Bill Text: CA SB942 | 2011-2012 | Regular Session | Chaptered
Bill Title: Education.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2011-09-26 - Chaptered by Secretary of State. Chapter 347, Statutes of 2011. [SB942 Detail]
Download: California-2011-SB942-Chaptered.html
BILL NUMBER: SB 942 CHAPTERED
BILL TEXT
CHAPTER 347
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2011
APPROVED BY GOVERNOR SEPTEMBER 26, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY AUGUST 25, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JUNE 29, 2011
AMENDED IN SENATE APRIL 28, 2011
INTRODUCED BY Committee on Education (Senators Lowenthal (Chair),
Alquist, Blakeslee, Hancock, Huff, Liu, Price, Runner, Simitian, and
Vargas)
MARCH 24, 2011
An act to amend Sections 8206.1, 8208, 8236, 8278.3, 8279.7, 8286,
8484.9, 8802, 8803, 8807, 10601.5, 11800, 17250.40, 33126.2, 40081,
41327.1, 41327.2, 42127.8, 44280, 48005.45, 49701, 52055.730,
52055.760, 52055.770, 52254, 52270, 52272, 56030.5, 56337, 56363,
56441.11, 60855, and 60900 of, to repeal Sections 44265.2 and 52128.5
of, to repeal Article 3.8 (commencing with Section 32239.5) of
Chapter 2 of Part 19 of Division 1 of Title 1 of, to repeal Article
3.5 (commencing with Section 52360) of Chapter 9 of Part 28 of
Division 4 of Title 2 of, and to repeal Chapter 16 (commencing with
Section 53050) of Part 28 of, and to repeal Chapter 2 (commencing
with Section 63050) of Part 35 of, Division 4 of Title 2 of, the
Education Code, to amend Sections 42630, 42645, 71300, and 71301 of
the Public Resources Code, and to amend Sections 4380, 18986.3,
18986.20, 18986.23, and 18986.24 of, and to repeal Sections 2102,
4341.1, and 5870 of, the Welfare and Institutions Code, relating to
education.
LEGISLATIVE COUNSEL'S DIGEST
SB 942, Committee on Education. Education.
(1) Existing law gives the Secretary for Education duties with
respect to various child care and development, school, and education
programs, including, among others, serving on advisory bodies,
receiving reports, and consulting on various matters.
This bill would eliminate the secretary's duties with regard to
specified programs, including, among others, the Child Care
Facilities Revolving Fund, the Advisory Committee on Before and After
School Programs, the Healthy Start Support Services for Children
program, the California Longitudinal Teacher Integrated Data
Education System, the Quality Education Investment Act of 2006, and
the California Longitudinal Pupil Achievement Data System advisory
board. The bill would transfer certain of these duties to the
President of the State Board of Education.
(2) Existing law establishes the Education Technology Grant
Program to provide one-time grants to school districts and charter
schools for purposes of acquiring computers for instructional
purposes at public schools and requires the Office of the Secretary
for Education to administer the application process for the award of
grants. Existing law establishes the Digital High School Education
Technology Grant Program with the objective of providing all high
school pupils with basic computer skills. The Governor's Office of
Child Development and Education is required to provide input on grant
application criteria.
This bill would transfer to the President of the State Board of
Education the duties of the Governor's Office of Child Development
and Education and the Office of the Secretary for Education under
these programs.
(3) Existing law establishes the Industry-Based Certification
Incentive Grant Program for the purpose of awarding grants to
selected school districts, county offices of education, and regional
occupational centers and programs to establish industry-based
certification programs within their career technical programs.
Existing law requires the State Department of Education, in
consultation with the Secretary for Education, to administer the
program.
This bill would repeal the program.
(4) Existing law establishes the Governor's Reading Award Program,
a grant program for school districts that maintain kindergarten or
any of grades 1 to 8, inclusive, and requires the Secretary for
Education to administer the program on behalf of the Governor.
Existing law requires the Secretary for Education, subject to the
availability of funding, to contract for the development and
establishment of a public involvement campaign to inform Californians
that promoting reading in the public schools as a key to success in
life is the responsibility of all Californians.
This bill would repeal the Governor's Reading Award Program and
the requirement that the secretary contract for the public
involvement campaign.
(5) Existing law governing special education programs contains
references to mental retardation.
This bill would change those references to intellectual
disability.
(6) This bill would make technical and conforming changes and
would repeal some obsolete provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8206.1 of the Education Code is amended to
read:
8206.1. (a) The Superintendent shall collaborate with the
Secretary of Health and Human Services, with the advice and
assistance of the Child Development Programs Advisory Committee, in
the development of the state plan required pursuant to the federal
Child Care and Development Fund, before submitting or reporting on
that plan to the federal Secretary of Health and Human Services.
(b) (1) For purposes of this section, "Child Care and Development
Fund" has the same meaning as in Section 98.2 of Title 45 of the Code
of Federal Regulations.
(2) For the purposes of this section, "collaborate" means to
cooperate with and to consult with.
(c) As required by federal law, the department shall develop an
expenditure plan that sets forth the final priorities for child care.
The department shall coordinate with the State Department of Social
Services, the California Children and Families Commission, and other
stakeholders, including the Department of Finance, to develop the
Child Care and Development Fund (CCDF) Plan. On or before February 1
of the year that the CCDF Plan is due to the federal government, the
department shall release a draft of the plan. The department shall
then commence a 30-day comment period that shall include at least one
hearing and the opportunity for written comments. Before the May
budget revision, the department shall provide the revised CCDF Plan
to the chairs of the committees of each house of the Legislature that
consider appropriations, and shall provide a report on the plan to
the committees in each house of the Legislature that consider the
annual Budget Act appropriation.
SEC. 2. Section 8208 of the Education Code is amended to read:
8208. As used in this chapter:
(a) "Alternative payments" includes payments that are made by one
child care agency to another agency or child care provider for the
provision of child care and development services, and payments that
are made by an agency to a parent for the parent's purchase of child
care and development services.
(b) "Alternative payment program" means a local government agency
or nonprofit organization that has contracted with the department
pursuant to Section 8220.1 to provide alternative payments and to
provide support services to parents and providers.
(c) "Applicant or contracting agency" means a school district,
community college district, college or university, county
superintendent of schools, county, city, public agency, private
nontax-exempt agency, private tax-exempt agency, or other entity that
is authorized to establish, maintain, or operate services pursuant
to this chapter. Private agencies and parent cooperatives, duly
licensed by law, shall receive the same consideration as any other
authorized entity with no loss of parental decisionmaking
prerogatives as consistent with the provisions of this chapter.
(d) "Assigned reimbursement rate" is that rate established by the
contract with the agency and is derived by dividing the total dollar
amount of the contract by the minimum child day of average daily
enrollment level of service required.
(e) "Attendance" means the number of children present at a child
care and development facility. "Attendance," for purposes of
reimbursement, includes excused absences by children because of
illness, quarantine, illness or quarantine of their parent, family
emergency, or to spend time with a parent or other relative as
required by a court of law or that is clearly in the best interest of
the child.
(f) "Capital outlay" means the amount paid for the renovation and
repair of child care and development facilities to comply with state
and local health and safety standards, and the amount paid for the
state purchase of relocatable child care and development facilities
for lease to qualifying contracting agencies.
(g) "Caregiver" means a person who provides direct care,
supervision, and guidance to children in a child care and development
facility.
(h) "Child care and development facility" means any residence or
building or part thereof in which child care and development services
are provided.
(i) "Child care and development programs" means those programs
that offer a full range of services for children from infancy to 13
years of age, for any part of a day, by a public or private agency,
in centers and family child care homes. These programs include, but
are not limited to, all of the following:
(1) General child care and development.
(2) Migrant child care and development.
(3) Child care provided by 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).
(4) California state preschool program.
(5) Resource and referral.
(6) Child care and development services for children with
exceptional needs.
(7) Family child care home education network.
(8) Alternative payment.
(9) Schoolage community child care.
(j) "Child care and development services" means those services
designed to meet a wide variety of needs of children and their
families, while their parents or guardians are working, in training,
seeking employment, incapacitated, or in need of respite. These
services may include direct care and supervision, instructional
activities, resource and referral programs, and alternative payment
arrangements.
(k) "Children at risk of abuse, neglect, or exploitation" means
children who are so identified in a written referral from a legal,
medical, or social service agency, or emergency shelter.
(l) "Children with exceptional needs" means either of the
following:
(1) Infants and toddlers under three years of age who have been
determined to be eligible for early intervention services pursuant to
the California Early Intervention Services Act (Title 14 (commencing
with Section 95000) of the Government Code) and its implementing
regulations. These children include an infant or toddler with a
developmental delay or established risk condition, or who is at high
risk of having a substantial developmental disability, as defined in
subdivision (a) of Section 95014 of the Government Code. These
children shall have active individualized family service plans, shall
be receiving early intervention services, and shall be children who
require the special attention of adults in a child care setting.
(2) Children ages 3 to 21 years, inclusive, who have been
determined to be eligible for special education and related services
by an individualized education program team according to the special
education requirements contained in Part 30 (commencing with Section
56000) of Division 4 of Title 2, and who meet eligibility criteria
described in Section 56026 and, Article 2.5 (commencing with Section
56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections
3030 and 3031 of Title 5 of the California Code of Regulations.
These children shall have an active individualized education program,
shall be receiving early intervention services or appropriate
special education and related services, and shall be children who
require the special attention of adults in a child care setting.
These children include children with intellectual disabilities,
hearing impairments (including deafness), speech or language
impairments, visual impairments (including blindness), serious
emotional disturbance (also referred to as emotional disturbance),
orthopedic impairments, autism, traumatic brain injury, other health
impairments, or specific learning disabilities, who need special
education and related services consistent with Section 1401(3)(A) of
Title 20 of the United States Code.
(m) "Closedown costs" means reimbursements for all approved
activities associated with the closing of operations at the end of
each growing season for migrant child development programs only.
(n) "Cost" includes, but is not limited to, expenditures that are
related to the operation of child care and development programs.
"Cost" may include a reasonable amount for state and local
contributions to employee benefits, including approved retirement
programs, agency administration, and any other reasonable program
operational costs. "Cost" may also include amounts for licensable
facilities in the community served by the program, including lease
payments or depreciation, downpayments, and payments of principal and
interest on loans incurred to acquire, rehabilitate, or construct
licensable facilities, but these costs shall not exceed fair market
rents existing in the community in which the facility is located.
"Reasonable and necessary costs" are costs that, in nature and
amount, do not exceed what an ordinary prudent person would incur in
the conduct of a competitive business.
(o) "Elementary school," as contained in former Section 425 of
Title 20 of the United States Code (the National Defense Education
Act of 1958, Public Law 85-864, as amended), includes early childhood
education programs and all child development programs, for the
purpose of the cancellation provisions of loans to students in
institutions of higher learning.
(p) "Family child care home education network" means an entity
organized under law that contracts with the department pursuant to
Section 8245 to make payments to licensed family child care home
providers and to provide educational and support services to those
providers and to children and families eligible for state-subsidized
child care and development services. A family child care home
education network may also be referred to as a family child care home
system.
(q) "Health services" include, but are not limited to, all of the
following:
(1) Referral, whenever possible, to appropriate health care
providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range
of immunization recorded on the appropriate state immunization form
to the extent provided by the Medi-Cal Act (Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code) and the Child Health and Disability Prevention
Program (Article 6 (commencing with Section 124025) of Chapter 3 of
Part 2 of Division 106 of the Health and Safety Code), but only to
the extent that ongoing care cannot be obtained utilizing community
resources.
(3) Health education and training for children, parents, staff,
and providers.
(4) Followup treatment through referral to appropriate health care
agencies or individual health care professionals.
(r) "Higher educational institutions" means the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Community
Colleges, and the governing bodies of any accredited private
nonprofit institution of postsecondary education.
(s) "Intergenerational staff" means persons of various
generations.
(t) "Limited-English-speaking-proficient and
non-English-speaking-proficient children" means children who are
unable to benefit fully from an English-only child care and
development program as a result of either of the following:
(1) Having used a language other than English when they first
began to speak.
(2) Having a language other than English predominantly or
exclusively spoken at home.
(u) "Parent" means a biological parent, stepparent, adoptive
parent, foster parent, caretaker relative, or any other adult living
with a child who has responsibility for the care and welfare of the
child.
(v) "Program director" means a person who, pursuant to Sections
8244 and 8360.1, is qualified to serve as a program director.
(w) "Proprietary child care agency" means an organization or
facility providing child care, which is operated for profit.
(x) "Resource and referral programs" means programs that provide
information to parents, including referrals and coordination of
community resources for parents and public or private providers of
care. Services frequently include, but are not limited to: technical
assistance for providers, toy-lending libraries, equipment-lending
libraries, toy- and equipment-lending libraries, staff development
programs, health and nutrition education, and referrals to social
services.
(y) "Severely disabled children" are children with exceptional
needs from birth to 21 years of age, inclusive, who require intensive
instruction and training in programs serving pupils with the
following profound disabilities: autism, blindness, deafness, severe
orthopedic impairments, serious emotional disturbances, or severe
intellectual disabilities. "Severely disabled children" also include
those individuals who would have been eligible for enrollment in a
developmental center for handicapped pupils under Chapter 6
(commencing with Section 56800) of Part 30 of Division 4 of Title 2
as it read on January 1, 1980.
(z) "Short-term respite child care" means child care service to
assist families whose children have been identified through written
referral from a legal, medical, or social service agency, or
emergency shelter as being neglected, abused, exploited, or homeless,
or at risk of being neglected, abused, exploited, or homeless. Child
care is provided for less than 24 hours per day in child care
centers, treatment centers for abusive parents, family child care
homes, or in the child's own home.
(aa) (1) "Site supervisor" means a person who, regardless of his
or her title, has operational program responsibility for a child care
and development program at a single site. A site supervisor shall
hold a permit issued by the Commission on Teacher Credentialing that
authorizes supervision of a child care and development program
operating in a single site. The Superintendent may waive the
requirements of this subdivision if the Superintendent determines
that the existence of compelling need is appropriately documented.
(2) For California state preschool programs, a site supervisor may
qualify under any of the provisions in this subdivision, or may
qualify by holding an administrative credential or an administrative
services credential. A person who meets the qualifications of a
program director under both Sections 8244 and 8360.1 is also
qualified under this subdivision.
(ab) "Standard reimbursement rate" means that rate established by
the Superintendent pursuant to Section 8265.
(ac) "Startup costs" means those expenses an agency incurs in the
process of opening a new or additional facility prior to the full
enrollment of children.
(ad) "California state preschool program" means part-day and
full-day educational programs for low-income or otherwise
disadvantaged three- and four-year-old children.
(ae) "Support services" means those services that, when combined
with child care and development services, help promote the healthy
physical, mental, social, and emotional growth of children. Support
services include, but are not limited to: protective services, parent
training, provider and staff training, transportation, parent and
child counseling, child development resource and referral services,
and child placement counseling.
(af) "Teacher" means a person with the appropriate permit issued
by the Commission on Teacher Credentialing who provides program
supervision and instruction that includes supervision of a number of
aides, volunteers, and groups of children.
(ag) "Underserved area" means a county or subcounty area,
including, but not limited to, school districts, census tracts, or
ZIP Code areas, where the ratio of publicly subsidized child care and
development program services to the need for these services is low,
as determined by the Superintendent.
(ah) "Workday" means the time that the parent requires temporary
care for a child for any of the following reasons:
(1) To undertake training in preparation for a job.
(2) To undertake or retain a job.
(3) To undertake other activities that are essential to
maintaining or improving the social and economic function of the
family, are beneficial to the community, or are required because of
health problems in the family.
(ai) "Three-year-old children" means children who will have their
third birthday on or before December 2 of the fiscal year in which
they are enrolled in a California state preschool program.
(aj) "Four-year-old children" means children who will have their
fourth birthday on or before December 2 of the fiscal year in which
they are enrolled in a California state preschool program.
