Bill Text: CA SB98 | 2019-2020 | Regular Session | Amended
Bill Title: Education finance: education omnibus budget trailer bill.
Spectrum: Committee Bill
Status: (Passed) 2020-06-29 - Chaptered by Secretary of State. Chapter 24, Statutes of 2020. [SB98 Detail]
Download: California-2019-SB98-Amended.html
Amended
IN
Assembly
June 22, 2020 |
Introduced by Committee on Budget and Fiscal Review |
January 10, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 313.3 of the Education Code is amended to read:313.3.
(a) On or beforeSEC. 2.
Section 2572 of the Education Code is amended to read:2572.
The product computed pursuant to subdivision (c) of Section 2571 is the amount of property tax revenues to be allocated to special education programs. This amount shall be subtracted pursuant toSEC. 3.
Section 8209 of the Education Code is amended to read:8209.
(a) If a state of emergency is declared by the Governor, the SuperintendentSEC. 4.
Section 8227.7 of the Education Code is amended to read:8227.7.
(a) Commencing July 1, 2020, alternative payment programs shall provide notice to a childcare provider of a change in reimbursement amounts for childcare services, a change in the hours of care, rates, or schedules, an increase or decrease in parent fees, or a termination ofSEC. 5.
Section 8227.8 is added to the Education Code, to read:8227.8.
An alternative payment agency, including, but not limited to, an alternative payment agency for migrant childcare and development programs pursuant to Article 6 (commencing with Section 8230), shall provide to the department, on a monthly basis, data about childcare caseload in the alternative payment program pursuant to Article 3 (commencing with Section 8220) and migrant childcare and development programs pursuant to Article 6 (commencing with Section 8230). This data shall include county-by-county caseload, expenditures, unit costs, family fees, and other key variables requested by the department to determine any additional state allocations to these programs and for purposes of emergency response.SEC. 6.
Section 8280 of the Education Code is amended to read:8280.
(a) The Superintendent shall administer the Early Learning and Care Infrastructure Grant Program to expand access to early learning and care opportunities for children up to five years of age by providing resources to build new facilities or retrofit, renovate, or expand existing facilities pursuant to this section.(A)For the 2019–20 fiscal year, one hundred sixty-one million dollars ($161,000,000).
(B)For the 2020–21 fiscal year, twenty million dollars ($20,000,000).
(C)For the 2021–22 fiscal year, thirty-two million dollars ($32,000,000).
(D)For the 2022–23 fiscal year, thirty-two million dollars ($32,000,000).
SEC. 7.
Section 8280.1 of the Education Code is amended to read:8280.1.
(a) The Superintendent shall administer the Early Learning and Care Workforce Development Grants Program to expand the number of qualified early learning and care professionals and increase the educational credentials of existing early learning and care professionals across the state, pursuant to this section.(A)For the 2019–20 fiscal year, eighty-four million dollars ($84,000,000).
(B)For the 2020–21 fiscal year, twenty-two million dollars ($22,000,000).
(C)For the 2021–22 fiscal year, twenty-two million dollars ($22,000,000).
(D)For the 2022–23 fiscal year, twenty-two million dollars ($22,000,000).
SEC. 8.
Section 14002 of the Education Code is amended to read:14002.
(a) (1) Notwithstanding any other law, upon certification of the Superintendent pursuant to Sections 41330, 41332, and 41335, any amount necessary to meet the requirements of programs specified in subdivision (b) during each fiscal year are hereby continuously appropriated from the General Fund to Section A of the State School Fund for allocation by the Controller.(iii)Subdivision (f) of Section 56836.08.
SEC. 9.
Section 14041 of the Education Code is amended to read:14041.
(a) The Controller shall draw warrants on the State Treasury in favor of the county treasurer of each county in each month of each year in the amounts and manner prescribed in this section so as to provide in each warrant a portion of the total amount certified by the Superintendent as apportioned for programs identified in paragraph (1) during the fiscal year from the State School Fund to the school districts and charter schools under the jurisdiction of the county superintendent of schools of that county, to the county school service fund of that county, and to the county school tuition fund of that county.SEC. 10.
Section 14041.5 of the Education Code is amended to read:14041.5.
(a) Notwithstanding subdivision (a) of Section 14041, for the 2002–03 fiscal year to the 2013–14 fiscal year, inclusive, and commencing with the 2019–20 fiscal year, warrants for the principal apportionments for the month of June instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41335.SEC. 11.
Section 14041.6 of the Education Code is amended to read:14041.6.
(a) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2008–09 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339.(i)
(j)
(k)
(l)
SEC. 12.
Section 14041.8 is added to the Education Code, to read:14041.8.
(a) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of February, that are instead to be drawn in November, pursuant to Section 14041.6, may be drawn in February, subject to the approval of the Director of Finance, for a charter school or school district as follows:SEC. 13.
Section 17375 of the Education Code is amended to read:17375.
(a) (1) The Full-Day Kindergarten Facilities Grant Program is hereby established, under the administration of the State Allocation Board pursuant to the requirements of this section, to provide one-time grants to school districts to construct new school facilities or retrofit existing school facilities for the purpose of providing full-day kindergarten classrooms pursuant to Section 8973.(4)(A)For the 2019–20 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the State Allocation Board to provide one-time grants as specified in this section. These moneys shall be available for encumbrance or expenditure by the State Allocation Board until June 30, 2022.
SEC. 14.
Section 17463.7 is added to the Education Code, to read:17463.7.
(a) Notwithstanding any other law, a school district may deposit the proceeds from the sale or lease of surplus real property, together with any personal property located on the property, purchased entirely with local funds, into the general fund of the school district and may use the proceeds for any one-time general fund purpose. If the purchase of the property was made using the proceeds of a local general obligation bond or revenue derived from developer fees, the amount of the proceeds of the transaction that may be deposited into the general fund of the school district may not exceed the percentage computed by the difference between the purchase price of the property and the proceeds from the transaction, divided by the amount of the proceeds of the transaction. For purposes of this section, proceeds of the transaction means either of the following, as appropriate:SEC. 15.
Section 17524 of the Education Code is amended to read:17524.
(a) After considering all proposals submitted, the governing board of the school district may, subject to Section 17525, select the plan or proposal that best meets the needs of the school district and enter into a contract incorporating that plan or proposal either as submitted or as revised by the governing board of the school district.SEC. 16.
Section 35710.5 of the Education Code is amended to read:35710.5.
(a) (1) An action by the county committee approvingSEC. 17.
Section 38000 of the Education Code is amended to read:38000.
(a) The governing board of a school district may establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district. In accordance with Chapter 5 (commencing with Section 45100) of Part 25, the governing board of a school district may employ personnel to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district. It is the intent of the Legislature in enacting this section that a school district security department is supplementary to city and county law enforcement agencies and is not vested with general police powers.SEC. 18.
Section 41020.9 is added to the Education Code, to read:41020.9.
(a) Notwithstanding Section 41020, for the 2019–20 fiscal year, a local educational agency shall provide for an audit by July 15, 2020, and if a local educational agency fails to provide for an audit by July 15, 2020, the county office of education having jurisdiction over the local educational agency shall provide for an audit of the local educational agency by July 31, 2020.SEC. 19.
Section 41203.1 of the Education Code is amended to read:41203.1.
