Bill Text: CA SB876 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education finance.
Spectrum: Unknown
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 687, Statutes of 2014. [SB876 Detail]
Download: California-2013-SB876-Amended.html
Bill Title: Education finance.
Spectrum: Unknown
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 687, Statutes of 2014. [SB876 Detail]
Download: California-2013-SB876-Amended.html
BILL NUMBER: SB 876 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 13, 2014
AMENDED IN ASSEMBLY AUGUST 12, 2014
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 9, 2014
An act to amend Sections 8278.3, 8357, 8447, 8450, 48000, 51749.5,
53012, 84754.6, 89295, 92495, and 92675 of the Education Code, and
to amend Section 10502 of the Public Contract Code, relating to
education finance, and making an appropriation therefor, to take
effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 876, as amended, Committee on Budget and Fiscal Review.
Education finance.
(1) Existing law establishes the Child Care Facilities Revolving
Fund, a continuously appropriated fund, to provide funding for the
renovation, repair, or improvement of an existing building to make it
suitable for licensure for child care and development services and
for the purchase of new relocatable child care facilities for lease
to local educational agencies and contracting agencies that provide
child care and development services. Existing law requires local
educational agencies and contracting agencies using facilities made
available by the use of these funds to be charged a leasing fee, as
specified, and requires the Superintendent of Public Instruction to
deposit any revenue derived from the lease payments into the fund.
Existing law requires augmentations to the fund made in the Budget
Act of 2014 to be used for renovation or repair of existing local
educational facilities or new relocatable child care facilities for
lease to local educational agencies that provide California state
preschool program services.
This bill would require the funding for the renovation, repair, or
improvement of an existing building to make it suitable for
licensure for child care and development services to be used for
loans, would require the loans to be repaid within a period that does
not exceed 10 years, and would require the Superintendent to deposit
all revenue derived from the loan repayments into the fund, thereby
making an appropriation. The bill would also require augmentations to
the fund made in the Budget Act of 2014 to be used for loans for
renovation or repair of existing local educational agency facilities
to ensure those facilities meet applicable health and safety
standards or the purchase of new relocatable child care facilities
for lease to local educational agencies, for the purpose of expanding
access to California state preschool program services.
(2) Existing law requires the cost of child care services provided
for CalWORKs recipients to be governed by regional market rates and
requires the regional market rate ceilings to be established at the
85th percentile of the 2005 regional market rate survey for that
region.
This bill, commencing January 1, 2015, would instead require the
regional market rate ceilings to be established at the greater of
either the 85th percentile of the 2009 regional market rate survey
for that region, reduced by 9%, 10.11%,
or the 85th percentile of the 2005 regional market rate survey for
that region.
(3) Existing law requires the Department of Finance and the
Department of General Services to approve or disapprove annual state
subsidized child care and development program contract funding terms
and conditions, including both family fee schedules and regional
market rate schedules that are required to be adhered to by contract.
Existing law, commencing January 1, 2015, requires the State
Department of Education to implement the regional market schedule
based upon the county aggregates, as determined by the Regional
Market survey conducted in 2009 and require the regional market rate
schedule to be reduced by 13%, except as specified.
This bill would instead require the regional market rate schedule
to be reduced by 9%, 10.11%, except as
specified.
(4) Existing law authorizes a child development contractor to
retain a reserve fund balance equal to 5% of the sum of the maximum
reimbursable amount of all contracts to which the contractor is a
party, or $2,000, whichever is greater, and authorizes a California
state preschool program contracting agency to retain in the reserve
fund an additional 10% of the sum of the maximum reimbursable amount
of all preschool contracts to which the contracting agency is a party
for purposes of professional development for California state
preschool program staff.
This bill would clarify the reserve fund balance limits that apply
to child development contractors and California state preschool
program contracting agencies, as specified.
(5) Existing law requires a school district or charter school, as
a condition of receipt of apportionment for pupils in a transitional
kindergarten program, to ensure that teachers who are assigned to a
transitional kindergarten class after July 1, 2015, be credentialed
and, by August 1, 2020, have a minimum number of units in early
childhood education or childhood development, comparable experience
in a preschool setting, or a child development permit issued by the
Commission on Teacher Credentialing.
This bill would instead require a school district or charter
school, as a condition of receipt of apportionment for pupils in a
transitional kindergarten program, to ensure that credentialed
teachers who are first assigned to a transitional kindergarten class
after July 1, 2015, have, by August 1, 2020, a minimum number of
units in early childhood education or childhood development,
comparable experience in a preschool setting, or a child development
teacher permit issued by the Commission on Teacher Credentialing.
(6) Existing law, commencing with the 2015-16 school year,
authorizes a school district, charter school, or county office of
education to provide independent study courses for pupils enrolled in
kindergarten and grades 1 to 12, inclusive, in accordance with
prescribed conditions. Existing law provides for the computation of
the average daily attendance for pupils enrolled in courses offered
pursuant to these provisions.
This bill would revise the computation of the average daily
attendance for those independent study courses by providing that if
more than 10% of the total average daily attendance of a school
district, charter school, or county office of education is claimed
pursuant to those courses, the amount of average daily attendance for
all pupils enrolled by that school district, charter school, or
county office of education enrolled in those courses that exceeds 10%
of the school district's, charter school's, or county office of
education's total average daily attendance shall be reduced, as
specified.
(7) Existing law establishes the California Career Pathways Trust
as a state education and economic and workforce development
initiative, requires the State Department of Education to administer
the trust as a competitive grant program, as specified, and provides
that a grant recipient may be a school district, county office of
education, direct-funded charter school, or community college
district.
This bill would provide that a regional occupational center or
program operated as a joint powers authority may also be a grant
recipient.
