Bill Text: CA SB971 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School finance: categorical programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 923, Statutes of 2014. [SB971 Detail]
Download: California-2013-SB971-Amended.html
Bill Title: School finance: categorical programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 923, Statutes of 2014. [SB971 Detail]
Download: California-2013-SB971-Amended.html
BILL NUMBER: SB 971 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2014
INTRODUCED BY Senator Cannella
FEBRUARY 10, 2014
An act to amend Sections 17193.5, 17199.4,
17592.74, 32282, 35186, 35292.5, 41003.3,
44279.2, 44279.25, 44279.7, 44320, 44328, 47613.1,
47630, 47634.3, 47634.4, 47650, 47651, 48660,
60119, and 60851 of ,
63000, 63001, and 64000 of, to amend the heading of Article
7 (commencing with Section 60117) of Chapter 1 of Part 33 of Division
4 of Title 2 of, to repeal Sections 315.5, 316.5, 317,
1982.3, 1982.5, 1983.5, 17584.3, 17586, 17588, 17592, 32285,
41376, 41378, 45037, 46306, 47613.2, 47630.5,
47633, 47634.1, 48660.2, 48663, and 48664
of , 60117, 60118, 62002, 62002.5, 62003, 62004,
62005, and 62005.5 of, to repeal Article 11 (commencing
with Section 1830) of Chapter 6 of Part 2 of Division 1 of Title 1
of, to repeal Article 3.6 (commencing with Section 32228) of
Chapter 2 of Part 19 of Division 1 of Title 1 of, to repeal Article
10.4 (commencing with Section 35294.10) of Chapter 2 of Part 21 of
Division 3 of Title 2 of, to repeal Article 4 (commencing with
Section 37252) of Chapter 2 of Part 22 of Division 3 of Title 2 of,
to repeal Article 1 (commencing with Section 41500),
Article 2 (commencing with Section 41505), Article 3 (commencing with
Section 41510), Article 4 (commencing with Section 41520), Article 5
(commencing with Section 41530), and Article 7 (commencing with
Section 41570) of Chapter 3.2 of Part 24 of Division 3 of Title 2 of,
to repeal Article 13 (commencing with Section 41920) of Chapter 5 of
Part 24 of Division 3 of Title 2 of, to repeal Article 11
(commencing with Section 44380), Article 12 (commencing with Section
44390), and Article 13 (commencing with Section 44395) of Chapter 2
of Part 25 of Division 3 of Title 2 of, to repeal
Article 4.5 (commencing with Section 44500), Article 5
(commencing with Section 44520), Article 6 (commencing with Section
44560), Article 7 (commencing with Section 44570),
Article 8 (commencing with Section 44580), Article 10 (commencing
with Section 44630), Article 10.5 (commencing with Section
44645), and Article 10.6 (commencing with Section 44650) of
Chapter 3 of Part 25 of Division 3 of Title 2 of, to repeal
Article 3 (commencing with Section 44681) of Chapter 3.1 of Part 25
of Division 3 of Title 2 of, to repeal Article 8.5 (commencing with
Section 45370) of Chapter 5 of Part 25 of Division 3 of Title 2 of,
to repeal Article 15 (commencing with Section 51870) of Chapter 5 of
Part 28 of Division 4 of Title 2 of, to repeal Article 4.5
(commencing with Section 52378), Article 5 (commencing with Section
52381), and Article 8 (commencing with Section 52480)
, and Article 9 (commencing with Section 52485) of
Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal Article 4
(commencing with Section 52750) of Chapter 11 of Part 28 of Division
4 of Title 2 of, to repeal Article 1 (commencing with Section 52800)
of Chapter 12 of Part 28 of Division 4 of Title 2 of, to
repeal Article 7.1 (commencing with Section 54740) of Chapter 9 of
Part 29 of Division 4 of Title 2 of, to repeal Article 3
(commencing with Section 60240) and Article 7 (commencing with
Section 60350) of Chapter 2 of Part 33 of Division 4 of Title 2 of,
to repeal Chapter 5.1 (commencing with Section 8820) of Part
6 of Division 1 of Title 1 of, to repeal Chapter 13
(commencing with Section 11200) and Chapter 17 (commencing with
Section 11600) of Part 7 of Division 1 of Title 1 of, to repeal
Chapter 2.5 (commencing with Section 37300) of Part 22 of Division 3
of Title 2 of, to repeal Chapter 3.3 (commencing with Section 44700),
Chapter 3.33 (commencing with Section 44720), Chapter 3.34
(commencing with Section 44730), Chapter 3.36 (commencing
with Section 44735), and Chapter 3.45 (commencing with
Section 44755) , and Chapter 3.5 (commencing with Section
44760) of Part 25 of Division 3 of Title 2 of, to repeal
Chapter 6.8 (commencing with Section 52080), Chapter 6.9 (commencing
with Section 52100), Chapter 6.10 (commencing with Section 52120),
Chapter 7 (commencing with Section 52130), Chapter
8 (commencing with Section 52200), Chapter 8.3 (commencing
with Section 52240), Chapter 8.5 (commencing with Section
52250), Chapter 8.6 (commencing with Section 52270), and Chapter 12.5
(commencing with Section 52920) of Part 28 of Division 4 of Title 2
of, to repeal Chapter 1 (commencing with Section 54000) and
Chapter 2 (commencing with Section 54100) of Part 29 of
Division 4 of Title 2 of, to repeal Chapter 5 (commencing with
Section 58700) of Part 31 of Division 4 of Title 2 of, and to repeal
Chapter 4 (commencing with Section 60500) of Part 33 of Division 4 of
Title 2 of, the Education Code, relating to school finance.
LEGISLATIVE COUNSEL'S DIGEST
SB 971, as amended, Cannella. School finance: categorical
programs.
Existing law establishes the public school system in this state,
and, among other things, provides for the establishment of county
superintendents of schools, school districts, and charter schools
throughout the state and for their the
provision of instruction at the public elementary and secondary
schools these local educational agencies maintain. Existing law
establishes a public school financing system that requires state
funding for county superintendents of schools, school districts, and
charter schools to be calculated pursuant to a local control funding
formula, as specified.
Existing law establishes various education programs under which
funding is provided for specific educational purposes, which are
commonly known as categorical programs, including, among many others,
programs for community-based English tutoring, teacher training, and
class size reduction. Existing law further authorizes local
educational agencies to expend, for any local educational purpose,
the funds previously required to be spent on specified categorical
education programs.