(a) For the 1990–91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with calculations provided in this section. Notwithstanding Section 41203, and for purposes of this section, school districts, community college districts, and direct elementary and secondary level instructional services provided by the State of California shall be regarded as separate segments of public education, and each of these three segments of public education shall be entitled to receive respective shares of the amount calculated pursuant to Section 41203 as though the calculation made pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution were to be applied separately to each segment and the base year for purposes of this calculation under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution were based on the 1989–90 fiscal year. Calculations made pursuant to this subdivision shall be made so that each segment of public education is entitled to the greater of the amounts calculated for that segment pursuant to paragraph (1) or (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution.SEC. 20.
Section 41204.2 is added to the Education Code, to read:41204.2.
(a) Notwithstanding any other law, commencing with the 2021–22 fiscal year, an appropriation shall be made from the General Fund in the annual Budget Act for the support of public schools maintaining kindergarten or any of grades 1 to 12, inclusive, and the California Community Colleges to supplement funding appropriated pursuant to Section 8 of Article XVI of the California Constitution. In each fiscal year, the amount of the supplemental appropriation shall be equal to 1.5 percent of total General Fund revenues, as calculated pursuant to Section 8 of Article XVI of the California Constitution. The supplemental appropriation shall be made annually until the sum of all supplemental appropriations equals twelve billion three hundred sixty-six million one hundred seven thousand dollars ($12,366,107,000).SEC. 21.
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 school 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 school districts pursuant to this article. These standards shall, at a minimum, address all of the following areas:SEC. 22.
Section 41341 of the Education Code is amended to read:41341.
(a) (1) If, during any fiscal year, the amount apportioned to a school district or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district or fund was entitled by an amount equal to the local control funding formula allocation pursuant to Section 42238.02, as implemented pursuant to Section 42238.03, for one unit of average daily attendance, the Superintendent, in accordance with regulations thatSEC. 23.
Section 41370 of the Education Code is amended to read:41370.
(a) The governing board ofSEC. 24.
Section 42127 of the Education Code is amended to read:42127.
(a) On or before July 1 of each year, the governing board of each school district shall accomplish the following:SEC. 25.
Section 42127.6 of the Education Code is amended to read:42127.6.
(a) (1) A school district shall provide the county superintendent of schools with a copy of a study, report, evaluation, or audit that was commissioned by the school district, the county superintendent, the Superintendent, and state control agencies and that contains evidence that the school district is showing fiscal distress under the standards and criteria adopted in Section 33127, or a report on the school district by the County Office Fiscal Crisis and Management AssistanceSEC. 26.
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(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. 27.
Section 42131 of the Education Code is amended to read:42131.
(a) (1) Pursuant to the reports required by Section 42130, the governing board of each school district shall certify, in writing, within 45 days after the close of the period being reported, whether the school district is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for the subsequent two fiscal(e)
(f)Any
SEC. 28.
Section 42238.02 of the Education Code is amended to read:42238.02.
(a) The amount computed pursuant to this section shall be known as the school district and charter school local control funding formula.SEC. 29.
Section 42238.021 is added to the Education Code, to read:42238.021.
Notwithstanding any other law, for the 2020–21 fiscal year, the adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and subdivision (b) of Section 42287 shall instead be zero.SEC. 30.
Section 42238.025 of the Education Code is amended to read:42238.025.
(a) In the 2013–14 fiscal year, the Superintendent shall compute an economic recovery target rate for each school district and charter school equal to the sum of the following:SEC. 31.
Section 42238.03 of the Education Code is amended to read:42238.03.
(a) Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall calculate a base entitlement for the transition to the local control funding formula for each school district and charter school equal to the sum of the amounts computed pursuant to paragraphs (1) to (4), inclusive. The amounts computed pursuant to paragraphs (1) to (4), inclusive, shall be continuously appropriated pursuant to Section 14002.SEC. 32.
Section 42238.15 of the Education Code is amended to read:42238.15.
(a) Notwithstanding any other law, and in lieu of any inflation or cost-of-living adjustment otherwise authorized for the programs enumerated in subdivision (b), state funding for the programs enumerated in subdivision (b) shall be increased annually by the product of the following:SEC. 33.
Section 42603.1 is added to the Education Code, to read:42603.1.
(a) For the 2020–21 and 2021–22 fiscal years, if the state defers any payments owed to school districts, the governing board of a school district may authorize, by resolution, moneys held in any fund or account to be temporarily transferred to another fund or account of the school district for payment of obligations. The transfer shall be accounted for as temporary borrowing between funds or accounts and shall not be available for appropriation or be considered income to the borrowing fund or account. Amounts transferred shall be repaid either in the same fiscal year, or in the following fiscal year if the transfer takes place within the final 120 calendar days of a fiscal year. Borrowing shall occur only if the fund or account receiving the money will earn sufficient income, during the current fiscal year, to repay the amount transferred. No more than 85 percent of the maximum of moneys held in any fund or account during a current fiscal year may be transferred.SEC. 34.
Part 24.5 (commencing with Section 43500) is added to Division 3 of Title 2 of the Education Code, to read:PART 24.5. SCHOOL FINANCE, INSTRUCTION, AND ACCOUNTABILITY IN THE 2020–21 SCHOOL YEAR
43500.
For purposes of this part, the following definitions apply:43501.
For the 2020–21 school year, the minimum schoolday for a local educational agency is as follows:43502.
(a) For purposes of calculating apportionments for the 2020–21 fiscal year, a local educational agency shall offer in-person instruction, and may offer distance learning, pursuant to the requirements of this part.43503.
(a) (1) For the 2020–21 school year, a local educational agency that offers distance learning shall comply with the requirements of subdivision (b).43504.
(a) The compulsory education requirements described in Section 48200 continue to apply for the 2020–21 school year.43505.
(a) For purposes of calculating apportionments for the 2020–21 fiscal year and for any other calculations that would be based on average daily attendance in the 2020–21 school year, for all newly operational charter schools that are authorized by the governing board of a school district or county board of education on or before June 1, 2020, or approved by the state board at its July 8 and 9, 2020, meeting and that are beginning instruction in the 2020–21 school year, the department shall use the enrollment of that charter school as of Information Day, October 7, 2020, based on data reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 of Division 4, reduced by either the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year with the resultant figures and rates rounded to the nearest tenth.43506.
(a) A charter school that offers distance learning pursuant to this part is not required to submit a request to its chartering authority for a material revision to its charter pursuant to Section 47607 in order to offer distance learning.43507.
Notwithstanding Sections 15948.1 and 15103 of Title 5 of the California Code of Regulations, for purposes of calculating the local control funding formula grade span adjustment pursuant to Section 42238.02 or the class size penalty pursuant to Sections 41376 and 41378, “class” may include instruction offered through distance learning or in-person instruction pursuant to this part.43508.
Notwithstanding Sections 14022, 14022.3, and 14022.5, for purposes of computing the minimum funding obligation for school districts and community colleges pursuant to Sections 8 and 8.5 of Article XVI of the California Constitution for the 2020–21 fiscal year, both of the following definitions apply:43509.
(a) (1) For the 2020–21 school year, the governing board of a school district, a county board of education, and the governing body of a charter school shall adopt both of the following:43510.
If any activities authorized pursuant to this part and implementing regulations are found to be a state reimbursable mandate pursuant to Section 6 of Article XIII B of the California Constitution, funding provided for school districts, county offices of education, and charter schools pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs.43511.