(8) Existing law requires the Chancellor of the California
Community Colleges to publicly post annual segmentwide and community
college district goals, and requires the chancellor, in coordination
with stakeholders, specified committees of the Legislature, and the
Department of Finance, to develop, and the board of governors to
adopt, a framework of indicators designed to measure and assess the
ongoing condition of a community college's operational environment in
specified areas. Existing law requires, as a condition of the
receipt of specified funds, each community college within a community
college district to annually develop, adopt, and post a goals
framework that addresses at least all of the specified areas
referenced above in connection with the measurement and assessment of
the ongoing condition of a community college's operational
environment.
This bill would state legislative intent regarding these goals
frameworks and would require the board of governors to annually
develop, adopt, and publicly post a systemwide goals framework that
addresses at least all of the specified areas referenced above in
connection with the measurement and assessment of the ongoing
condition of a community college's operational environment.
(9) Existing law requires the California State University and the
University of California to report, by March 15 of each year, on
specified performance measures, including various calculations of
graduation rates and amounts spent per degree, for the preceding
academic year.
This bill would express the intent of the Legislature that the
appropriate policy and fiscal committees of the Legislature review
these performance measures in a collaborative process with the
Department of Finance, the Legislative Analyst's Office, individuals
with expertise in statewide accountability efforts, the University of
California, the California State University, and the California
Community Colleges, and consider any recommendations for their
modification and refinement, as specified.
(10) Existing law establishes procedures to be followed by the
University of California if it plans to use any of the support
appropriation in the annual budget for a subsequent fiscal year for
capital expenditures, as specified. Under existing law, these
procedures include the submission of specified data to the Joint
Legislative Budget Committee.
This bill would revise these procedures to provide for the
submission of this data to the committees in each house of the
Legislature that consider the annual state budget and the budget
subcommittees in each house of the Legislature that consider
appropriations for the University of California, instead of to the
Joint Legislative Budget Committee.
(11) Existing law requires the Regents of the University of
California to give public notice of a project to bidders by
publication twice in one newspaper of general circulation published
in the county in which the major portion of the project is located
and in one trade paper circulated in the county in which the major
portion of the work is to be done, as specified, within the 60-day
period preceding the day set for the receiving of bids.
This bill would authorize the regents to give public notice of a
project to bidders under this provision either in the newspaper and
trade paper as indicated above or electronically on the Internet Web
site of the university.
(12) Existing law authorizes a school district or charter school
to maintain a transitional kindergarten program and defines
transitional kindergarten as the first year of a 2-year kindergarten
program that uses a modified kindergarten curriculum that is age and
developmentally appropriate. Existing law requires the Superintendent
of Public Instruction to administer all California state preschool
programs. Existing law requires those programs to include part-day
age and developmentally appropriate programs designed to facilitate
the transition to kindergarten for 3- and 4-year-old children.
Existing law requires the county board of supervisors and the county
superintendent of schools to select members of a local planning
council. Existing law requires a local planning council to conduct an
assessment of child care needs in the county no less than once every
5 years.
Of the moneys appropriated in the Budget Act of 2014, this bill
would allocate certain of those moneys for purposes of professional
development stipends, to be administered by local planning councils,
for teachers in transitional kindergarten and teachers in the
California state preschool program, as provided. By imposing a new
duty on a local planning council, the bill would create a
state-mandated local program.
(13) This bill would make nonsubstantive changes to these
provisions.
(14) Funds allocated 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, as provided.
(15) 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.
(16) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8278.3 of the Education Code is amended to
read:
8278.3. (a) (1) The Child Care Facilities Revolving Fund is
hereby established in the State Treasury to provide funding for loans
for the renovation, repair, or improvement of an existing building
to make the building suitable for licensure for child care and
development services, and for the purchase of new relocatable child
care facilities for lease to local educational agencies and
contracting agencies that provide child care and development
services, pursuant to this chapter. The Superintendent may transfer
state funds appropriated for child care facilities into this fund for
allocation to local educational agencies and contracting agencies,
as specified, for the purchase, transportation, and installation of
facilities for replacement and expansion of capacity. Local
educational agencies and contracting agencies using facilities
purchased by the use of these funds shall be charged a leasing fee,
either at a fair market value for those facilities or at an amount
sufficient to amortize the cost of purchase and relocation, whichever
amount is lower, over a 10-year period. Upon full repayment of the
purchase and relocation costs, title shall transfer from the State of
California to the local educational agency or contracting agency.
Loans for renovation or repair shall be repaid within a period that
does not exceed 10 years. The Superintendent shall deposit all
revenue derived from the lease payments or renovation or repair loan
repayments into the Child Care Facilities Revolving Fund.
(2) Notwithstanding Section 13340 of the Government Code, all
moneys in the fund, including moneys deposited from lease payments or
loan repayments, are continuously appropriated, without regard to
fiscal years, to the Superintendent for expenditure pursuant to this
article.
(3) Augmentations to the Child Care Facilities Revolving Fund made
in the Budget Act of 2014 shall be used for loans for renovation or
repair of existing local educational agency facilities to ensure
those facilities meet applicable health and safety standards or the
purchase of new relocatable child care facilities for lease to local
educational agencies, for the purpose of expanding access to
California state preschool program services pursuant to this chapter.
(b) On or before August 1 of each fiscal year, the Superintendent
shall submit to the Department of Finance and the Legislative Analyst'
s Office a report detailing the number of funding requests received
and their purpose, the types of agencies that received funding from
the Child Care Facilities Revolving Fund, the increased capacity that
these facilities generated, a description of the manner in which the
facilities are being used, and a projection of the lease payments
and loan repayments collected and the funds available for future use.
