate per pupil based on
prior year enrollment.
(c) A school district, county office of education, charter school,
or state special school may encumber funds apportioned pursuant to
this section at any time during the 2013-14 or 2014-15 fiscal year.
(d) A school district, county office of education, charter school,
or state special school shall expend funds allocated pursuant to
this section for any of the following purposes:
(1) Professional development for teachers, administrators, and
paraprofessional educators or other classified employees involved in
the direct instruction of pupils that is aligned to the academic
content standards adopted pursuant to Sections 60605.8, 60605.11,
60605.85, and 60811.3 of the Education Code.
(2) Instructional materials aligned to the academic content
standards adopted pursuant to Sections 60605.8, 60605.85, 60605.11,
and 60811.3 of the Education Code, including, but not limited to,
supplemental instructional materials as provided in Sections
60605.86, 60605.87, and 60605.88 of the Education Code.
(3) Integration of these academic content standards through
technology-based instruction for purposes of improving the academic
performance of pupils, including, but not necessarily limited to,
expenditures necessary to support the administration of
computer-based assessments and provide high-speed, high-bandwidth
Internet connectivity for the purpose of administration of
computer-based assessments.
(e) As a condition of receiving funds allocated pursuant to this
section, a school district, county office of education, charter
school, or state special school shall do both of the following:
(1) Develop and adopt a plan delineating how funds allocated
pursuant to this section shall be spent. The plan shall be explained
in a public meeting of the governing board of the school district,
county board of education, or governing body of the charter school,
before its adoption in a subsequent public meeting.
(2) On or before July 1, 2015, report detailed expenditure
information to the State Department of Education, including, but not
limited to, specific purchases made and the number of teachers,
administrators, or paraprofessional educators that received
professional development. The State department of Education shall
determine the format for this report.
(f) The State Department of Education shall summarize the
information reported pursuant to paragraph (2) of subdivision (e) and
shall submit the summary to the appropriate budget subcommittees and
policy committees of the Legislature and to the Department of
Finance on or before January 1, 2016.
(g) Funding apportioned pursuant to this section is specifically
intended to fund, and shall first be used to offset, the costs of any
new programs or higher levels of service associated with
implementation of the academic content standards adopted by the State
Board of Education pursuant to Sections 60605.8, 60605.85, 60605.10,
60605.11, and 60811.3 of the Education Code, including those
required by this section or Article 3.8 (commencing with Section
52060) of Chapter 6.1 of Part 28 of Division 4 of Title 2 of the
Education Code.
(h) Funding apportioned pursuant to this section is subject to the
annual audits required by Section 41020 of the Education Code.
(i) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, of the funds
appropriated by this section:
(1) One billion dollars ($1,000,000,000) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
2012-13 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2012-13 fiscal year.
(2) Two hundred fifty million dollars ($250,000,000) shall be
deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 of the
Education Code, for the 2013-14 fiscal year, and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B," as defined in subdivision (e) of Section 41202 of
the Education Code, for the 2013-14 fiscal year.
SEC. 86. (a) The sum of two hundred fifty million
dollars ($250,000,000) is hereby appropriated from the General Fund
to the Superintendent of Public Instruction for transfer to Section A
of the State School Fund for the establishment of the California
Career Pathways Trust.
(b) The funds appropriated by this section shall be apportioned to
school districts, county superintendents of schools, charter
schools, and community colleges in the form of one-time competitive
grants. Funds shall be available for expenditure in the 2013-14
fiscal year to the 2015-16 fiscal year, inclusive.
(c) Grants shall be available for K-14 career pathways programs
that accomplish any of the following:
(1) Fund specialists in work-based learning, as defined in Section
51760.1 of the Education Code, to convene, connect, measure, or
broker efforts to establish or enhance a locally defined career
pathways program that connects school districts, county
superintendents of schools, charter schools, and community colleges
with business entities.
(2) Establish regional collaborative relationships and
partnerships with business entities, community organizations, and
local institutions of postsecondary education.
(3) Develop and integrate standards-based academics with a
career-relevant, sequenced curriculum following industry-themed
pathways that are aligned to high-need, high-growth, or emerging
regional economic sectors.
(4) Provide articulated pathways to postsecondary education
aligned with regional economies.