(a) The requirements of this part shall not be waived by the state board pursuant to Section 33050 or any other law.SEC. 35.
Section 44225.4 is added to the Education Code, to read:44225.4.
The time of validity of examination scores used to satisfy a requirement for the issuance of a credential, certificate, permit, or waiver pursuant to subdivision (b) of Section 80071 of Title 5 of the California Code of Regulations is extended to 11 years for any score used to satisfy a requirement from March 19, 2020, to June 30, 2021, inclusive.SEC. 36.
Section 44235.4 is added to the Education Code, to read:44235.4.
The time of validity of fees submitted with paper applications for credentials not available for online renewal or recommendation pursuant to subdivision (f) of Section 80002 of, and subdivision (e) of Section 80487 of, Title 5 of the California Code of Regulations, is extended to 120 days for applications received by the commission from March 19, 2020, to June 30, 2021, inclusive.SEC. 37.
Section 44266.5 is added to the Education Code, to read:44266.5.
The requirement for the field practice assignment for a pupil personnel services credential to take place in two or more school settings pursuant to subdivision (b) of Section 80632.2 of, subdivision (b) of Section 80632.3 of, and subdivision (b) of Section 80632.4 of, Title 5 of the California Code of Regulations is reduced to one school setting from March 19, 2020, to June 30, 2021, inclusive.SEC. 38.
Section 44955.5 of the Education Code is amended to read:44955.5.
(a) During the time period between five days after the enactment ofSEC. 39.
Section 45227 is added to the Education Code, immediately following Section 45226, to read:45227.
(a) Positions established by a county superintendent of schools, while serving as the administrative agent for the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8, to carry out the purposes of Section 42127.8 and Article 6 (commencing with Section 49080) of Chapter 6.5 of Part 27 of Division 4, including positions associated with the California School Information Services, shall be exempt from the merit system, including, but not limited to, the requirements of Sections 45261 and 45272.SEC. 40.
Section 46200.5 of the Education Code is amended to read:46200.5.
(a) For a county office of education thatSEC. 41.
Section 46201.5 of the Education Code is amended to read:46201.5.
(a) For a county office of education thatSEC. 42.
Section 47604.1 of the Education Code is amended to read:47604.1.
(a) For purposes of this section, an “entity managing a charter school” means a nonprofit public benefit corporation that operates a charter school consistent with Section 47604. An entity that is not authorized to operate a charter school pursuant to Section 47604 is not an “entity managing a charter school” solely because it contracts with a charter school to provide to that charter school goods or task-related services that are performed at the direction of the governing body of the charter school and for which the governing body retains ultimate decisionmaking authority.SEC. 43.
Section 47605 of the Education Code, as amended by Section 3.3 of Chapter 543 of the Statutes of 2019, is amended to read:47605.
(a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district if each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:SEC. 44.
Section 47607 of the Education Code is amended to read:47607.
(a) (1) A charter may be granted pursuant to Sections 47605, 47605.5, 47605.6, and 47606 for a period not to exceed five years.(iii)
(iv)
(B)
(C)
SEC. 45.
Section 47607.2 of the Education Code, as added by Section 8 of Chapter 486 of the Statutes of 2019, is amended to read:47607.2.
(a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision:(2)
(3)
(4)
(5)
SEC. 46.
Section 47607.5 of the Education Code is amended to read:47607.5.
(a)SEC. 47.
Section 47612.5 of the Education Code is amended to read:47612.5.
(a) Notwithstanding any otherSEC. 48.
Section 47612.7 of the Education Code is amended to read:47612.7.
(a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, 2022, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited.SEC. 49.
Section 47632 of the Education Code is amended to read:47632.
For purposes of this chapter, the following terms shall be defined as follows:SEC. 50.
Section 47635 of the Education Code is amended to read:47635.
(a) A sponsoring local educational agency shall annually transfer to each of its charter schools funding in lieu of property taxes equal to the lesser of the following two amounts:SEC. 51.
Section 47644 of the Education Code is amended to read:47644.
For each charter school deemed a local educational agency for the purposes of special education, an amount equal to the amount computed pursuant to SectionSEC. 52.
Section 47653 is added to the Education Code, to read:47653.
(a) A charter school required to be regarded as a continuing charter school by the department pursuant to subparagraph (E) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (B) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (d) of Section 47605.9, or paragraph (3) of subdivision (b) of Section 47612.7 shall notify the department by May 15 before the fiscal year in which the charter school is to be regarded as a continuing charter school by the department, in a format to be established by the Superintendent. The Superintendent may require attendance records or other documents necessary to verify that instruction had been provided at the site be submitted to substantiate that the charter school meets the requirements to be regarded as a continuing charter school by the department.SEC. 53.
Section 47654 is added to the Education Code, to read:47654.
The definitions set forth in this section apply for purposes of this part and Chapter 7 (commencing with Section 42238) of Part 24 of Division 3. “Affected charter school” means a charter school that has been, or is proposed to be, affected by an action to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. Affected charter schools include all of the following charter school types:SEC. 54.
Section 47655 is added to the Education Code, to read:47655.
(a) Notwithstanding any other law, all debt and liabilities owed to the state for an original charter school shall transfer to a restructured charter school in accordance with this section.SEC. 55.
Section 48000 of the Education Code is amended to read:48000.
(a) A child shall be admitted to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will haveSEC. 56.
Section 51461 of the Education Code is amended to read:51461.
(a) The State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets all of the following criteria:(d)
SEC. 57.
Section 52064 of the Education Code is amended to read:52064.
(a) On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes:SEC. 58.
Section 52074 of the Education Code is amended to read:52074.
(a) The California Collaborative for Educational Excellence is hereby established.SEC. 59.
Section 52202 of the Education Code is amended to read:52202.
(a) The Bilingual Teacher Professional Development Program shall be administered by the department in consultation with the Commission on Teacher Credentialing. The department shall issue grants to applicants through a competitive process.SEC. 60.
Section 54444.2 of the Education Code is amended to read:54444.2.
(a) The SuperintendentSEC. 61.
Section 54444.3 of the Education Code is amended to read:54444.3.
(a) Each operating agency receiving federal Title I Migrant Education funding shall conduct summer school programs for eligible migrant children in kindergarten and grades 1 to 12, inclusive. The summer school programs shall respond to the individual needs of participating(A)
(B)
(C)
Exemptions
For
If
SEC. 62.
Section 56122 of the Education Code is amended to read:56122.
(a) The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements.SEC. 63.
Section 56195.1 of the Education Code is amended to read:56195.1.
The governing board of a district shall elect to do one of theSEC. 64.
Section 56213 of the Education Code is amended to read:56213.
(a) A necessary small special education local plan area, as described in Section 56212, shall receive an additional funding amount pursuant to subdivision (b) if, between the fiscal year in which the computation is made and the prior fiscal year, it declines in both of the following:SEC. 65.
Section 56214 is added to the Education Code, to read:56214.
For the 2020–21 fiscal year and each fiscal year thereafter, a necessary small special education local plan area, as described in Section 56212, shall receive, in addition to the funding it received in the 2019–20 fiscal year, an additional funding amount equal to the sum of both of the following:SEC. 66.
Section 56345 of the Education Code is amended to read:56345.
(a) The individualized education program is a written statement for each individual with exceptional needs that is developed, reviewed, and revised in accordance with this section, as required by Section 1414(d) of Title 20 of the United States Code, and that includes all of the following:SEC. 67.