(c) A local educational agency that provides child care pursuant
to the California School Age Families Education Program (Article 7.1
(commencing with Section 54740) of Chapter 9 of Part 29 of Division 4
of Title 2) is eligible to apply for and receive funding pursuant to
this section.
SEC. 2. Section 8357 of the Education Code is amended to read:
8357. (a) The cost of child care services provided under this
article shall be governed by regional market rates. Recipients of
child care services provided pursuant to this article shall be
allowed to choose the child care services of licensed child care
providers or child care providers who are, by law, not required to be
licensed, and the cost of that child care shall be reimbursed by
counties or agencies that contract with the State Department of
Education if the cost is within the regional market rate. For
purposes of this section, "regional market rate" means care costing
no more than 1.5 market standard deviations above the mean cost of
care for that region. The regional market rate ceilings shall be
established at the 85th percentile of the 2005 regional market rate
survey for that region. Commencing January 1, 2015, the regional
market rate ceilings shall be established at the greater of either
the 85th percentile of the 2009 regional market rate survey for that
region, reduced by 9 10.11 percent, or
the 85th percentile of the 2005 regional market rate survey for that
region.
(b) Reimbursement to license-exempt child care providers shall not
exceed 60 percent of the family child care home rate established
pursuant to subdivision (a), effective July 1, 2011.
(c) Reimbursement to child care providers shall not exceed the fee
charged to private clients for the same service.
(d) Reimbursement shall not be made for child care services when
care is provided by parents, legal guardians, or members of the
assistance unit.
(e) A child care provider located on an Indian reservation or
rancheria and exempted from state licensing requirements shall meet
applicable tribal standards.
(f) For purposes of this section, "reimbursement" means a direct
payment to the provider of child care services, including
license-exempt providers. If care is provided in the home of the
recipient, payment may be made to the parent as the employer, and the
parent shall be informed of his or her concomitant legal and
financial reporting requirements. To allow time for the development
of the administrative systems necessary to issue direct payments to
providers, for a period not to exceed six months from the effective
date of this article, a county or an alternative payment agency
contracting with the State Department of Education may reimburse the
cost of child care services through a direct payment to a recipient
of aid rather than to the child care provider.
(g) Counties and alternative payment programs shall not be bound
by the rate limits described in subdivision (a) when there are, in
the region, no more than two child care providers of the type needed
by the recipient of child care services provided under this article.
(h) Notwithstanding any other law, reimbursements to child care
providers based upon a daily rate may only be authorized under either
of the following circumstances:
(1) A family has an unscheduled but documented need of six hours
or more per occurrence, such as the parent's need to work on a
regularly scheduled day off, that exceeds the certified need for
child care.
(2) A family has a documented need of six hours or more per day
that exceeds no more than 14 days per month. In no event shall
reimbursements to a provider based on the daily rate over one month's
time exceed the provider's equivalent full-time monthly rate or
applicable monthly ceiling.
(3) This subdivision shall not limit providers from being
reimbursed for services using a weekly or monthly rate, pursuant to
subdivision (c) of Section 8222.
SEC. 3. 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), until January 1, 2015, 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. Commencing January 1,
2015, the State Department of Education shall implement the regional
market rate schedules based upon the 85th percentile of county
aggregates, as determined by the Regional Market survey conducted in
2009. Commencing January 1, 2015, the regional market rate schedule
developed pursuant to this paragraph shall be reduced by 9
10.11 percent. If a ceiling for a county is less
than the ceiling provided for that county before January 1, 2015,
the State Department of Education shall use the ceiling from the
Regional Market survey conducted in 2005.
(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, modify related adjustment
factors, modify administrative or other service allowances, or
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
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 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.
SEC. 4. Section 8450 of the Education Code is amended to read:
8450. (a) All child development contractors are encouraged to
develop and maintain a reserve within the child development fund,
derived from earned but unexpended funds. Child development
contractors may retain all earned funds. For purposes of this
section, "earned funds" are those for which the required number of
eligible service units have been provided.
(b) (1) Earned funds shall not be expended for activities
proscribed by Section 8406.7. Earned but unexpended funds shall
remain in the contractor's reserve account within the child
development fund and shall be expended only by direct service child
development programs that are funded under contract with the
department.
(2) (A) Commencing July 1, 2011, a contractor may retain a reserve
fund balance, separate from the reserve fund retained pursuant to
subdivision (c) or (d), equal to 5 percent of the sum of the maximum
reimbursable amounts of all contracts to which the contractor is a
party, or two thousand dollars ($2,000), whichever is greater. This
paragraph applies to direct service child development contracting
agencies that are funded under contract with the department and are
not a California state preschool program contracting agency.
(B) A California state preschool program contracting agency may
retain a reserve fund balance, separate from the reserve fund
retained pursuant to subdivision (c) or (d), equal to 15 percent of
the sum of the maximum reimbursable amounts of all contracts to which
the contractor is a party, or two thousand dollars ($2,000),
whichever is greater. Of the 15 percent retained, 10 percent shall
solely be used for purposes of professional development for
California state preschool program instructional staff. This
paragraph applies to California state preschool program contracting
agencies that are funded under contract with the department.
(c) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund balance for a resource and referral program,
separate from the balance retained pursuant to subdivision (b) or
(d), not to exceed 3 percent of the contract amount. Funds from this
reserve account may be expended only by resource and referral
programs that are funded under contract with the department.