(ak) "Local educational agency" means a school district, a county
office of education, a community college district, or a school
district on behalf of one or more schools within the school district.
SEC. 3. Section 8236 of the Education Code is amended to read:
8236. (a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 shall give first priority to three- or
four-year-old neglected or abused children who are recipients of
child protective services, or who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical, or
social service agency. If an agency is unable to enroll a child in
this first priority category, the agency shall refer the child's
parent or guardian to local resource and referral services so that
services for the child can be located.
(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority to
eligible four-year-old children before enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.
(b) For California state preschool programs operating with funding
that was initially allocated in a prior fiscal year, at least
one-half of the children enrolled at a preschool site shall be
four-year-old children. Any exception to this requirement shall be
approved by the Superintendent. The Superintendent shall inform the
Department of Finance of any exceptions that have been granted and
the reasons for granting the exceptions.
(c) The following provisions apply to the award of new funding for
the expansion of the California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year:
(1) In an application for those expansion funds, an agency shall
furnish the Superintendent with an estimate of the number of
four-year-old and three-year-old children that it plans to serve in
the following fiscal year with those expansion funds. The agency also
shall furnish documentation that indicates the basis of those
estimates.
(2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
headquarters preferences and eligibility criteria relating to fiscal
or programmatic noncompliance established pursuant to Section 8261,
shall give priority to applicant agencies that, in expending the
expansion funds, will be serving the highest percentage of
four-year-old children.
(d) This section does not preclude a local educational agency from
subcontracting with an appropriate public or private agency to
operate a California state preschool program and to apply for funds
made available for the purposes of this section. If a school district
chooses not to operate or subcontract for a California state
preschool program, the Superintendent shall work with the county
office of education and other eligible agencies to explore possible
opportunities in contracting or alternative subcontracting to provide
a California state preschool program.
(e) This section does not prevent eligible children who are
currently receiving services from continuing to receive those
services in future years pursuant to this chapter.
SEC. 4. 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 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 school districts 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 school
districts and contracting agencies, as specified, for the purchase,
transportation, and installation of facilities for replacement and
expansion of capacity. School districts and contracting agencies
using facilities made available 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 school
district or contracting agency. The Superintendent shall deposit all
revenue derived from the lease payments 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,
are continuously appropriated, without regard to fiscal years, to the
Superintendent for expenditure pursuant to this article.
(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
collected and the funds available for future use.
(c) A school district or county office of education 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. 5. Section 8279.7 of the Education Code is amended to read:
8279.7. (a) The Legislature recognizes the importance of
providing quality child care services. It is, therefore, the intent
of the Legislature to assist counties in improving the retention of
qualified child care employees who work directly with children who
receive state-subsidized child care services.
(b) It is further the intent of the Legislature, in amending this
section during the 2009-10 Regular Session, to address the unique
challenges of the County of Los Angeles, in which an estimated 60,000
low-income children receive subsidized child care in nonstate-funded
child care settings and an additional 50,000 eligible children are
waiting for subsidized services.
(c) (1) Except as provided in paragraph (2), the funds
appropriated for the purposes of this section by paragraph (11) of
Schedule (b) of Item 6110-196-0001 of Section 2.00 of the Budget Act
of 2000 (Chapter 52 of the Statutes of 2000), and that are described
in subdivision (i) of Provision 7 of that item, and any other funds
appropriated for purposes of this section, shall be allocated to
local child care and development planning councils based on the
percentage of state-subsidized, center-based child care funds
received in that county, and shall be used to address the retention
of qualified child care employees in state-subsidized child care
centers.
(2) Of the funds identified in paragraph (1), funds qualified
pursuant to subparagraphs (A) to (C), inclusive, may also be used to
address the retention of qualified persons working in licensed child
care programs that serve a majority of children who receive
subsidized child care services pursuant to this chapter, including,
but not limited to, family day care homes as defined in Section
1596.78 of the Health and Safety Code. To qualify for use pursuant to
this paragraph, the funds shall meet all of the following
requirements:
(A) The funds are allocated for use in the County of Los Angeles.
(B) The funds are appropriated in the annual Budget Act.
(C) The funds are unexpended after addressing the retention of
qualified child care employees in state-subsidized child care centers
and family child care home education networks.
(d) The department shall develop guidelines for use by local child
care and development planning councils in developing county plans
for the expenditure of funds allocated pursuant to this section.
These guidelines shall be consistent with the department's assessment
of the current needs of the subsidized child care workforce, and
shall be subject to the approval of the Department of Finance. Any
county plan developed pursuant to these guidelines shall be approved
by the department prior to the allocation of funds to the local child
care and development planning council.
(e) Funds provided to a county for the purposes of this section
shall be used in accordance with the plan approved pursuant to
subdivision (d). A county with an approved plan may retain up to 1
percent of the county's total allocation made pursuant to this
section for reimbursement of administrative expenses associated with
the planning process.
(f) The Superintendent shall provide an annual report, no later
than April 10 of each year, to the Legislature, the Department of
Finance, and the Governor that includes, but is not limited to, a
summary of the distribution of the funds by county and a description
of the use of the funds.
SEC. 6. Section 8286 of the Education Code is amended to read:
8286. (a) The Governor shall appoint an advisory committee
composed of one representative from the state board, one
representative of private education, one representative of child
welfare, one representative of private health care, two
representatives of proprietary child care agencies, one
representative of a community action agency qualified under Title II
of the federal Economic Opportunity Act of 1964, two representatives
of family day care homes, one representative of a child care provider
exempt from licensure, five parents of children participating in
child care programs of whom at least three shall be parents of
children participating in publicly subsidized child development
programs, and one shall be a parent of a child receiving care from a
child care provider exempt
from licensure, appointed from names selected by a democratic
process to ensure representation of the parents of children being
served, four persons representing professional or civic groups or
public or nonprofit private agencies, organizations or groups
concerned with child development, one person who administers a public
school child care program, one person who administers a county
office of education schoolage child care program, and one teacher
currently serving in a public school children's center.
(b) The advisory committee also shall include one representative
from the department appointed by the Superintendent, and one
representative each from the Employment Development Department, the
State Department of Social Services, the State Department of Health
Care Services, and the State Department of Developmental Services,
appointed by the respective director of each department.
(c) The advisory committee shall assist the department in
developing a state plan for child development programs pursuant to
this chapter.
(d) The advisory committee shall provide ongoing coordination and
communication to local child care planning councils to facilitate
activities and provide technical assistance as needed.
(e) The advisory committee shall continually evaluate the
effectiveness of those programs and shall report thereon at each
regular session of the Legislature.
(f) The advisory committee shall assist in and coordinate the
drafting of guidelines for local planning councils pursuant to
Chapter 2.3 (commencing with Section 8499) of Part 6. The advisory
committee shall request state and local agencies to submit suggested
guidelines. The final guidelines shall be drafted and adopted by the
committee, in consultation with local child care agencies, local
planning councils, the department, and the State Department of Social
Services. The guidelines shall include, but not be limited to,
provisions for assessing child care supply, demand, cost, and
facility needs, in terms of age, family income level, special needs,
and multilingual and multicultural backgrounds. Guidelines developed
for programs administered by the department shall be concurred in by
the department.
SEC. 7. Section 8484.9 of the Education Code is amended to read:
8484.9. (a) There is hereby established in the department an
Advisory Committee on Before and After School Programs for the
purpose of providing information and advice to the Superintendent and
the state board regarding state and federal policy and funding
issues affecting before and after school programs, based on regular
and systematic input from providers.
(b) The membership of the advisory committee shall consist of all
of the following persons, the majority of whom shall be operators of
before or after school programs:
(1) Six persons appointed by the Governor as follows:
(A) Two persons who operate an urban before or after school
program.
(B) Two persons who operate a rural before or after school
program.
(C) One person from a private foundation or a postsecondary
academic institution.
(D) One person representing a unified school district.
(2) Two persons appointed by the Superintendent as follows:
(A) One person who operates a high school after school program.
(B) One person from a private foundation or a postsecondary
academic institution.
(3) Two persons appointed by the Senate Committee on Rules as
follows:
(A) One person who operates a small elementary after school
program.
(B) One person who operates a large middle school after school
program.
(4) Two persons appointed by the Speaker of the Assembly as
follows:
(A) One person who operates a large elementary school after school
program.
(B) One person who operates a small middle school after school
program.
(5) The president of the state board or his or her designee.
(c) The advisory committee membership shall be representative of
the diversity of before and after school programs, regarding
geography, size, and public or nonpublic operation.
(d) The advisory committee members shall select one of its members
to be the chair of the committee. It is the responsibility of the
chair to act as the conduit between the advisory committee and the
Superintendent, the state board, and appropriate staff.
(e) The advisory committee shall nominate, and the state board
shall confirm, a staff member to serve as consultant to the advisory
committee.
(f) The advisory committee shall meet as frequently as necessary
but at least three times each year. The meetings of the committee may
be conducted by teleconference.
(g) The members of the advisory committee shall serve without
compensation, including for travel and per diem expenses.
(h) The advisory committee shall do all of the following:
(1) Provide information on the status of funding provided for
before and after school programs in each fiscal year, including the
number of applications received, the number of applications funded,
and the amount and timing of committed funding.
(2) Provide recommendations on legislative and administrative
action needed to ensure that funding for before and after school
programs is allocated promptly to qualified providers of before and
after school programs.
(3) Provide information on the quality of services and
accountability measures.
(4) Provide information regarding challenges faced by before and
after school programs that impede the provision of best possible
services.
(5) Make recommendations to the department on reporting
requirements for high school programs operating pursuant to Section
8421 and for program evaluation and review pursuant to Sections 8427
and 8484. The advisory committee shall provide initial
recommendations to the department, and shall provide a copy to the
Legislature, on or before March 1, 2007.
(6) Provide recommendations on the statewide evaluation design and
outcome measures.
SEC. 8. Section 8802 of the Education Code is amended to read:
8802. For the purposes of this chapter, the following definitions
apply:
(a) "Consortium" means two or more local educational agencies.
(b) "Cooperating agency" means any federal, state, or local public
or private nonprofit agency that agrees to offer support services at
a schoolsite through a program implemented under this chapter.
(c) "Council" means the Healthy Start Support Services for
Children Program Council.
(d) "Lead agency" means the department.
(e) "Local educational agency" means a school district or county
office of education.
(f) "Private partner" means a private business or foundation that
provides financial assistance or otherwise assists a support services
program operated under this chapter.
(g) "Qualifying school" means a school that is any of the
following:
(1) A school that maintains kindergarten or any of grades 1 to 6,
inclusive, in which 50 percent or more of the enrolled pupils either
(A) are from families that receive benefits from the Aid to Families
with Dependent Children program or any successor program, have
limited English proficiency, as identified pursuant to Section 52163,
or both, or (B) are eligible to receive free or reduced-price meals
under Section 49552.
(2) A school that maintains any of grades 7 to 12, inclusive, in
which 35 percent or more of the enrolled pupils either (A) are from
families that receive benefits from the Aid to Families with
Dependent Children program or any successor program, have limited
English proficiency, as identified pursuant to Section 52163, or
both, or (B) are eligible to receive free or reduced-price meals
under Section 49552.
(3) A school that does not satisfy the criteria in paragraph (1)
or (2) but that demonstrates other factors that warrant its
consideration, including, for example, exceptional need, potential to
serve as a model program, or service to a particular target
population. No more than 10 percent of the schools that participate
in the program established by this chapter may be schools that
qualify under this paragraph. A school that receives a grant under
this paragraph shall ensure that the following pupils in that school
are given priority to receive services provided with the grant money:
(A) are from families that receive benefits from the Aid to Families
with Dependent Children program or any successor program, have
limited English proficiency, as identified pursuant to Section 52163,
or both, or (B) are eligible to receive free or reduced-price meals
under Section 49552.
(h) "Agency secretary" means the Secretary of the Health and
Welfare Agency.
(i) "Superintendent" means the Superintendent of Public
Instruction.
(j) "Support services" means services that will enhance the
physical, social, emotional, and intellectual development of children
and their families.
SEC. 9. Section 8803 of the Education Code is amended to read:
8803. In order to encourage the integration of children's
services, it is the intent of the Legislature to promote interagency
coordination and collaboration among the state agencies responsible
for the provision of support services to children and their families.
Therefore, the Legislature hereby establishes the Healthy Start
Support Services for Children Program Council, as follows:
(a) Members of the council shall include the Superintendent, the
agency secretary, and the directors of the State Department of Health
Care Services, the State Department of Social Services, the State
Department of Alcohol and Drug Programs, and the State Department of
Mental Health.
(b) Duties of the council shall include:
(1) Developing, promoting, and implementing policy supporting the
Healthy Start Support Services for Children Grant Program.
(2) Assisting the lead agency in reviewing grant applications
submitted to the lead agency and providing the lead agency with
recommendations for awarding grants pursuant to Section 8804.
(3) Soliciting input regarding program policy and direction from
individuals and entities with experience in the integration of
children's services.
(4) Assisting the lead agency in fulfilling its responsibilities
under this chapter.
(5) Providing recommendations to the Governor, the Legislature,
and the lead agency regarding the Healthy Start Support Services for
Children Grant Program.
(6) At the request of the Superintendent, assisting the local
educational agency or consortium in planning and implementing this
program, including assisting with local technical assistance, and
developing agency collaboration.
SEC. 10. Section 8807 of the Education Code is amended to read:
8807. (a) The department is required to implement this chapter
only to the extent that funds are apportioned for that purpose under
the annual Budget Act, or are made available to the department for
the purposes of this chapter from federal sources. It is the intent
of the Legislature that the Superintendent, in consultation with the
agency secretary, seek and utilize any federal funds that may be made
available for the purposes of this chapter.
(b) All money appropriated by the Legislature to the
Superintendent for purposes of the Healthy Start Support Services for
Children Act, shall be allocated by the Superintendent to local
educational agencies or consortia that have been selected to
participate in the grant program. Any amount not allocated during a
fiscal year may be carried over to the subsequent fiscal year. In
order to ensure that those local educational agencies or consortia
that receive planning grants will be eligible to receive operational
grants, a portion of any funds appropriated during a fiscal year may
be reserved for allocation as operational grants in future fiscal
years.
(c) Any funds that are not expended by a local educational agency
or consortium by the end of the three-year period of the grant shall
be returned to the state, except under the following circumstances:
(1) A local educational agency or consortium that received an
operational grant in the 1992 calendar year may retain up to fifty
thousand dollars ($50,000) of any amount not expended within the
three-year period of the grant.
(2) A local educational agency or consortium that received an
operational grant in the 1993 calendar year or any calendar year
thereafter, may retain up to twenty-five thousand dollars ($25,000)
of any amount not expended within the three-year period of the grant.
(3) The expenditure of any funds retained pursuant to paragraph
(1) or (2) shall be for a one-year period and shall be used
exclusively to continue the program operations consistent with the
original grant. Retention of funds pursuant to paragraph (1) or (2)
shall be contingent on approval by the department of an expenditure
plan submitted by the local educational agency or consortium.
(d) To the extent permitted by federal law, any funding made
available to a local educational agency or consortium shall be
subject to all of the following conditions:
(1) The program is open to children without regard to any child's
religious beliefs or any other factor related to religion.
(2) No religious instruction is included in the program.
(3) The space in which the program is operated is not used in any
manner to foster religion during the time used for operation of the
program.
SEC. 11. Section 10601.5 of the Education Code is amended to read:
10601.5. (a) The department, in collaboration with the Commission
on Teacher Credentialing, shall contract for the development of a
teacher data system to be known as the California Longitudinal
Teacher Integrated Data Education System that is based on the results
of the teacher data system feasibility study conducted pursuant to
Item 6110-001-0890 of Section 2.00 of the Budget Act of 2005 (Chapter
38 of the Statutes of 2005). The purpose of the California
Longitudinal Teacher Integrated Data Education System is to
streamline processes, improve the efficiency of data collection by
the department, the Commission on Teacher Credentialing, and the
Employment Development Department, and improve the quality of data
collected from local educational agencies and teacher preparation
programs. The California Longitudinal Teacher Integrated Data
Education System shall be developed and implemented in accordance
with all state rules and regulations governing information technology
projects.