Section 56477 of the Education Code is amended to read:56477.
(a) Commencing with the 2019–20 fiscal year, the department shall jointly convene with the State Department of Developmental Services and the State Department of Health Care Services one or more workgroups that include representatives from local educational agencies, appropriate county agencies, regional centers, and legislative staff. The workgroups shall convene for the following purposes:(b)
(c)
SEC. 68.
Section 56836.045 of the Education Code is repealed.For the 2020–21 fiscal year, the Superintendent shall only make the computations described in paragraph (3) of subdivision (b) of Section 56836.08 and Section 56836.40 upon receiving a joint notification from the Director of Finance, or the director’s designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2020 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics:
(a)An examination of the role of special education local plan areas in the delivery of special education services and supports for individuals with exceptional needs, including increasing accountability and incorporation into the statewide system of support.
(b)Expansion of inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment.
(c)Opportunities for local educational agencies to receive state and regional support to address disproportionality of special education identification, placement, and discipline, as applicable, and ensure equitable access to services for individuals with exceptional needs.
(d)Review of existing funding allocations for special education, including, but not limited to, computations made pursuant to
Sections 56836.08 and 56836.40.
SEC. 69.
Section 56836.06 of the Education Code is amended to read:56836.06.
(a) For purposes of this article, the following terms or phrases have the following meanings, unless the context clearly requires otherwise:(a)
(1)
(2)
(b)
(c)
(d)
(e)
SEC. 70.
Section 56836.07 of the Education Code is amended to read:56836.07.
(a) For the 2004–05 fiscal yearSEC. 71.
Section 56836.08 of the Education Code is amended to read:56836.08.
(a) For the 1998–99 fiscal year, the Superintendent shall make the following computations to determine the amount of funding for each special education local plan area:SEC. 72.
Section 56836.10 of the Education Code is amended to read:56836.10.
(a) The Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the 1998–99 fiscal year:SEC. 73.
Section 56836.11 of the Education Code is amended to read:56836.11.
(a) For the purpose of computing the equalization adjustment for special education local plan areas for the 1998–99 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas:SEC. 74.
Section 56836.145 of the Education Code is amended and renumbered to read:56836.145.56836.12.
(a) For the 2013–14 fiscal year, the Superintendent shall compute an equalization adjustment for each special education local plan area,SEC. 75.
Section 56836.15 of the Education Code is amended and renumbered to read:56836.15.56836.13.
(a) In order to mitigate the effects of any declining enrollment, commencing in the 1998–99 fiscal year, and each fiscal year thereafter, the Superintendent shall calculate allocations to special education local plan areas based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. However, the prior fiscal year average daily attendance reported for the special education local plan area shall be adjusted for any loss or gain of average daily attendance reported for the special education local plan
area due to a reorganization or transfer of territory in the special education local plan area.SEC. 76.
Article 2.2 (commencing with Section 56836.14) is added to Chapter 7.2 of Part 30 of Division 4 of Title 2 of the Education Code, to read:Article 2.2. Special Education Funding Formula
56836.14.
Commencing with the 2020–21 fiscal year and for each fiscal year thereafter, the Superintendent shall annually calculate the special education funding formula pursuant to this article.56836.142.
(a) For purposes of this article, the following terms and phrases have the following meanings:56836.144.
For the 2020–21 fiscal year and each fiscal year thereafter, the Superintendent shall calculate allocations to special education local plan areas based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made, the most recent prior fiscal year, or the second most recent prior fiscal year, whichever is greatest.56836.146.
(a) For the 2020–21 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following:56836.148.
(a) For the 2020–21 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (a) of Section 56836.146 by the funded average daily attendance computed in Section 56836.144 for the corresponding special education local plan area.56836.15.
Notwithstanding any other law, for the 2020–21 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim:SEC. 77.
Section 56836.159 of the Education Code is amended to read:56836.159.
(a) For the 2001–02 fiscal year, theSEC. 78.
Section 56836.165 of the Education Code is amended to read:56836.165.
(a) For the 2004–05 fiscal year and each fiscal year thereafter, the Superintendent shall calculate for each special education local plan area an amount based on (1) the number of children and youth residing in foster family homes, small family homes, and foster family agencies, (2) the licensed capacity of group homes licensed by the State Department of Social Services, and (3) the number of children and youthSEC. 79.
Section 56836.21 of the Education Code is amended to read:56836.21.
(a) The department shall administer an extraordinary cost pool to protect special education local plan areas from the extraordinary costs associated with single placements as described in subdivision (d). Funds shall be appropriated for this purpose in the annual Budget Act. Special education local plan areas shall be eligible for reimbursement from this pool in accordance with this section.SEC. 80.
Section 56836.22 of the Education Code is amended to read:56836.22.
(a) Commencing with the 1985–86 fiscal year, and for each fiscal year thereafter, funds to support special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Section 56026.5, shall be determined by dividing the total number of pupils with low-incidence disabilities in the state, as reportedSEC. 81.
Section 56836.24 of the Education Code is amended to read:56836.24.
(a) Commencing with the 2018–19 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of funding for the purposes specified in Section 56836.23 for apportionment to each special education local plan area for the fiscal year in which the computation is made:SEC. 82.
Section 56836.31 of the Education Code is amended to read:56836.31.
(a) To accomplish the activities set forth in Section 56836.23, supplemental funds shall be apportioned to special education local plan areas that are designated as necessary small special education local plan areas in accordance with Section 56212 and that report fewer than 15,000 units of average daily attendance.SEC. 83.
Section 17581.6 of the Government Code is amended to read:17581.6.
(a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (f).(1)Academic Performance Index (01-TC-22; Chapter 3 of the Statutes of 1999, First Extraordinary Session; and Chapter 695 of the Statutes of 2000).
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
(47)
(48)
(49)
SEC. 84.
Section 97.2 of the Revenue and Taxation Code is amended to read:97.2.
Notwithstanding any other provision of this chapter, the computations and allocations made by each county pursuant to Section 96.1 or its predecessor section shall be modified for the 1992–93 fiscal year pursuant to subdivisions (a) to (d), inclusive, and for the 1997–98 and 1998–99 fiscal years pursuant to subdivision (e), as follows:Property Tax Reduction per County | |
Alameda
........................
| $ 27,323,576 |
Alpine
........................
| 5,169 |
Amador
........................
| 286,131 |
Butte
........................
| 846,452 |
Calaveras
........................
| 507,526 |
Colusa
........................
| 186,438 |
Contra Costa
........................
| 12,504,318 |
Del Norte
........................
| 46,523 |
El Dorado
........................
| 1,544,590 |
Fresno
........................
| 5,387,570 |
Glenn
........................
| 378,055 |
Humboldt
........................
| 1,084,968 |
Imperial
........................
| 998,222 |
Inyo
........................
| 366,402 |
Kern
........................
| 6,907,282 |
Kings
........................
| 1,303,774 |
Lake
........................
| 998,222 |
Lassen
........................
| 93,045 |
Los Angeles
........................
| 244,178,806 |
Madera
........................
| 809,194 |
Marin
........................
| 3,902,258 |
Mariposa
........................
| 40,136 |
Mendocino
........................
| 1,004,112 |
Merced
........................
| 2,445,709 |
Modoc
........................
| 134,650 |
Mono
........................