This bill would repeal many provisions requiring, authorizing, or
prescribing the elements of certain categorical education
programs, and programs. The bill would make
conforming changes, correct cross-references, and make other
nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 315.5 of the Education Code is repealed.
SEC. 2. Section 316.5 of the Education Code is repealed.
SEC. 3. Section 317 of the Education Code is repealed.
SEC. 4. Article 11 (commencing with Section 1830) of Chapter 6 of
Part 2 of Division 1 of Title 1 of the Education Code is repealed.
SEC. 5. Section 1982.3 of the Education Code is repealed.
SEC. 6. Section 1982.5 of the Education Code is repealed.
SEC. 7. Section 1983.5 of the Education Code is repealed.
SEC. 8. Chapter 5.1 (commencing with Section
8820) of Part 6 of Division 1 of Title 1 of the Education Code is
repealed.
SEC. 9. SEC. 8. Chapter 13
(commencing with Section 11200) of Part 7 of Division 1 of Title 1 of
the Education Code is repealed.
SEC. 10. SEC. 9. Chapter 17
(commencing with Section 11600) of Part 7 of Division 1 of Title 1 of
the Education Code is repealed.
SEC. 11. Section 17193.5 of the Education Code
is amended to read:
17193.5. (a) For purposes of this section, "public credit
provider" means any financial institution or combination of financial
institutions, that consists either solely, or has as a member or
participant, a public retirement system. Notwithstanding any other
law, a public credit provider, in connection with providing credit
enhancement for bonds, notes, certificates of participation, or other
evidences of indebtedness of a participating party, may require the
participating party to agree to the following conditions:
(1) If a participating party adopts a resolution by a majority
vote of its board to participate under this section, it shall provide
notice to the Controller of that election. The notice shall include
a schedule for the repayment of principal and interest on the bonds,
notes, certificates of participation, or other evidence of
indebtedness and identify the public credit provider that provided
credit enhancement. The notice shall be provided not later than the
date of issuance of the bonds.
(2) If, for any reason, a public credit provider is required to
make principal or interest payments, or both, pursuant to a credit
enhancement agreement, the public credit provider shall immediately
notify the Controller of that fact and of the amount paid out by the
public credit provider.
(3) Upon receipt of the notice required by paragraph (2), the
Controller shall make an apportionment to the public credit provider
in the amount of the payments made by the public credit provider for
the purpose of reimbursing the public credit provider for its
expenditures made pursuant to the credit enhancement agreement. The
Controller shall make that apportionment only from moneys designated
for apportionments to a participating party, provided that such
moneys are from one or more of the following:
(A) Any funding apportioned for purposes of revenue limits or the
local control funding formula pursuant to Section 42238.02, as
implemented by Section 42238.03, to a school district or county
office of education without regard to the specific funding source of
the apportionment.
(B) Any general apportionments to a community college district
without regard to the specific funding source of the apportionment.
(C) Any funding apportioned for purposes of the charter school
block grant or the local control funding formula pursuant to Section
42238.02, as implemented by Section 42238.03, to a charter school
without regard to the specific funding source of the apportionment.
(b) The amount apportioned for a participating party pursuant to
this section shall be deemed to be an allocation to the participating
party and shall be included in the computation of allocation, limit,
entitlement, or apportionment for the participating party. The
participating party and its creditors do not have a claim to funds
apportioned or anticipated to be apportioned to the trustee by the
Controller pursuant to paragraph (3) of subdivision (a).
SEC. 12. SEC. 10. Section 17199.4 of
the Education Code is amended to read:
17199.4. (a) Notwithstanding any other law, any participating
party, in connection with securing financing or refinancing of
projects, or working capital pursuant to this chapter, may elect to
guarantee or provide for payment of the bonds and related obligations
in accordance with the following conditions:
(1) If a participating party adopts a resolution by a majority
vote of its board to participate under this section, it shall provide
notice to the Controller of that election. The notice shall include
a schedule for the repayment of principal and interest on the bonds,
and any other costs necessary or incidental to financing pursuant to
this chapter, and identify a trustee appointed by the participating
party or the authority for purposes of this section. If payment of
all or a portion of the principal and interest on the bond is secured
by a letter of credit or other instrument of direct payment, the
notice may provide for reimbursements to the provider of the
instrument in lieu of payment of that portion of the principal and
interest of the bonds. The notice shall be provided not later than
the date of issuance of the bonds or 60 days before the next payment,
whichever date is later. The participating party shall update the
notice at least annually if there is a change in the required payment
for any reason, including, but not limited to, providing for new or
increased costs necessary or incidental to the financing.
(2) If, for any reason, the participating party will not make a
payment at the time the payment is required, the participating party
shall notify the trustee of that fact and of the amount of the
deficiency. If the trustee receives this notice from the
participating party, or does not receive any payment by the date that
payment becomes due, the trustee shall immediately communicate that
information to the Controller.
(3) Upon receipt of the notice required by paragraph (2), the
Controller shall make an apportionment to the trustee on the date
shown in the schedule in the amount of the deficiency for the purpose
of making the required payment. The Controller shall make that
apportionment only from moneys designated for apportionment to a
participating party, provided that such moneys are from one or more
of the following:
(A) Any funding apportioned for purposes of revenue limits or the
local control funding formula pursuant to Section 42238.02, as
implemented by Section 42238.03, to a school district or county
office of education without regard to the specific funding source of
the apportionment.
(B) Any funding apportioned for purposes of the charter school
block grant or the local control funding formula pursuant to Section
42238.02, as implemented by Section 42238.03, to a charter school
without regard to the specific funding source of the apportionment.
(4) As an alternative to the procedures set forth in paragraphs
(2) and (3), the participating party may provide a transfer schedule
in its notice to the Controller of its election to participate under
this section. The transfer schedule shall set forth amounts to be
transferred to the trustee and the date for the transfers. The
Controller, subject to the limitation in paragraph (3), shall make
apportionments to the trustee of those amounts on the specified date
for the purpose of making those transfers. The authority may require
a participating party to proceed under this subdivision.
(b) The amount apportioned for a participating party pursuant to
this section shall be deemed to be an allocation to the participating
party and shall be included in the computation of allocation, limit,
entitlement, or apportionment for the participating party.
The participating party and its creditors do not have a claim to
funds apportioned or anticipated to be apportioned to the trustee by
the Controller pursuant to paragraph (3) and (4) of subdivision (a),
or to the funds apportioned to by the Controller to the trustee under
any other provision of this section.
