BILL NUMBER: SB 508 CHAPTERED 05/16/02 CHAPTER 42 FILED WITH SECRETARY OF STATE MAY 16, 2002 APPROVED BY GOVERNOR MAY 15, 2002 PASSED THE SENATE MAY 8, 2002 PASSED THE ASSEMBLY APRIL 11, 2002 CONFERENCE REPORT NO. 1 PROPOSED IN CONFERENCE APRIL 8, 2002 AMENDED IN ASSEMBLY JULY 17, 2001 AMENDED IN ASSEMBLY JULY 14, 2001 AMENDED IN ASSEMBLY JULY 12, 2001 AMENDED IN ASSEMBLY JUNE 20, 2001 AMENDED IN ASSEMBLY JUNE 14, 2001 AMENDED IN SENATE JUNE 5, 2001 AMENDED IN SENATE JUNE 4, 2001 AMENDED IN SENATE MAY 3, 2001 AMENDED IN SENATE APRIL 23, 2001 AMENDED IN SENATE APRIL 16, 2001 INTRODUCED BY Senators Vasconcellos and Ortiz (Principal coauthors: Assembly Members Steinberg and Diaz) FEBRUARY 22, 2001 An act to amend Sections 52054, 52055.600, 52055.605, 52055.610, 52055.615, 52055.620, 52055.625, 52055.640, 52055.645, 52055.655, and 52058 of, and to add Section 52055.656 to, the Education Code, and to amend Item 6110-485 of Section 2.00 of the Budget Act of 2001 (Chapter 106 of the Statutes of 2001), relating to education, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 508, Vasconcellos. Education: pupils. Existing law establishes the Public Schools Accountability Act of 1999, which contains the Immediate Intervention/Underperforming Schools Program (IIUSP) and requires a school district that participates in the IIUSP to contract with an external evaluator to assist the school in the development of its school action plan. This bill would authorize a school participating in the IIUSP to alternatively contract with an entity that has proven, successful expertise specific to the challenges inherent in low-performing schools instead of contracting with an external evaluator. Existing law establishes the High Priority Schools Grant Program for Low Performing Schools (High Priority Program) within the Public Schools Accountability Act of 1999. Existing law requires a school that applies to participate in the federal Comprehensive School Reform Demonstration Program but does not participate because there are insufficient funds to allow the school to participate to be automatically approved for participation in the High Priority Program. Under existing law the Superintendent of Public Instruction is required to allocate $200 per pupil to eligible schools for implementation of a school action plan under the program. This bill would condition the automatic approval for participation in the High Priority Program on the school's completion of an action plan for participation in the federal program that meets certain requirements that a plan is required to meet for purposes of the IIUSP. The bill would also modify the deadlines for submission and approval of a school action plan during the 2001-02 fiscal year. The bill would increase to $400, including funds received under the federal Comprehensive School Reform Demonstration Program and other specified provisions, the amount of per pupil funding provided under the program. Existing law requires a school action plan developed for purposes of the High Priority Program to include a pupil literacy and achievement component that contains a strategy to achieve certain goals, among which is that each English learner will demonstrate increased performance on the English language development test and the statewide achievement tests. This bill would change that goal so that English learners rather than each English learner will demonstrate that increased performance. Existing law encourages a school participating in the High Priority Program to assess the academic progress of pupils on an annual basis and authorizes the use of any curriculum-based achievement test for that purpose. This bill would condition this use of a curriculum-based achievement test to those that are proven to be valid and reliable. Existing law requires the State Department of Education to conduct a study on the issue of sustainability of funding for low-performing schools and requires the study to include an analysis of the ability of a school to sustain growth in academic achievement, particularly when the pupil population that continuously attends the school manifests issues of poverty and low socioeconomic status, and other characteristics that are generally out of the direct control of the school. The bill would, instead, require the study to include, among other things, (1) a description of the ongoing needs of low-performing schools and the sources of funding schools have used to meet these needs, (2) an analysis of the use and effectiveness of funds provided pursuant to the High Priority Program, and (3) an assessment of whether local, state, and federal resources are likely to be sufficient to sustain all or some of the academic improvements initiated in low-performing schools after funding made available pursuant to the High Priority Program expires. The bill would require each school district with schools participating in the High Priority Schools Grant Program for Low Performing Schools to submit to the Superintendent of Public Instruction an evaluation of the impact, costs, and benefits of the program as it relates to the school district and the schools under its jurisdiction that are participating in the program, as prescribed. The bill would require the Superintendent of Public Instruction to develop and the State Board of Education to approve, the guidelines for a request for proposal for an independent evaluator to prepare a multiyear comprehensive evaluation of the implementation, impact, costs, and benefits of the program, and to disseminate the results of that report to the Legislature, the Governor, and interested parties, as prescribed. Existing law requires that certain funds be allocated to school districts, county offices of education, and charter schools on the basis of an equal amount per unit of average daily attendance, including average daily enrollment in preschool and child care programs operated on schoolsites. Existing law sets forth the method for determining the average daily enrollment of children served in preschool and child care development programs. This bill would specify that these funds are to be allocated to local education agencies and that the preschool and child care programs whose average daily enrollment is used to determine the amount to be allocated are required to be operated by local education agencies under contract with the Child Development Division of the State Department of Education. The bill would revise the method for determining the average daily enrollment of children served in preschool and child care development programs. The bill would define "schoolsite" for purposes of this provision. The bill would make technical and conforming changes. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 52054 of the Education Code is amended to read: 52054. (a) Commencing in the 2001-02 fiscal year, by November 15 of the year that the school is selected to participate, the governing board of a school district having jurisdiction over a school selected for participation in the program shall do one of the following: (1) Contract with an external evaluator from the list of external evaluators and shall appoint a broad-based schoolsite and community team, consisting of a majority of nonschoolsite personnel. In a school that has a limited-English-proficient pupil population that constitutes at least 40 percent of the total pupil population, an external evaluator shall have demonstrated experience in working with a limited-English-proficient pupil population. Not less than 20 percent of the members of the team shall be parents or legal guardians of pupils in the school. (2) Contract with an entity that has proven, successful expertise specific to the challenges inherent in low-performing schools. These entities may include, but are not limited to, the following: (A) Institutions of higher education. (B) County offices of education. (C) School district personnel. (b) The selected external evaluator or entity shall solicit input from the parents and legal guardians of the pupils of the school. At a minimum, the evaluator or entity shall do all of the following: (1) Inform the parents and legal guardians, in writing, that the school has been selected to participate in the Immediate Intervention/Underperforming Schools Program due to its below average performance. (2) Hold a public meeting at the school, in cooperation with the principal, to which all parents and legal guardians of pupils in the school receive a written invitation. The invitation to the meeting may be combined with the written notice required by paragraph (1). (3) Solicit, at the public meeting, the recommendations and opinions of the participating parents and legal guardians of pupils in the school regarding actions that should be taken to improve the performance of the school. These opinions and recommendations shall be considered by the external evaluator or entity and the community team in the development or modification of the action plan pursuant to this section or Section 52054.3. (4) Provide technical assistance to the schoolsite. (5) Notify all parents and legal guardians of pupils in the school of their opportunity to provide written recommendations of actions that should be taken to improve the performance of the school which shall be considered by the external evaluator or entity and the community team in the development or modification of the action plan pursuant to this section or Section 52054.3. Notice required by this subdivision may be combined with the written notice required by paragraph (1). (c) By February 15 of the school year in which the school is selected to participate, the selected external evaluator or entity, in collaboration with the broad-based schoolsite and community team selected pursuant to subdivision (a), shall complete a review of the school that identifies weaknesses that contribute to the school's below average performance, make recommendations for improvement, and begin to develop an action plan to improve the academic performance of the pupils enrolled at the school. The action plan shall include percentage growth targets at least as high as the annual growth targets adopted by the State Board of Education pursuant to Section 52052. The action plan shall include an expenditure plan and shall be of a scope that does not require expenditure of funds in excess of those provided pursuant to this article or otherwise available to the school. The action plan may not be of a scope that requires reimbursement by the Commission on State Mandates for its implementation. (d) At a minimum, the action plan shall do all of the following: (1) Review and include the school and district conditions identified in the school accountability report card pursuant to Section 33126. (2) Identify the current barriers at the school and district toward improvements in pupil achievement. (3) Identify schoolwide and districtwide strategies to remove these barriers. (4) Review and include school and school district crime statistics, in accordance with Section 628.5 of the Penal Code. (5) Examine and consider disaggregated data regarding pupil achievement and other indicators to consider whether all groups and types of pupils make adequate progress toward short-term growth targets and long-term performance goals. The disaggregated data to be included and considered by the plan shall, at a minimum, provide information regarding the achievement of English language learners, pupils with exceptional needs, pupils who qualify for free and reduced price meals, and pupils in numerically significant subgroups. (6) Set short-term academic objectives pursuant to Section 52052 for a two-year period that will allow the school to make adequate progress toward the growth targets established for each participating school for pupil achievement as measured by all of the following to the extent that the data is available for the school: (A) The achievement test administered pursuant to Section 60640. (B) Graduation rates for grades 7 to 12, inclusive. (C) Attendance rates for pupils and school personnel for elementary, middle, and secondary schools. (D) Any other indicators approved by the State Board of Education. (e) The school action plan shall focus on improving pupil academic performance, improving the involvement of parents and guardians, improving the effective and efficient allocation of resources and management of the school, and identifying and developing solutions that take into account the underlying causes for low performance by pupils. (f) The team, in the development of the action plan, shall consult with the exclusive representatives of employee organizations, where they exist. (g) The school action plan may propose to increase the number of instructional days offered at the schoolsite and also may propose to increase up to a full 12 months the amount of time for which certificated employees are contracted, if all of the following conditions are met: (1) Provisions of the plan proposed pursuant to this subdivision shall not violate current applicable collective