(5) Leverage and build on any of the following:
(A) Existing structures, requirements, and resources of the Carl
D. Perkins, California Partnership Academies, and regional
occupational programs, including staff knowledge, community
relationships, and course development.
(B) Matching resources and in-kind contributions from public,
private, and philanthropic sources.
(C) The California Community Colleges Economic and Workforce
Development Program and its sector strategies and deputy sector
navigators.
(D) Participation in the local California Community Colleges
Skills Panel.
(d) As a condition of receipt of funds, a grant recipient under
this section shall identify and set aside funding within its own
budget and obtain funding commitments from program partners
sufficient to support the ongoing costs of the program.
(e) The Superintendent of Public Instruction shall consult with
the Chancellor of the California Community Colleges and organizations
representing businesses in considering grant applications under this
section.
(f) No later than December 1, 2016, grant recipients and the
Superintendent of Public Instruction shall report to the Department
of Finance and to relevant policy and fiscal committees of the
Legislature outcome measures, which shall include, but not
necessarily be limited to, all of the following:
(1) Pupil and student academic performance indicators.
(2) The number and rate of school or program graduates.
(3) Attainment of certificates, transfer readiness, and
postsecondary enrollment.
(4) Transitions to appropriate employment, apprenticeships, or job
training.
SEC. 87. (a) On or before June 30, 2013, an amount
to be determined by the Director of Finance shall be appropriated
from the General Fund to the Board of Governors of the California
Community Colleges in augmentation of Schedule (1) of Item
6870-101-0001 of Section 2.00 of the Budget Act of 2012.
(b) The funds appropriated in subdivision (a) shall only be
available to the extent that revenues distributed to community
colleges pursuant to subparagraph (A) of paragraph (3) of subdivision
(e) of Section 36 of Article XIII of the California Constitution are
less than the estimated amount reflected in the Budget Act of 2012,
as determined by the Director of Finance.
(c) On or before June 30, 2013, the Director of Finance shall
determine if the revenues distributed to community college districts
pursuant to subparagraph (A) of paragraph (3) of subdivision (e)
Section 36 of Article XIII of the California Constitution exceed the
estimated amount reflected in the Budget Act of 2012, and shall
reduce Schedule (1) of Item 6870-101-0001 of Section 2.00 of the
Budget Act of 2012 by that same amount.
(d) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of his or
her intent to notify the Controller of the necessity to release
funds appropriated in subdivision (a) or to make the reduction
pursuant to subdivision (c), and the amount needed to address the
Education Protection Account shortfall determined pursuant to
subdivision (b) or the amount of the reduction made pursuant to
subdivision (c). The Controller shall make the funds available not
sooner than five days after this notification and the Office of the
Chancellor of the California Community Colleges shall work with the
Controller to allocate these funds to community college districts as
soon as practicable.
(e) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2012-13 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2012-13 fiscal year.
SEC. 88. (a) On or before June 30, 2014, an amount
to be determined by the Director of Finance shall be appropriated
from the General Fund to the Board of Governors of the California
Community Colleges in augmentation of Schedule (1) of Item
6870-101-0001 of Section 2.00 of the Budget Act of 2013.
(b) The funds appropriated in subdivision (a) shall only be
available to the extent that revenues distributed to community
colleges pursuant to subparagraph (A) of paragraph (3) of subdivision
(e) of Section 36 of Article XIII of the California Constitution are
less than the estimated amount reflected in the Budget Act of 2013,
as determined by the Director of Finance.
(c) On or before June 30, 2014, the Director of Finance shall
determine if the revenues distributed to community college districts
pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of
Section 36 of Article XIII of the California Constitution exceed the
estimated amount reflected in the Budget Act of 2013 and shall reduce
Schedule (1) of Item 6870-101-0001 of Section 2.00 of the Budget Act
of 2013 by that same amount.
(d) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of his or
her intent to notify the Controller of the necessity to release
funds appropriated in subdivision (a) or to make the reduction
pursuant to subdivision (c), and the amount needed to address the
Education Protection Account shortfall determined pursuant to
subdivision (b) or the amount of the reduction made pursuant to
subdivision (c). The Controller shall make the funds available not
sooner than five days after this notification and the Office of the
Chancellor of the California Community Colleges shall work with the
Controller to allocate these funds to community college districts as
soon as practicable.