(c) (1) Participating parties that elect to participate under
this section shall apply to the authority. The authority shall
consider each of the following priorities in making funds available:
(A) First priority shall be given to school districts, charter
schools, or county offices of education that apply for funding for
instructional classroom space.
(B) Second priority shall be given to school districts, charter
schools, or county offices of education that apply for funding of
modernization of instructional classroom space.
(C) Third priority shall be given to all other eligible costs, as
defined in Section 17173.
(2) The authority shall prioritize applications at appropriate
intervals.
(3) A school district electing to participate under this section
that has applied for revenue bond moneys for purposes of joint
venture school facilities construction projects, pursuant to Article
5 (commencing with Section 17060) of Chapter 12, shall not be subject
to the priorities set forth in paragraph (1).
(d) This section shall not be construed to make the State of
California liable for any payments within the meaning of Section 1 of
Article XVI of the California Constitution or otherwise, except as
expressly provided in this section.
(e) A school district that has a qualified or negative
certification pursuant to Section 42131, or a county office of
education that has a qualified or negative certification pursuant to
Section 1240, may not participate under this section.
SEC. 13. SEC. 11. Section 17584.3 of
the Education Code is repealed.
SEC. 14. SEC. 12. Section 17586 of
the Education Code is repealed.
SEC. 15. SEC. 13. Section 17588 of
the Education Code is repealed.
SEC. 16. SEC. 14. Section 17592 of
the Education Code is repealed.
SEC. 17. SEC. 15. Section 17592.74
of the Education Code is amended to read:
17592.74. Notwithstanding any other law, the funds provided to
school districts from the School Facilities Emergency Repair Account
pursuant to this article for the purpose of emergency repair grants
shall not be deposited into a school district deferred maintenance
fund for purposes established pursuant to Section 17582.
SEC. 18. Article 3.6 (commencing with Section
32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the
Education Code is repealed.
SEC. 19. SEC. 16. Section 32282 of
the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A school district or county office
of education may work with the Office of Emergency Services and the
Seismic Safety Commission to develop and establish the earthquake
emergency procedure system. The system shall include, but not be
limited to, all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The school
district or county office of education shall cooperate with the
public agency in furnishing and maintaining the services as the
school district or county office of education may deem necessary to
meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(d) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by the public.
(e) As comprehensive school safety plans are reviewed and updated,
the Legislature encourages all plans, to the extent that resources
are available, to include policies and procedures aimed at the
prevention of bullying.
(f) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 32288.
SEC. 20. SEC. 17. Section 32285 of
the Education Code is repealed.
SEC. 21. Section 35186 of the Education Code is
amended to read:
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Division 1 of Title 5 of the California Code of
Regulations, with modifications, as necessary, to help identify and
resolve any deficiencies related to instructional materials,
emergency or urgent facilities conditions that pose a threat to the
health and safety of pupils or staff, and teacher vacancy or
misassignment.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) A complaint shall be filed with the principal of the school or
his or her designee. A complaint about problems beyond the authority
of the school principal shall be forwarded in a timely manner but
not to exceed 10 working days to the appropriate school district
official for resolution.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board of
the school district. As to complaints involving a condition of a
facility that poses an emergency or urgent threat, as defined in
paragraph (1) of subdivision (c) of Section 17592.72, a complainant
who is not satisfied with the resolution proffered by the principal
or the designee of the district superintendent has the right to file
an appeal to the Superintendent, who shall provide a written report
to the state board describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
SEC. 22. SEC. 18. Section 35292.5 of
the Education Code is amended to read:
35292.5. (a) Every public and private school maintaining any
combination of classes from kindergarten to grade 12, inclusive,
shall comply with all of the following:
(1) Every restroom shall at all times be maintained and cleaned
regularly, fully operational and stocked at all times with toilet
paper, soap, and paper towels or functional hand dryers.
(2) The school shall keep all restrooms open during school hours
when pupils are not in classes, and shall keep a sufficient number of
restrooms open during school hours when pupils are in classes.
(b) Notwithstanding subdivision (a), a school may temporarily
close a restroom as necessary for pupil safety or as necessary to
repair the facility.
SEC. 23. Article 10.4 (commencing with Section
35294.10) of Chapter 2 of Part 21 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 24. Article 4 (commencing with Section
37252) of Chapter 2 of Part 22 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 25. SEC. 19. Chapter 2.5
(commencing with Section 37300) of Part 22 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 26. SEC. 20. Section 41003.3 of
the Education Code is amended to read:
41003.3. (a) Consistent with the provisions of Article 4
(commencing with Section 17455) of Chapter 4 of Part 10.5 of Division
1 of Title 1, from July 1, 2008, to June 30, 2010, inclusive, the
Dixon Unified School District may sell surplus real property
previously used as the school farm on Sievers Road, located five
miles outside of the city and which is not feasible for future school
construction, together with any personal property located thereon,
purchased entirely with local funds. The proceeds of the sale shall
be deposited into the
general fund of the school district in order to reestablish a
3-percent reserve. The remainder of the proceeds from the sale of the
property that are not utilized used to
reestablish the 3-percent reserve shall be deposited into the
capital outlay fund of the school district.
(b) In order to expend funds pursuant to subdivision (a), the
school district shall meet all of the following conditions:
(1) The school district shall not be eligible for new construction
funding for 10 years from the date that funds are deposited into the
general fund of the school district pursuant to subdivision (a),
except that the school district may apply for new construction funds
if both of the following conditions are met:
(A) At least five years have elapsed since the date upon which the
sale was executed pursuant to subdivision (a).
(B) The State Allocation Board determines that the school district
has demonstrated enrollment growth or a need for additional sites or
building construction that the school district could not have easily
anticipated at the time the sale was executed pursuant to
subdivision (a).
(2) The governing board of the school district shall complete a
governance training program focusing on fiscal management provided by
the County Office Fiscal Crisis and Management Assistance Team
(FCMAT) .
(3) Any remaining funds from the sale of the property shall be
exhausted for capital outlay purposes before a request for
modernization funding.
(4) Notwithstanding any other provision of law,
the Dixon Unified School District, from July 1, 2008, to June 30,
2010, inclusive, shall not be eligible to receive financial hardship
assistance pursuant to Article 8 (commencing with Section 17075.10)
of Chapter 12.5 of Part 10 of Division 1 of Title 1.