bargaining agreements. (2) An agreement is reached with the exclusive representative concerning staffing specifically to accommodate the extended school year or 12-month contract. (h) The team, in the development of the action plan, shall consult with the exclusive representatives of employee organizations, where they exist. (i) Upon its completion, the action plan shall be submitted to the governing board of the school districts for its approval at a regularly scheduled public meeting. After the plan is approved, but no later than May 15 of the year that follows the year the school is selected to participate, the plan shall be submitted to the Superintendent of Public Instruction with a request for funding in the form prescribed by the Superintendent of Public Instruction, who shall review the school action plan and recommend approval or disapproval of the school's request for funding to the State Board of Education. (j) Not later than July 15 of the year next following the year in which a school is selected for participation, the State Board of Education shall review and approve or disapprove the school's request for funding, based on the recommendation of the Superintendent of Public Instruction. Within 30 days of the State Board of Education's review, the Superintendent of Public Instruction shall notify the effected school districts of the state of the board's action regarding the request for funding. In conjunction with its approval of a request for funding to implement a school's action plan, the State Board of Education may, at the request of the governing board of the school district or the county board of education for a school under its jurisdiction, waive all or any part of any provision of this code, or any regulation adopted by the State Board of Education, controlling any of the programs listed in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 54761 and Section 64000 if the waiver does not result in a decrease in the instructional time otherwise required by law or regulation or an increase in state costs and is determined to be consistent with subdivision (a) of Section 46300. SEC. 2. Section 52055.600 of the Education Code is amended to read: 52055.600. (a) The High Priority Schools Grant Program for Low Performing Schools is hereby established. Participation in this program is voluntary. (b) From funds made available for purposes of this article, the Superintendent of Public Instruction shall allocate a total of four hundred dollars ($400) per pupil, including funds received pursuant to Section 52054.5 or for the Comprehensive School Reform Demonstration Program (Public Law 105-78), to eligible schools for implementation of a school action plan approved pursuant to this article. In the first year of participation, instead of four hundred dollars ($400) per pupil, a schoolsite may receive a total of thirty-three dollars and thirty-three cents ($33.33) per pupil for each month remaining in the fiscal year ending June 30, 2003, beginning in the month immediately following the date of approval by the State Board of Education of the action plan required pursuant to this article. If the plan is not approved prior to the end of the fiscal year, the funding shall be similarly prorated in the subsequent year. (c) It is the intent of the Legislature that federal funding provided pursuant to the Comprehensive School Reform Demonstration Program (P.L. 105-78) supplement, not supplant, funding received pursuant to this article. (d) Funds received pursuant to this article may not be used to match funds received pursuant to Article 3 (commencing with Section 52053). (e) The school district shall keep fiscal records available for inspection that affirm allocation to schoolsites in accordance with this section and shall allocate resources in a manner that does not delay their use. SEC. 3. Section 52055.605 of the Education Code is amended to read: 52055.605. (a) The Superintendent of Public Instruction, with the approval of the State Board of Education, shall identify schools ranked in deciles 1 to 5, inclusive, on the Academic Performance Index (API). (b) The Superintendent of Public Instruction shall invite schools identified pursuant to subdivision (a) to participate in the High Priority Schools Grant Program for Low Performing Schools. Notwithstanding subdivision (h) of Section 52053, in order to be eligible for funding from the High Priority Schools Grant Program for Low Performing Schools, a school shall also participate in the Immediate Intervention/Underperforming Schools Program. A school participating in both programs may elect to submit only one application and one plan for both programs. A school participating in the Immediate Intervention/Underperforming Schools Program before the date of the enactment of the act adding this section is also eligible for participation in the High Priority Schools Grant Program for Low Performing Schools. (c) First priority for participation in the High Priority Schools Grant Program for Low Performing Schools shall be given to schools ranked on the API in decile 1. Second priority shall be given to schools in decile 2. Third priority shall be given to schools in decile 3. Fourth priority shall be given to schools in decile 4. Fifth priority shall be given to schools in decile 5. Within each decile, priority shall be given to the lowest ranked schools. (d) Notwithstanding any other provision of law and if funds are available for this purpose, the number of schools within the designated cohorts of the Immediate Intervention/Underperforming Schools Program pursuant to Section 52053 may exceed the maximum numbers specified in that section in order to participate in the program established pursuant to this article. (e) If a school ranked in decile 1 of the API completes the action plan required as part of the application to participate in the federal Comprehensive School Reform Demonstration Program (P.L. 105-78), but there are insufficient funds to allow that school to participate in that program, so long as the action plan meets the requirements of subdivisions (d) and (e) of Section 52054, that school shall be automatically approved to the extent funding is available for participation in the Immediate Intervention/Underperforming Schools Program and shall be deemed to have complied with the requirements of Section 52054. (f) The State Board of Education may allow continuation high schools to apply for and receive funding pursuant to this article if those continuation high schools report