(d) Notwithstanding subdivisions (a) and (b), a contractor may
retain a reserve fund balance for alternative payment model and
certificate child care contracts, separate from the reserve fund
retained pursuant to subdivisions (b) and (c). Funds from this
reserve account may be expended only by alternative payment model and
certificate child care programs that are funded under contract with
the department. The reserve amount allowed by this section may not
exceed either of the following, whichever is greater:
(1) Two percent of the sum of the parts of each contract to which
that contractor is a party that is allowed for administration
pursuant to Section 8276.7 and that is allowed for supportive
services pursuant to the provisions of the contract.
(2) One thousand dollars ($1,000).
(e) Each contractor's audit shall identify any funds earned by the
contractor for each contract through the provision of contracted
services in excess of funds expended.
(f) Any interest earned on reserve funds shall be included in the
fund balance of the reserve. This reserve fund shall be maintained in
an interest-bearing account.
(g) Moneys in a contractor's reserve fund may be used only for
expenses that are reasonable and necessary costs as defined in
subdivision (n) of Section 8208.
(h) Any reserve fund balance in excess of the amount authorized
pursuant to subdivisions (b), (c), and (d) shall be returned to the
department pursuant to procedures established by the department.
(i) Upon termination of all child development contracts between a
contractor and the department, all moneys in a contractor's reserve
fund shall be returned to the department pursuant to procedures
established by the department.
(j) Expenditures from, additions to, and balances in, the reserve
fund shall be included in the contracting agency's annual financial
statements and audit.
SEC. 5. Section 48000 of the Education Code is amended to read:
48000. (a) A child shall be admitted to a kindergarten maintained
by the school district at the beginning of a school year, or at a
later time in the same year if the child will have his or her fifth
birthday on or before one of the following dates:
(1) December 2 of the 2011-12 school year.
(2) November 1 of the 2012-13 school year.
(3) October 1 of the 2013-14 school year.
(4) September 1 of the 2014-15 school year and each school year
thereafter.
(b) The governing board of a school district maintaining one or
more kindergartens may, on a case-by-case basis, admit to a
kindergarten a child having attained the age of five years at any
time during the school year with the approval of the parent or
guardian, subject to the following conditions:
(1) The governing board determines that the admittance is in the
best interests of the child.
(2) The parent or guardian is given information regarding the
advantages and disadvantages and any other explanatory information
about the effect of this early admittance.
(c) As a condition of receipt of apportionment for pupils in a
transitional kindergarten program pursuant to Section 46300, a school
district or charter school shall ensure the following:
(1) In the 2012-13 school year, a child who will have his or her
fifth birthday between November 2 and December 2 shall be admitted to
a transitional kindergarten program maintained by the school
district.
(2) In the 2013-14 school year, a child who will have his or her
fifth birthday between October 2 and December 2 shall be admitted to
a transitional kindergarten program maintained by the school
district.
(3) In the 2014-15 school year and each school year thereafter, a
child who will have his or her fifth birthday between September 2 and
December 2 shall be admitted to a transitional kindergarten program
maintained by the school district.
(d) For purposes of this section, "transitional kindergarten"
means the first year of a two-year kindergarten program that uses a
modified kindergarten curriculum that is age and developmentally
appropriate.
(e) A transitional kindergarten shall not be construed as a new
program or higher level of service.
(f) It is the intent of the Legislature that transitional
kindergarten curriculum be aligned to the California Preschool
Learning Foundations developed by the department.
(g) As a condition of receipt of apportionment for pupils in a
transitional kindergarten program pursuant to Section 46300, a school
district or charter school shall ensure that credentialed teachers
who are first assigned to a transitional kindergarten classroom after
July 1, 2015, have, by August 1, 2020, one of the following:
(1) At least 24 units in early childhood education, or childhood
development, or both.
(2) As determined by the local educational agency employing the
teacher, professional experience in a classroom setting with
preschool age children that is comparable to the 24 units of
education described in paragraph (1).
(3) A child development teacher permit issued by the Commission on
Teacher Credentialing.
SEC. 6. Section 51749.5 of the Education Code is amended to read:
51749.5. (a) Notwithstanding any other law, and commencing with
the 2015-16 school year, a school district, charter school, or county
office of education may, for pupils enrolled in kindergarten and
grades 1 to 12, inclusive, provide independent study courses pursuant
to the following conditions:
(1) The governing board or body of a participating school
district, charter school, or county office of education adopts
policies, at a public meeting, that comply with the requirements of
this section and any applicable regulations adopted by the state
board.
(2) A signed learning agreement is completed and on file pursuant
to Section 51749.6.
(3) Courses are taught under the general supervision of
certificated employees who hold the appropriate subject matter
credential pursuant to Section 44300 or 44865, or subdivision (l) of
Section 47605, meet the requirements for highly qualified teachers
pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.), and are employed by the school district, charter
school, or county office of education at which the pupil is enrolled,
or by a school district, charter school, or county office of
education that has a memorandum of understanding to provide the
instruction in coordination with the school district, charter school,
or county office of education at which the pupil is enrolled.
(4) (A) Courses are annually certified, by school district,
charter school, or county office of education governing board or body
resolution, to be of the same rigor and educational quality as
equivalent classroom-based courses, and shall be aligned to all
relevant local and state content standards.
(B) This certification shall, at a minimum, include the duration,
number of equivalent daily instructional minutes for each schoolday
that a pupil is enrolled, number of equivalent total instructional
minutes, and number of course credits for each course. This
information shall be consistent with that of equivalent
classroom-based courses.
(5) Pupils enrolled in courses authorized by this section shall
meet the applicable age requirements established pursuant to Sections
46300.1, 46300.4, 47612, and 47612.1.
(6) Pupils enrolled in courses authorized by this section shall
meet the applicable residency and enrollment requirements established
pursuant to Sections 46300.2, 47612, 48204, and 51747.3.