(5) The governing board of the school district shall certify all
of the following to the State Allocation Board:
(A) The school district has no major deferred maintenance
requirements that cannot be completed with existing capital outlay
resources.
(B) The sale of the real property pursuant to this section does
not violate any provisions of a local general obligation bond act.
(C) The real property sold pursuant to this section is not
suitable to meet any projected school construction need for the next
10 years.
(6) Before exercising the authority granted by this section, the
governing board of the school district, at a regularly scheduled
meeting, shall present a plan for expending one-time resources
pursuant to this section. The plan shall identify the source and use
of the funds, and describe how the proposed use of funds, in
combination with budget reductions, will address the school district'
s deficit spending and restore the ongoing fiscal solvency of the
school district.
(7) No later than 10 years after the date of the sale of surplus
property pursuant to subdivision (a), the school district shall
deposit into its capital outlay fund an amount equal to the amount of
the proceeds from the sale of the property that is deposited into
the school district's general fund as needed to establish the
3-percent reserve in accordance with subdivision (a).
(c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
SEC. 27. Section 41376 of the Education Code is
repealed.
SEC. 28. Section 41378 of the Education Code is
repealed.
SEC. 29. SEC. 21. Article 1
(commencing with Section 41500) of Chapter 3.2 of Part 24 of Division
3 of Title 2 of the Education Code is repealed.
SEC. 30. SEC. 22. Article 2
(commencing with Section 41505) of Chapter 3.2 of Part 24 of Division
3 of Title 2 of the Education Code is repealed.
SEC. 31. SEC. 23. Article 3
(commencing with Section 41510) of Chapter 3.2 of Part 24 of Division
3 of Title 2 of the Education Code is repealed.
SEC. 32. SEC. 24. Article 4
(commencing with Section 41520) of Chapter 3.2 of Part 24 of Division
3 of Title 2 of the Education Code is repealed.
SEC. 33. SEC. 25. Article 5
(commencing with Section 41530) of Chapter 3.2 of Part 24 of Division
3 of Title 2 of the Education Code is repealed.
SEC. 34. SEC. 26. Article 7
(commencing with Section 41570) of Chapter 3.2 of Part 24 of Division
3 of Title 2 of the Education Code is repealed.
SEC. 35. SEC. 27. Article 13
(commencing with Section 41920) of Chapter 5 of Part 24 of Division 3
of Title 2 of the Education Code is repealed.
SEC. 36. Section 44279.2 of the Education Code
is amended to read:
44279.2. (a) The Superintendent and the commission shall jointly
administer the California Beginning Teacher Support and Assessment
System pursuant to this chapter. In administering this section, the
Superintendent and the commission shall provide or contract for the
provision of all of the following:
(1) Establishing requirements for reviewing and approving teacher
induction programs.
(2) Developing and administering a system for ensuring teacher
induction program quality and effectiveness. For purposes of this
section, "program effectiveness" means producing excellent program
outcomes in relation to the purposes defined in subdivision (b) of
Section 44279.1. For purposes of this section, "program quality"
means excellence with respect to program factors, including, but not
limited to, all of the following:
(A) Program goals.
(B) Design resources.
(C) Management, evaluation, and improvement of the program.
(D) School context and working conditions.
(E) Support and assessment services to each beginning teacher.
(3) Developing purposes and functions for reviewing and approving
supplemental grants and standards for program clusters and program
consultants, as defined pursuant to Section 44279.7.
(4) Improving and refining the formative assessment system.
(5) Improving and refining professional development materials and
strategies for all personnel involved in implementing induction
programs.
(6) Conducting and tracking research related to beginning teacher
induction.
(7) Periodically evaluating the validity of the California
Standards for the Teaching Profession adopted by the commission and
the Standards of Quality and Effectiveness for Beginning Teacher
Support and Assessment Program adopted by the commission and making
changes to those documents, as necessary.
(b) As part of the California Beginning Teacher Support and
Assessment System, the commission and the Superintendent shall
establish requirements for local teacher induction programs.
(c) A school district or consortium of school districts may
establish a local teacher induction program pursuant to this section
that shall, at a minimum, meet all of the following requirements:
(1) Develop, implement, and evaluate teacher induction programs
that meet the Quality and Effectiveness for Beginning Teacher
Induction Program Standards adopted by the commission.
(2) Support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission.
(3) Meet criteria for the cost-effective delivery of program
services.
SEC. 37. Section 44279.25 of the Education Code
is amended to read:
44279.25. (a) In consultation with the Superintendent, the
commission shall revise the formative assessment system for beginning
teachers, as necessary to ensure that related tasks and activities
are aligned to the revised standards adopted pursuant to subdivision
(c).
(b) The Superintendent and the commission shall identify effective
practices and techniques and provide for the dissemination of these
to local induction program providers.
(c) Immediately following the adoption by the commission of
revised standards, the commission shall review induction programs to
determine whether local teacher induction programs are meeting
standards of quality and effectiveness and to assure greater program
quality and consistency. The commission shall schedule regular
reviews following the initial review of programs pursuant to this
subdivision.
(d) The Superintendent and the commission shall ensure that
teacher credential candidates are notified of the opportunity to
choose an early completion option pursuant to Section 44468.
SEC. 38. Section 44279.7 of the Education Code
is amended to read:
44279.7. (a) The Superintendent and the commission shall
designate each school district and consortium of school districts
participating in the Beginning Teacher Support and Assessment System
established pursuant to Section 44279.2 as belonging to a cluster
according to the criteria established pursuant to this subdivision.
For purposes of this section "cluster" means a cluster of school
districts or consortium of school districts established pursuant this
section. The Superintendent and the commission shall establish
criteria for the formation of school districts or consortiums of
school district teacher induction program clusters based upon, but
not necessarily be limited to, all of the following:
(1) Geographic proximity.
(2) Program size.
(3) The number of beginning teachers served.
(4) The similarity of teacher characteristics and pupil
populations in each school district.
(b) School districts and consortiums of school districts may
identify a teacher induction program consultant to assist the school
district or consortiums of school districts forming a cluster. The
Superintendent and the commission shall identify the purpose and
functions of each consultant. Those purposes and functions shall
include, but not necessarily be limited to, all the following:
(1) Assisting in designing, implementing, refining, and evaluating
their teacher induction programs.
(2) Assisting in building the capacity to provide professional
development for all personnel involved in the implementation of
teacher induction programs, including, but not limited to, beginning
teachers, support providers, and administrators.