| 319,793 |
Monterey
........................
| 2,519,507 |
Napa
........................
| 1,362,036 |
Nevada
........................
| 762,585 |
Orange
........................
| 9,900,654 |
Placer
........................
| 1,991,265 |
Plumas
........................
| 71,076 |
Riverside
........................
| 7,575,353 |
Sacramento
........................
| 15,323,634 |
San Benito
........................
| 198,090 |
San Bernardino
........................
| 14,467,099 |
San Diego
........................
| 17,687,776 |
San Francisco
........................
| 53,266,991 |
San Joaquin
........................
| 8,574,869 |
San Luis Obispo
........................
| 2,547,990 |
San Mateo
........................
| 7,979,302 |
Santa Barbara
........................
| 4,411,812 |
Santa Clara
........................
| 20,103,706 |
Santa Cruz
........................
| 1,416,413 |
Shasta
........................
| 1,096,468 |
Sierra
........................
| 97,103 |
Siskiyou
........................
| 467,390 |
Solano
........................
| 5,378,048 |
Sonoma
........................
| 5,455,911 |
Stanislaus
........................
| 2,242,129 |
Sutter
........................
| 831,204 |
Tehama
........................
| 450,559 |
Trinity
........................
| 50,399 |
Tulare
........................
| 4,228,525 |
Tuolumne
........................
| 740,574 |
Ventura
........................
| 9,412,547 |
Yolo
........................
| 1,860,499 |
Yuba
........................
| 842,857 |
SEC. 85.
Section 97.3 of the Revenue and Taxation Code is amended to read:97.3.
Notwithstanding any other provision of this chapter, the computations and allocations made by each county pursuant to Section 96.1 or its predecessor section, as modified by Section 97.2 or its predecessor section for the 1992–93 fiscal year, shall be modified for the 1993–94 fiscal year pursuant to subdivisions (a) to (c), inclusive, as follows:SEC. 86.
Part 1.7 (commencing with Section 10200) is added to Division 9 of the Welfare and Institutions Code, to read:PART 1.7. The Early Childhood Development Act of 2020
CHAPTER 1. Transfer of Childcare Programs to the State Department of Social Services
10200.
This part shall be known, and may be cited, as the Early Childhood Development Act of 2020.10201.
This chapter shall become operative July 1, 2021.10202.
Legislature finds and declares both of the following:10203.
(a) It is the intent of the Legislature to launch a phased approach to achieving the goals of the state’s Master Plan for Early Learning and Care, uniting childcare programs where they can best be integrated with other child and family focused benefits, programs, and services, and support childcare providers and programs while maintaining vital connections to preschool, transitional kindergarten, and K-12 education.10204.
(a) For purposes of this part, “department” means the State Department of Social Services.10205.
(a) Commencing July 1, 2021, the department succeeds to, and is vested with, all the powers, functions, duties, responsibilities, obligations, liabilities, and jurisdiction of the programs, responsibilities, services, and systems listed in subdivision (b) of Section 10203.10206.
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Education may implement, interpret, or make specific this part by means of all-county letters, bulletins, or similar written instructions from either department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations.SEC. 87.
Chapter 5.4 (commencing with Section 13265) is added to Part 3 of Division 9 of the Welfare and Institutions Code, to read:CHAPTER 5.4. California Newcomer Education and Well-Being (CalNEW) Program
13265.
(a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the State Department of Social Services shall administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for refugees, unaccompanied undocumented minors, and immigrant families. The department shall allocate funding to school districts with significant numbers of refugee pupils and unaccompanied undocumented minors, or a significant population of English learner pupils. The department shall have sole discretion to determine which school districts and services to fund.SEC. 88.
Item 6100-158-0001 of Section 2.00 of the Budget Act of 2019 is amended to read:6100-158-0001—For local assistance, State Department of Education (Proposition 98), in lieu of the amount that otherwise would be appropriated pursuant to Section 41841.5 of the Education Code for Adults in Correctional Facilities
........................
| |||||||
Schedule: | |||||||
(1) | 5200163-Adults in Correctional Facilities Program
........................
| ||||||
Provisions: | |||||||
1. | Notwithstanding Section 41841.5 of the Education Code, or any other provision of law, all of the following shall apply: | ||||||
(a) | The amount appropriated in this item and any amount allocated for this program in this act shall be the only funds available for allocation by the Superintendent of Public Instruction to school districts or county offices of education for the Adults in Correctional Facilities Program. | ||||||
(b) | The amount appropriated in this item shall be allocated based upon 2018–19 rather than 2019–20 expenditures. | ||||||
(c) | Funding distributed to each local educational agency (LEA) for reimbursement of services provided in the 2018–19 fiscal year for the Adults in Correctional Facilities Program shall be limited to the amount received by the agency for services provided in the 2017–18 fiscal year, increased by the percentage change determined and provided pursuant to paragraph (2) of subdivision (d) of Section 42238.02 of the Education Code for the 2018–19 fiscal year. Funding shall be reduced or eliminated, as appropriate, for any LEA that reduces or
eliminates services provided under this program in the 2018–19 fiscal year, as compared to the level of services provided in the 2017–18 fiscal year. Any funds remaining as a result of those decreased levels of service shall be allocated to provide support for new programs in accordance with Section 41841.8 of the Education Code. | ||||||
(d) | Funding appropriated in this item for growth in average daily attendance (ADA) first shall be allocated to programs that are funded for 20 units or less of ADA, up to a maximum of 20 additional units of ADA per program. |
SEC. 89.
Item 6100-194-0001 of Section 2.00 of the Budget Act of 2019, as amended by Section 67 of Chapter 363 of the Statutes of 2019, is amended to read:6100-194-0001—For local assistance, State Department of Education, for allocation by the Superintendent of Public Instruction to school districts, county offices of education, and other agencies for childcare and development programs included in this item, in lieu of the amount that otherwise would be appropriated pursuant to any other statute
........................
| |||||||
Schedule: | |||||||
(1) | 5210026-General Child Development
........................
| 387,658,000 | |||||
(2) | 5210027-State Preschool Non-Local Educational Agencies
........................
| ||||||
(3) | 5210028-Migrant Day Care
........................
| 39,446,000 | |||||
(4) | 5210030-Alternative Payment
........................
| 170,131,000 | |||||
(5) | 5210032-Resource and Referral
........................
| 20,333,000 | |||||
(6) | 5210034-CalWORKs Stage 2
........................
| 533,937,000 | |||||
(7) | 5210036-CalWORKs Stage 3
........................
| 160,236,000 | |||||
(8) | 5210038-Accounts Payable
........................
| 4,000,000 | |||||
(9) | 5210040-Child Care for Children with Severe Disabilities
........................
| 2,084,000 | |||||
(10) | 5210042-California Child Care Initiative
........................
| 225,000 | |||||
(11) | 5210044-Quality Improvement
........................
| 2,961,000 | |||||
(12) | 5210046-Local Planning Councils
........................
