BILL NUMBER: AB 2130 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 28, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 13, 2002
AMENDED IN SENATE JUNE 28, 2002
AMENDED IN ASSEMBLY APRIL 16, 2002
INTRODUCED BY Assembly Member Simitian
(Principal coauthor: Senator Escutia)
(Coauthor: Assembly Member Alquist)
FEBRUARY 20, 2002
An act to amend Sections 37252.6, 42239, and 42239.1 of, and to
repeal Section 37252.2 of, the Education Code, relating to pupil
instruction.
LEGISLATIVE COUNSEL'S DIGEST
AB 2130, 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.
(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.
This bill would delete the repeal of the provision that would
otherwise be repealed on January 1, 2003, thereby resulting in the
continuation of that program. The bill would make other conforming
changes in related provisions.
(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
supplemental 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.
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 37252.6 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. 3. 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
twenty-five 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,
Section 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.
SEC. 4. Section 42239.1 of the Education Code is amended to read:
42239.1. (a) For the 1999-2000 fiscal year and each fiscal year
thereafter, each school district shall be eligible for reimbursement
for hours of pupil attendance claimed for intensive reading programs
offered pursuant to Article 1 (commencing with Section 53025) of
Chapter 16 of Part 28 of the Education Code in an amount up to 10
percent of the district's total enrollment in kindergarten and grades
1 to 4, inclusive, for the prior fiscal year multiplied by 120
hours, multiplied by the hourly rate for the current fiscal year
determined pursuant to subdivision (c) of Section 42239. This amount
shall be provided in addition to amounts claimed pursuant to
Sections 37252, 37252.5, 35252.6, and 37253.
(b) When expending funds received pursuant to this section a
school district shall give first priority for the purpose specified
in paragraph (1) of subdivision (c) of Section 53027.
SEC. 5. This act shall only become operative if Senate Bill 1671
of the 2001-02 Regular Session is also chaptered and becomes
operative.