(3) Disseminating information on teacher induction programs to all
interested participants within the cluster and collaborating with
other consultants statewide and with state administrative agency
staff to ensure ongoing program improvement.
SEC. 39. Section 44320 of the Education Code is
amended to read:
44320. (a) Professional preparation, including student teaching,
shall be made available in the upper division course offerings at all
California public institutions of higher learning, except the
California Maritime Academy and the Hastings College of the Law. No
more than nine semester units, or the equivalent, of professional
education courses may be designated as prerequisites for purposes of
admission to student teaching, except that, to satisfy the English
language requirement as set forth in paragraph (3) of subdivision (b)
of Section 44259, candidates may be required to take 12 semester
units, or the equivalent, as professional education prerequisites to
student teaching.
(b) The commission shall encourage postsecondary educational
institutions that offer programs of professional preparation to
collaborate with school districts, county offices of education, and
professional organizations in the design and delivery of local
programs to function as part of the California beginning teacher
support and assessment program pursuant to Section 44279.2. If local
educational agencies and institutions of higher education voluntarily
agree to implement the program, the following provisions shall apply
to each collaborative effort:
(1) Postsecondary educational institutions and local educational
agencies shall coordinate and articulate the program of professional
preparation and the beginning teacher support and assessment program,
so the two programs provide continuity in the preparation, support,
and assessment of beginning teachers.
(2) At the discretion of a postsecondary educational institution
that participates in a collaborative effort, the program of
professional preparation may be submitted to the commission for
approval as a program of preparation, support, and assessment that is
at least two years long.
(3) In each program of preparation, support, and assessment, the
postsecondary educational institution shall make it possible for each
candidate to complete all requirements for a valid teaching
credential in the equivalent of one year of full-time study.
(4) A postsecondary educational institution that participates in a
collaborative effort may, at its discretion, determine that
successful completion of the support and assessment components of an
articulated program of professional preparation, support, and
assessment fulfills some or all of the requirements of subdivision
(c) of Section 44259, and may accordingly recommend applicants for
the professional teaching credential. The standards and criteria for
making these determinations and recommendations shall be included in
the institution's proposal for a program.
(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary educational institution in the
design and delivery of an articulated program of professional
preparation, support, and assessment that meets the standards and
criteria pursuant to subdivision (c) of Section 44279.2 may contract
with the postsecondary educational institution to pay the institution'
s costs of designing and delivering the support and assessment
components of the program.
(c) Local educational agencies that are approved by the commission
to provide programs of personalized preparation to candidates for
designated subjects teaching credentials are encouraged to
participate in the design and delivery of local programs under the
California beginning teacher support and assessment program pursuant
to Article 4.5 (commencing with Section 44279.2), in a manner
consistent with subdivision (b).
(d) Before admission to either student teaching under any
professional preparation program approved by the commission, or
participation in a field experience program as described in Section
44324, a candidate for a credential shall obtain a certificate of
clearance from the commission that shall be issued when the
commission has verified the candidate's personal identification and
health status. The fee for the certificate of clearance shall not
exceed one-half of the regular fee for a credential and shall be
deducted from the fee for the initial credential applied for by the
certificate holder.
SEC. 40. Section 44328 of the Education Code is
amended to read:
44328. (a) Unless the commission determines that substantial
evidence exists that a person is unqualified to teach, upon the
completion of successful service as a district intern pursuant to
subdivision (b) of Section 44325, and upon the recommendation of the
governing board of the school district, the commission shall award
preliminary credentials to district interns in the same manner as
applicants recommended for credentials by institutions that operate
approved programs of professional preparation.
(b) Notwithstanding paragraphs (1) and (2) of subdivision (a) of
Section 44225, paragraphs (3), (4), (5), and (6) of subdivision (b)
of Section 44259, paragraphs (1), (2), (3), and (4) of subdivision
(c) of Section 44259, and Sections 44261, 44265, and 44335, upon
recommendation by the governing board of the school district,
district interns shall be issued preliminary credentials, upon the
completion of successful service as a teacher pursuant to subdivision
(b) of Section 44325, unless the governing board of the school
district recommends, and the commission finds substantial evidence,
that the person is not qualified to teach. A school district may
require a district intern who is pursuing a clear credential to
complete an approved induction program if funds are available or
approved coursework in accordance with paragraph (5) of subdivision
(c) of Section 44259.
(c) Notwithstanding Section 44261, the preliminary credential
awarded to any district intern holding a district intern credential
to teach bilingual education classes shall be a basic teaching
credential with a bilingual-crosscultural language and academic
development emphasis. Notwithstanding Section 44265, the preliminary
credential awarded to any district intern who holds a district intern
credential to teach special education pupils shall be a special
education specialist instruction credential that authorizes the
holder to teach special education pupils.
(d) It is the intent of the Legislature that institutions of
higher education that operate approved programs of professional
preparation work cooperatively with school districts that offer
district intern programs for a special education specialist
credential to apply the regular education coursework and fieldwork
from the special education district intern program toward earning a
multiple or single subject teaching credential through the
institution.
SEC. 41. Article 11 (commencing with Section
44380) of Chapter 2 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 42. Article 12 (commencing with Section
44390) of Chapter 2 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 43. Article 13 (commencing with Section
44395) of Chapter 2 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 44. Article 4.5 (commencing with Section
44500) of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 45. SEC. 28. Article 5
(commencing with Section 44520) of Chapter 3 of Part 25 of Division 3
of Title 2 of the Education Code is repealed.
SEC. 46. SEC. 29. Article 6
(commencing with Section 44560) of Chapter 3 of Part 25 of Division 3
of Title 2 of the Education Code is repealed.
SEC. 47. Article 7 (commencing with Section
44570) of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 48. SEC. 30. Article 8
(commencing with Section 44580) of Chapter 3 of Part 25 of Division 3
of Title 2 of the Education Code is repealed.
SEC. 49. SEC. 31. Article 10
(commencing with Section 44630) of Chapter 3 of Part 25 of Division 3
of Title 2 of the Education Code is repealed.
SEC. 50. Article 10.5 (commencing with Section
44645) of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 51. SEC. 32. Article 10.6
(commencing with Section 44650) of Chapter 3 of Part 25 of Division 3
of Title 2 of the Education Code is repealed.