(b) The California Longitudinal Teacher Integrated Data Education
System shall serve as the central state repository of information
regarding the teacher workforce in the state for purposes of
developing and reviewing state policy, identifying workforce trends,
and identifying future needs regarding the teaching workforce. It
also shall serve to provide high-quality program evaluations,
including evaluation of the effectiveness of teacher preparation and
induction, and to help improve professional development programs.
Additionally, it shall promote the efficient monitoring of teacher
assignments as required by state and federal law.
(c) The California Longitudinal Teacher Integrated Data Education
System shall not include the names, social security numbers, home
addresses, telephone numbers, or e-mail addresses of individual
teachers.
(d) Data in the California Longitudinal Teacher Integrated Data
Education System shall not be used in violation of any federal or
state law that is intended to protect an individual's right to
privacy or the confidentiality of an individual's personal
information.
(e) The system shall be used to accomplish all of the following
goals:
(1) Provide a means to evaluate all of the following:
(A) The effectiveness of teacher preparation programs, including,
but not limited to, traditional fifth-year programs, university
internship programs, and district-sponsored internship programs.
(B) Teacher workforce issues, including mobility, retention, and
attrition.
(2) Streamline and improve the effectiveness and timeliness of
assignment monitoring as required by the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and by state law.
(3) Enable local educational agencies to monitor teacher
assignments on demand.
(f) For purposes of implementing this chapter, including the
legislative intent expressed in subdivision (b) of Section 10600, the
system shall include all of the following information:
(1) Age profiles of teachers in the workforce.
(2) Projections of the number of retirees in the education system
over the next 10 years throughout the state.
(3) Identification of subject matter fields that have the severest
shortage of teachers.
(4) Geographic distribution of teachers by credential type.
(5) Present patterns of in-service education for teachers.
(g) The Commission on Teacher Credentialing and accredited teacher
preparation programs shall participate in the system by providing
available data regarding enrollment in credential programs,
credentials issued in each specialization, and certificated persons
in each specialty who are not employed in education, and by
collaborating with the department in the design and preparation of
periodic reports of teacher supply and demand in each specialty and
in each geographic region of the state.
(h) The California Longitudinal Teacher Integrated Data Education
System shall do all of the following:
(1) Utilize and maximize use of existing teacher databases.
(2) Maintain longitudinally linked data without including the
names of teachers.
(3) Comply with all state and federal confidentiality and privacy
laws.
(i) The Superintendent shall convene a working group to provide
advice and guidance on the development and implementation of the
system. The group shall include, but is not limited to,
representatives from the Commission on Teacher Credentialing, the
Department of Finance, the Legislative Analyst's Office, the
Employment Development Department, the president of the state board
or his or her designee, and representatives of local educational
agencies, postsecondary educational institutions, researchers,
teachers, administrators, and parents.
(j) The operation of the California Longitudinal Teacher
Integrated Data Education System is contingent upon the appropriation
of funds for purposes of this section in the annual Budget Act or
other legislation.
SEC. 12. Section 11800 of the Education Code is amended to read:
11800. (a) (1) The K-12 High-Speed Network (K-12 HSN) is hereby
established for the purpose of enriching pupil educational
experiences and improving pupil academic performance by providing
high-speed, high-bandwidth Internet connectivity to the public school
system, as defined by Section 6 of Article IX of the California
Constitution.
(2) The California Education Network is hereby established,
consisting of the California Research and Education Network (CalREN)
and the K-12 HSN.
(b) The Superintendent shall measure the success of the K-12 HSN
and ensure that the benefits of the K-12 HSN are maximized to the
extent possible. The K-12 HSN shall provide critical services and
functions for public primary and secondary local educational
agencies, including, but not limited to, all of the following:
(1) Reliable and cost-effective Internet service.
(2) Reliable and secure interconnectivity among public school
entities offering kindergarten or any of grades 1 to 12, inclusive,
in California, connection to higher education institutions of
California, and connection to state and local agencies to facilitate
efficient interaction, including transmission of data.
(3) Videoconferencing and related distance learning capabilities.
(4) Statewide coordination of network uses to benefit teaching and
learning.
(c) The Superintendent shall use a competitive grant process to
select a local educational agency to serve as the Lead Education
Agency to administer the K-12 HSN on behalf of the Superintendent.
(d) The Superintendent shall establish a K-12 HSN advisory board
to be composed of all of the following members:
(1) The Superintendent, or his or her designee.
(2) The county superintendent of schools of the Lead Education
Agency.
(3) A county superintendent of schools of a county with an average
daily attendance of more than 60,000 pupils, appointed by the
Superintendent. The member appointed pursuant to this paragraph shall
serve a renewable two-year term.
(4) Three school district superintendents, appointed by the
Superintendent. Members appointed pursuant to this paragraph shall
represent school districts that are diverse as to geography and size,
and that serve socioeconomically and culturally diverse pupil
populations. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(5) Two county superintendents of schools appointed by the
majority of the votes of all of the county superintendents of
schools. Members appointed pursuant to this paragraph shall serve
renewable two-year terms.
(6) Three schoolsite representatives, which shall include not less
than two classroom teachers or instructional specialists.
(7) The president of the state board or his or her designee.
(e) The advisory board shall meet quarterly and shall recommend
policy direction and broad operational guidance to the Superintendent
and the Lead Education Agency. The advisory board, in consultation
with the Lead Education Agency, shall develop recommendations for
measuring the success of the network, improving network oversight and
monitoring, strengthening accountability, and optimizing the use of
the K-12 HSN and its ability to improve education. The advisory board
shall report its recommendations to the Legislature, the Governor,
the Department of Finance, the president of the state board or his or
her designee, and the Legislative Analyst's Office by March 1, 2007.
It is the intent of the Legislature that the report identify and
recommend specific annual performance measures that should be
established to assess the effectiveness of the network.
(f) The duties of the Lead Education Agency shall include all of
the following:
(1) Entering into appropriate contracts for the provision of
high-speed, high-bandwidth Internet connectivity, provided such
contracts secure the necessary terms and conditions to adequately
protect the interests of the state. Terms and conditions shall
include, but are not limited to, all of the following:
(A) Development of comprehensive service level agreements.
(B) Protection of any ownership rights of intellectual property of
the state that result due to participation of the state in the K-12
HSN.
(C) Appropriate protection of assets of the state acquired due to
its participation in the K-12 HSN.
(D) Assurance that appropriate fee structures are in place.
(E) Assurance that any interest earned on funds of the state for
this purpose are used solely to the benefit of the project.
(2) Development of an annual budget request for the K-12 HSN for
submission to the department and the Department of Finance to be
included in the annual Budget Act.
(3) Development, in consultation with the advisory board
established pursuant to subdivision (d), of specific goals and
objectives for the program with appropriate reporting of success
measures developed by the Superintendent pursuant to subdivision (b).
(4) Ongoing fiscal oversight of the program, including mechanisms
to control statewide costs and exposure. To accomplish this
objective, the Lead Education Agency shall contract for an annual
independent audit of the program. The independent auditor shall
report the audit findings to the Superintendent, the Legislature, and
the Governor by December 15 of each year.
(5) Ongoing technical oversight of the program, including external
evaluation and independent validation, where appropriate. To
accomplish this objective, the Lead Education Agency shall contract
for an independent evaluation to be completed and provided to the
Superintendent by March 1, 2009. The Superintendent shall report the
results of the evaluation, including a response and recommendations
to correct any adverse findings from the evaluation, to the Governor
and the Legislature by April 30, 2009.
(6) (A) The Lead Education Agency shall administer grant programs
to promote the most cost-effective manner for the completion of
connectivity for all public schools of the state and cost-effective
applications that meet instructional needs to the extent that funds
are provided for these purposes in the annual Budget Act.
(B) Before the appropriation of any state funds for the purposes
of this paragraph, the Lead Education Agency shall submit information
justifying the need for additional grant funds, including, but not
limited to, all of the following:
(i) The number of schools and school districts that are already
connected.
(ii) The means by which the costs associated with connectivity
were covered for schools and school districts that are already
connected.
(iii) Obstacles to connection for those schools and school
districts that are not yet connected.
(iv) Other local options and funding sources for purposes of
connectivity and applications.
SEC. 13. Section 17250.40 of the Education Code is amended to
read:
17250.40. The Superintendent, in consultation with the Department
of General Services, the State Energy Resources Conservation and
Development Commission, Seismic Safety Commission, school district
representatives, and industry representatives, shall develop
guidelines for design-build projects. The guidelines shall be
developed within six months of the operative date of this chapter.
SEC. 14. Article 3.8 (commencing with Section 32239.5) of Chapter
2 of Part 19 of Division 1 of Title 1 of the Education Code is
repealed.
SEC. 15. Section 33126.2 of the Education Code is amended to read:
33126.2. (a) The Superintendent may recommend additional data
elements for inclusion in the Academic Performance Index. Data
elements may be incorporated in the Academic Performance Index only
after those elements have been determined by the state board to be
valid and reliable for the purpose of measuring school performance,
and only if their inclusion would not be likely to result in a valid
claim against the state for reimbursement pursuant to Section 6 of
Article XIII B of the California Constitution.
(b) The Superintendent shall additionally review, and the state
board shall consider, any empirical research data that becomes
available concerning barriers to equal opportunities to succeed
educationally for all California pupils, regardless of socioeconomic
background. Upon obtaining this information, the state board shall
evaluate whether there is
any need to revise the school accountability report card.
SEC. 16. Section 40081 of the Education Code is amended to read:
40081. (a) The department shall develop or approve courses for
training school pupil activity bus (SPAB), transit bus, schoolbus,
and farm labor vehicle drivers that will provide them with the skills
and knowledge necessary to prepare them for certification pursuant
to Sections 12517, 12519, and 12804.6 of the Vehicle Code. The
department shall seek the advice and assistance of the Department of
Motor Vehicles and the Department of the California Highway Patrol in
developing or approving those courses.
(b) The department shall train or approve the necessary
instructional personnel to conduct the driver training courses. For
all schoolbus and school pupil activity bus (SPAB) driver instructor
training, the department shall provide for and approve the course
outline and lesson plans used in the course. For transit bus and farm
labor vehicle driver training, the department shall approve the
course outline and lesson plans used in the course.
(c) All courses of study and training activities required by this
article shall be approved by the department and given by, or in the
presence of, an instructor in possession of a valid school pupil
activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle
driver instructor certificate of the appropriate class.
(d) As an alternative to subdivisions (a), (b), and (c),
instructors who have received a certificate from the Transportation
Safety Institute of the United States Department of Transportation
indicating that they have completed the Mass Transit Instructor
Orientation and Training (Train-the-Trainer) course may approve
courses of instruction and train transit bus drivers in order to meet
the requirements for certification pursuant to Section 12804.6 of
the Vehicle Code.
SEC. 17. Section 41327.1 of the Education Code is amended to read:
41327.1. (a) The state board shall adopt and may periodically
update by regulation a comprehensive list of professional and legal
standards that all districts are encouraged to use as a guide to
conduct a good educational program and fiscal and management
practices that shall be used as the basis of evaluating the
improvement of qualifying districts pursuant to this article. These
standards shall, at a minimum, address all of the following areas:
(1) Financial management.
(2) Pupil achievement.
(3) Personnel management.
(4) Facilities management.
(5) Community relations.
(b) If an administrator is appointed pursuant to Section 41326,
the County Office Fiscal Crisis and Management Assistance Team
established pursuant to Section 42127.8 shall conduct comprehensive
assessments in the five areas specified in subdivision (a).
(c) After the assessments specified in subdivision (b) are
completed, the Superintendent, in consultation with the County Office
Fiscal Crisis and Management Assistance Team and the county
superintendent of schools, shall determine, based upon the district's
particular needs and circumstances, the level of improvement needed
in the standards adopted pursuant to subdivision (a) before local
authority will be returned pursuant to subdivision (f) of Section
41326. Based upon this determination, the County Office Fiscal Crisis
and Management Assistance Team shall complete improvement plans in
the five areas specified in subdivision (a) that focus on the agreed
upon standards, and that are consistent with the financial
improvement plan.
(d) Beginning six months after an emergency loan is approved, and
every six months thereafter until local authority is returned
pursuant to subdivision (f) of Section 41326, the County Office
Fiscal Crisis and Management Assistance Team shall file a written
status report with the appropriate fiscal and policy committees of
the Legislature, the Members of the Legislature that represent the
qualifying district, any advisory council of the school district, the
Superintendent, the county superintendent of schools, and the
Director of Finance. The reports shall indicate the progress that the
district is making in meeting the recommendations of the improvement
plans developed pursuant to this section.
(e) If the County Office Fiscal Crisis and Management Assistance
Team indicates in writing that it has insufficient resources to
complete the comprehensive assessments, improvement plans, and
progress reports required pursuant to this section, the department
shall request proposals to complete these tasks, and subject to the
approval of the Department of Finance, select an entity to complete
the tasks assigned to the County Office Fiscal Crisis and Management
Assistance Team pursuant to this section.
SEC. 18. Section 41327.2 of the Education Code is amended to read:
41327.2. (a) The appointment of an administrator pursuant to
Section 41326 does not remove any statutory rights, duties, or
obligations from the county superintendent of schools. The county
superintendent of schools retains the responsibility to superintend
school districts under his or her jurisdiction.
(b) The county superintendent of schools shall submit reports to
the Superintendent, the appropriate fiscal and policy committees of
the Legislature, and the Director of Finance subsequent to review by
the county superintendent of schools of the district's budget and
interim reports in accordance with subdivisions (d) and (g) of, and
paragraph (3) of subdivision (i) of, Section 42127, and paragraph (2)
of subdivision (a) of, and subdivision (e) of, Section 42131. These
reports shall document the fiscal and administrative status of the
qualifying district, particularly in regard to the implementation of
fiscal and management recovery plans. Each report shall also include
a determination of whether the revenue streams to the district appear
to be consistent with its expenditure plan, according to the most
recent data available at the time of the report. These reports are
required until six months after all rights, duties, and powers are
returned to the school district pursuant to this article.
SEC. 19. Section 42127.8 of the Education Code is amended to read:
42127.8. (a) The governing board provided for in subdivision (b)
shall establish a unit to be known as the County Office Fiscal Crisis
and Management Assistance Team. The team shall consist of persons
having extensive experience in school district budgeting, accounting,
data processing, telecommunications, risk management, food services,
pupil transportation, purchasing and warehousing, facilities
maintenance and operation, and personnel administration,
organization, and staffing. The Superintendent may appoint one
employee of the department to serve on the unit. The unit shall be
operated under the immediate direction of an appropriate county
office of education selected jointly, in response to an application
process, by the Superintendent and the president of the state board
or his or her designee.
(b) The unit established under subdivision (a) shall be selected
and governed by a 25-member governing board consisting of one
representative chosen by the California County Superintendents
Educational Services Association from each of the 11 county service
regions designated by the association, 11 superintendents of school
districts chosen by the Association of California School
Administrators from each of the 11 county service regions, one
representative from the department chosen by the Superintendent, the
Chancellor of the California Community Colleges or his or her
designee, and one member of a community college district governing
board chosen by the chancellor. The governing board of the County
Office Fiscal Crisis and Management Assistance Team shall select a
county superintendent of schools to chair the unit.
(c) (1) The Superintendent may request the unit to provide the
assistance described in subdivision (b) of Section 1624, Section
1630, subdivision (b) of Section 42127.3, subdivision (c) of Section
42127.6, Section 42127.9, and subdivision (a) of Section 42238.2, and
to review the fiscal and administrative condition of any county
office of education, school district, or charter school.
(2) A county superintendent of schools may request the unit to
review the fiscal or administrative condition of a school district or
charter school under his or her jurisdiction.