pupil performance that is equivalent to that of high schools ranked in deciles 1 and 2 on the Academic Performance Index and the board determines that the state will be able to adequately determine growth in pupil performance in a valid and reliable manner for the purpose of accountability pursuant to this article. The State Board of Education may establish a limit on the number of continuation high schools that may be funded to reflect their proportion of low-performing pupils in grades 9 to 12, inclusive, and may adopt criteria limiting the eligibility for funding, pursuant to this article, of continuation high schools with a high level of per pupil funding from the continuation high school revenue limit add-on. SEC. 4. Section 52055.610 of the Education Code is amended to read: 52055.610. (a) Fourteen days after the effective date of the act adding this section, the Superintendent of Public Instruction shall establish a procedure that is consistent with this article for the approval of applications and school action plans. (b) Notwithstanding the existing application process established pursuant to Article 3 (commencing with Section 52053), in developing an action plan to be submitted with the application for funding pursuant to this article, a school may choose from the following options: (1) A school district on behalf of an eligible school under its jurisdiction may elect to receive fifty thousand dollars ($50,000) as a planning grant from funds appropriated for purposes of this article. These planning grant funds shall be used for technical assistance in the development of the school action plan. Technical assistance includes assistance provided by school district personnel, county offices of education, universities, a state approved external evaluator, or any other entity that has proven successful expertise specific to the challenges inherent in low-performing schools. If the school action plan is approved, the Superintendent of Public Instruction shall provide funding for its implementation. Planning grant funds, as well as other funds available to school districts pursuant to this article, may be used for on-going technical assistance throughout the implementation of the action plan and continued participation in the program established pursuant to Article 3 (commencing with Section 52053) and the program established pursuant to this article. (2) A school district, on behalf of an eligible school under its jurisdiction, may elect to forego the fifty thousand dollars ($50,000) planning grant and immediately submit its application and school action plan. If a school chooses this option, the Superintendent of Public Instruction shall take one of the following actions: (A) Recommend approval of the application by the State Board of Education and action plan and provide funding for implementation of the school action plan. (B) Request additional clarification and technical changes, after which the school and district shall resubmit the application and school action plan with the clarifications and changes for approval. If the application and school action plan is approved, the Superintendent of Public Instruction shall provide funding for implementation of the school action plan. (C) Disapprove the plan in which case a school district on behalf of an eligible school under its jurisdiction shall receive a fifty thousand dollars ($50,000) planning grant that shall be used for technical assistance in the redevelopment of the school action plan according to the department's recommendations. Technical assistance includes assistance provided by school district personnel, county offices of education, universities, a state approved external evaluator, or any other entity that has proven expertise specific to the challenges inherent in low-performing schools. (c) The following deadlines apply for the 2001-02 fiscal year: (1) A school district on behalf of an eligible school under its jurisdiction shall submit the application and school action plan to the Superintendent of Public Instruction for review and approval by May 15, 2002. (2) The Superintendent of Public Instruction shall make a recommendation to the State Board of Education regarding approval or disapproval of applications and school action plans by June 15, 2002. The State Board of Education shall approve or disapprove the application and action plan by June 30, 2002. Upon approval by the State Board of Education, the State Department of Education shall allocate funding to schools for the implementation of the action plan. If the State Board of Education fails to approve or disapprove the application and school action plan by June 30, 2002, the recommendation of the Superintendent of Public Instruction shall be deemed to be adopted and funding for implementation of the action plan shall be allocated. (3) If the Superintendent of Public Instruction takes the action specified in subparagraph (B) of paragraph (2) of subdivision (b), the school and school district shall resubmit the application and school action plan with the clarifications and changes for approval by August 1, 2002, and the Superintendent of Public Instruction shall make a recommendation to the State Board of Education regarding approval or disapproval by September 1, 2002. The State Board of Education shall approve or disapprove the application and action plan by September 30, 2002. If the action plan is approved, the department shall allocate funding to the school district on behalf of an eligible school under its jurisdiction for implementation of the action plan. If the State Board of Education fails to approve or disapprove the application and school action plan by September 30, 2002, the recommendation of the Superintendent of Public Instruction shall be deemed to be adopted and funding for implementation of the action plan. (4) A school district may request that the State Board of Education waive the deadlines set forth in this subdivision. The State Board of Education may grant a waiver request made pursuant to this paragraph. (d) If a school receives implementation funding during the same fiscal year it receives a fifty thousand dollar ($50,000) planning grant, the planning grant shall be deducted from the amount of implementation funding provided to the school pursuant to subdivision (b) of Section 52055.600. SEC. 5. Section 52055.615 of the Education Code is amended to read: 52055.615. (a) If the Superintendent of Public Instruction invites a school to participate in the High Priority Schools Grant Program for