SEC. 52. Article 3 (commencing with Section
44681) of Chapter 3.1 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 53. SEC. 33. Chapter 3.3
(commencing with Section 44700) of Part 25 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 54. SEC. 34. Chapter 3.33
(commencing with Section 44720) of Part 25 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 55. Chapter 3.34 (commencing with Section
44730) of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 56. SEC. 35. Chapter 3.36
(commencing with Section 44735) of Part 25 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 57. SEC. 36. Chapter 3.45
(commencing with Section 44755) of Part 25 of Division 3 of Title 2
of the Education Code is repealed.
SEC. 58. Chapter 3.5 (commencing with Section
44760) of Part 25 of Division 3 of Title 2 of the Education Code is
repealed.
SEC. 59. Section 45037 of the Education Code is
repealed.
SEC. 60. Article 8.5 (commencing with Section
45370) of Chapter 5 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 61. SEC. 37. Section 46306 of
the Education Code is repealed.
SEC. 62. SEC. 38. Section 47613.1 of
the Education Code is amended to read:
47613.1. The Superintendent shall make both of the following
apportionments on behalf of a charter school in a school district in
which all schools have been converted to charter schools pursuant to
Section 47606:
(a) For each pupil enrolled in the charter school who is entitled
to special education services, the state and federal funds for
special education services for that pupil that would have been
apportioned for that pupil to the school district to which the
charter petition was submitted.
(b) Funds for the programs described in Sections 63000 and 64000,
to the extent that any pupil enrolled in the charter school is
eligible to participate.
SEC. 63. SEC. 39. Section 47613.2 of
the Education Code is repealed.
SEC. 64. Section 47630 of the Education Code is
amended to read:
47630. It is the intent of the Legislature that each charter
school be provided with operational funding that is equal to the
total funding that would be available to a similar school district
serving a similar pupil population, except that a charter school may
not be funded as a necessary small school or a necessary small high
school.
SEC. 65. Section 47630.5 of the Education Code
is repealed.
SEC. 66. Section 47633 of the Education Code is
repealed.
SEC. 67. SEC. 40. Section 47634.1 of
the Education Code, as added by Section 24 of Chapter 2 of the
Fourth Extraordinary Session of the Statutes of 2009, is repealed.
SEC. 68. Section 47634.3 of the Education Code
is amended to read:
47634.3. For purposes of Sections 42238.02 and 42238.03, the
Superintendent shall compute average daily attendance in each of
grades 1 through 12, respectively, as follows:
(a) Distribute statewide total ungraded enrollment and average
daily attendance among kindergarten and each of grades 1 through 12,
inclusive, in proportion to the amounts of graded enrollment and
average daily attendance, respectively, in each of these grades.
(b) Multiply enrollment in each of grades 1 through 12,
respectively, by the ratio of average daily attendance to enrollment
in the applicable grade range: 1 through 3, inclusive, 4 through 6,
inclusive; 7 and 8; and 9 through 12, inclusive.
SEC. 69. Section 47634.4 of the Education Code
is amended to read:
47634.4. (a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.
(b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may, in cooperation with its
chartering authority, apply for federal and state categorical
programs not specified in this section, but only to the extent it is
eligible for funding and meets the provisions of the program.
(c) Notwithstanding any other law, for the 2006-07 fiscal year and
each fiscal year thereafter, a charter school may not apply directly
for categorical programs for which services are exclusively or
almost exclusively provided by a county office of education.
(d) Consistent with subdivision (c), a charter school may not
receive direct funding for any of the following county-administered
categorical programs:
(1) American Indian Education Centers.
(2) County Office Fiscal Crisis and Management Assistance Team.
(3) The K-12 High Speed Network.
(e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).
(f) Notwithstanding any other law, for the 2006-07 fiscal year and
each fiscal year thereafter, in addition to the programs listed in
subdivision (d), a charter school may not apply for any of the
following categorical programs:
(1) Agricultural Career Technical Education Incentive Program, as
set forth in Article 7.5 (commencing with Section 52460) of Chapter
9 of Part 28.
(2) Foster youth programs pursuant to Chapter 11.3 (commencing
with Section 42920) of Part 24.
(3) Home-to-school transportation programs, as set forth in
Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5
and Article 10 (commencing with Section 41850) of Chapter 5 of Part
24.
(4) Targeted Instructional Improvement Block Grant, as set forth
in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part
24.
SEC. 70. SEC. 41. Section 47650 of
the Education Code is amended to read:
47650. A charter school shall be deemed to be a school district
for purposes of determining the manner in which warrants are drawn on
the State School Fund pursuant to Section 14041. For purposes of
Section 14041, a charter school's "total amount certified" means the
state aid portion of the charter school's total local control funding
formula allocation pursuant to Section 42238.02, as implemented by
Section 42238.03.
SEC. 71. SEC. 42. Section 47651 of
the Education Code is amended to read:
47651. (a) A charter school may receive the state aid portion of
the charter school's total local control funding formula allocation
pursuant to Section 42238.02, as implemented by Section 42238.03,
directly or through the local educational agency that either grants
its charter or was designated by the state board.
(1) In the case of a charter school that elects to receive its
funding directly, the warrant shall be drawn in favor of the county
superintendent of schools of the county in which the local
educational agency that approved the charter or was designated by the
state board as the oversight agency pursuant to paragraph (1) of
subdivision (k) of Section 47605 is located, for deposit to the
appropriate funds or accounts of the charter school in the county
treasury. The county superintendent of schools is authorized to
establish appropriate funds or accounts in the county treasury for
each charter school.
(2) In the case of a charter school that does not elect to receive
its funding directly pursuant to Section 47651
this section , the warrant shall be drawn in favor of the
county superintendent of schools of the county in which the local
educational agency that granted the charter is located or was
designated the oversight agency by the state board pursuant to
paragraph (1) of subdivision (k) of Section 47605, for deposit to the
appropriate funds or accounts of the local educational agency.
(3) In the case of a charter school, the charter of which was
granted by the state board, but for which the state board has not
delegated oversight responsibilities pursuant to paragraph (1) of
subdivision (k) of Section 47605, the warrant shall be drawn in favor
of the county superintendent of schools in the county where the
local educational agency is located that initially denied the charter
that was later approved by the state board. The county
superintendent of schools is authorized to establish appropriate
funds or accounts in the county treasury for each charter school.