(3) The Board of Governors of the California Community Colleges
may request the unit to provide the assistance described in Section
84041.
(d) In addition to the functions described in subdivision (c), the
unit shall do all of the following:
(1) Provide fiscal management assistance, at the request of any
school district, charter school, or county office of education, or,
pursuant to subdivision (g) of Section 84041, at the request of any
community college district. Each school district, charter school, or
county office of education receiving that assistance shall be
required to pay the onsite personnel costs and travel costs incurred
by the unit for that purpose, pursuant to rates determined by the
governing board established under subdivision (b). The governing
board annually shall distribute rate information to each school
district, charter school, and county office of education.
(2) Facilitate training for members of the governing board of the
school district, district and county superintendents, chief financial
officers within the district, and schoolsite personnel whose primary
responsibility is to address fiscal issues. Training services shall
emphasize efforts to improve fiscal accountability and expand the
fiscal competency of local agencies. The unit shall use state
professional associations, private organizations, and public agencies
to provide guidance, support, and the delivery of any training
services.
(3) Facilitate fiscal management training through the 11 county
service regions to county office of education staff to ensure that
they develop the technical skills necessary to perform their
fiduciary duties. The governing board established pursuant to
subdivision (b) shall determine the extent of the training that is
necessary to comply with this paragraph.
(4) Produce a training calendar, to be disseminated semiannually
to each county service region, that publicizes all of the fiscal
training services that are being offered at the local, regional, and
state levels.
(e) The governing board shall reserve not less than 25 percent,
nor more than 50 percent, of its revenues each year for expenditure
for the costs of contracts and professional services as management
assistance to school districts or county superintendents of schools
in which the board determines that a fiscal emergency exists.
(f) The governing board established under subdivision (b) may levy
an annual assessment against each county office of education that
elects to participate under this section in an amount not to exceed
twenty cents ($0.20) per unit of total average daily attendance for
all school districts within the county. The revenues collected
pursuant to that assessment shall be applied to the expenses of the
unit.
(g) The governing board established under subdivision (b) may pay
to the department, from any available funds, a reasonable amount to
reimburse the department for actual administrative expenses incurred
in the review of the budgets and fiscal conditions of school
districts, charter schools, and county superintendents of schools.
(h) When employed as a fiscal adviser by the department pursuant
to Section 1630, employees of the unit established pursuant to
subdivision (a) shall be considered employees of the department for
purposes of errors and omissions liability insurance.
(i) (1) The unit shall request and review applications to
establish regional teams of education finance experts throughout the
state.
(2) To the extent that funding is provided for purposes of this
subdivision in the annual Budget Act or through another
appropriation, regional teams selected by the Superintendent, in
consultation with the unit, shall provide training and technical
expertise to school districts, charter schools, and county offices of
education facing fiscal difficulties.
(3) The regional teams shall follow the standards and guidelines
of and remain under the general supervision of the governing board
established under subdivision (b).
(4) It is the intent of the Legislature that, to the extent
possible, the regional teams be distributed geographically throughout
the various regions of the state in order to provide timely,
cost-effective expertise to school districts, charter schools, county
offices of education, and community college districts throughout the
state.
SEC. 20. Section 44265.2 of the Education Code, as added by
Section 2 of Chapter 233 of the Statutes of 2008, is repealed.
SEC. 21. Section 44280 of the Education Code is amended to read:
44280. The adequacy of subject matter preparation and the basis
for assignment of certified personnel shall be determined by the
successful passage of a subject matter examination as certified by
the commission, except as specifically waived as set forth in Article
6 (commencing with Section 44310). For the purpose of determining
the adequacy of subject matter knowledge of languages for which there
are no adequate examinations, the commission may establish
guidelines for accepting alternative assessments performed by
organizations that are expert in the language and culture assessed.
The commission shall submit an expenditure plan for the development
of a subject matter examination in the Filipino language to the
Department of Finance no later than January 8, 2006. Upon approval of
the expenditure plan by the Department of Finance and subject to an
appropriation in the Budget Act of 2006 for this purpose, the
commission shall contract with another entity for that entity to
develop, for certification by the commission, a subject matter
examination in the Filipino language, to be administered no later
than September 1, 2008.
SEC. 22. Section 48005.45 of the Education Code is amended to
read:
48005.45. (a) The Superintendent, by June 1, 2007, shall contract
for an independent longitudinal evaluation regarding the effects of
the change in the entry age for kindergarten and first grade pursuant
to this article. In selecting the independent evaluator, awarding
the contract pursuant to this section, and in monitoring performance
under the contract, the Superintendent shall consult with the
advisory panel convened pursuant to subdivision (b) of Section
48005.13.
(b) The evaluation shall be based upon samples of sufficient size
and diversity to allow results to be reported separately for pupils
of different ethnicity, socioeconomic status, and primary language,
and results of the evaluation shall be so reported.
(c) The primary purpose of the evaluation is to determine whether
this entry age change results in improved readiness for school and an
improvement in academic achievement among participating children.
(d) The evaluation shall use representative sampling to identify
the change's effects on all of the following:
(1) Academic achievement, as measured by standardized tests, as
compared with pupils not participating in the program.
(2) Behavioral problems, as measured by objective data including,
but not limited to, suspension and expulsion rates, as compared with
pupils not participating in the program.
(3) Academic problems, as measured by referrals to special
education and remedial programs, as compared with pupils not
participating in the program.
(4) Age of kindergarten entry and previous educationally based
preschool experience, including, but not limited to, access to child
care and preschool by parents or guardians.
(5) Overall retention rates in kindergarten and in subsequent
grades.
(6) Participation in remedial, supplemental, or summer school
programs.
(7) Class size.
(8) Number of pupils participating in kindergarten.
(9) Number of pupils participating in the kindergarten readiness
programs.
(10) Differences, if any, between programs with full preschool
participation, and those with partial or no preschool.
(11) Child care difficulties caused by the admission age change.
(12) Demographic breakdown of participants and nonparticipants,
including, but not limited to, socioeconomic and ethnic demographics.
(13) Facilities difficulties, if any, encountered by participating
school districts.
(14) The ability of parents to gain access to the program,
disaggregated by ethnic, primary language, and socioeconomic status.
(e) It is the intent of the Legislature that funding for this
evaluation be included in the Budget Act or a bill related to the
Budget Act. It is the intent of the Legislature to subsequently
increase the number of hours funded for the kindergarten readiness
program if the reports pursuant to this section indicate that the
increase would be beneficial.
(f) (1) The independent evaluator shall report to the Legislature,
the Governor, the Superintendent, and the state board.
(2) The initial report shall be filed by June 1, 2009. The interim
report shall be filed by January 1, 2011. The final report shall be
filed by January 1, 2012.
SEC. 23. Section 49701 of the Education Code is amended to read:
49701. The provisions of the Interstate Compact on Educational
Opportunity for Military Children are as follows:
Article I. Purpose
It is the purpose of this compact to remove barriers to
educational success imposed on children of military families because
of frequent moves and deployment of their parents by:
(A) Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due
to difficulty in the transfer of education records from the previous
school district(s) or variations in entrance/age requirements.
(B) Facilitating the student placement process through which
children of military families are not disadvantaged by variations in
attendance requirements, scheduling, sequencing, grading, course
content, or assessment.
(C) Facilitating the qualification and eligibility for enrollment,
educational programs, and participation in extracurricular academic,
athletic, and social activities.
(D) Facilitating the on-time graduation of children of military
families.
(E) Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact.
(F) Providing for the uniform collection and sharing of
information between and among member states, schools, and military
families under this compact.
(G) Promoting coordination between this compact and other compacts
affecting military children.
(H) Promoting flexibility and cooperation between the educational
system, parents and the student in order to achieve educational
success for the student.
Article II. Definitions
As used in this compact, unless the context clearly requires a
different construction:
(A) "Active duty" means: full-time duty status in the active
uniformed service of the United States, including members of the
National Guard and Reserve on active duty orders pursuant to 10
U.S.C. Sections 1209 and 1211.
(B) "Children of military families" means: a school-aged child or
children, enrolled in Kindergarten through Twelfth (12th) grade, in
the household of an active duty member.
(C) "Compact commissioner" means: the voting representative of
each compacting state appointed pursuant to Article VIII of this
compact.
(D) "Deployment" means: the period one (1) month prior to the
service members' departure from their home station on military orders
though six (6) months after return to their home station.
(E) "Educational records" means: those official records, files,
and data directly related to a student and maintained by the school
or local education agency, including, but not limited to, records
encompassing all the material kept in the student's cumulative folder
such as general identifying data, records of attendance and of
academic work completed, records of achievement and results of
evaluative tests, health data, disciplinary status, test protocols,
and individualized education programs.
(F) "Extracurricular activities" means: a voluntary activity
sponsored by the school or local education agency or an organization
sanctioned by the local education agency. Extracurricular activities
include, but are not limited to, preparation for and involvement in
public performances, contests, athletic competitions, demonstrations,
displays, and club activities.
(G) "Interstate Commission on Educational Opportunity for Military
Children" means: the commission that is created under Article IX of
this compact, which is generally referred to as Interstate
Commission.
(H) "Local education agency" means: a public authority legally
constituted by the state as an administrative agency to provide
control of and direction for Kindergarten through Twelfth (12th)
grade public educational institutions.
(I) "Member state" means: a state that has enacted this compact.
(J) "Military installation" means: a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the Department of Defense, including any leased
facility, which is located within any of the several states, the
District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, the Northern Marianas Islands,
and any other U.S. Territory. Such term does not include any facility
used primarily for civil works, rivers and harbors projects, or
flood control projects.
(K) "Non-member state" means: a state that has not enacted this
compact.
(L) "Receiving state" means: the state to which a child of a
military family is sent, brought, or caused to be sent or brought.
(M) "Rule" means: a written statement by the Interstate Commission
promulgated pursuant to Article XII of this compact that is of
general applicability, implements, interprets, or prescribes a policy
or provision of the Compact, or an organizational, procedural, or
practice requirement of the Interstate Commission, and has the force
and effect of statutory law in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
(N) "Sending state" means: the state from which a child of a
military family is sent, brought, or caused to be sent or brought.
(O) "State" means: a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,
Guam, American Samoa, the Northern Marianas Islands, and any other
U.S. Territory.
(P) "Student" means: the child of a military family for whom the
local education agency receives public funding and who is formally
enrolled in Kindergarten through Twelfth (12th) grade.
(Q) "Transition" means: 1) the formal and physical process of
transferring from school to school or 2) the period of time in which
a student moves from one school in the sending state to another
school in the receiving state.
(R) "Uniformed service(s)" means: the U.S. Army, Navy, Air Force,
Marine Corps, or Coast Guard, as well as the Commissioned Corps of
the National Oceanic and Atmospheric Administration and the U.S.
Public Health Services.
(S) "Veteran" means: a person who served in the uniformed services
and who was discharged or released therefrom under conditions other
than dishonorable.
Article III. Applicability
(A) Except as otherwise provided in Section B, this compact shall
apply to the children of:
(1) Active duty members of the uniformed services as defined in
this compact, including members of the National Guard and Military
Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and
1211;
(2) Members or veterans of the uniformed services who are severely
injured and medically discharged or retired for a period of one (1)
year after medical discharge or retirement; and
(3) Members of the uniformed services who die on active duty or as
a result of injuries sustained on active duty for a period of one
(1) year after death.
(B) The provisions of this interstate compact shall only apply to
local education agencies as defined in this compact.
(C) The provisions of this compact shall not apply to the children
of:
(1) Inactive members of the National Guard and Military Reserve;
(2) Members of the uniformed services now retired, except as
provided in Section A;
(3) Veterans of the uniformed services, except as provided in
Section A; and
(4) Other U.S. Dept. of Defense personnel and other federal agency
civilian and contract employees not defined as active duty members
of the uniformed services.
Article IV. Educational Records and Enrollment
(A) Unofficial or "hand-carried" education records - In the event
that official education records cannot be released to the parents for
the purpose of transfer, the custodian of the records in the sending
state shall prepare and furnish to the parent a complete set of
unofficial educational records containing uniform information as
determined by the Interstate Commission to the extent feasible. Upon
receipt of the unofficial education records by a school in the
receiving state, the school shall enroll and appropriately place the
student based on the information provided in the unofficial records
pending validation by the official records, as quickly as possible.
(B) Official education records/transcripts - Simultaneous with the
enrollment and conditional placement of the student, the school in
the receiving state shall request the student's official education
record from the school in the sending state. Upon receipt of this
request, the school in the sending state will process and furnish the
official education records to the school in the receiving state
within ten (10) days or within such time as is reasonably determined
under the rules promulgated by the Interstate Commission to the
extent practicable in each case.
(C) Immunizations - Compacting states shall give thirty (30) days
from the date of enrollment or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission,
for students to obtain any immunization(s) required by the receiving
state. For a series of immunizations, initial vaccinations must be
obtained within thirty (30) days or within such time as is reasonably
determined under the rules promulgated by the Interstate Commission.
(D) Kindergarten and First (1st)
grade entrance age - Students shall be allowed to continue their
enrollment at grade level in the receiving state commensurate with
their grade level (including Kindergarten) from a local education
agency in the sending state at the time of transition, regardless of
age. A student that has satisfactorily completed the prerequisite
grade level in the local education agency in the sending state shall
be eligible for enrollment in the next highest grade level in the
receiving state, regardless of age. A student transferring after the
start of the school year in the receiving state shall enter the
school in the receiving state on his or her validated level from an
accredited school in the sending state.
Article V. Placement and Attendance
(A) Course placement - When the student transfers before or during
the school year, the receiving state school shall initially honor
placement of the student in educational courses based on the student'
s enrollment in the sending state school and/or educational
assessments conducted at the school in the sending state if the
courses are offered and there is space available, as determined by
the school district. Course placement includes, but is not limited
to, Honors, International Baccalaureate, Advanced Placement,
vocational, technical and career pathways courses. Continuing the
student's academic program from the previous school and promoting
placement in academically and career challenging courses should be
paramount when considering placement. This does not preclude the
school in the receiving state from performing subsequent evaluations
to ensure appropriate placement and continued enrollment of the
student in the course(s).
(B) Educational program placement - The receiving state school
shall initially honor placement of the student in educational
programs based on current educational assessments conducted at the
school in the sending state or participation/placement in like
programs in the sending state, provided that the program exists in
the school and there is space available, as determined by the school
district. Such programs include, but are not limited to: 1) gifted
and talented programs; and 2) English as a second language (ESL).
This does not preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement of
the student.
(C) Special education services - 1) In compliance with the federal
requirements of the Individuals with Disabilities Education Act
(IDEA), 20 U.S.C.A. Section 1400 et seq., the receiving state shall
initially provide comparable services to a student with disabilities
based on his/her current Individualized Education Program (IEP); and
2) In compliance with the requirements of Section 504 of the
Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the
Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165,
the receiving state shall make reasonable accommodations and
modifications to address the needs of incoming students with
disabilities, subject to an existing Section 504 or Title II Plan, to
provide the student with equal access to education. This does not
preclude the school in the receiving state from performing subsequent
evaluations to ensure appropriate placement of the student.
(D) Placement flexibility - Local education agency administrative
officials shall have flexibility in waiving course/program
prerequisites, or other preconditions for placement in
courses/programs offered under the jurisdiction of the local
education agency.
(E) Absence as related to deployment activities - A student whose
parent or legal guardian is an active duty member of the uniformed
services, as defined by the compact, and has been called to duty for,
is on leave from, or immediately returned from deployment to a
combat zone or combat support posting, shall be granted additional
excused absences at the discretion of the local education agency
superintendent to visit with his or her parent or legal guardian
relative to such leave or deployment of the parent or guardian.
Article VI. Eligibility
(A) Eligibility for enrollment
(1) Special power of attorney, relative to the guardianship of a
child of a military family and executed under applicable law, shall
be sufficient for the purposes of enrollment and all other actions
requiring parental participation and consent.