(7) (A) Certificated employees and each pupil shall communicate in
person, by telephone, or by any other live visual or audio
connection no less than twice per calendar month to assess whether
each pupil is making satisfactory educational progress.
(B) For purposes of this section, satisfactory educational
progress includes, but is not limited to, applicable statewide
accountability measures and the completion of assignments,
examinations, or other indicators that evidence that the pupil is
working on assignments, learning required concepts, and progressing
toward successful completion of the course, as determined by
certificated employees providing instruction.
(C) If satisfactory educational progress is not being made,
certificated employees providing instruction shall notify the pupil
and, if the pupil is less than 18 years of age, the pupil's parent or
legal guardian, and conduct an evaluation to determine whether it is
in the best interest of the pupil to remain in the course or whether
he or she should be referred to an alternative program, which may
include, but is not limited to, a regular school program. A written
record of the findings of an evaluation made pursuant to this
subdivision shall be treated as a mandatory interim pupil record. The
record shall be maintained for a period of three years from the date
of the evaluation and, if the pupil transfers to another California
public school, the record shall be forwarded to that school.
(D) Written or computer-based evidence of satisfactory educational
progress, as defined in subparagraph (B), shall be retained for each
course and pupil. At a minimum, this evidence shall include a grade
book or summary document that, for each course, lists all
assignments, examinations, and associated grades.
(8) A proctor shall administer examinations.
(9) (A) Statewide testing results for pupils enrolled in any
course authorized pursuant to this section shall be reported and
assigned to the school or charter school at which the pupil is
enrolled, and to any school district, charter school, or county
office of education within which that school's or charter school's
testing results are aggregated.
(B) Statewide testing results for pupils enrolled in a course or
courses pursuant to this section shall be disaggregated for purposes
of comparing the testing results of those pupils to the testing
results of pupils enrolled in classroom-based courses.
(10) A pupil shall not be required to enroll in courses authorized
by this section.
(11) The pupil-to-certificated-employee ratio limitations
established pursuant to Section 51745.6 are applicable to courses
authorized by this section.
(12) For each pupil, the combined equivalent daily instructional
minutes for enrolled courses authorized by this section and enrolled
courses authorized by all other laws and regulations shall meet the
minimum instructional day requirements applicable to the local
educational agency. Pupils enrolled in courses authorized by this
section shall be offered the minimum annual total equivalent
instructional minutes pursuant to Sections 46200 to 46208, inclusive,
and Section 47612.5.
(13) Courses required for high school graduation or for admission
to the University of California or California State University shall
not be offered exclusively through independent study.
(14) A pupil participating in independent study shall not be
assessed a fee prohibited by Section 49011.
(15) A pupil shall not be prohibited from participating in
independent study solely on the basis that he or she does not have
the materials, equipment, or Internet access that are necessary to
participate in the independent study course.
(b) For purposes of computing average daily attendance for each
pupil enrolled in one or more courses authorized by this section, the
following computations shall apply:
(1) (A) For each schoolday, add the combined equivalent daily
instructional minutes, as certified in paragraph (4) of subdivision
(a), for courses authorized by this section in which the pupil is
enrolled.
(B) For each schoolday, add the combined daily instructional
minutes of courses authorized by all other laws and regulations in
which the pupil is enrolled and for which the pupil meets applicable
attendance requirements.
(C) For each schoolday, add the sum of subparagraphs (A) and (B).
(2) If subparagraph (C) of paragraph (1) meets applicable minimum
schoolday requirements for each schoolday, and all other requirements
in this section have been met, credit each schoolday that the pupil
is demonstrating satisfactory educational progress pursuant to the
requirements of this section, with up to one school day of
attendance.
(3) (A) Using credited schoolday attendance pursuant to paragraph
(2), calculate average daily attendance pursuant to Section 41601 or
47612, whichever is applicable, for each pupil.
(B) The average daily attendance computed pursuant to this
subdivision shall not result in more than one unit of average daily
attendance per pupil.
(4) Notwithstanding any other law, average
daily attendance computed for pupils enrolled in courses authorized
by this section shall not be credited with average daily attendance
other than what is specified in this section.
(5) If more than 10 percent of the total average daily attendance
of a school district, charter school, or county office of education
is claimed pursuant to this section, then the amount of average daily
attendance for all pupils enrolled by that school district, charter
school, or county office of education in courses authorized pursuant
to this section that is in excess of 10 percent of the total average
daily attendance for the school district, charter school, or county
office of education shall be reduced by either (A) the statewide
average rate of absence for elementary school districts for
kindergarten and grades 1 to 8, inclusive, or (B) the statewide
average rate of absence for high school districts for grades 9 to 12,
inclusive, as applicable, as calculated by the department for the
prior fiscal year, with the resultant figures and ranges rounded to
the nearest 10th.
(c) For purposes of this section, "equivalent total instructional
minutes" means the same number of minutes as required for an
equivalent classroom-based course.
(d) Nothing in this section shall be deemed to prohibit the right
to collectively bargain any subject within the scope of
representation pursuant to Section 3543.2 of the Government Code.
(e) (1) The Superintendent shall conduct an evaluation of
independent study courses offered pursuant to this section and report
the findings to the Legislature and the Director of Finance no later
than September 1, 2019. The report shall, at a minimum, compare the
academic performance of pupils in independent study with
demographically similar pupils enrolled in equivalent classroom-based
courses.
(2) The requirement for submitting a report imposed under
paragraph (1) is inoperative on September 1, 2023, pursuant to
Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 7. Section 53012 of the Education Code is amended to read:
53012. A grant recipient under this chapter may be a school
district, county office of education, direct-funded charter school,
regional occupational center or program operated by a joint powers
authority, or community college district.