Low Performing Schools, the governing board of the school district shall hold a public hearing at a regularly scheduled meeting to discuss whether or not to apply for participation in this program and how to address the needs of the school and pupils. (b) If a school district, on behalf of an eligible school under its jurisdiction, decides not to accept the invitation to participate in the High Priority Schools Grant Program for Low Performing Schools, the governing board of the school district shall hold a public hearing at a regularly scheduled meeting to discuss the reasons and rationale for not accepting the invitation and explain how the district intends to address the needs of the school and pupils. This section does not apply to school districts with jurisdiction over schools for which the Superintendent of Public Instruction has indicated that funding would not be available. The governing board shall not place the discussion required pursuant to this subdivision on the consent calendar of the hearing. (c) The governing board shall notify, in writing, the following persons and entities of the public hearings required pursuant to subdivisions (a) and (b): (1) Representative parent organizations at the schoolsite, including the parent teacher association, parent teacher clubs, and schoolsite councils. The district is encouraged also to notify parents directly through appropriate means. Notifications to parents shall comply with Article 4 (commencing with Section 48985) of Chapter 6 of Part 27. (2) All local major media outlets. (3) The local mayor. (4) All members of the city council. (5) All members of the county board of supervisors. (6) County superintendents of schools. (7) County board of education. SEC. 6. Section 52055.620 of the Education Code is amended to read: 52055.620. (a) As a condition of the receipt of funds, a school action plan shall be based upon the following: (1) It shall be based on scientifically based research, effective practices, and be data driven. (2) It shall include ongoing data gathering for the purposes of this program so that progress can be measured and verified and the plan can be modified based on the data. (3) It shall be grounded in the findings from an initial needs assessment. (4) It shall evidence a commitment by the school community to implement the plan. The plan shall describe how this commitment will be evidenced. (5) It shall make clear that there is a heightening of expectations on the part of all personnel associated with the schoolsite that all children can learn and every school can succeed. (6) It shall ensure that an environment that is conducive to teaching and learning is provided at the schoolsite. (7) It shall identify additional human, financial, and other resources available to the school to be used in the implementation of the school action plan. (b) (1) The action plan shall be developed, in partnership with the school district, by the schoolsite council, as defined in Section 52012, or if the school does not have a schoolsite council, by a schoolwide advisory group or school support group that conforms to the requirements of Section 52012 and whose members are self-selected. (2) Notwithstanding paragraph (1), a school participating in the Immediate Intervention/Underperforming Schools Program prior to the effective date of the act adding this section may continue using its school action team for purposes of developing an action plan pursuant to this article. (c) In developing a school action plan, the school and school district shall use the technical assistance from school district personnel, county offices of education, universities, a state approved external evaluator, or any other person or entity that has proven successful expertise specific to the challenges inherent in low-performing schools. In addition, the school and district may include an individual to facilitate the activities related to the development of this plan. (d) The action plan shall include a strategy, jointly developed by the school district and the exclusive bargaining representative of the certificated employees of the district, for addressing the distribution of experienced credentialed teachers throughout the district, including an agreement by the district and the exclusive bargaining representative of the certificated staff on how they are going to achieve a balance in that distribution. This collaboration shall take place outside of collective bargaining and shall strive to develop a strategy that will attract and retain equal ratios of credentialed teachers at each school in the district. This collaboration shall include discussions on ways to maximize current options to recruit credentialed teachers to the district, use of regional recruitment centers, ensuring that newly hired credentialed teachers are assigned in alignment with the goal of even distribution of credentialed teachers, and ensuring that low-performing schools provide a necessary teaching and learning environment to retain a fully credentialed teaching staff. (e) The action plan may include any existing plan a school may have developed for another program, that may include existing strategies that meet the requirements of the essential components of a school action plan specified in Section 52055.625. SEC. 7. Section 52055.625 of the Education Code is amended to read: 52055.625. (a) It is the intent of the Legislature that the lists contained in paragraph (2) of subdivisions (c), (d), (e), and (f) be considered options that may be considered by a school in the development of its school action plan and that a school not adopt all of the listed options as a condition of funding under the terms of this act. Instead, this listing of options is intended to provide the opportunity for focus and strategic planning as schools plan to address the needs of low-performing pupils. (b) As a condition of the receipt of funds, a school action plan shall include each of the following essential components: (1) Pupil literacy and achievement. (2) Quality of staff. (3) Parental involvement. (4) Facilities, curriculum, instructional materials, and support services. (c) (1) The pupil literacy and achievement component shall contain a strategy to focus on increasing pupil literacy and achievement, with necessary attention to the needs of English language learners. At a minimum, this strategy shall include a plan to achieve the following goals: (A) Each pupil at the school will be provided appropriate instructional materials aligned with the academic