(2) A local education agency shall be prohibited from charging
local tuition to a transitioning military child placed in the care of
a noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent.
(3) A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis, who
lives in a jurisdiction other than that of the custodial parent, may
continue to attend the school in which he/she was enrolled while
residing with the custodial parent.
(B) Eligibility for extracurricular participation - State and
local education agencies shall facilitate the opportunity for
transitioning military children's inclusion in extracurricular
activities, regardless of application deadlines, to the extent they
are otherwise qualified and space is available, as determined by the
school district.
Article VII. Graduation
In order to facilitate the on-time graduation of children of
military families, states and local education agencies shall
incorporate the following procedures:
(A) Waiver requirements - Local education agency administrative
officials shall use best efforts to waive specific courses required
for graduation if similar coursework has been satisfactorily
completed in another local education agency or shall provide
reasonable justification for denial. Should a waiver not be granted
to a student who would qualify to graduate from the sending school,
the local education agency shall use best efforts to provide an
alternative means of acquiring required coursework so that graduation
may occur on time.
(B) Exit exams - States shall accept: 1) exit or end-of-course
exams required for graduation from the sending state; or 2) national
norm-referenced achievement tests; or 3) alternative testing, in lieu
of testing requirements for graduation in the receiving state; or 4)
in California, the passage of the exit examination adopted pursuant
to Section 60850 is required for the student to graduate if the
diploma is to be issued by a California public school, as long as it
is a requirement in California. In the event the above alternatives
cannot be accommodated by the receiving state for a student
transferring in his or her Senior year, then the provisions of
Section C of this Article shall apply.
(C) Transfers during Senior year - Should a military student
transferring at the beginning or during his or her Senior year be
ineligible to graduate from the receiving local education agency
after all alternatives have been considered, the sending and
receiving local education agencies shall make best efforts to ensure
the receipt of a diploma from the sending local education agency, if
the student meets the graduation requirements of the sending local
education agency. In the event that one of the states in question is
not a member of this compact, the member state shall use best efforts
to facilitate the on-time graduation of the student in accordance
with Sections A and B of this Article.
Article VIII. State Coordination
(A) (1) Each member state shall, through the creation of a State
Council or use of an existing body or board, provide for the
coordination among its agencies of government, local education
agencies and military installations concerning the state's
participation in, and compliance with, this compact and Interstate
Commission activities. While each member state may determine the
membership of its own State Council, its membership must include at
least: the state superintendent of education, superintendent of a
school district with a high concentration of military children,
representative from a military installation, one representative each
from the legislative and executive branches of government, and other
offices and stakeholder groups the State Council deems appropriate. A
member state that does not have a school district deemed to contain
a high concentration of military children may appoint a
superintendent from another school district to represent local
education agencies on the State Council.
(2) In California, members of the State Council shall include all
of the following:
(a) The State Superintendent of Public Instruction or his or her
designee.
(b) A school district superintendent or his or her designee from a
school district with a high concentration of military children,
selected by the State Superintendent of Public Instruction.
(c) A representative from a military installation.
(d) A member of the Senate appointed by the Senate Committee on
Rules, or his or her designee, who represents a legislative district
with a high concentration of military children.
(e) A member of the Assembly appointed by the Speaker of the
Assembly, or his or her designee, who represents a legislative
district with a high concentration of military children.
(f) The President of the State Board of Education or his or her
designee.
(g) Any other persons appointed by the State Superintendent of
Public Instruction.
(B) The State Council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
compact.
(C) (1) The compact commissioner responsible for the
administration and management of the state's participation in the
compact shall be appointed by the Governor or as otherwise determined
by each member state.
(2) In California, the State Superintendent of Public Instruction
shall appoint the compact commissioner.
(D) The compact commissioner and the military family education
liaison designated herein shall be ex-officio members of the State
Council, unless either is already a full voting member of the State
Council.
Article IX. Interstate Commission on Educational Opportunity for
Military Children
The member states hereby create the "Interstate Commission on
Educational Opportunity for Military Children." The activities of the
Interstate Commission are the formation of public policy and are a
discretionary state function. The Interstate Commission shall:
(A) Be a body corporate and joint agency of the member states and
shall have all the responsibilities, powers and duties set forth
herein, and such additional powers as may be conferred upon it by a
subsequent concurrent action of the respective legislatures of the
member states in accordance with the terms of this compact.
(B) Consist of one Interstate Commission voting representative
from each member state, who shall be that state's compact
commissioner.
(1) Each member state represented at a meeting of the Interstate
Commission is entitled to one vote.
(2) A majority of the total member states shall constitute a
quorum for the transaction of business, unless a larger quorum is
required by the bylaws of the Interstate Commission.
(3) A representative shall not delegate a vote to another member
state. In the event the compact commissioner is unable to attend a
meeting of the Interstate Commission, the Governor or State Council
may delegate voting authority to another person from their state for
a specified meeting.
(4) The bylaws may provide for meetings of the Interstate
Commission to be conducted by telecommunication or electronic
communication.
(C) Consist of ex-officio, nonvoting representatives who are
members of interested organizations. Such ex-officio members, as
defined in the bylaws, may include, but not be limited to, members of
the representative organizations of military family advocates, local
education agency officials, parent and teacher groups, the U.S.
Department of Defense, the Education Commission of the States, the
Interstate Agreement on the Qualification of Educational Personnel
and other interstate compacts affecting the education of children of
military members.
(D) Meet at least once each calendar year. The chairperson may
call additional meetings and, upon the request of a simple majority
of the member states, shall call additional meetings.
(E) Establish an executive committee, whose members shall include
the officers of the Interstate Commission and such other members of
the Interstate Commission as determined by the bylaws. Members of the
executive committee shall serve a one year term. Members of the
executive committee shall be entitled to one vote each. The executive
committee shall have the power to act on behalf of the Interstate
Commission, with the exception of rulemaking, during periods when the
Interstate Commission is not in session. The executive committee
shall oversee the day-to-day activities of the administration of the
compact, including enforcement and compliance with the provisions of
the compact, its bylaws and rules, and other such duties as deemed
necessary. The U.S. Dept. of Defense shall serve as an ex-officio,
nonvoting member of the executive committee.
(F) Establish bylaws and rules that provide for conditions and
procedures under which the Interstate Commission shall make its
information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure information or official records to the extent they would
adversely affect personal privacy rights or proprietary interests.
(G) Public notice shall be given by the Interstate Commission of
all meetings, and all meetings shall be open to the public, except as
set forth in the rules or as otherwise provided in the compact. The
Interstate Commission and its committees may close a meeting, or
portion thereof, where it determines by two-thirds vote that an open
meeting would be likely to:
(1) Relate solely to the Interstate Commission's internal
personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by
federal and state statute;
(3) Disclose trade secrets or commercial or financial information
which is privileged or confidential;
(4) Involve accusing a person of a crime, or formally censuring a
person;
(5) Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigative records compiled for law enforcement
purposes; or
(7) Specifically relate to the Interstate Commission's
participation in a civil action or other legal proceeding.
(H) For a meeting, or portion of a meeting, closed pursuant to
this provision, the Interstate Commission's legal counsel or designee
shall certify that the meeting may be closed and shall reference
each relevant exemptible provision. The Interstate Commission shall
keep minutes which shall fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary
of actions taken, and the reasons therefor, including a description
of the views expressed and the record of a roll call vote. All
documents considered in connection with an action shall be identified
in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the
Interstate Commission.
(I) The Interstate Commission shall collect standardized data
concerning the educational transition of the children of military
families under this compact as directed through its rules which shall
specify the data to be collected, the means of collection and data
exchange and reporting requirements. Such methods of data collection,
exchange and reporting shall, in so far as is reasonably possible,
conform to current technology and coordinate its information
functions with the appropriate custodian of records as identified in
the bylaws and rules.
(J) The Interstate Commission shall create a process that permits
military officials, education officials and parents to inform the
Interstate Commission if and when there are alleged violations of the
compact or its rules or when issues subject to the jurisdiction of
the compact or its rules are not addressed by the state or local
education agency. This section shall not be construed to create a
private right of action against the Interstate Commission or any
member state.
Article X. Powers and Duties of the Interstate Commission
The Interstate Commission shall have the following powers:
(A) To provide for dispute resolution among member states.
(B) To promulgate rules and take all necessary actions to effect
the goals, purposes, and obligations as specifically set forth in
Articles IV, V, VI, and VII of this compact. The rules shall have the
force and effect of statutory law and shall be binding in the
compact states to the extent and in the manner provided in this
compact.
(C) To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact,
its bylaws, rules, and actions.
(D) To enforce compliance with the compact provisions, the rules
promulgated by the Interstate Commission, and the bylaws, using all
necessary and proper means, including, but not limited to, the use of
judicial process.
(E) To establish and maintain offices which shall be located
within one or more of the member states.
(F) To purchase and maintain insurance and bonds.
(G) To borrow, accept, hire, or contract for services of
personnel.
(H) To establish and appoint committees including, but not limited
to, an executive committee as required by Article IX, Section E,
which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties hereunder.
(I) To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties and determine their qualifications, and to establish the
Interstate Commission's personnel policies and programs relating to
conflicts of interest, rates of compensation, and qualifications of
personnel.
(J) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
(K) To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal,
or mixed.
(L) To sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, real, personal, or mixed.
(M) To establish a budget and make expenditures.
(N) To adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
(O) To report annually to the legislatures, governors, judiciary,
and state councils of the member states concerning the activities of
the Interstate Commission during the preceding year. Such reports
shall also include any recommendations that may have been adopted by
the Interstate Commission.
(P) To coordinate education, training, and public awareness
regarding the compact, its implementation and operation for officials
and parents involved in such activity.
(Q) To establish uniform standards for the reporting, collecting,
and exchanging of data.
(R) To maintain corporate books and records in accordance with the
bylaws.
(S) To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact.
(T) To provide for the uniform collection and sharing of
information between and among member states, schools, and military
families under this compact.
Article XI. Organization and Operation of the Interstate
Commission
(A) The Interstate Commission shall, by a majority of the members
present and voting, within 12 months after the first Interstate
Commission meeting, adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the compact,
including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) Establishing an executive committee, and such other committees
as may be necessary;
(3) Providing for the establishment of committees and for
governing any general or specific delegation of authority or function
of the Interstate Commission;
(4) Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable notice
of each such meeting;
(5) Establishing the titles and responsibilities of the officers
and staff of the Interstate Commission;
(6) Providing a mechanism for concluding the operations of the
Interstate Commission and the return of surplus funds that may exist
upon the termination of the compact after the payment and reserving
of all of its debts and obligations.
(7) Providing "start up" rules for initial administration of the
compact.
(B) The Interstate Commission shall, by a majority of the members,
elect annually from among its members a chairperson, a
vice-chairperson, and a treasurer, each of whom shall have such
authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the Interstate
Commission. The officers so elected shall serve without compensation
or remuneration from the Interstate Commission; provided that,
subject to the availability of budgeted funds, the officers shall be
reimbursed for ordinary and necessary costs and expenses incurred by
them in the performance of their responsibilities as officers of the
Interstate Commission.
(C) Executive Committee, Officers and Personnel
(1) The executive committee shall have such authority and duties
as may be set forth in the bylaws, including, but not limited to:
(a) Managing the affairs of the Interstate Commission in a manner
consistent with the bylaws and purposes of the Interstate Commission;
(b) Overseeing an organizational structure within, and appropriate
procedures for the Interstate Commission to provide for the creation
of rules, operating procedures, and administrative and technical
support functions; and
(c) Planning, implementing, and coordinating communications and
activities with other state, federal and local government
organizations in order to advance the goals of the Interstate
Commission.
(2) The executive committee may, subject to the approval of the
Interstate Commission, appoint or retain an executive director for
such period, upon such terms and conditions and for such
compensation, as the Interstate Commission may deem appropriate. The
executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission.
The executive director shall hire and supervise such other persons as
may be authorized by the Interstate Commission.
(D) The Interstate Commission's executive director and its
employees shall be immune from suit and liability, either personally
or in their official capacity, for a claim for damage to or loss of
property or personal injury or other civil liability caused or
arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis
for believing occurred, within the scope of Interstate Commission
employment, duties, or responsibilities; provided, that such person
shall not be protected from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and wanton
misconduct of such person.
(1) The liability of the Interstate Commission's executive
director and employees or Interstate Commission representatives,
acting within the scope of such person's employment or duties for
acts, errors, or omissions occurring within such person's state, may
not exceed the limits of liability set forth under the Constitution
and laws of that state for state officials, employees, and agents.
The Interstate Commission is considered to be an instrumentality of
the states for the purposes of any such action. Nothing in this
subsection shall be construed to protect such person from suit or
liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person.
(2) The Interstate Commission shall defend the executive director
and its employees and, subject to the approval of the Attorney
General or other appropriate legal counsel of the member state
represented by an Interstate Commission representative, shall defend
such Interstate Commission representative in any civil action seeking
to impose liability arising out of an actual or alleged act, error
or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part
of such person.
(3) To the extent not covered by the state involved, member state,
or the Interstate Commission, the representatives or employees of
the Interstate Commission shall be held harmless in the amount of a
settlement or judgment, including attorney's fees and costs, obtained
against such persons arising out of an actual or alleged act, error,
or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part
of such persons.
Article XII. Rulemaking Functions of the Interstate Commission
(A) Rulemaking Authority - The Interstate Commission shall
promulgate reasonable rules in order to effectively and efficiently
achieve the purposes of this compact, as specifically set forth in
Articles IV, V, VI, and VII. Notwithstanding the foregoing, in the
event the Interstate Commission exercises its rulemaking authority in
a manner that is beyond the scope of the specific matters set forth
in Articles IV, V, VI, and VII of this Act, or the powers granted
hereunder, then such an action by the Interstate Commission shall be
invalid and have no force or effect.
(B) Rulemaking Procedure - Rules shall be made pursuant
to a rulemaking process that substantially conforms to the "Model
State Administrative Procedure Act," of 1981, Uniform Laws Annotated,
Vol. 15, p.1 (2000) as amended, as may be appropriate to the
operations of the Interstate Commission.
(C) Not later than thirty (30) days after a rule is promulgated,
any person may file a petition for judicial review of the rule;
provided, that the filing of such a petition shall not stay or
otherwise prevent the rule from becoming effective unless the court
finds that the petitioner has a substantial likelihood of success.
The court shall give deference to the actions of the Interstate
Commission consistent with applicable law and shall not find the rule
to be unlawful if the rule represents a reasonable exercise of the
Interstate Commission's authority.
(D) If a majority of the legislatures of the compacting states
rejects a Rule by enactment of a statute or resolution in the same
manner used to adopt the compact, then such rule shall have no
further force and effect in any compacting state.
Article XIII. Oversight, Enforcement, and Dispute Resolution
(A) Oversight
(1) The executive, legislative and judicial branches of state
government in each member state shall enforce this compact, and shall
take all actions necessary and appropriate to effectuate the compact'
s purposes and intent. The provisions of this compact and the rules
promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the
rules in any judicial or administrative proceeding in a member state
pertaining to the subject matter of this compact which may affect the
powers, responsibilities or actions of the Interstate Commission.
(3) The Interstate Commission shall be entitled to receive all
service of process in any such proceeding, and shall have standing to
intervene in the proceeding for all purposes. Failure to provide
service of process to the Interstate Commission shall render a
judgment or order void as to the Interstate Commission, this compact
or promulgated rules.
(B) Default, Technical Assistance, Suspension and Termination - If
the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this compact, or the bylaws or promulgated rules, the
Interstate Commission shall:
(1) Provide written notice, to the defaulting state and other
member states, of the nature of the default, the means of curing the
default and any action taken by the Interstate Commission. The
Interstate Commission shall specify the conditions by which the
defaulting state must cure its default.
(2) Provide remedial training and specific technical assistance
regarding the default.
(3) If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the member states and all rights,
privileges and benefits conferred by this compact shall be terminated
from the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of the default.