(b) On or before June 1 of each year, a charter school electing to
receive its funding directly shall so notify the county
superintendent of schools of the county in which the local
educational agency that granted the charter is located or, in the
case of charters for which the state board has designated an
oversight agency pursuant to paragraph (1) of subdivision (k) of
Section 47605, the county superintendent of schools of the county in
which the designated oversight agency is located. An election to
receive funding directly shall apply to all funding that the charter
school is eligible to receive including, but not limited to, the
local control funding formula allocation pursuant to Section
42238.02, as implemented by Section 42238.03, other state and federal
categorical aid, and lottery funds.
SEC. 72. SEC. 43. Section 48660 of
the Education Code is amended to read:
48660. The governing board of a school district may establish one
or more community day schools for pupils who meet one or more of the
conditions described in subdivision (b) of Section 48662. A
community day school may serve pupils in any of kindergarten and
grades 1 to 6, inclusive, or any of grades 7 to 12, inclusive, or the
same or lesser included range of grades as may be found in an
individual middle or junior high school operated by the school
district. If a school district is organized as a school district that
serves kindergarten and grades 1 to 8, inclusive, but no higher
grades, the governing board of the school district may establish a
community day school for any kindergarten and grades 1 to 8,
inclusive, upon a two-thirds vote of the governing board of the
school district. It is the intent of the Legislature, that to the
extent possible, the governing board of a school district operating a
community day school for any of kindergarten and grades 1 to 8,
inclusive, separate younger pupils from older pupils within that
community day school.
SEC. 73. SEC. 44. Section 48660.2 of
the Education Code is repealed.
SEC. 74. SEC. 45. Section 48663 of
the Education Code is repealed.
SEC. 75. SEC. 46. Section 48664 of
the Education Code is repealed.
SEC. 76. Article 15 (commencing with Section
51870) of Chapter 5 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 77. SEC. 47. Chapter 6.8
(commencing with Section 52080) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 78. SEC. 48. Chapter 6.9
(commencing with Section 52100) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 79. SEC. 49. Chapter 6.10
(commencing with Section 52120) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 80. Chapter 7 (commencing with Section
52130) of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 81. SEC. 50. Chapter 8
(commencing with Section 52200) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 82. Chapter 8.3 (commencing with Section
52240) of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 83. SEC. 51. Chapter 8.5
(commencing with Section 52250) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 84. SEC. 52. Chapter 8.6
(commencing with Section 52270) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 85. SEC. 53. Article 4.5
(commencing with Section 52378) of Chapter 9 of Part 28 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 86. SEC. 54. Article 5
(commencing with Section 52381) of Chapter 9 of Part 28 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 87. SEC. 55. Article 8
(commencing with Section 52480) of Chapter 9 of Part 28 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 88. Article 9 (commencing with Section
52485) of Chapter 9 of Part 28 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 89. SEC. 56. Article 4
(commencing with Section 52750) of Chapter 11 of Part 28 of Division
4 of Title 2 of the Education Code is repealed.
SEC. 90. SEC. 57. Article 1
(commencing with Section 52800) of Chapter 12 of Part 28 of Division
4 of Title 2 of the Education Code is repealed.
SEC. 91. SEC. 58. Chapter 12.5
(commencing with Section 52920) of Part 28 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 92. Chapter 1 (commencing with Section
54000) of Part 29 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 93. SEC. 59. Chapter 2
(commencing with Section 54100) of Part 29 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 94. Article 7.1 (commencing with Section
54740) of Chapter 9 of Part 29 of Division 4 of Title 2 of the
Education Code is repealed.
SEC. 95. SEC. 60. Chapter 5
(commencing with Section 58700) of Part 31 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 96. The heading of Article 7 (commencing
with Section 60117) of Chapter 1 of Part 33 of Division 4 of Title 2
of the Education Code is amended to read:
Article 7. Sufficiency of Instructional Materials
SEC. 97. Section 60117 of the Education Code is
repealed.
SEC. 98. Section 60118 of the Education Code is
repealed.
SEC. 99. Section 60119 of the Education Code is
amended to read:
60119. (a) The governing board of a school district shall take
the following actions:
(1) (A) The governing board of a school district shall hold a
public hearing or hearings at which the governing board of the school
district shall encourage participation by parents, teachers, members
of the community interested in the affairs of the school district,
and bargaining unit leaders, and shall make a determination, through
a resolution, as to whether each pupil in each school in the school
district has sufficient textbooks or instructional materials, or
both, that are aligned to the content standards adopted pursuant to
Section 60605 or 60605.8 in each of the following subjects, as
appropriate, that are consistent with the content and cycles of the
curriculum framework adopted by the state board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English language arts, including the English language
development component of an adopted program.
(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
(C) As part of the hearing required pursuant to this section, the
governing board of a school district also shall make a written
determination as to whether each pupil enrolled in a foreign language
or health course has sufficient textbooks or instructional materials
that are consistent with the content and cycles of the curriculum
frameworks adopted by the state board for those subjects. The
governing board of a school district also shall determine the
availability of laboratory science equipment as applicable to science
laboratory courses offered in grades 9 to 12, inclusive. The
provision of the textbooks, instructional materials, or science
equipment specified in this subparagraph is not a condition of
receipt of funds provided by this subdivision.
(2) (A) If the governing board of a school district determines
that there are insufficient textbooks or instructional materials, or
both, the governing board of the school district shall provide
information to classroom teachers and to the public setting forth, in
the resolution, for each school in which an insufficiency exists,
the percentage of pupils who lack sufficient standards-aligned
textbooks or instructional materials in each subject area and the
reasons that each pupil does not have sufficient textbooks or
instructional materials, or both, and take any action, except an
action that would require reimbursement by the Commission on State
Mandates, to ensure that each pupil has sufficient textbooks or
instructional materials, or both, within two months of the beginning
of the school year in which the determination is made.
(B) In carrying out subparagraph (A), the governing board of a
school district may use moneys in any of the following funds:
(i) Any funds available for textbooks or instructional materials,
or both, including any funds received pursuant to Section 8880.5 of
the Government Code.
(ii) Any other funds available to the school district for
textbooks or instructional materials, or both.
(b) The governing board of a school district shall provide 10 days'
notice of the public hearing or hearings set forth in subdivision
(a). The notice shall contain the time, place, and purpose of the
hearing and shall be posted in three public places in the school
district. The hearing shall be held at a time that will encourage the
attendance of teachers and parents and guardians of pupils who
attend the schools in the school district and shall not take place
during or immediately following school hours.
(c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home. This paragraph
does not require two sets of textbooks or instructional materials for
each pupil. The materials may be in a digital format as long as each
pupil, at a minimum, has and can access the same materials in the
class and to take home, as all other pupils in the same class or
course in the school district and has the ability to use and access
them at home.
