BILL NUMBER: AB 2130 AMENDED BILL TEXT AMENDED IN SENATE JUNE 28, 2002 AMENDED IN ASSEMBLY APRIL 16, 2002 INTRODUCED BY Assembly Member Simitian (Coauthor: Assembly Member Alquist) FEBRUARY 20, 2002 An act to amend Sections 37252.5, 37252.6, and 42239 of, and to repeal Sections 37252.2 and 37252.8 of, the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST AB 2130, as amended, Simitian. Supplemental instruction. (1) Existing law, until January 1, 2003, requires a school district to offer programs of supplemental instruction to pupils in grades 2 to 9, inclusive, who are recommended for retention or who are retained in the same grade and authorizes a school district to offer supplemental instruction to pupils in grades 2 to 6, inclusive, who are at risk of retention. Existing law, which becomes operative January 1, 2003, requires a school district to offer supplemental instruction to pupils in grades 2 to 9, inclusive, who are recommended for retention or who are retained in the same grade. This bill would repeal the provision that would become operative on January 1, 2003, and would delete the repeal of the provision that would otherwise be repealed on January 1, 2003, thereby resulting in the continuation of that program. (2) Existing law, until January 1, 2003, authorizes a school district to offer programs of supplemental instruction to pupils in grades 2 to 6, inclusive, who are deficient in mathematics, reading, or written expression based on the results of statewide achievement tests and limits the amount of funding a school district may receive for this instruction. Existing law, which becomes operative on January 1, 2003, authorizes a school district to offer programs of supplemental instruction to pupils in grades 2 to 6, inclusive, who are deficient in mathematics, reading, or written expression based on the results of statewide achievement tests and to pupils who are at risk of retention in the same grade. Existing law limits the amount of funding a school district may receive for this instruction. This bill would repeal the provision that would become operative on January 1, 2003, and would delete the repeal of the provision that would otherwise be repealed on January 1, 2003, thereby resulting in the continuation of that program. (3) Existing law requires the Superintendent of Public Instruction to use available funding appropriated for purposes of certain supplemental instruction programs if funding is insufficient to pay all claims made for certain other supplemental instruction programs. Existing law requires the superintendent to notify the Director of Finance when there is a deficiency of funding for purposes of certain instructional programs only after all available balances of appropriations for the current or prior fiscal years are exhausted. This bill would also require notification whenever it is necessary to use available funding for supplemental instruction to cover deficiencies of funding for other supplemental instruction programs. 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 37252.2 of the Education Code is repealed. SEC. 2. Section 37252.5 of the Education Code is amended to read: 37252.5. (a) The governing board of each district maintaining any or all of grades 2 to 9, inclusive, shall offer, and a charter school may offer, programs of direct, systematic, and intensive supplemental instruction to pupils enrolled in grades 2 to 9, inclusive, who have been recommended for retention or who have been retained pursuant to Section 48070.5. A school district or charter school may require a pupil who has been retained to participate in supplemental instructional programs. Notwithstanding the requirements of this section, the school district or charter school shall provide a mechanism for a parent or guardian to decline to enroll his or her child in the program. Attendance in supplemental instructional programs shall not be compulsory within the meaning of Section 48200. (b) The governing board of each district maintaining any or all of grades 2 to 6, inclusive, and each charter school, may offer direct, systematic, and intensive supplemental instruction to pupils enrolled in any of grades 2 to 6, inclusive, who have been identified as being at risk of retention pursuant to Section 48070.5. (c) Supplemental educational services pursuant to subdivisions (a) and (b) may be offered during the summer, before school, after school, on Saturdays, or during intersession, or in a combination of summer school, before school, after school, on Saturday, or intersession instruction. Services shall not be provided during the pupil's regular instructional day. Any minor pupil whose parent or guardian informs the school district that the pupil is unable to attend a Saturday school program for religious reasons, or any pupil 18 years of age or older who states that he or she is unable to attend a Saturday school program for religious reasons, shall be given priority for enrollment in supplemental instruction offered at a time other than Saturday over a pupil who is not unable to attend a Saturday school program for religious reasons. (d) For purposes of this section, a pupil shall be considered to be enrolled in a grade immediately upon completion of the preceding grade. Summer school instruction may also be offered to pupils who were enrolled in grade 6 during the prior school year. For ninth grade pupils identified in subdivision (a), summer school instruction may also be offered to pupils who were enrolled in grade 9 during the prior school year. (e) Each school district or charter school shall use results from tests administered under the Standardized Testing and Reporting Program, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or other evaluative criteria to identify eligible pupils pursuant to subdivision (b). (f) An intensive remedial program in reading or written expression offered pursuant to this section shall, as needed, include instruction in phoneme awareness, systematic explicit phonics and decoding, word attack skills, spelling and vocabulary, explicit instruction of reading comprehension, writing, and study skills. (g) Each school district or charter school shall seek the active involvement of parents and classroom teachers in the development and implementation of supplemental instructional programs provided pursuant to this section. (h) It is the intent of the Legislature that pupils who are at risk of failing to meet state adopted standards, or who are at risk of retention, be identified as early in the school year and as early in their school careers as possible, and be provided the opportunity for supplemental instruction sufficient to assist them in attaining expected levels of academic achievement. (i) Notwithstanding any other provision of law, neither the State Board of Education nor the Superintendent of Public Instruction may waive any provision of this section. SEC. 3. Section 37252.6 of the Education Code is amended to read: 37252.6. (a) The governing board of each school district maintaining any or all of grades 