content and performance standards adopted by the State Board of Education as required by law. (B) Each significant subgroup at the school will demonstrate increased achievement based on API results by the end of the implementation period. (C) English language learners at the school will demonstrate increased performance based on the English language development test required by Section 60810 and the achievement tests required pursuant to Section 60640. (2) To achieve the goals in paragraph (1), a school in its action plan may include, among other things, any of the following options: (A) Selective class size reduction in key curricular areas provided this does not result in a decrease in the proportion of experienced credentialed teachers at the schoolsite. (B) Increased learning time in key curricular areas identified as needing attention, including mathematics. (C) Targeted intensive reading instruction utilizing reading capacity-level materials that may include, but are not limited to, the following strategies: (i) The development of a reading competency program for pupils in grades 5 to 8, inclusive, whose reading scores are at or below the 40th percentile or in the two lowest performance levels, as adopted by the State Board of Education, on the reading portion of the achievement test, authorized by Section 60640. This program may include direct instruction in reading at grade level utilizing the English language arts content standards adopted pursuant to Section 60605. Additionally, this program may offer specialized intervention that utilizes state approved instructional materials adopted pursuant to Section 60200. It is the intent of the Legislature, as a recommendation, that this curriculum consist of at least one class period during the regular schoolday taught by a teacher trained in the English language arts standards pursuant to Section 60605. It is also the intent of the Legislature, as a recommendation, that periodic assessments throughout the year be conducted to monitor the progress of the pupils involved. (ii) The use of a library media teacher to work cooperatively with every teacher and principal at the schoolsite to develop and implement an independent and free reading program, help teachers determine a pupil's reading level, order books that have been determined to meet the needs of pupils, help choose books at pupils' independent reading levels, and assure that pupils read a variety of genres across all academic content areas. For purposes of this article, "library media teacher" means a classroom teacher who possesses or is in the process of obtaining a library media teacher services credential consistent with Section 44868. (D) Mentoring programs for pupils. (E) Community, business, or university partnerships with the school. (d) (1) The quality of staff component shall contain a strategy to attract, retain, and fairly distribute the highest quality staff at the school, including teachers, administrators, and support staff. At a minimum, this strategy shall include a plan to achieve the following goals: (A) An increase in the number of credentialed teachers working at that schoolsite. (B) An increase in or targeting of professional development opportunities for teachers related to the goals of the action plan and English language development standards adopted by the State Board of Education aligned with the academic content and performance standards, including, but not limited to, participation in professional development institutes established pursuant to Article 2 (commencing with Section 92220) of Chapter 5 of Part 65. (C) By the end of the implementation period, successful completion by the schoolsite administrators of a program designed to maximize leadership skills. (2) To achieve the goals in paragraph (1) a school may include in its action plan, among others, any of the following options: (A) Incentives to attract credentialed teachers and quality administrators to the schoolsite, including, but not limited to, additional compensation strategies similar to those authorized pursuant to Section 44735. (B) A school district preintern or intern program within which eligible emergency permit teachers located at the schoolsite would be required to participate, unless those individuals are already participating in another teacher preparation program that leads to the attainment of a valid California teaching credential. (C) Common planning time for teachers, administrators, and support staff focused on improving pupil achievement. (D) Mentoring for site administrators, peer assistance for credentialed teachers, and support services for new teachers, including, but not limited to, the Beginning Teacher Support and Assessment System. (E) Providing assistance and incentives to teachers for completion of professional certification programs and toward attaining BCLAD or CLAD certification. (F) Increasing professional development in state academic content and performance standards, including English language development standards. (e) (1) The parental involvement component shall contain a strategy to change the culture of the school community to recognize parents and guardians as partners in the education of their children and to prepare and educate parents and guardians in the learning and academic progress of their children. At a minimum, this strategy shall include a commitment to develop a school-parent compact as required by Section 51101 and a plan to achieve the goal of maintaining or increasing the number and frequency of personal parent and guardian contacts each year at the schoolsite and school-home communications designed to promote parent and guardian support for meeting state standards and core curriculum requirements. (2) To achieve the goals in subdivision (a), a school may in its action plan include, among others, any of the following options: (A) Parent and guardian homework support classes. (B) A program of regular home visits. (C) After school and evening opportunities for parents, guardians, and pupils to learn together. (D) Training programs to educate parents and guardians about state standards and testing requirements, including the high school exit examination. (E) Creation, maintenance, and support of parent centers located on schoolsites to educate parents and guardians regarding pupil expectations and provide support to parents and guardians in their efforts to help their children learn. (F) Programs targeted at parents and guardians of special education pupils. (G) Efforts to develop a culture