SEC. 8. Section 84754.6 of the Education Code is amended to read:
84754.6. (a) The Chancellor of the California Community Colleges,
in coordination with community college stakeholder groups, the
appropriate fiscal and policy committees of the Legislature, and the
Department of Finance, shall develop, and the board of governors
shall adopt, a framework of indicators designed to measure the
ongoing condition of a community college's operational environment in
the following areas:
(1) Accreditation status.
(2) Fiscal viability.
(3) Student performance and outcomes.
(4) Programmatic compliance with state and federal guidelines.
(b) As a condition of receipt of funds appropriated for purposes
of Article 1 (commencing with Section 78210) of Chapter 2 of Part 48,
each community college within a community college district shall
develop, adopt, and publicly post a goals framework that addresses at
least all of the areas specified in subdivision (a). The development
of the goals framework shall be guided by the statewide goals
outlined in Section 66010.91. It is the intent of the Legislature
that these goals be challenging and quantifiable, address achievement
gaps for underrepresented populations, and align the educational
attainment of California's adult population to the workforce and
economic needs of the state, pursuant to the legislative intent
expressed in Section 66010.93.
(c) The board of governors shall annually develop, adopt, and
publicly post a systemwide goals framework that addresses at least
all of the areas specified in subdivision (a). The development of the
systemwide goals shall be guided by the statewide goals set forth in
Section 66010.91. It is the intent of the Legislature that these
goals be challenging and quantifiable, address achievement gaps for
underrepresented populations, and align the educational attainment of
California's adult population to the workforce and economic needs of
the state, pursuant to the legislative intent expressed in Section
66010.93.
(d) Before the commencement of the 2015-16 fiscal year, and before
the commencement of each fiscal year thereafter, the Chancellor of
the California Community Colleges shall publicly post both of the
following:
(1) Annually developed systemwide goals adopted by the board of
governors.
(2) Locally developed and adopted community college or community
college district goals and targets.
(e) Subject to the availability of funding in the annual Budget
Act, the board of governors and the Chancellor of the California
Community Colleges shall assess the degree to which each community
college district is improving its outcomes in regard to the areas
specified in subdivision (a) and any additional issues addressed in
the goals frameworks described in subdivision (b), and shall offer
technical assistance to community college districts that are not
improving.
(f) If a community college district is receiving technical
assistance pursuant to subdivision (e), the community college
district shall submit a turnaround plan that details all of the
following:
(1) The problem the technical assistance is attempting to solve.
(2) How the identified problem will be addressed in a plan adopted
by the governing board of the community college district.
(3) A timetable of major milestones for improvement.
(4) Updates that will be submitted to the Chancellor of the
California Community Colleges on the outcomes in regard to those
milestones, as scheduled by the chancellor.
SEC. 9. Section 89295 of the Education Code is amended to read:
89295. (a) For purposes of this section, the following terms are
defined as follows:
(1) The "four-year graduation rate" means the percentage of a
cohort of undergraduate students who entered the university as
freshmen at any campus and graduated from any campus within four
years.
(2) The "six-year graduation rate" means the percentage of a
cohort of undergraduate students who entered the university as
freshmen at any campus and graduated from any campus within six
years.
(3) The "two-year transfer graduation rate" means the percentage
of a cohort of undergraduate students who entered the university at
any campus as junior-level transfer students from the California
Community Colleges and graduated from any campus within two years.
(4) The "three-year transfer graduation rate" means the percentage
of a cohort of undergraduate students who entered the university as
junior-level transfer students from the California Community Colleges
at any campus and graduated from any campus within three years.
(5) The "four-year transfer graduation rate" means the percentage
of a cohort of undergraduate students who entered the university as
junior-level transfer students from the California Community Colleges
at any campus and graduated from any campus within four years.
(6) "Low-income student" means an undergraduate student who has an
expected family contribution, as defined in subdivision (g) of
Section 69432.7, at any time during the student's matriculation at
the institution that would qualify the student to receive a federal
Pell Grant. The calculation of a student's expected family
contribution shall be based on the Free Application for Federal
Student Aid (FAFSA) application or an application determined by the
California Student Aid Commission to be equivalent to the FAFSA
application submitted by that applicant.
(b) Commencing with the 2013-14 academic year, the California
State University shall report, by March 15 of each year, on the
following performance measures for the preceding academic year, to
inform budget and policy decisions and promote the effective and
efficient use of available resources:
(1) The number of California Community College transfer students
enrolled and the percentage of California Community College transfer
students as a proportion of the total number of undergraduate
students enrolled.
(2) The number of new California Community College transfer
students enrolled and the percentage of new California Community
College transfer students as a proportion of the total number of new
undergraduate students enrolled.
(3) The number of low-income students enrolled and the percentage
of low-income students as a proportion of the total number of
undergraduate students enrolled.
(4) The number of new low-income students enrolled and the
percentage of low-income students as a proportion of the total number
of new undergraduate students enrolled.
(5) The four-year graduation rate for students who entered the
university four years prior and, separately, for low-income students
in that cohort.
(6) The four-year and six-year graduation rates for students who
entered the university six years prior and, separately, for
low-income students in that cohort.
(7) The two-year transfer graduation rate for students who entered
the university two years prior and, separately, for low-income
students in that cohort.
(8) The two-year and three-year transfer graduation rates for
students who entered the university three years prior and,
separately, for low-income students in that cohort.
(9) The two-year, three-year, and four-year transfer graduation
rates for students who entered the university four years prior and,
separately, for low-income students in that cohort.
(10) The number of degree completions annually, in total and for
the following categories:
(A) Freshman entrants.
(B) California Community College transfer students.
(C) Graduate students.
(D) Low-income students.