(4) Suspension or termination of membership in the compact shall
be imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall be
given by the Interstate Commission to the Governor, the majority and
minority leaders of the defaulting state's legislature, and each of
the member states.
(5) The state which has been suspended or terminated is
responsible for all assessments, obligations and liabilities incurred
through the effective date of suspension or termination including
obligations, the performance of which extends beyond the effective
date of suspension or termination.
(6) The Interstate Commission shall not bear any costs relating to
any state that has been found to be in default or which has been
suspended or terminated from the compact, unless otherwise mutually
agreed upon in writing between the Interstate Commission and the
defaulting state.
(7) The defaulting state may appeal the action of the Interstate
Commission by petitioning the U.S. District Court for the District of
Columbia or the federal district where the Interstate Commission has
its principal offices. The prevailing party shall be awarded all
costs of such litigation including reasonable attorney's fees.
(C) Dispute Resolution
(1) The Interstate Commission shall attempt, upon the request of a
member state, to resolve disputes which are subject to the compact
and which may arise among member states and between member and
nonmember states.
(2) The Interstate Commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes as
appropriate.
(D) Enforcement
(1) The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
(2) The Interstate Commission may, by majority vote of the
members, initiate legal action in the United States District Court
for the District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission
has its principal offices, to enforce compliance with the provisions
of the compact or its promulgated rules and bylaws against a member
state in default. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such litigation
including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the
Interstate Commission. The Interstate Commission may avail itself of
any other remedies available under state law or the regulation of a
profession.
Article XIV. Financing of the Interstate Commission
(A) The Interstate Commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization and ongoing activities.
(B) The Interstate Commission may levy on and collect an annual
assessment from each member state to cover the cost of the operations
and activities of the Interstate Commission and its staff which must
be in a total amount sufficient to cover the Interstate Commission's
annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by
the Interstate Commission, which shall promulgate a rule binding upon
all member states.
(C) The Interstate Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same; nor shall
the Interstate Commission pledge the credit of any of the member
states, except by and with the authority of the member state.
(D) The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant, and the
report of the audit shall be included in and become part of the
annual report of the Interstate Commission.
Article XV. Member, States, Effective Date and Amendment
(A) Any state is eligible to become a member state.
(B) The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than ten
(10) of the states. The effective date shall be no earlier than
December 1, 2007. Thereafter it shall become effective and binding as
to any other member state upon enactment of the compact into law by
that state. The governors of non-member states or their designees
shall be invited to participate in the activities of the Interstate
Commission on a nonvoting basis prior to adoption of the compact by
all states.
(C) The Interstate Commission may propose amendments to the
compact for enactment by the member states. No amendment shall become
effective and binding upon the Interstate Commission and the member
states unless and until it is enacted into law by unanimous consent
of the member states.
Article XVI. Withdrawal and Dissolution
(A) Withdrawal
(1) Once effective, the compact shall continue in force and remain
binding upon each and every member state; provided that a member
state may withdraw from the compact by specifically repealing the
statute which enacted the compact into law.
(2) Withdrawal from this compact shall be by the enactment of a
statute repealing the same, but shall not take effect until one (1)
year after the effective date of such statute and until written
notice of the withdrawal has been given by the withdrawing state to
the Governor of each other member jurisdiction.
(3) The withdrawing state shall immediately notify the chairperson
of the Interstate Commission in writing upon the introduction of
legislation repealing this compact in the withdrawing state. The
Interstate Commission shall notify the other member states of the
withdrawing state's intent to withdraw within sixty (60) days of its
receipt thereof.
(4) The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal, including obligations, the performance of which extend
beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall
occur upon the withdrawing state reenacting the compact or upon such
later date as determined by the Interstate Commission.
(B) Dissolution of Compact
(1) This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the
membership in the compact to one (1) member state.
(2) Upon the dissolution of this compact, the compact becomes null
and void and shall be of no further force or effect, and the
business and affairs of the Interstate Commission shall be concluded
and surplus funds shall be distributed in accordance with the bylaws.
Article XVII. Severability and Construction
(A) The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
(B) The provisions of this compact shall be liberally construed to
effectuate its purposes.
(C) Nothing in this compact shall be construed to prohibit the
applicability of other interstate compacts to which the states are
members.
Article XVIII. Binding Effect of Compact and Other Laws
(A) Other Laws
(1) Nothing herein prevents the enforcement of any other law of a
member state that is not inconsistent with this compact.
(2) All member states' laws conflicting with this compact are
superseded to the extent of the conflict.
(B) Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all
rules and bylaws promulgated by the Interstate Commission, are
binding upon the member states.
(2) All agreements between the Interstate Commission and the
member states are binding in accordance with their terms.
(3) In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member state,
such provision shall be ineffective to the extent of the conflict
with the constitutional provision in question in that member state.
SEC. 24. Section 52055.730 of the Education Code is amended to
read:
52055.730. (a) The Superintendent shall identify and invite
school districts and chartering authorities that have eligible
schools to participate in the program established under this article.
(b) The Superintendent shall notify school districts and
chartering authorities at the earliest possible date of all of the
following:
(1) Schoolsites in the district or of a chartering authority that
are eligible to receive funding pursuant to this article.
(2) The program and accountability requirements for schools that
receive funding pursuant to this article.
(3) The deadlines for the submission of documents necessary to
receive funding pursuant to this article.
(4) Any other information the Superintendent deems necessary to
implement this article.
(c) The Superintendent shall specify the manner in which school
districts and chartering authorities shall submit applications to
receive funding pursuant to this article. It is the intent of the
Legislature that this submission process be as simple as possible,
use easily available data, and include the requirements of this
article.
(d) On or before June 30, 2007, the Superintendent, in
consultation with interested parties, shall develop a uniform process
that can be used to calculate average experience for purposes of
reporting, analyzing, or evaluating the distribution of classroom
teaching experience in grades, schoolsites, or subjects across the
district. The uniform process shall include an index that uses the
2005-06 California Basic Educational Data System (CBEDS) Professional
Assignment Information Form (PAIF), including any necessary
corrections, as the base-reporting year to evaluate annual
improvements of the funded schools toward balancing the index of
teaching experience. The index shall be approved by the
Superintendent. The uniform process shall designate teaching
experience beyond 10 years as 10 years.
(e) The Superintendent shall make applications submitted pursuant
to subdivision (c) available for review by the president of the state
board or his or her designee. The Superintendent, and the president
of the state board or his or her designee, shall review the
applications and select the schools for recommendation to the state
board within 30 days after the date the application is submitted to
the Superintendent.
(f) After reviewing applications submitted pursuant to subdivision
(c), the Superintendent and the president of the state board or his
or her designee, jointly shall submit the recommendations for schools
to be funded to the state board for approval. The recommendations
shall ensure a wide geographic distribution of funded schools across
urban, rural, and suburban areas of the state. Schools selected
should also represent a diverse distribution of grade levels. If the
Superintendent and the president of the state board or his or her
designee cannot complete the review and recommendation process in the
time provided, the Superintendent shall submit recommendations to
the state board.
(g) To the maximum extent possible the Superintendent and the
state board shall recommend and approve sufficient schools to use all
available funds. A school selected in the first year shall continue
in the program unless it is terminated pursuant to subdivision (c) of
Section 52055.740, it declines to participate, or there is evidence
of fraud or fiscal irregularities.
(h) In approving the recommendations for funding from the
Superintendent and the president of the state board or his or her
designee, the state board also shall verify that the funded schools
represent the required balance, geographic distribution, and diverse
distribution of grade levels.
(i) The Superintendent shall perform the duties of a county
superintendent of schools pursuant to this article for funded schools
in those counties in which a single school district operates. The
Superintendent may delegate this responsibility to a county
superintendent of schools in the region in which the single district
county is located.
(j) The Superintendent and the president of the state board or his
or her designee may select not more than two county offices of
education to provide regional technical support, document best
practices, and provide information regarding those practices and
other support information to schools, school districts, and
chartering authorities. It is the intent of the Legislature that
these activities be merged to the maximum extent feasible with other
state and federally funded activities with similar requirements.
SEC. 25. Section 52055.760 of the Education Code is amended to
read:
52055.760. (a) A school district or chartering authority may
apply for authority from the Superintendent to use alternative
program requirements if the district or authority demonstrates that
compliance with alternative program requirements would provide a
higher level of academic achievement among pupils than compliance
with the interim and program requirements of this article.
(b) Alternative program requirements may be used to serve no more
than 15 percent of the pupils funded pursuant to this article.
Alternative programs shall serve the entire school.
(c) A school district or chartering authority may use alternative
program requirements at a funded school if all the following criteria
are satisfied:
(1) The proposed alternative requirements are based on reliable
data and are consistent with sound scientifically based research
consistent with subdivision (j) of Section 44757.5 on effective
practices.
(2) The costs of complying with the proposed alternative
requirements do not exceed the amount of funding received by the
school district or chartering authority pursuant to this article.
(3) Funded schools agree to comply with the alternative program
requirements and be subject to the termination procedures specified
in subdivision (c) of Section 52055.740. Funded schools with
alternative programs shall also be required to exceed the API growth
target for the school averaged over the first three fully funded
years and annually thereafter.
(4) The Superintendent and the president of the state board or his
or her designee jointly have reviewed the proposed alternative
funded schools of the school district or chartering authority for
purposes of this section and have recommended to the state board for
its approval those schools, using the same process as for the regular
program recommendations.
(d) The Superintendent shall give priority for approval of schools
with alternative programs to any school serving any of grades 9 to
12, inclusive, that has demonstrated to the satisfaction of the
Superintendent and the president of the state board or his or her
designee that the school cannot decrease class sizes as required
under this article due to extraordinary issues relating to
facilities, or due to the adverse impact of the requirements of this
program, if implemented in the school, on the eligibility of the
school district for state school facility funding.
SEC. 26. 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 (f):
(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, and 2011-12 to 2014-15 fiscal years,
inclusive, 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).
(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.
(C) Commencing with the 2010-11 fiscal year, payments made
pursuant to subparagraphs (A) and (B) shall be made only on or after
October 8 of each fiscal year.
(d) For the 2013-14 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 to fund this article shall not
exceed the total funds agreed to by those parties. This annual
appropriation 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 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 fiscal year, commencing with the 2011-12 fiscal year,
to the 2014-15 fiscal year, inclusive, the sum transferred pursuant
to subparagraph (A) of paragraph (2) of subdivision (c) shall be
allocated by the Chancellor of the California Community Colleges as
follows: Forty-eight million dollars ($48,000,000) 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.
(g) The appropriations made under subdivision (c) 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 the 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)
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) 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 provision of 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 available for
reappropriation only 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 State Department of
Education 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. 27. Section 52128.5 of the Education Code is repealed.
SEC. 28. Section 52254 of the Education Code is amended to read:
52254. (a) Within 90 days of the effective date of the act that
enacts this chapter, the Education Council for Technology in Learning
established pursuant to Section 51872 shall develop and submit to
the state board project and application criteria and any other
necessary program criteria, including the following:
(1) Criteria that shall establish fixed minimum grant levels for
small schools.
(2) Match criteria, including provisions for waiver or
modification of the match requirements in special circumstances.
(3) Minimum qualifications for installation grant funding.
(b) In developing criteria pursuant to subdivision (a), the
Council for Technology in Learning shall seek input from the
department, the president of the state board or his or her designee,
the Department of Information Technology, statewide organizations of
computer-using educators, institutions of postsecondary education,
and the educational technology industry. All criteria, requirements,
and qualifications developed pursuant to this section shall be
subject to approval by the state board. The Council for Technology in
Learning may annually review and revise these criteria, as
necessary, and resubmit them to the state board.
(c) All criteria and requirements in Section 52256 shall be
neutral with regard to computer manufacturer and technology platform.
No project application submitted pursuant to this chapter shall be
evaluated or selected based on the applicant's selection of
technology manufacturer, supplier, vendor, or platform. It is the
intent of the Legislature to promote the broadest possible discretion
at the individual high school level with regard to the choice of
education technology.
(d) A high school shall receive only one installation grant
allocated pursuant to this chapter. Alternative high schools and
alternative programs for pupils in grades 9 to 12, inclusive, that
include, but are not limited to, continuation schools, opportunity
schools, educational centers, community day schools, and special
education programs, and are located on the same property as, on a
site adjacent to, or across the street from, a comprehensive high
school, shall be included, for application and funding purposes,
within the comprehensive high school.
(e) Regional consortia established for the purposes of Article 15
(commencing with Section 51870) of Chapter 5 of Part 28 shall provide
support and assistance to schools applying for or implementing
grants allocated pursuant to this chapter upon the request of the
school district or county office of education having jurisdiction
over the school. Up to l percent of the total amount of funds
appropriated for purposes of this chapter may, upon approval of the
Department of Finance, be allocated to regional consortia for support
and assistance rendered to schools pursuant to this section.
SEC. 29. Section 52270 of the Education Code is amended to read:
52270. The Education Technology Grant Program is hereby
established to provide one-time grants to school districts and
charter schools for purposes of acquiring computers for instructional
purposes at public schools. The president of the state board or his
or her designee shall administer the application process for the
award of grants.
(a) The first priority for the use of the funds is to ensure that
high school pupils in schools offering three or fewer advanced
placement courses have access to advanced placement courses online.
Grants awarded for the first priority may be expended to purchase or
lease computers and related equipment and for wiring or
infrastructure necessary to achieve connectivity to online advanced
placement courses.
(b) The second priority for the use of the funds is to increase
the number of computers available to all other public schools that
offer instruction in kindergarten or any of grades 1 to 12,
inclusive. Grants awarded for the purposes of the second priority
shall be awarded at the school district level and shall be based on a
ratio of pupils per computer, as determined by the president of the
state board or his or her designee. A school district that receives a
grant shall award the funds to its schools that have the highest
number of pupils per computer. Each education technology grant
awarded based on the second priority shall only be used for the
purchase or lease of computers including system configuration,
software, and instructional material. The grant amount awarded to
each school district or charter school for the second priority shall
be determined by the president of the state board or his her
designee.
(c) All funds awarded pursuant to this section shall be used
solely to purchase or lease equipment and related materials for
instructional purposes and limited to classroom, library, or
technology and media centers in order to provide access to online
advanced placement courses for pupils and increase the number of
computers per pupil. These grant funds are to supplement, not
supplant, existing local, state, and federal education technology
funds, including Digital High School funds.
(d) To receive a grant pursuant to this section, school districts
and charter schools shall have developed an education technology plan
or shall develop a plan with the assistance of the California
Technology Assistance Project specifically for the use of the funds
available pursuant to this section within 90 days after submission of
the application for a grant pursuant to this chapter. The plan shall
address the use of these and other technology funds to ensure they
are used effectively and in a manner consistent with other education
technology available at the schoolsite. School districts and charter
schools that choose to lease equipment shall include in their
technology plan a payment schedule, and shall identify the funding
source or sources for lease payments over the life of the lease,
including, but not limited to, establishing a technology leasing
account and amortizing the available state funding over the term of
the lease, if appropriate. In addition, the term of the lease shall
be no longer than four years unless authorized at local discretion,
in which case the lease or purchase shall be funded at local expense.
A school district or charter school with an existing certified or
approved education technology plan developed pursuant to other
provisions of law may utilize the existing plan for the purposes of
this program but shall, if necessary, amend that plan to meet the
requirements of this subdivision if the school district or charter
school chooses to lease the computers.
(e) School districts and charter schools may purchase or lease
computers, related equipment and materials, and other goods and
services using any statewide or cooperative contracts, schedules, or
other agreements, established by the Department of General Services.
(f) Funding for the purposes of this section is contingent on an
appropriation made in the annual Budget Act or other legislation, or
both.
(g) Funds appropriated to carry out this section in the 2000-01
fiscal year shall only be available to high schools, or charter
schools, that serve any of grades 9 to 12, inclusive.