at the schoolsite focused on college attendance, including programs to educate parents and guardians regarding college entrance requirements and options. (H) Providing more bilingual personnel at the schoolsite and at school related functions to communicate more effectively with parents and guardians who speak a language other than English. (I) Providing an opportunity for parents to monitor online, if the technology is available, and in compliance with applicable state and federal privacy laws, the academic progress and attendance of their children. (f) (1) The facilities, curriculum, instructional materials, and support services component shall contain a strategy to provide an environment that is conducive to teaching and learning and that includes the development of a high-quality curriculum and instruction aligned with the academic content and performance standards adopted pursuant to Section 60605 and the standards for English language development adopted pursuant to Section 60811 to measure progress made towards achieving English language proficiency. At a minimum, this strategy shall include the goal of providing adequate logistical support including, but not limited to, curriculum, quality instruction, instructional materials, support services, and supplies for every pupil. (2) To achieve the goal specified in paragraph (1), a school in its action plan may include, among others, any of the following options: (A) State and locally developed valid and reliable assessments based on state academic content standards. (B) Increased learning time in key curricular areas identified as needing attention, including mathematics. (C) The addition of more pupil support services staff, including, but not limited to, paraprofessionals, counselors, library media teachers, nurses, psychologists, social workers, speech therapists, audiologists, and speech pathologists. (D) Pupil support centers for additional tutoring or homework assistance. (E) Use of most current standards-aligned textbooks adopted by the State Board of Education, including materials for English language learners. (F) For secondary schools, offering advanced placement courses and courses that meet the requirements for admission to the University of California or the California State University. (g) A school action plan to improve pupil performance that is developed for participation in the program established pursuant to this article shall meet the requirements of subdivisions (d) and (e) of Section 52054 and this article. SEC. 8. Section 52055.640 of the Education Code is amended to read: 52055.640. (a) As a condition of the receipt of funds and to ensure that the school is progressing towards meeting the goals of each of the essential components of its school action plan, each year the school district shall submit a report to the Superintendent of Public Instruction that includes the following: (1) The academic improvement of pupils within the participating school as measured by the tests under Section 60640 and the progress made towards achieving English language proficiency as measured by the English language development test administered pursuant to Section 60810. (2) The improvement of distribution of experienced teachers holding a valid California teaching credential across the district. (3) The availability of instructional materials in core content areas that are aligned with the academic content and performance standards, including textbooks, for each pupil, including English language learners. (4) The number of parents and guardians presently involved at each participating schoolsite as compared to the number participating at the beginning of the program. (5) The number of pupils attending afterschool, tutoring, or homework assistance programs. (6) For participating secondary schools, the number of pupils who are enrolled in and successfully completing advanced placement courses, by type, and requirements for admission to the University of California or the California State University, including courses in algebra, biology, and United States or world history. (b) The report on the pupil literacy and achievement component shall be disaggregated by numerically significant subgroups, as defined in Section 52052, and English language learners and have a focus on improved scores in reading and mathematics as measured by the following: (1) The Academic Performance Index, including the data collected pursuant to tests that are part of the Standardized Testing and Reporting Program and the writing sample that is part of that program. (2) The results of the primary language test pursuant to Section 60640. (3) Graduation rates, when the methodology for collecting this data has been confirmed to be valid and reliable. (4) In addition, a school may use locally developed assessments to assist it in determining the pupil progress in academic literacy and achievement. (c) The report on the quality of staff component shall include, but not limited to, the following information: (1) The number of teachers at the schoolsite holding a valid California teaching credential or district or university intern certificate or credential compared to those teachers at the same schoolsite holding a preintern certificate, emergency permit, or waiver. (2) The number and ratio of teachers across the district holding a valid California teaching credential or district or university intern certificate or credential compared to those holding a preintern certificate, emergency permit, or waiver. (3) The number of principals having completed training pursuant to Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25. (4) The number of principals by credential type or years of experience and length of time at the schoolsite by years. (d) The report on the parental involvement component shall include explicit involvement strategies being implemented at the schoolsite that are directly linked to activities supporting pupil academic achievement and verification that the schoolsite has developed a school-parent compact as required by Section 51101. (e) All comparisons made in the reports required pursuant to this section shall be based on baseline data provided by the district and schoolsite in the action plan that is certified and submitted with the initial application. (f) To the extent that data is already reported to the Superintendent of Public Instruction, a school district need not include the data in the reports submitted pursuant to this section. (g) Before submitting the reports required pursuant to this