(11) The percentage of freshman entrants who have earned
sufficient course credits by the end of their first year of
enrollment to indicate that they will graduate within four years.
(12) The percentage of California Community College transfer
students who have earned sufficient course credits by the end of
their first year of enrollment to indicate that they will graduate
within two years.
(13) For all students, the total amount of funds received from all
sources identified in subdivision (c) of Section 89290 for the year,
divided by the number of degrees awarded that same year.
(14) For undergraduate students, the total amount of funds
received from all sources identified in subdivision (c) of Section
89290 for the year expended for undergraduate education, divided by
the number of undergraduate degrees awarded that same year.
(15) The average number of California State University course
credits and the total course credits, including credits accrued at
other institutions, accumulated by all undergraduate students who
graduated, and separately for freshman entrants and California
Community College transfer students.
(16) (A) The number of degree completions in science, technology,
engineering, and mathematics (STEM) fields, in total, and separately
for undergraduate students, graduate students, and low-income
students.
(B) For purposes of subparagraph (A), "STEM fields" include, but
are not necessarily limited to, all of the following: computer and
information sciences, engineering and engineering technologies,
biological and biomedical sciences, mathematics and statistics,
physical sciences, and science technologies.
(c) It is the intent of the Legislature that the appropriate
policy and fiscal committees of the Legislature review these
performance measures in a collaborative process with the Department
of Finance, the Legislative Analyst's Office, individuals with
expertise in statewide accountability efforts, the University of
California, the California State University, and, for purposes of
data integrity and consistency, the California Community Colleges,
and consider any recommendations for their modification and
refinement. It is further the intent of the Legislature that any
modification or refinement of these measures be guided by the
legislative intent expressed in Section 66010.93.
SEC. 10. Section 92495 of the Education Code is amended to read:
92495. (a) (1) Commencing with the 2013-14 fiscal year and for
each fiscal year thereafter, if the University of California plans to
use any of its support appropriation in the annual budget for the
subsequent fiscal year for capital expenditures pursuant to Section
92493, as defined in paragraph (1) of subdivision (b) of that
section, or for capital outlay projects pursuant to Section 92494, as
defined in paragraph (1) of subdivision (b) of that section, it
shall simultaneously submit, on or before September 1, 10 months
before the commencement of that fiscal year, a report to the
committees in each house of the Legislature that consider the annual
state budget, the budget subcommittees in each house of the
Legislature that consider appropriations for the University of
California, and the Department of Finance.
(2) The report shall detail the scope of capital expenditures or
capital outlay projects and how the capital expenditures or capital
outlay projects will be funded, and it shall provide the same level
of detail as a capital outlay budget change proposal.
(3) The Department of Finance shall review the report and submit,
by February 1, a list of preliminarily approved capital expenditures
and capital outlay projects to the committees in each house of the
Legislature that consider the annual state budget and the budget
subcommittees in each house of the Legislature that consider
appropriations for the University of California. These committees may
review and respond to the list of preliminarily approved capital
expenditures and capital outlay projects before April 1.
(4) The Department of Finance shall submit a final list of
approved capital expenditures and capital outlay projects to the
University of California no earlier than April 1, three months before
the commencement of the fiscal year of the planned expenditures.
(b) The Department of Finance may approve capital expenditures
defined in paragraph (3) of subdivision (b) of Section 92493, or
capital outlay projects defined in paragraph (2) of subdivision (b)
of Section 92494, no sooner than 30 days after submitting, in
writing, a list of capital expenditures and capital outlay projects
being considered for approval to the chairpersons of the committees
in each house of the Legislature that consider appropriations, the
chairpersons of the committees and the appropriate subcommittees in
each house of the Legislature that consider the State Budget, and the
Chairperson of the Joint Legislative Budget Committee.
(c) The University of California shall not use its General Fund
support appropriation to fund a capital expenditure defined in
paragraph (1) or (3) of subdivision (b) of Section 92493, or capital
outlay project defined in subdivision (b) of Section 92494, before
receiving approval from the Department of Finance pursuant to this
section.
(d) (1) For the 2013-14 fiscal year only, if the University of
California plans to use any of its support appropriation in the
annual budget for the 2013-14 fiscal year for capital expenditures
pursuant to Section 92493, as defined in paragraph (1) of subdivision
(b) of that section, or for capital outlay projects pursuant to
Section 92494, it shall simultaneously submit, on or before August 1
of that fiscal year, a report to the Joint Legislative Budget
Committee and the Department of Finance. This report shall detail the
scope of each capital outlay project or capital expenditure and how
it will be funded, and it shall provide the same level of detail as a
capital outlay budget change proposal.
(2) The Department of Finance shall review the report and submit a
list of preliminarily approved projects to the Joint Legislative
Budget Committee by November 1 of that fiscal year.
(3) The Department of Finance shall submit a final list of
approved projects to the University of California no earlier than
December 1 of that fiscal year.
(4) The University of California shall not proceed with any
capital expenditures pursuant to Section 92493, as defined in
paragraph (1) of subdivision (b) of that section, or capital outlay
projects pursuant to Section 92494, before receiving approval from
the Department of Finance pursuant to this subdivision.
(e) Notwithstanding subdivision (b), the University of California
may use the authority provided in Section 92493 for the Merced
Classroom and Academic Office Building, as specified in Provision 3
of Item 6440-001-0001 of Section 2.00 of the Budget Act of 2013.
(f) Notwithstanding Section 10231.5 of the Government Code,
commencing with the 2014-15 fiscal year, on or before February 1 of
each fiscal year, the University of California shall simultaneously
submit a progress report to the Joint Legislative Budget Committee
and the Department of Finance detailing the scope, funding, and
current status of all capital expenditures undertaken pursuant to
Section 92493 and for all capital outlay projects undertaken pursuant
to Section 92494.