| 292,000 | |||||
Provisions: | |||||||
1. | Funds in Schedules (5), (10), (11), and (12) shall be allocated to meet federal requirements to improve the quality of childcare and shall be used in accordance with the approved California state plan for the federal Child Care and Development Fund that is developed pursuant to the requirements under Section 8206.1 of the Education Code. | ||||||
2. | Nonfederal funds appropriated in this item which have been budgeted to meet the state’s Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) shall not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure. | ||||||
3. | Notwithstanding any other provision of law, funds in Schedule (8) are available for accounts payable for alternative payment programs for actual and allowable costs incurred for additional services, pursuant to Section 8222.1 of the Education Code. The State Department of Education shall give priority for the allocation of these funds for accounts payable. | ||||||
4. | The amounts provided in Schedules (1), (2), (3), (4), and (9) of this item reflect an adjustment to the base funding of –0.68 percent for a decrease in the population of 0–4 year-olds. | ||||||
5. | (a) | The maximum standard reimbursement rate shall not exceed $49.54 per day for general childcare programs. Furthermore, the migrant childcare program shall adhere to the maximum standard reimbursement rates as prescribed for the general childcare programs. All other rates and adjustment factors shall conform. | |||||
(b) | Notwithstanding any other law, the maximum standard reimbursement rate shall not exceed $30.87 per day for part-day California state preschool programs. The maximum standard reimbursement rate shall not exceed $49.85 for full-day California state preschool programs. | ||||||
6. | (a) | Alternative payment childcare programs shall be subject to the rate ceilings established in the Regional Market Rate Survey of California childcare and development providers for provider payments. When approved pursuant to Section 8447 of the Education Code, any changes to the market rate limits, adjustment factors, or regions shall be utilized by the State Department of Education, the California Community Colleges, and the State Department of Social Services in various programs under
the jurisdiction of these departments. | |||||
(b) | Notwithstanding any other provision of law, the funds appropriated in this item for the cost of licensed childcare services provided through alternative payment or voucher programs, including those provided under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, shall be used only to reimburse childcare costs up to the greater of either: | ||||||
(1) | The 75th percentile of rates based on the 2016 Regional Market Rate
Survey. | ||||||
(2) | The regional market rate ceiling for that region as it existed on December 31, 2017. | ||||||
(c) | The funds appropriated in this item for the cost of license-exempt childcare services provided through alternative payment or voucher programs, including those provided under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, shall be used only to reimburse license-exempt childcare costs up to 70 percent of the regional reimbursement rate limits established for family
childcare homes. | ||||||
(d) | The State Department of Education shall distribute funds for increases to the Regional Market Rate based on estimates of how contractors’ reimbursements will increase due to the rate change. | ||||||
7. | (a) | The State Department of Education (SDE) shall conduct monthly analyses of CalWORKs Stage 2 and Stage 3 caseloads and expenditures and adjust agency contract maximum reimbursement amounts and allocations as necessary to ensure funds are distributed proportionally to need. SDE shall share monthly caseload analyses with the State Department of Social Services (DSS). | |||||
(b) | SDE shall provide quarterly information regarding the sufficiency of funding for Stage 2 and Stage 3 to DSS. SDE shall provide caseloads, expenditures, allocations, unit costs, family fees, and other key variables and assumptions used in determining the sufficiency of state allocations. Detailed backup by month and on a county-by-county basis shall be provided to DSS at least on a quarterly basis for comparisons with Stage 1 trends. | ||||||
(c) | By September 30 and March 30 of each year, SDE shall ensure that detailed caseload and expenditure data, through the most recent period for Stage 2 and Stage 3 along with all
relevant assumptions, is provided to DSS to facilitate budget development. The detailed data provided shall include actual and projected monthly caseload from Stage 2 scheduled to time off of their transitional childcare benefit from the last actual month reported by agencies through the next two fiscal years as well as local attrition experience. DSS shall utilize data provided by SDE, including key variables from the prior fiscal year and the first two months of the current fiscal year, to provide coordinated estimates in November of each year for each of the three stages of care for preparation of the Governor’s Budget, and shall utilize data from at least the first two quarters of the current fiscal year, and any additional monthly data as they become available for preparation of the May Revision. DSS shall share its assumptions and methodology with SDE in the preparation of the Governor’s Budget. | ||||||
(d) | SDE shall coordinate with DSS to identify annual general subsidized childcare program expenditures for Temporary Assistance for Needy Families-eligible children. SDE shall modify existing reporting forms as necessary to capture this data. | ||||||
(e) | SDE shall provide to DSS, upon request, access to the information and data elements necessary to comply with federal reporting requirements and any other information deemed necessary to improve estimation of childcare budgeting needs. | ||||||
(f) | (1) | On or before January 30 of each year, following consultation with DSS, SDE shall determine the adequacy of funding appropriated by the Legislature for CalWORKs Stage 2 and Stage 3. | |||||
(2) | If SDE determines that the Stage 2 appropriation exceeds the current year caseload needs and the Stage 3 appropriation is not sufficient to fully fund its caseload need, then SDE shall submit a request to the Department of Finance to transfer the excess funds from Schedule (6), CalWORKs Stage 2 childcare to Schedule (7), CalWORKs Stage 3 childcare. Notwithstanding Section 26.00 or any other provision of law, the Department of Finance may, at its discretion, approve such a transfer. | ||||||
(3) | If SDE determines that the Stage 3 appropriation exceeds the current year caseload needs and the Stage 2 appropriation is not sufficient to fully fund its caseload need, SDE shall submit a request to the Department of Finance to transfer the excess funds from Schedule (7), CalWORKs Stage 3 childcare to Schedule (6), CalWORKs Stage 2 childcare. Notwithstanding Section 26.00 or any other provision of law, the Department of Finance may, at its discretion, approve such a transfer. | ||||||
(g) | Notwithstanding any other provision of law or any other sections of this act, the Department of Finance may augment the appropriation for CalWORKs Stage 3 if the estimate of
expenditures, as determined by SDE, following consultation with DSS, will exceed the expenditures authorized in Schedule (7). The Department of Finance shall report any augmentation pursuant to this paragraph to the Joint Legislative Budget Committee. At the time the report is made, the amount of the appropriation made in Schedule (7) shall be increased by the amount of the augmentation. | ||||||
(h) | The Director of Finance may, pursuant to subdivisions (f) and (g), authorize the augmentation of the amount available for expenditure in Schedule (7) by making a transfer from Schedule (6). An augmentation may be authorized not sooner than 30 days after notification in writing of the necessity to exceed the limitations is provided to the Joint Legislative Budget Committee, or whatever lesser time the chairperson of the
joint committee may determine. Any request made by SDE to augment the CalWORKs Stage 3 appropriation shall be approved only in order to cover increases in costs that are consistent with assumptions of this act. This provision shall not be construed to treat Stage 3 as an entitlement. | ||||||
8. | Notwithstanding any other provision of law, the funds in Schedule (7) are reserved exclusively for continuing childcare for the following: (a) former CalWORKs families who are working, have left cash aid, and have exhausted their two-year eligibility for transitional services in either Stage 1 or Stage 2 pursuant to subdivision (c) of Section 8351 or Section 8353 of the Education Code, respectively, but still meet eligibility requirements for receipt of subsidized childcare services, and (b) families who received lump-sum diversion payments or
diversion services under Section 11266.5 of the Welfare and Institutions Code and have spent two years in Stage 2 off of cash aid, but still meet eligibility requirements for receipt of subsidized childcare services. | ||||||
9. | Notwithstanding any other provision of law, each local planning council receiving funds appropriated in Schedule (12) shall meet the requirements of Section 8499.5 of the Education Code to the extent feasible and to the extent data is readily accessible. | ||||||
10. | Notwithstanding any other provision of law, the implementation of Provision 12 is not subject to the appeal and resolution procedures for agencies that contract with the State Department of
Education for the provision of childcare services or the due process requirements afforded to families that are denied services specified in Chapter 19 (commencing with Section 18000) of Division 1 of Title 5 of the California Code of Regulations. | ||||||
11. | Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Education may implement Provision 12 through management bulletins or similar instructions. | ||||||
12. | Notwithstanding any other provision of law, families shall be disenrolled from subsidized childcare services
consistent with the priorities for services specified in subdivision (b) of Section 8263 of the Education Code. Families shall be disenrolled in the following order: (a) families with the highest income below 85 percent of the State Median Income (SMI) adjusted for family size, (b) of families with the same income level, those that have been receiving childcare services for the longest period of time, (c) of families with the same income level, those that have a child with exceptional needs, and (d) families with children who are receiving child protective services or are at risk of being neglected or abused, regardless of family income. | ||||||
Of the amount appropriated in Schedule (2), $31,400,000 is available beginning April 1, 2020, to provide 10,000 additional full-day state preschool slots to non-local educational agencies. | |||||||
15. | Funds in Schedule (2) shall be allocated to both the part-day and full-day California State Preschool Program for non-local educational agencies. | ||||||
16. | Of the amount appropriated in Schedule (1), $50,000,000 is available beginning July 1, 2019, to provide 3,086 slots for General Child Care. | ||||||
17. | Of the amount appropriated in Schedule (11), $1,500,000 is available on a one-time basis for the City of Los Angeles to build a child development center in Reseda, California. | ||||||
18. | For the 2019–20 fiscal year, if the State Department of Education determines that appropriations for General Child Development in Schedule (1) are not sufficient to fully fund the contracts executed, then the department may transfer the necessary funds from the non-LEA preschool program in Schedule (2) to Schedule (1), upon written notification to the Department of Finance. |
SEC. 90.