(e) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2013-14 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2013-14 fiscal year.
SEC. 89. (a) On or before June 30, 2014, an amount
to be determined by the Director of Finance shall be appropriated
from the General Fund to the Board of Governors of the California
Community Colleges in augmentation of Schedule (1) of Item
6870-101-0001 of Section 2.00 of the Budget Act of 2013.
(b) The funds appropriated in subdivision (a) shall only be
available to the extent that revenues distributed to community
colleges pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of
the Health and Safety Code are less than the estimated amount
reflected in the Budget Act of 2013, as determined by the Director of
Finance.
(c) On or before June 30, 2014, the Director of Finance shall
determine if the revenues distributed to community college districts
pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health
and Safety Code exceed the estimated amount reflected in the Budget
Act of 2013 and shall reduce Schedule (1) of Item 6870-101-0001 of
Section 2.00 of the Budget Act of 2013 by the amount of that excess.
(d) In making the determinations pursuant to subdivisions (b) and
(c), the Director of Finance shall consider any other local property
tax revenues and student fee revenues collected in excess or in
deficit of the estimated amounts reflected in the Budget Act of 2013.
(e) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of his or
her intent to notify the Controller of the necessity to release
funds appropriated in subdivision (a) or to make the reduction
pursuant to subdivision (c), and the amount needed to address the
property tax shortfall determined pursuant to subdivision (b) or the
amount of the reduction made pursuant to subdivision (c). The
Controller shall make the funds available not sooner than five days
after this notification and the Office of the Chancellor of the
California Community Colleges shall work with the Controller to
allocate these funds to community college districts as soon as
practicable.
(f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2013-14 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2013-14 fiscal year.
SEC. 90. (a) On or before June 30, 2014, an amount
to be determined by the Director of Finance shall be appropriated
from the General Fund to the Superintendent of Public Instruction in
augmentation of Schedule (1) of Item 6110-161-0001 of Section 2.00 of
the Budget Act of 2013.
(b) The funds appropriated in subdivision (a) shall only be
available to the extent that revenues distributed to local
educational agencies for special education programs pursuant to
Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety
Code are less than the estimated amount reflected in the Budget Act
of 2013, as determined by the Director of Finance.
(c) On or before June 30, 2014, the Director of Finance shall
determine if the revenues distributed to local educational agencies
for special education programs pursuant to Sections 34177, 34179.5,
34179.6, and 34188 of the Health and Safety Code exceed the estimated
amount reflected in the Budget Act of 2013 and shall reduce Schedule
(1) of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013
by the amount of that excess.
(d) In making the determinations pursuant to subdivisions (b) and
(c), the Director of Finance shall consider any other local property
tax revenues collected in excess or in deficit of the estimated
amounts reflected in the Budget Act of 2013.
(e) The Director of Finance shall notify the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, of his or
her intent to notify the Controller of the necessity to release
funds appropriated in subdivision (a) or to make the reduction
pursuant to subdivision (c), and the amount needed to address the
property tax shortfall determined pursuant to subdivision (b) or the
amount of the reduction made pursuant to subdivision (c). The
Controller shall make the funds available not sooner than five days
after this notification and the State Department of Education shall
work with the Controller to allocate these funds to local educational
agencies as soon as practicable.
(f) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriations
made by subdivision (a) shall be deemed to be "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 of the Education Code, for the 2013-14 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2013-14 fiscal
year.
SEC. 91. Notwithstanding any other law, the funds
appropriated pursuant to Items 6110-158-0001 and 6110-161-0001 of
Section 2.00 of the Budget Act of 2013 shall be encumbered by July
31, 2014. This one-month extension of encumbrance authority is
provided due to the effect of the deferral of the June 2014 principal
apportionment on the budget items specified in this section. It is
the intent of the Legislature that, by extending the encumbrance
authority for the funds identified in this section to July 31, 2014,
the funds will be treated in a manner consistent with Section 1.80 of
the Budget Act of 2013.
SEC. 92. The Legislature finds and declares that
a special law, as set forth in Section 83 of this act, is necessary
and that a general law cannot be made applicable within the meaning
of Section 16 of Article IV of the California Constitution because of
the unique circumstances relating to the fiscal emergency in the
Inglewood Unified School District.
SEC. 93. 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.
SEC. 94. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2013.