(h) The state board may adopt emergency regulations governing the
method of allocating funds for the Education Technology Grant Program
for the 2000-01 fiscal year.
SEC. 30. Section 52272 of the Education Code is amended to read:
52272. (a) The Education Technology Professional Development
Program is hereby established to provide teacher training on the use
of technology in the classroom. The professional development training
shall provide teachers with knowledge and skills on how best to
integrate the use of technology into the classroom and curriculum.
(b) The California State University shall administer the
professional development training component of the program, and shall
collaborate with the California Technology Assistance Project,
county offices of education, and other appropriate public and private
organizations in developing and providing this training.
(c) The president of the state board or his or her designee, in
collaboration with the Chancellor of the California State University,
shall select a contractor to conduct an independent evaluation of
the effectiveness of the Education Technology Professional
Development Program. Upon completion, the report shall be submitted
to the Governor and the Legislature by January 1, 2002.
(d) Funding for the purposes of this section is contingent on an
appropriation made for those purposes in the annual Budget Act.
SEC. 31. Article 3.5 (commencing with Section 52360) of Chapter 9
of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 32. Chapter 16 (commencing with Section 53050) of Part 28 of
Division 4 of Title 2 of the Education Code is repealed.
SEC. 33. Section 56030.5 of the Education Code is amended to read:
56030.5. "Severely disabled" means individuals with exceptional
needs who require intensive instruction and training in programs
serving pupils with the following profound disabilities: autism,
blindness, deafness, severe orthopedic impairments, serious emotional
disturbances, severe intellectual disability, and those individuals
who would have been eligible for enrollment in a development center
for handicapped pupils under Chapter 6 (commencing with Section
56800), as it read on January 1, 1980.
SEC. 34. Section 56337 of the Education Code is amended to read:
56337. (a) A specific learning disability, as defined in Section
1401(30) of Title 20 of the United States Code, means a disorder in
one or more of the basic psychological processes involved in
understanding or in using language, spoken or written, which may
manifest itself in the imperfect ability to listen, think, speak,
read, write, spell, or perform mathematical calculations. The term
"specific learning disability" includes conditions such as perceptual
disabilities, brain injury, minimal brain dysfunction, dyslexia, and
developmental aphasia. That term does not include a learning problem
that is primarily the result of visual, hearing, or motor
disabilities, of intellectual disabilities, of emotional disturbance,
or of environmental, cultural, or economic disadvantage.
(b) Notwithstanding any other law and pursuant to Section 1414(b)
(6) of Title 20 of the United States Code, in determining whether a
pupil has a specific learning disability as defined in subdivision
(a), a local educational agency is not required to take into
consideration whether a pupil has a severe discrepancy between
achievement and intellectual ability in oral expression, listening
comprehension, written expression, basic reading skill, reading
comprehension, mathematical calculation, or mathematical reasoning.
(c) In determining whether a pupil has a specific learning
disability, a local educational agency may use a process that
determines if the pupil responds to scientific, research-based
intervention as a part of the assessment procedures described in
Section 1414(b)(2) and (3) of Title 20 of the United States Code and
covered in Sections 300.307 to 300.311, inclusive, of Title 34 of the
Code of Federal Regulations.
SEC. 35. Section 56363 of the Education Code is amended to read:
56363. (a) As used in this part, the term "designated instruction
and services" means "related services" as that term is defined in
Section 1401(26) of Title 20 of the United States Code and Section
300.34 of Title 34 of the Code of Federal Regulations. The term
"related services" means transportation, and such developmental,
corrective, and other supportive services (including speech-language
pathology and audiology services, interpreting services,
psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, social work services,
school nurse services designed to enable an individual with
exceptional needs to receive a free appropriate public education as
described in the individualized education program of the child,
counseling services, including rehabilitation counseling,
orientation, and mobility services, and medical services, except that
such medical services shall be for diagnostic and evaluation
purposes only) as may be required to assist an individual with
exceptional needs to benefit from special education, and includes the
early identification and assessment of disabling conditions in
children.
(b) These services may include, but are not limited to, the
following:
(1) Language and speech development and remediation. The language
and speech development and remediation services may be provided by a
speech-language pathology assistant as defined in subdivision (i) of
Section 2530.2 of the Business and Professions Code.
(2) Audiological services.
(3) Orientation and mobility services.
(4) Instruction in the home or hospital.
(5) Adapted physical education.
(6) Physical and occupational therapy.
(7) Vision services.
(8) Specialized driver training instruction.
(9) Counseling and guidance services, including rehabilitation
counseling.
(10) Psychological services other than assessment and development
of the individualized education program.
(11) Parent counseling and training.
(12) Health and nursing services, including school nurse services
designed to enable an individual with exceptional needs to receive a
free appropriate public education as described in the individualized
education program.
(13) Social worker services.
(14) Specially designed vocational education and career
development.
(15) Recreation services.
(16) Specialized services for low-incidence disabilities, such as
readers, transcribers, and vision and hearing services.
(17) Interpreting services.
(c) The terms "designated instruction and services" and "related
services" do not include a medical device that is surgically
implanted, including cochlear implants, the optimization of the
functioning of a medical device, maintenance of that device, or the
replacement of that device, pursuant to Section 300.34(b) of Title 34
of the Code of Federal Regulations. In accordance with Section
300.34(b) of Title 34 of the Code of Federal Regulations, nothing in
this subdivision shall do any of the following:
(1) Limit the right of an individual with exceptional needs with a
surgically implanted device, including a cochlear implant, to
receive related services or designated instruction and services that
are determined by the individualized education program team to be
necessary for the individual to receive a free appropriate public
education.
(2) Limit the responsibility of a local educational agency to
appropriately monitor and maintain medical devices that are needed to
maintain the health and safety of the individual, including
breathing, nutrition, or operation of other bodily functions, while
the individual is transported to and from school or is at school.
(3) Prevent the routine checking of an external component of a
surgically implanted device to make sure it is functioning properly,
as required by Section 300.113(b) of Title 34 of the Code of Federal
Regulations.
SEC. 36. Section 56441.11 of the Education Code is amended to
read:
56441.11. (a) Notwithstanding any other law or regulation, the
special education eligibility criteria in subdivision (b) shall apply
to preschool children, between the ages of three and five years.
(b) A preschool child, between the ages of three and five years,
qualifies as a child who needs early childhood special education
services if the child meets the following criteria:
(1) Is identified as having one of the following disabling
conditions, as defined in Section 300.8 of Title 34 of the Code of
Federal Regulations, or an established medical disability, as defined
in subdivision (d):
(A) Autism.
(B) Deaf-blindness.
(C) Deafness.
(D) Hearing impairment.
(E) Intellectual disability.
(F) Multiple disabilities.
(G) Orthopedic impairment.
(H) Other health impairment.
(I) Serious emotional disturbance.
(J) Specific learning disability.
(K) Speech or language impairment in one or more of voice,
fluency, language and articulation.
(L) Traumatic brain injury.
(M) Visual impairment.
(N) Established medical disability.
(2) Needs specially designed instruction or services as defined in
Sections 56441.2 and 56441.3.
(3) Has needs that cannot be met with modification of a regular
environment in the home or school, or both, without ongoing
monitoring or support as determined by an individualized education
program team.
(4) Meets eligibility criteria specified in Section 3030 of Title
5 of the California Code of Regulations.
(c) A child is not eligible for special education and services if
the child does not otherwise meet the eligibility criteria and his or
her educational needs are due primarily to:
(1) Unfamiliarity with the English language.
(2) Temporary physical disabilities.
(3) Social maladjustment.
(4) Environmental, cultural, or economic factors.
(d) For purposes of this section, "established medical disability"
means a disabling medical condition or congenital syndrome that the
individualized education program team determines has a high
predictability of requiring special education and services.
(e) When standardized tests are considered invalid for children
between the ages of three and five years, alternative means,
including scales, instruments, observations, and interviews, shall be
used as specified in the assessment plan.
(f) In order to implement the eligibility criteria in subdivision
(b), the Superintendent shall do all of the following:
(1) Provide for training in developmentally appropriate practices,
alternative assessment, and placement options.
(2) Provide a research-based review for developmentally
appropriate application criteria for young children.
(3) Provide program monitoring for appropriate use of the
eligibility criteria.
(g) If legislation is enacted mandating early intervention
services to infants and toddlers with disabilities pursuant to the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.), the Superintendent shall reconsider the eligibility
criteria for preschool children, between the ages of three and five
years, and recommend appropriate changes to the Legislature.
SEC. 37. Section 60855 of the Education Code is amended to read:
60855. (a) By January 15, 2000, the Superintendent shall contract
for a multiyear independent evaluation of the high school exit
examination that is established pursuant to this chapter. The
evaluation shall be based upon information gathered in field testing
and annual administrations of the examination and shall include all
of the following:
(1) Analysis of pupil performance, broken down by grade level,
gender, race or ethnicity, and subject matter of the examination,
including trends that become apparent over time.
(2) Analysis of the exit examination's effects, if any, on college
attendance, pupil retention, graduation, and dropout rates,
including analysis of these effects on the population subgroups
described in subdivision (b).
(3) Analysis of whether the exit examination is likely to have, or
has, differential effects, whether beneficial or detrimental, on
population subgroups described in subdivision (b).
(b) Evaluations conducted pursuant to this section shall
separately consider test results for each of the following population
subgroups, provided that information concerning individuals shall
not be gathered or disclosed in the process of preparing this
evaluation.
(1) English language learners and non-English language learners.
(2) Individuals with exceptional needs and individuals without
exceptional needs.
(3) Pupils who qualify for free or reduced price meals and are
enrolled in schools that qualify for assistance under Title 1 of the
federal Improving America's Schools Act of 1994 (Public Law 103-382)
and pupils that do not qualify for free or reduced price meals and
are not enrolled in schools that qualify for assistance under Title 1
of the federal Improving America's Schools Act of 1994 (Public Law
103-382).
(4) Any group of pupils that has been determined by the
independent evaluator to be differentially affected by the exit
examination established pursuant to this chapter.
(c) Evaluation reports shall include recommendations to improve
the quality, fairness, validity, and reliability of the examination.
The independent evaluator also may make recommendations for revisions
in design, administration, scoring, processing, or use of the
examination.
(d) The independent evaluator shall report to the Governor, the
Office of the Legislative Analyst, the Superintendent, the state
board, and the chairs of the education policy committees in both
houses of the Legislature, in accordance with the following schedule:
(1) Preliminary report on field testing by July 1, 2000.
(2) First annual report by February 1, 2002.
(3) Regular biennial reports by February 1 of even-numbered years
following 2002.
SEC. 38. Section 60900 of the Education Code is amended to read:
60900. (a) The department shall contract for the development of
proposals which will provide for the retention and analysis of
longitudinal pupil achievement data on the tests administered
pursuant to Chapter 5 (commencing with Section 60600), Chapter 7
(commencing with Section 60810), and Chapter 9 (commencing with
Section 60850). The longitudinal data shall be known as the
California Longitudinal Pupil Achievement Data System.
(b) The proposals developed pursuant to subdivision (a) shall
evaluate and determine whether it would be most effective, from both
a fiscal and a technological perspective, for the state to own the
system. The proposals shall additionally evaluate and determine the
most effective means of housing the system.
(c) The California Longitudinal Pupil Achievement Data System
shall be developed and implemented in accordance with all state rules
and regulations governing information technology projects.
(d) The system or systems developed pursuant to this section shall
be used to accomplish all of the following goals:
(1) To provide school districts and the department access to data
necessary to comply with federal reporting requirements delineated in
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.).
(2) To provide a better means of evaluating educational progress
and investments over time.
(3) To provide local educational agencies information that can be
used to improve pupil achievement.
(4) To provide an efficient, flexible, and secure means of
maintaining longitudinal statewide pupil level data.
(5) To facilitate the ability of the state to publicly report
data, as specified in Section 6401(e)(2)(D) of the federal America
COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(6) To ensure that any data access provided to researchers, as
required pursuant to the federal Race to the Top regulations and
guidelines is provided, only to the extent that the data access is in
compliance with the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g).
(e) In order to comply with federal law as delineated in the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the
local educational agency shall retain individual pupil records for
each test taker, including all of the following:
(1) All demographic data collected from the STAR Program test,
high school exit examination, and English language development tests.
(2) Pupil achievement data from assessments administered pursuant
to the STAR Program, high school exit examination, and English
language development testing programs. To the extent feasible, data
should include subscore data within each content area.
(3) A unique pupil identification number to be identical to the
pupil identifier developed pursuant to the California School
Information Services, which shall be retained by each local
educational agency and used to ensure the accuracy of information on
the header sheets of the STAR Program tests, high school exit
examination, and the English language development test.
(4) All data necessary to compile reports required by the federal
No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.),
including, but not limited to, dropout and graduation rates.
(5) Other data elements deemed necessary by the Superintendent,
with approval of the state board, to comply with the federal
reporting requirements delineated in the No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.), and the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), after review and comment
by the advisory board convened pursuant to subdivision (h). Before
the implementation of this paragraph with respect to adding data
elements to the California Longitudinal Pupil Achievement Data System
for the purpose of complying with the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), the department and the
appropriate postsecondary education agencies shall submit an
expenditure plan to the Department of Finance detailing any
administrative costs to the department and costs to any local
educational agency, if applicable. The Department of Finance shall
provide to the Joint Legislative Budget Committee a copy of the
expenditure plan within 10 days of receipt of the expenditure plan
from the department.
(6) To enable the department, the University of California, the
California State University, and the Chancellor of the California
Community Colleges, to meet the requirements prescribed by the
federal American Recovery and Reinvestment Act of 2009 (Public Law
111-5), these entities shall be authorized to obtain quarterly wage
data, commencing July 1, 2010, on students who have attended their
respective systems, to assess the impact of education on the
employment and earnings of those students, to conduct the annual
analysis of district-level and individual district or postsecondary
education system performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
(f) The California Longitudinal Pupil Achievement Data System
shall have all of the following characteristics:
(1) The ability to sort by demographic element collected from the
STAR Program tests, high school exit examination, and English
language development test.
(2) The capability to be expanded to include pupil achievement
data from multiple years.
(3) The capability to monitor pupil achievement on the STAR
Program tests, high school exit examination, and English language
development test from year to year and school to school.
(4) The capacity to provide data to the state and local
educational agencies upon their request.
(g) Data elements and codes included in the system shall comply
with Sections 49061 to 49079, inclusive, and Sections 49602 and
56347, with Sections 430 to 438, inclusive, of Title 5 of the
California Code of Regulations, with the Information Practices Act of
1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part
4 of Division 3 of the Civil Code), and with the federal Family
Education Rights and Privacy Act (20 U.S.C. Sec. 1232g), Section
1242h of Title 20 of the United States Code, and related federal
regulations.
(h) The department shall convene an advisory board consisting of
representatives or designees from the state board, the Department of
Finance, the State Privacy Ombudsman, the Legislative Analyst's
Office, representatives of parent groups, school districts, and local
educational agencies, and education researchers to establish privacy
and access protocols, provide general guidance, and make
recommendations relative to data elements. The department is
encouraged to seek representation broadly reflective of the general
public of California.
(i) Subject to funding being provided in the annual Budget Act,
the department shall contract with a consultant for independent
project oversight. The Director of Finance shall review the request
for proposals for the contract. The consultant hired to conduct the
independent project oversight shall twice annually submit a written
report to the Superintendent, the state board, the advisory board,
the Director of Finance, the Legislative Analyst, and the appropriate
policy and fiscal committees of the Legislature. The report shall
include an evaluation of the extent to which the California
Longitudinal Pupil Achievement Data System is meeting the goals
described in subdivision (d) and recommendations to improve the data
system in ensuring the privacy of individual pupil information and
providing the data needed by the state and school districts.
(j) This section shall be implemented using federal funds received
pursuant to the No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.), which are appropriated for purposes of this section in
Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002
(Chapter 379 of the Statutes of 2002). The release of these funds is
contingent on approval of an expenditure plan by the Department of
Finance.