Item 6100-196-0001 of Section 2.00 of the Budget Act of 2019 is amended to read:6100-196-0001—For local assistance, State Department of Education (Proposition 98), for allocation by the Superintendent of Public Instruction to school districts, county offices of education, and other agencies for the purposes of part-day California state preschool programs pursuant to Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code funded in this item, in lieu of the amount that otherwise would be appropriated pursuant to any other statute
........................
| |||||||
Schedule: | |||||||
(1) | 5210020-State Preschool—Local Educational Agencies
........................
| ||||||
(2) | 5210010-Child Development, Quality Rating Improvement System Grants
........................
| 50,000,000 | |||||
Provisions: | |||||||
1. | Nonfederal funds appropriated in this item that have been budgeted to meet the state’s Temporary Assistance for Needy Families maintenance-of-effort requirement established pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) shall not be expended in any way that would cause their disqualification as a federally allowable maintenance-of-effort expenditure. | ||||||
2. | The amount provided in Schedule (1) reflects an adjustment to the base funding of −0.68 percent for a decrease in the population of 0–4 year-olds. | ||||||
3. | Notwithstanding any other law, the maximum standard reimbursement rate shall not exceed $30.87 per day for part-day California state preschool programs. The maximum standard reimbursement rate shall not exceed $49.85 for full-day California state preschool programs. | ||||||
4. | Of the amount appropriated in Schedule (1), up to $5,000,000 is available for the family literacy supplemental grant provided to California state preschool programs pursuant to Section 8238.4 of the Education Code. | ||||||
5. | The amount appropriated in Schedule (2) is available for Quality Rating and Improvement System grants provided to California state preschool programs pursuant
to Section 8203.1 of the Education Code. | ||||||
6. | Funds in Schedule (1) shall be allocated to both the part-day and full-day California State Preschool Program for local educational agencies. |
SEC. 91.
Section 1 of Chapter 3 of the Statutes of 2020 is amended to read:SECTION 1.
(a) For all local educational agencies that comply with Executive OrderSEC. 92.
Section 4 of Chapter 3 of the Statutes of 2020 is amended to read:SEC. 4.
For local educational agencies that comply with Executive Order No. N–26–20, and to ensure continuity of funding for the After School Education and Safety Program established by Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, a school closure due to the coronavirus (COVID–19) shall be considered a qualifying event for purposes of subdivision (d) of Section 8482.8 of the Education Code, and the obligation for a program grantee to submit a request for pupil attendance credits is waived. Program grantees shall be credited with the average annual attendance that the grantee would have received if it had been able to operate its entire program during the period of time the school was closed or restructured due to COVID–19.SEC. 93.
Section 9 of Chapter 3 of the Statutes of 2020 is amended to read:SEC. 9.
(a) For the 2019–20 school year, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction to administer the funds in the manner and for the purposes described in subdivision (b).SEC. 94.
From July 1, 2020, to June 30, 2021, inclusive, the governing board of a school district, county office of education, community college district, or joint powers authority shall not terminate the services of any permanent or probationary classified employees of the school district, county office of education, community college district, or joint powers authority because of a lack of funds or a lack of work, if the employees either hold classifications in, or are assigned to positions in, nutrition, transportation, or custodial services.SEC. 95.
For purposes of the annual update to the local control and accountability plan for the 2021–22 school year required pursuant to Sections 47606.5, 52061, and 52066 of the Education Code, the school district, county office of education, or charter school shall include the actions and expenditures included in the learning continuity and attendance plan adopted pursuant to Section 43509 of the Education Code.SEC. 96.
(a) Notwithstanding Section 1 of Chapter 3 of the Statutes of 2020 and Section 3043 of Title 5 of the California Code of Regulations, a local educational agency may claim apportionment for extended school year services for pupils with disabilities offered through distance learning for the summer of 2020 under all of the following conditions:SEC. 97.
(a) The State Department of Education may waive the following provisions relating to before and after school programs during the 2020–21 school year to provide the needed flexibility to serve pupils during the COVID-19 pandemic:SEC. 98.
(a) If the Superintendent of Public Instruction and the Director of Finance concur that repayment in the current fiscal year of two million three hundred thirty-nine thousand three hundred seventeen dollars ($2,339,317) by the Guerneville Elementary School District for the 2018–19 fiscal year would constitute a severe financial hardship for the local educational agency, they may establish a plan of equal annual payments over a period of up to five fiscal years.SEC. 99.
Moneys appropriated pursuant to Sections 22954 and 22955.1 of the Education Code and Section 6217.5 of the Public Resources Code shall not be considered school district or county office of education general fund expenditures for purposes of Section 17070.75 of the Education Code. This section supplements and does not supersede Section 16 of Chapter 413 of the Statutes of 2019.SEC. 100.
As a result of the decline in Education Protection Account revenue for the 2019–20 fiscal year and the resulting nontransfer of funds into the Education Protection Account for the 2019–20 fiscal year fourth-quarter payment, the Superintendent of Public Instruction shall recover a local educational agency’s overpayment of Education Protection Account funds from its local control funding formula state aid determined pursuant to Sections 2574, 2575, 42238.02, and 48838.03 of the Education Code from the second principal apportionment payment made pursuant to Section 14041 of the Education Code for deposit into the Education Protection Account. The fourth-quarter Education Protection Account payment for the 2019–20 fiscal year shall be made by the Controller as soon as practical, but not later than August 15, 2020.SEC. 101.