(2) Sufficient textbooks or instructional materials as defined in
paragraph (1) do not include photocopied sheets from only a portion
of a textbook or instructional materials copied to address a
shortage.
(d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.
(e) For the purpose of transitioning to instructional materials
that are aligned with the common core academic content standards, it
is the intent of the Legislature that textbooks, instructional
materials, and supplemental instructional materials be deemed to be
aligned with the content standards pursuant to subdivisions (a) and
(c), and be deemed consistent with the content and cycles of the
curriculum framework adopted by the state board pursuant to
subdivision (a) if the textbooks, instructional materials,
supplemental instructional materials, or a combination of any such
materials are aligned to the content standards adopted pursuant to
Section 60605 or 60605.8.
SEC. 100. SEC. 61. Article 3
(commencing with Section 60240) of Chapter 2 of Part 33 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 101. SEC. 62. Article 7
(commencing with Section 60350) of Chapter 2 of Part 33 of Division 4
of Title 2 of the Education Code is repealed.
SEC. 102. SEC. 63. Chapter 4
(commencing with Section 60500) of Part 33 of Division 4 of Title 2
of the Education Code is repealed.
SEC. 103. SEC. 64. Section 60851 of
the Education Code is amended to read:
60851. (a) Commencing with the 2003-04 school year and each
school year thereafter, each pupil completing grade 12 shall
successfully pass the high school exit examination as a condition of
receiving a diploma of graduation or a condition of graduation from
high school. Funding for the administration of the high school exit
examination shall be provided for in the annual Budget Act. The
Superintendent shall apportion funds appropriated for this purpose to
enable school districts to meet the requirements of this subdivision
and subdivisions (b), (c), and (d). The state board shall establish
the amount of funding to be apportioned per test administered, based
on a review of the cost per test.
(b) Each pupil shall take the high school exit examination in
grade 10 beginning in the 2001-02 school year and may take the
examination during each subsequent administration, until each section
of the examination has been passed.
(c) (1) At the parent or guardian's request, a school principal
shall submit a request for a waiver of the requirement to
successfully pass the high school exit examination to the governing
board of the school district for a pupil with a disability who has
taken the high school exit examination with modifications that alter
what the test measures and has received the equivalent of a passing
score on one or both subject matter parts of the high school exit
examination. A governing board of a school district may waive the
requirement to successfully pass one or both subject matter parts of
the high school exit examination for a pupil with a disability if the
principal certifies to the governing board of the school district
that the pupil has all of the following:
(A) An individualized education program adopted pursuant to the
federal Individuals with Disabilities Education Act (20 U.S.C. Sec.
1400 et seq.) or a plan adopted pursuant to Section 504 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) in place
that requires the accommodations or modifications to be provided to
the pupil when taking the high school exit examination.
(B) Sufficient high school level coursework either satisfactorily
completed or in progress in a high school level curriculum
sufficient to have attained the skills and knowledge otherwise needed
to pass the high school exit examination.
(C) An individual score report for the pupil showing that the
pupil has received the equivalent of a passing score on the high
school exit examination while using a modification that fundamentally
alters what the high school exit examination measures as determined
by the state board.
(2) A school district shall report to the state board, in a manner
and by a date determined by the Superintendent, the number and
characteristics of waivers reviewed, granted, and denied under this
subdivision and any additional information determined to be in
furtherance of this subdivision.
(d) The high school exit examination shall be offered in each
public school and state special school that provides instruction in
grades 10, 11, or 12, on the dates designated by the Superintendent.
An exit examination may not be administered on any date other than
those designated by the Superintendent as examination days or makeup
days.
(e) The results of the high school exit examination shall be
provided to each pupil taking the examination within eight weeks of
the examination administration and in time for the pupil to take any
section of the examination not passed at the next administration. A
pupil shall take again only those parts of the examination he or she
has not previously passed and may not retake any portion of the exit
examination that he or she has previously passed.
(f) Supplemental instruction shall be provided to any pupil who
does not demonstrate sufficient progress toward passing the high
school exit examination. To the extent that school districts have
aligned their curriculum with the state academic content standards
adopted by the state board, the curriculum for supplemental
instruction shall reflect those standards and shall be designed to
assist the pupils to succeed on the high school exit examination.
This chapter does not require the provision of supplemental services
using resources that are not regularly available to a school or
school district, including summer school instruction. In no event
shall any action taken as a result of this subdivision cause or
require reimbursement by the Commission on State Mandates. Sufficient
progress shall be determined on the basis of either of the
following:
(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 and the
minimum levels of proficiency recommended by the state board pursuant
to Section 60648.
(2) The grades of the pupil and other indicators of academic
achievement designated by the school district.
SEC. 104. Section 62002 of the Education Code
is repealed.
SEC. 105. Section 62002.5 of the Education Code
is repealed.
SEC. 106. Section 62003 of the Education Code
is repealed.
SEC. 107. Section 62004 of the Education Code
is repealed.
SEC. 108. Section 62005 of the Education Code
is repealed.
SEC. 109. Section 62005.5 of the Education Code
is repealed.
SEC. 110. Section 63000 of the Education Code
is amended to read:
63000. The provisions of this chapter shall apply to funds
received for child care and development programs pursuant to Chapter
2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1.
SEC. 111. Section 63001 of the Education Code
is amended to read:
63001. A school district that, in a fiscal year, receives an
apportionment for a program specified in Section 63000 shall use no
less than 85 percent of that apportionment at schoolsites for direct
services to pupils.
SEC. 112. Section 64000 of the Education Code
is amended to read:
64000. (a) The provisions of this part shall apply to
applications for funds under the following categorical programs:
(1) Programs providing assistance to disadvantaged pupils under
Section 6312 of Title 20 of the United States Code, and programs
providing assistance for neglected or delinquent pupils who are at
risk of dropping out of school, as funded by Section 6421 of Title 20
of the United States Code.
(2) Professional development programs established pursuant to
Section 6601 of Title 20 of the United States Code.
(3) Programs for tobacco use prevention funded by Section 7115 of
Title 20 of the United States Code.
(4) Safe and Drug Free Schools and Communities programs
established pursuant to Section 7113 of Title 20 of the United States
Code.
(b) A school district that elects to apply for any of these
federal funds may submit to the department for approval, by the state
board, a single consolidated application for approval or continuance
of those federal categorical programs subject to this part.