2 to 6, inclusive, and any charter school, may offer programs of direct, systematic, and intensive supplemental instruction to pupils enrolled in grades 2 to 6, inclusive, who have been identified as having a deficiency in mathematics, reading, or written expression based on the results of any test administered under the Standardized Testing and Reporting Program established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. (b) Supplemental educational services offered pursuant to this section may be offered during the summer, before school, after school, on Saturdays, or during intersession, or in a combination of summer school, before school, after school, on Saturday, or intersession instruction. Services shall not be provided during the pupil's regular instructional day. Any minor pupil whose parent or guardian informs the school district that the pupil is unable to attend a Saturday school program for religious reasons, or any pupil 18 years of age or older who states that he or she is unable to attend a Saturday school program for religious reasons, shall be given priority for enrollment in supplemental instruction offered at a time other than Saturday, over a pupil who is not unable to attend a Saturday school program for religious reasons. (c) For purposes of this section, a pupil shall be considered to be enrolled in a grade immediately upon completion of the preceding grade. Summer school instruction may also be offered to pupils who were enrolled in grade 6 during the prior school year. (d) An intensive remedial program in reading or written expression offered pursuant to this section shall, as needed, include instruction in phoneme awareness, systematic explicit phonics and decoding, word attack skills, spelling and vocabulary, explicit instruction in reading comprehension, writing, and study skills. (e) Each school district or charter school shall seek the active involvement of parents, legal guardians, and classroom teachers in the development and implementation of supplemental instructional programs provided pursuant to this section. (f) It is the intent of the Legislature that pupils who are at risk of failing to meet state adopted standards, or who are at risk of retention, be identified as early in the school year and as early in their school careers as possible, and be provided the opportunity for supplemental instruction sufficient to assist them in attaining expected levels of academic achievement. (g) (1) The maximum amount of funding for the purposes of programs offered pursuant to this section to serve pupils in grades 2 to 6, inclusive, shall not exceed 5 percent of the statewide total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year as determined pursuant to subdivision (c) of Section 42239. (2) A school district or charter school that offers instruction pursuant to this section shall be entitled to receive reimbursement in an amount up to 5 percent of the district's or charter school's total enrollment in grades 2 to 6, inclusive, for the prior fiscal year multiplied by 120 hours, multiplied by the hourly rate for the current fiscal year as determined pursuant to subdivision (c) of Section 42239. (h) Notwithstanding any other provision of law, neither the State Board of Education nor the Superintendent of Public Instruction may waive any provision of this section. SEC. 4. Section 37252.8 of the Education Code is repealed. SEC. 5. Section 42239 of the Education Code is amended to read: 42239. For the 2000-01 fiscal year, and each fiscal year thereafter, the Superintendent of Public Instruction shall compute funding for supplemental instruction for each school district or charter school in the following manner: (a) Multiply the number of pupil hours of supplemental instruction claimed pursuant to Sections 37252 and 37252.5 by the pupil hour allowance specified in subdivision (c) or by a pupil hour allowance specified in the annual Budget Act in lieu of the amount computed in subdivision (c). (b) Multiply the number of pupil hours of supplemental instruction claimed pursuant to Sections 37252.6 and 37253 by the pupil hour allowance specified in subdivision (c) or by a per-pupil hour allowance specified in the annual Budget Act in lieu of the amount computed in subdivision (c). The total number of pupil hours of supplemental instruction that may be claimed pursuant to Section 37253 may not exceed the limits on pupil hours that may be claimed as established by subdivisions (c) and (d) of Section 37253. The total number of pupil hours of supplemental instruction that may be claimed pursuant to Section 37252.6 may not exceed the limits on pupil hours that may be claimed as established in subdivision (g) of that section. (c) Commencing with the 2000-01 fiscal year, hours of supplemental instruction shall be reimbursed at a rate of three dollars and 25 cents ($3.25) per pupil hour, adjusted in future years as specified in this section, provided that a different reimbursement rate may be specified for each fiscal year in the annual Budget Act that appropriates funding for that fiscal year. This amount shall be increased annually by the percentage increase pursuant to subdivision (b) of Section 42238.1 granted to school districts or charter schools for base revenue limit cost-of-living increases. (d) (1) If appropriated funding is insufficient to pay all claims made in any fiscal year pursuant to Section 37252 or 37252.5, the superintendent shall use any available funding appropriated for the purposes of reimbursing school districts pursuant to Section 37252, 37252.5, or subdivision (d) of Section 37253. (2) If appropriated funding is still insufficient to pay all claims made in any fiscal year pursuant to Section 37252 or 37252.5, the superintendent shall use any available funding appropriated for the purposes of reimbursing school districts for supplemental instruction in the prior fiscal year. (3) If appropriated funding is still insufficient to pay all claims made in any fiscal year pursuant to Section 37252 or 37252.5, the superintendent shall use any available funding appropriated for the purposes of reimbursing school districts for supplemental instruction in the current fiscal year. (4) The superintendent shall notify the Director of Finance whenever it is necessary to use available funding for supplemental instruction pursuant to this subdivision. The notice shall specify the dollar amount of claims that were met, the section for which the claims were submitted, and the item of appropriation that was used. (5) The superintendent shall notify the Director of Finance that there is a deficiency of funding appropriated for the purposes of Sections 37252 and 37252.5 only after the superintendent has exhausted all available balances of appropriations made for the current or prior fiscal years for the reimbursement of school districts for supplemental instruction. (e) Notwithstanding any other provision of law, neither the State Board of Education nor the Superintendent of Public Instruction may waive any provision of this section.