(k) For purposes of this chapter, a local educational agency shall
include a county office of education, a school district, and a
charter school.
SEC. 39. Chapter 2 (commencing with Section 63050) of Part 35 of
Division 4 of Title 2 of the Education Code is repealed.
SEC. 40. Section 42630 of the Public Resources Code is amended to
read:
42630. (a) It is the intent of the Legislature, by enacting this
chapter, to accomplish all of the following:
(1) Every school district and schoolsite in this state will be
encouraged to implement source reduction, recycling, and composting
programs that would do all of the following:
(A) Reduce waste and conserve resources.
(B) Provide pupils with a "hands-on" learning experience.
(C) Minimize the expenditure of taxpayer and education dollars on
solid waste collection and disposal.
(2) School districts and individual schoolsites will cooperate
with cities and counties in developing plans and programs to meet and
exceed the state's 50 percent waste reduction and recycling mandate.
(3) To the maximum extent feasible, school districts and schools
will utilize products and supplies made from recycled materials.
(4) The State Department of Education, the State Board of
Education, the California Environmental Protection Agency, and the
Natural Resources Agency, will coordinate efforts in the development,
dissemination, and promotion of the use of environmental education
programs for pupils.
(b) The Legislature, therefore, declares that school districts
throughout the state should be assisted in establishing and
implementing source reduction and recycling programs.
SEC. 41. Section 42645 of the Public Resources Code is amended to
read:
42645. (a) The board, in consultation with the State Department
of Education and the State Board of Education, shall establish a
program to provide grants to school districts and schools to assist
in the development and implementation of educational programs and to
promote the use of existing educational programs to teach the
concepts of source reduction, recycling, and composting.
(b) The board, in consultation with the State Department of
Education and the State Board of Education, shall adopt criteria for
awarding grants pursuant to this article, including, but not limited
to, the grant's structure, the schedule for awarding grants, and
grant amount limits. These criteria shall include, but not be limited
to, a procedure for the geographic distribution of the grants and
the appropriate representation of elementary, middle, and high school
as grant recipients. In adopting this criteria, the board shall
include, in the criteria, the extent to which an office, a school
district, or a school has demonstrated a commitment to achieving the
following goals:
(1) The adoption of waste reduction and recycling programs and
practices.
(2) The adoption and implementation of the unified education
strategy adopted pursuant to Part 4 (commencing with Section 71300)
of Division 34.
(3) The allocation of adequate space for the safe collection,
storage, and loading of recyclable materials.
(4) To the maximum extent feasible, the use of recycled materials
and environmentally preferable products in the construction or
modernization of public school facilities.
(5) Participation in the environmental ambassador pilot program
established pursuant to Section 51226.4 of the Education Code.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the adoption
of criteria for the awarding of grants pursuant to this article is
not the adoption of a regulation, and is exempt from the requirements
of that chapter.
SEC. 42. Section 71300 of the Public Resources Code is amended to
read:
71300. (a) For purposes of this part "office" means the Office of
Education and the Environment of the California Environmental
Protection Agency, as established pursuant to this section.
(b) The Office of Education and the Environment is hereby
established in the California Environmental Protection Agency. The
office shall report to the Secretary for Environmental Protection.
The office shall dedicate its effort to implementing the statewide
environmental educational program prescribed pursuant to this part.
The office, through staffing and resources, shall give a high
priority to implementing the statewide environmental education
program.
(c) The office, under the direction of the Secretary for
Environmental Protection, in cooperation with the State Department of
Education and the State Board of Education, shall develop and
implement a unified education strategy on the environment for
elementary and secondary schools in the state. The office shall
develop a unified education strategy to do all of the following:
(1) Coordinate instructional resources and strategies for
providing active pupil participation with onsite conservation
efforts.
(2) Promote service-learning opportunities between schools and
local communities.
(3) Assess the impact to participating pupils of the unified
education strategy on pupil achievement and resource conservation.
(4) On or before June 30, 2006, the office shall report to the
Legislature and the Governor on its progress in developing,
implementing, and assessing the unified education strategy.
(d) The State Department of Education and the State Board of
Education shall develop and implement to the extent feasible, a
teacher training and implementation plan, to guide the implementation
of the unified education strategy, for the education of pupils,
faculty, and administrators on the importance of integrating
environmental concepts and programs in schools throughout the state.
The strategy shall project the phased implementation of elementary,
middle, and high school programs.
(e) In implementing this part, the office may hold public meetings
to receive and respond to comments from affected state agencies,
stakeholders, and the public regarding the development of resources
and materials pursuant to this part.
(f) In implementing this part, the office shall coordinate with
other agencies and groups with expertise in education and the
environment, including, but not limited to, the California
Environmental Education Interagency Network.
(g) Any instructional materials developed pursuant to this part
shall be subject to the requirements of Chapter 1 (commencing with
Section 60000) of Part 33 of Division 4 of Title 2 of the Education
Code, including, but not limited to, reviews for legal and social
compliance before the materials may be used in elementary or
secondary public schools.
SEC. 43. Section 71301 of the Public Resources Code is amended to
read:
71301. (a) As part of the unified education strategy, the office,
under the direction of the Secretary for Environmental Protection,
in cooperation with the Natural Resources Agency, the State
Department of Education and the State Board of Education, shall
develop education principles for the environment for elementary and
secondary school pupils. The principles may be updated every four
years beginning July 1, 2008. The principles shall be aligned to the
academic content standards adopted by the State Board of Education
pursuant to Section 60605 of the Education Code. The principles shall
be used to do all of the following:
(1) To direct state agencies that include environmental education
components for elementary and secondary education in regulatory
decisions or enforcement actions.
(2) To align state agency environmental education programs and
materials that are developed for elementary and secondary education.
(b) The education principles for the environment shall include,
but not be limited to, concepts relating to the following topics:
(1) Environmental sustainability.
(2) Water.
(3) Air.
(4) Energy.
(5) Forestry.
(6) Fish and wildlife resources.
(7) Oceans.
(8) Toxics and hazardous waste.
(9) Integrated waste management.
(10) Integrated pest management.
(11) Public health and the environment.
(12) Pollution prevention.
(13) Resource conservation and recycling.
(14) Environmental justice.
(c) The principles shall be aligned to the applicable academic
content standards adopted by the State Board of Education and shall
not duplicate or conflict with any academic content standards.
(d) (1) The education principles for the environment shall be
incorporated, as the State Board of Education determines to be
appropriate, in criteria developed for textbook adoption required
pursuant to Section 60200 or 60400 of the Education Code in science,
mathematics, English/language arts, and history/social sciences.
(2) If the State Board of Education determines that the education
principles for the environment are not appropriate for inclusion in
the textbook adoption criteria cited in paragraph (1), the State
Board of Education shall collaborate with the office to make the
changes necessary to ensure that the principles are included in the
textbook adoption criteria in science, mathematics, English/language
arts, and history/social sciences.
(e) If the content standards required pursuant to Section 60605 of
the Education Code are revised, the education principles for the
environment shall be appropriately considered for inclusion into part
of the revised academic content standards.
SEC. 44. Section 2102 of the Welfare and Institutions Code is
repealed.
SEC. 45. Section 4341.1 of the Welfare and Institutions Code is
repealed.
SEC. 46. Section 4380 of the Welfare and Institutions Code is
amended to read:
4380. Subject to the availability of funding each year, the
Legislature authorizes the director, in consultation with the
Superintendent of Public Instruction, to award matching grants to
local educational agencies to pay the state share of the costs of
providing programs that provide school-based early mental health
intervention and prevention services to eligible pupils at
schoolsites of eligible pupils, as follows:
(a) The director shall award matching grants pursuant to this
chapter to local educational agencies throughout the state.
(b) Matching grants awarded under this part shall be awarded for a
period of not more than three years and no single schoolsite shall
be awarded more than one grant, except for a schoolsite that received
a grant prior to July 1, 1992.
(c) The director shall pay to each local educational agency having
an application approved pursuant to requirements in this part the
state share of the cost of the activities described in the
application.
(d) Commencing July 1, 1993, the state share of matching grants
shall be a maximum of 50 percent in each of the three years.
(e) Commencing July 1, 1993, the local share of matching grants
shall be at least 50 percent, from a combination of school district
and cooperating entity funds.
(f) The local share of the matching grant may be in cash or
payment in-kind.
(g) Priority shall be given to those applicants that demonstrate
the following:
(1) The local educational agency will serve the greatest number of
eligible pupils from low-income families.
(2) The local educational agency will provide a strong parental
involvement component.
(3) The local educational agency will provide supportive services
with one or more cooperating entities.
(4) The local educational agency will provide services at a low
cost per child served in the project.
(5) The local educational agency will provide programs and
services that are based on adoption or modification, or both, of
existing programs that have been shown to be effective. No more than
20 percent of the grants awarded by the director may be utilized for
new models.
(6) The local educational agency will provide services to children
who are in out-of-home placement or who are at risk of being in
out-of-home placement.
(h) Eligible supportive services may include the following:
(1) Individual and group intervention and prevention services.
(2) Parent involvement through conferences or training, or both.
(3) Teacher and staff conferences and training related to meeting
project goals.
(4) Referral to outside resources when eligible pupils require
additional services.
(5) Use of paraprofessional staff, who are trained and supervised
by credentialed school psychologists, school counselors, or school
social workers, to meet with pupils on a short-term weekly basis, in
a one-on-one setting as in the primary intervention program
established pursuant to Chapter 4 (commencing with Section 4343) of
Part 3. A minimum of 80 percent of the grants awarded by the director
shall include the basic components of the primary intervention
program.
(6) Any other service or activity that will improve the mental
health of eligible pupils.
Prior to participation by an eligible pupil in either individual
or group services, consent of a parent or guardian shall be obtained.
(i) Each local educational agency seeking a grant under this
chapter shall submit an application to the director at the time, in a
manner, and accompanied by any information the director may
reasonably require.
(j) Each matching grant application submitted shall include all of
the following:
(1) Documentation of need for the school-based early mental health
intervention and prevention services.
(2) A description of the school-based early mental health
intervention and prevention services expected to be provided at the
schoolsite.
(3) A statement of program goals.
(4) A list of cooperating entities that will participate in the
provision of services. A letter from each cooperating entity
confirming its participation in the provision of services shall be
included with the list. At least one letter shall be from a
cooperating entity confirming that it will agree to screen referrals
of low-income children the program has determined may be in need of
mental health treatment services and that, if the cooperating entity
determines that the child is in need of those services and if the
cooperating entity determines that according to its priority process
the child is eligible to be served by it, the cooperating entity will
agree to provide those mental health treatment services.
(5) A detailed budget and budget narrative.
(6) A description of the proposed plan for parent involvement in
the program.
(7) A description of the population anticipated to be served,
including number of pupils to be served and socioeconomic indicators
of sites to receive funds.
(8) A description of the matching funds from a combination of
local education agencies and cooperating entities.
(9) A plan describing how the proposed school-based early mental
health intervention and prevention services program will be continued
after the matching grant has expired.
(10) Assurance that grants would supplement and not supplant
existing local resources provided for early mental health
intervention and prevention services.
(11) A description of an evaluation plan that includes
quantitative and qualitative measures of school and pupil
characteristics, and a comparison of children's adjustment to school.
(k) Matching grants awarded pursuant to this article may be used
for salaries of staff responsible for implementing the school-based
early mental health intervention and prevention services program,
equipment and supplies, training, and insurance.
( l ) Salaries of administrative staff and other
administrative costs associated with providing services shall be
limited to 5 percent of the state share of assistance provided under
this section.
(m) No more than 10 percent of each matching grant awarded
pursuant to this article may be used for matching grant evaluation.
(n) No more than 10 percent of the moneys allocated to the
director pursuant to this chapter may be utilized for program
administration and evaluation.
Program administration shall include both state staff and field
staff who are familiar with and have successfully implemented
school-based early mental health intervention and prevention
services. Field staff may be contracted with by local school
districts or community mental health programs. Field staff shall
provide support in the timely and effective implementation of
school-based early mental health intervention and prevention
services. Reviews of each project shall be conducted at least once
during the first year of funding.
(o) Subject to the approval of the director, at the end of the
fiscal year, a school district may apply unexpended funds to the
budget for the subsequent funding year.
(p) Contracts for the program and administration, or ancillary
services in support of the program, shall be exempt from the
requirements of the Public Contract Code and the State Administrative
Manual, and from approval by the Department of General Services.
SEC. 47. Section 5870 of the Welfare and Institutions Code is
repealed.
SEC. 48. Section 18986.3 of the Welfare and Institutions Code is
amended to read:
18986.3. For purposes of this chapter, the following definitions
shall apply:
(a) "Children's services" means any services provided by any state
or local agency or private entity for the health, safety, or
well-being of minors.
(b) "Council" means an interagency children's services
coordinating council established pursuant to Section 18986.10.
SEC. 49. Section 18986.20 of the Welfare and Institutions Code is
amended to read:
18986.20. (a) Any county that wishes to participate under this
chapter and that develops a three-year program of coordinated
children's services pursuant to Section 18986.15, may, as a part of
its plan, request a waiver of existing state regulations pertaining
to requirements which hinder coordination of children's services. The
county may also request authorization to enter into a negotiated
contract which enables the repositioning and reallocation of existing
resources to facilitate integrated case management and coordination
among participating agencies.
(b) Requests for waivers or negotiated contracts shall be
submitted in writing, with a detailed description of the county's
plan for coordinated children's services and a detailed description
of the need for the waiver or negotiated contract to the Secretary of
the Health and Welfare Agency, the Superintendent of Public
Instruction, the Attorney General, and the Secretary of the Youth and
Adult Correctional Agency. Requests for negotiated contracts shall
also be submitted to the Department of Finance.
SEC. 50. Section 18986.23 of the Welfare and Institutions Code is
amended to read:
18986.23. Waivers and negotiated contracts shall be granted
pursuant to this chapter by the Secretary of the Health and Welfare
Agency, the Superintendent of Public Instruction, the Attorney
General, or the Secretary of the Youth and Adult Correctional Agency,
in consultation with the Department of Finance as follows:
(a) The Secretary of the Health and Welfare Agency shall grant
waivers or negotiated contracts for programs under his or her
jurisdiction, in consultation with the Superintendent of Public
Instruction, the Attorney General, and the Secretary of the Youth and
Correctional Agency.
(b) The Superintendent of Public Instruction shall grant waivers
or negotiated contracts for programs under his or her jurisdiction,
in consultation with the Attorney General, the Secretary of the
Health and Welfare Agency, and the Secretary of the Youth and Adult
Correctional Agency.
(c) The Attorney General shall grant waivers or negotiate
contracts for programs under his or her jurisdiction in consultation
with the Superintendent of Public Instruction, the Secretary of the
Health and Welfare Agency, and the Secretary of the Youth and Adult
Correctional Agency.
(d) The Secretary of the Youth and Adult Correctional Agency shall
grant waivers or negotiate contracts for programs under his or her
jurisdiction in consultation with the Attorney General, the
Superintendent of Public Instruction, and the Secretary of the Health
and Welfare Agency.
(e) The entity to whom a request for a waiver or negotiated
contract is submitted pursuant to this section shall issue written
notice of the granting of the waiver, any delay in the consideration
of the waiver request, or denial of the requested waiver within 60
days of the receipt of the request. Any county may appeal a negative
decision regarding a requested waiver or negotiated contract.
(f) In addition to
approval required by subdivisions (a) to (d), inclusive, all requests
for negotiated contracts shall be approved by the Department of
Finance.
SEC. 51. Section 18986.24 of the Welfare and Institutions Code is
amended to read:
18986.24. The Secretary of the Health and Welfare Agency, the
Superintendent of Public Instruction, the Attorney General, or the
Secretary of the Youth and Adult Correctional Agency shall notify the
appropriate policy committees and fiscal committees of the
Legislature no later than 30 days before any waiver or negotiated
contract granted pursuant to this article take effect.