For the 2020–21 fiscal year, due to the emergency measures taken at schools to respond to the COVID-19 pandemic, the Orange County Office of Education, selected to expand the state’s Multi-Tiered System of Support framework pursuant to Section 143 of Chapter 32 of the Statutes of 2018, shall not be required to submit an annual report to the Superintendent of Public Instruction summarizing how the county office of education used the funds in the prior fiscal year until June 30, 2021, instead of September 30, 2020.SEC. 102.
As a result of the COVID-19 pandemic, the annual report required by Section 7 of Chapter 325 of the Statutes of 2012 (Senate Bill 533 of the 2011–12 Regular Session) shall be omitted for the 2019–20 fiscal year, and the next annual report shall be filed for the 2020–21 fiscal year.SEC. 103.
(a) Notwithstanding Section 313 of the Education Code, a local educational agency may administer the summative English language proficiency assessment pursuant to the requirements of this section for purposes of reclassification pursuant to paragraph (1) of subdivision (f) of Section 313 of the Education Code and Sections 11511 and 11511.5 of Title 5 of the California Code of Regulations at the beginning of the 2020–21 school year.SEC. 104.
(a) Notwithstanding subdivision (f) of Section 52064.5 of the Education Code, the State Department of Education shall not publish the California School Dashboard in December 2020 based on performance data on the state and local indicators included in the evaluation rubrics adopted by the State Board of Education.SEC. 105.
Notwithstanding any other law, a charter school that is scheduled to open or, pursuant to its petition will add grade levels, in the 2020–21 school year may delay opening or adding grade levels for one year without submitting to its chartering authority a request for a material revision to its charter petition. No later than July 17, 2020, the charter school shall notify its chartering authority, the State Department of Education, and the parents or guardians of pupils who have indicated an intent to enroll in the charter school or enroll in the affected grade levels, in writing, of the charter school’s decision to delay opening or adding grade levels.SEC. 106.
The funds appropriated in Section 133 of Chapter 32 of the Statutes of 2018, as amended by Section 37 of Chapter 426 of the Statutes of 2018, shall be available for encumbrance until June 30, 2023, and any unexpended balance available after December 31, 2020, shall be available for the purposes of Section 45500 of the Education Code. Additional funds made available pursuant to this section shall only be made available for school districts and county offices of education that were included in the notification the department made pursuant to subdivision (f) of Section 45500 of the Education Code on April 30, 2020.SEC. 107.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, except that funding provided for school districts, county offices of education, and charter schools pursuant to Sections 2574, 2575, 42238.02, and 42238.03 of the Education Code, as applicable, shall be used to directly offset any mandated costs imposed pursuant to Part 24.5 (commencing with Section 43500) of Division 3 of Title 2 of the Education Code.SEC. 108.
Notwithstanding any other law, the funds appropriated pursuant to Items 6100-158-0001 and 6100-161-0001 of Section 2.00 of the Budget Act of 2018 shall be available for encumbrance until November 30, 2021.SEC. 109.
(a) Consistent with the intent expressed in subdivision (c) of Section 76 of Chapter 15 of the Statutes of 2017, the sum of one million dollars ($1,000,000) is hereby appropriated from the General Fund to the Superintendent of Public Instruction for allocation to the Southern California Regional Occupational Center for instructional and operating costs in the 2020–21 fiscal year. It is the intent of the Legislature that this allocation assist the Southern California Regional Occupational Center to transition to a fully fee-supported funding model.SEC. 110.
(a) The sum of three hundred fifty-five million two hundred twenty-seven thousand dollars ($355,227,000) from the Federal Trust Fund and the sum of one billion one hundred forty-four million seven hundred seventy-three thousand dollars ($1,144,773,000) from the Coronavirus Relief Fund are hereby appropriated to the Superintendent of Public Instruction for allocation in the 2020–21 fiscal year to eligible local educational agencies in an equal amount per pupil using the following methodology:SEC. 111.
(a) The Legislature finds and declares all of the following:SEC. 112.
(a) It is the intent of the Legislature to prepare for the effective use of childcare funds available from the federal government during the COVID-19 pandemic and recovery period in order to support the essential workforce through necessary, high-quality childcare, support healthy child development during this historic time, and ensure the stability of California’s childcare system.SEC. 113.
(a) The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund in the 2020–21 fiscal year to the State Department of Education on a one-time basis to administer the Early Literacy Support Block Grant. The State Department of Education may use three million dollars ($3,000,000) of this sum to offset its costs associated with activities required to administer the program, consistent with subdivision (f).SEC. 114.
(a) The sum of three million dollars ($3,000,000) is hereby appropriated from the General Fund in the 2020–21 fiscal year to the State Department of Education to establish an expert lead in literacy within the statewide system of support established pursuant to Section 52059.5 of the Education Code. The State Department of Education and the California Collaborative for Educational Excellence shall select a county office of education to serve as the expert lead in literacy, consistent with Section 52073.1 of the Education Code, no later than December 1, 2020. The funds appropriated in this subdivision shall be available for expenditure over three years.SEC. 115.
(a) On or before June 30, 2021, an amount to be determined by the Director of Finance shall be appropriated from the General Fund to the Superintendent of Public Instruction in augmentation of Schedule (1) of Item 6100-161-0001 of Section 2.00 of the Budget Act of 2020.SEC. 116.
(a) For the 2020–21 fiscal year, the sum of four hundred fifty thousand dollars ($450,000) is hereby appropriated from the General Fund to the State Department of Education to support the alignment and integration of the online platforms supporting the California School Dashboard, the Local Control and Accountability Plan Electronic Template System, and the School Accountability Report Card. In performing this work, every effort shall be made to maximize the consistency of school-level data reported through the School Accountability Report Card with the state priorities described in subdivision (d) of Section 52060 of the Education Code and included in California’s accountability system and reported through the California School Dashboard.SEC. 117.
(a) The Legislature finds and declares all of the following:SEC. 118.
(a) The sum of one hundred twelve million two hundred thirty-one thousand dollars ($112,231,000) is hereby appropriated from the Federal Trust Fund in accordance with the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116–136) for allocation by the State Department of Education for purposes of subdivision (b).SEC. 119.
(a) The Legislature finds and declares all of the following:SEC. 120.
(a) For the 2020–21 fiscal year, the sum of four million two hundred forty-eight thousand dollars ($4,248,000) is hereby appropriated from the General Fund to the State Department of Education for the purposes set forth in subdivision (b).SEC. 121.
(a) For the 2020–21 fiscal year, the sum of seven hundred fifty thousand dollars ($750,000) is hereby appropriated from the General Fund to the State Department of Education for the purposes set forth in subdivision (b).SEC. 122.
(a) For the 2020–21 fiscal year, the sum of sixty million dollars ($60,000,000) is hereby appropriated from the General Fund to the State Department of Education for the Classified School Employee Summer Assistance Program established pursuant to Section 45500 of the Education Code. The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2025.SEC. 123.
The sum of two hundred thousand dollars ($200,000) is hereby appropriated from the General Fund for the 2020–21 fiscal year to the State Department of Education on a one-time basis to support the Young People’s Task Force. The Superintendent of Public Instruction, in consultation with the President of the State Board of Education, or the president’s designee, shall convene a Young People’s Task Force to develop guidance to promote culturally competent interactions between school resource officers and young people on school campuses, contingent on the enactment of later legislation during the 2019–20 Regular Session prescribing the duties of the task force.SEC. 124.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.