SEC. 11. Section 92675 of the Education Code is amended to read:
92675. (a) For purposes of this section, the following terms are
defined as follows:
(1) The "four-year graduation rate" means the percentage of a
cohort of undergraduate students who entered the university as
freshmen at any campus and graduated from any campus within four
years.
(2) The "two-year transfer graduation rate" means the percentage
of a cohort of undergraduate students who entered the university at
any campus as junior-level transfer students from the California
Community Colleges and graduated from any campus within two years.
(3) "Low-income student" means an undergraduate student who has an
expected family contribution, as defined in subdivision (g) of
Section 69432.7, at any time during the student's matriculation at
the institution that would qualify the student to receive a federal
Pell Grant. The calculation of a student's expected family
contribution shall be based on the Free Application for Federal
Student Aid (FAFSA) application or an application determined by the
California Student Aid Commission to be equivalent to the FAFSA
application submitted by that applicant.
(b) Commencing with the 2013-14 academic year, the University of
California shall report, by March 15 of each year, on the following
performance measures for the preceding academic year, to inform
budget and policy decisions and promote the effective and efficient
use of available resources:
(1) The number of transfer students enrolled from the California
Community Colleges, and the percentage of California Community
College transfer students as a proportion of the total number of
undergraduate students enrolled.
(2) The number of new transfer students enrolled from the
California Community Colleges, and the percentage of California
Community College transfer students as a proportion of the total
number of new undergraduate students enrolled.
(3) The number of low-income students enrolled and the percentage
of low-income students as a proportion of the total number of
undergraduate students enrolled.
(4) The number of new low-income students enrolled and the
percentage of low-income students as a proportion of the total number
of new undergraduate students enrolled.
(5) The four-year graduation rate for students who entered the
university four years prior and, separately, for low-income students
in that cohort.
(6) The two-year transfer graduation rate for students who entered
the university two years prior and, separately, for low-income
students in that cohort.
(7) The number of degree completions, in total and for the
following categories:
(A) Freshman entrants.
(B) California Community College transfer students.
(C) Graduate students.
(D) Low-income students.
(8) The percentage of freshman entrants who have earned sufficient
course credits by the end of their first year of enrollment to
indicate they will graduate within four years.
(9) The percentage of California Community College transfer
students who have earned sufficient course credits by the end of
their first year of enrollment to indicate they will graduate within
two years.
(10) For all students, the total amount of funds received from all
sources identified in subdivision (c) of Section 92670 for the year,
divided by the number of degrees awarded that same year.
(11) For undergraduate students, the total amount of funds
received from the sources identified in subdivision (c) of Section
92670 for the year expended for undergraduate education, divided by
the number of undergraduate degrees awarded that same year.
(12) The average number of University of California course credits
and total course credits, including credit accrued at other
institutions, accumulated by all undergraduate students who
graduated, and separately for freshman entrants and California
Community College transfer students.
(13) (A) The number of degree completions in science, technology,
engineering, and mathematics (STEM) fields, in total, and separately
for undergraduate students, graduate students, and low-income
students.
(B) For purposes of subparagraph (A), "STEM fields" include, but
are not necessarily limited to, all of the following: computer and
information sciences, engineering and engineering technologies,
biological and biomedical sciences, mathematics and statistics,
physical sciences, and science technologies.
(c) It is the intent of the Legislature that the appropriate
policy and fiscal committees of the Legislature review these
performance measures in a collaborative process with the Department
of Finance, the Legislative Analyst's Office, individuals with
expertise in statewide accountability efforts, the University of
California, the California State University, and, for purposes of
data integrity and consistency, the California Community Colleges,
and consider any recommendations for their modification and
refinement. It is further the intent of the Legislature that any
modification or refinement of these measures be guided by the
legislative intent expressed in Section 66010.93.
SEC. 12. Section 10502 of the Public Contract Code is amended to
read:
10502. The Regents of the University of California shall give
public notice of a project to bidders by publication twice within the
60-day period preceding the day set for the receiving of bids as
follows:
(a) Either in one newspaper of general circulation published in
the county in which the major portion of the project is located and
in one such trade paper circulated in the county in which the major
portion of the work is to be done or electronically on the Internet
Web site of the university.
(b) The notices shall state the time and place for the receiving
and opening of sealed bids, describe in general terms the work to be
done, and describe the bidding mode by which the lowest responsible
bidder will be selected.
SEC. 13. (a) Of the moneys appropriated in Item 6110-196-0001 of
the Budget Act of 2014, the sum of fifteen million dollars
($15,000,000) shall be allocated to the State Department of Education
to be used to fund professional development stipends for teachers,
to be administered by local planning councils established pursuant to
Chapter 2.3 (commencing with Section 8499) of Part 6 of Division 1
of Title 1 of the Education Code. The funds shall be allocated as
follows:
(1) (A) First priority shall be for professional development
stipends for transitional kindergarten teachers.
(B) For purposes of this paragraph, professional development
stipends shall include, but shall not be limited to, stipends for
credentialed teachers to complete at least 24 units in early
childhood education or childhood development, or a combination of
both, pursuant to paragraph (1) of subdivision (g) of Section 48000
of the Education Code.
(2) Second priority shall be for professional development stipends
for teachers in the California state preschool program, pursuant to
Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of
Division 1 of Title 1 of the Education Code for the costs of credit
bearing coursework in early childhood education, child development,
or both.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the allocations for
professional development activities pursuant to this section are
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, 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 of the Education Code,
for that fiscal year.
SEC. 14. 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. 15. 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.