section, the school district shall, at a regularly scheduled public meeting of the governing board, review a participating school's progress towards achieving those goals. SEC. 9. Section 52055.645 of the Education Code is amended to read: 52055.645. (a) For the purpose of evaluating academic growth in core curriculum areas and determining the efficacy of the school action plan, schools are strongly encouraged to assess the academic progress of pupils on an annual basis and to evaluate the results in order to determine whether changes to the schoolsite plan are needed. (b) In conducting these annual assessments, a school shall use the English language development test, administered pursuant to Section 60810 to measure progress towards achieving English language proficiency, where appropriate and the tests that are part of the Standardized Testing and Reporting Program. In addition, a school may use any curriculum-based achievement test to assess pupil growth if the test is proven to be valid and reliable. (c) The results of these annual assessments shall be reported annually to the school district. The State Board of Education may use these results as quantifiable measurements of significant growth when determining whether to grant a waiver for an additional year of funding. SEC. 10. Section 52055.655 of the Education Code is amended to read: 52055.655. (a) Notwithstanding subdivision (c) of Section 52055.650, a school participating in the High Priority Schools Grant Program for Low Performing Schools that meets or exceeds its API growth target shall continue to receive funding under this program in the amount specified in Sections 52054.5 and 52055.600 for one additional year of implementation, less the amount received pursuant to Section 52057. (b) From funds made available to the State Department of Education pursuant to the act adding this section, the State Department of Education shall conduct a study on the issue of sustainability of funding for low-performing schools. The issues to be addressed in this study shall include, but are not limited to, the following: (1) An objective rather than a comparative view of the necessity of sustaining supplemental funding over time to address the ongoing needs of low-performing pupils, and the impact of policies that only provide funding over a specified period of time. (2) A description of the ongoing needs of low-performing schools, as identified in needs assessments submitted pursuant to paragraph (3) of subdivision (a) of 52055.620 and the sources of funding schools used to meet these needs. (3) An analysis of the use of funds provided pursuant to this article and the effectiveness of that use in meeting the continued or changing needs of communities served by low-performing schools. This analysis shall include an evaluation of the growth in academic achievement realized by participating schools and the ability of those schools to sustain growth in academic achievement if funding is continued. (4) An assessment of whether local, state, and federal resources are likely to be sufficient to sustain all or some of the academic improvements made in low-performing schools after this state subsidy expires, taking into account prospects for the subsequent pupil population's incidence of poverty and low socioeconomic status. SEC. 11. Section 52055.656 is added to the Education Code, to read: 52055.656. (a) Each school district with schools participating in the High Priority Schools Grant Program for Low Performing Schools established pursuant to Section 52055.600 shall submit to the Superintendent of Public Instruction an evaluation of the impact, costs, and benefits of the program as it relates to the school district and the schools under its jurisdiction that are participating in the program and whether or not the schools met their growth targets, with an analysis of the reasons why the schools have or have not met those growth targets. Costs to develop and submit the evaluation shall be funded with resources provided pursuant to Article 3 (commencing with Section 52053). The evaluation shall be submitted by November 30, subsequent to the first full year of action plan implementation by participating schools, and on November 30, of each year thereafter. (b) By January 15, 2003, the Superintendent of Public Instruction shall develop, and the State Board of Education shall approve, the guidelines for a request for proposal for an independent evaluator as described in this subdivision. By June 30, 2003, the Superintendent of Public Instruction shall contract with an independent evaluator to prepare a multiyear comprehensive evaluation of the implementation, impact, costs, and benefits High Priority Schools Grant Program for Low Performing Schools. The preliminary results of the multiyear evaluation shall be disseminated to the Legislature, the Governor and interested parties no later than June 30, 2004. An interim report shall be disseminated to the Legislature, the Governor, and interested parties no later than June 30, 2005. The final comprehensive evaluation shall be disseminated to the Legislature, the Governor, and interested parties no later than June 30, 2006. The final report shall include recommendations for necessary or desirable modifications to the programs established pursuant to this chapter. (c) The evaluations shall consider all of the following: (1) Pupil performance data, including, but not limited to, results of assessments used to determine whether or not schools have made significant progress towards meeting their growth targets. (2) Program implementation data, including, but not limited to, a review of startup activities, community support, parental participation, staff development activities associated with implementation of the program, percentage of fully credentialed teachers, percentage of teachers who hold emergency credentials, percentage of teachers assigned outside their subject area of competence, the accreditation status of the school if appropriate, average size per grade level, and the number of pupils in a multitract year-round educational program. (3) (A) Pupil performance data, and its impact on the API, for each of the following subgroups: (i) English language learners. (ii) Pupils with exceptional needs. (ii) Pupils that qualify for free or reduced price meals and are enrolled in schools that receive funds under Chapter 1 of the federal Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (P.L. 100-290). (B) Information concerning individual pupils may not be disclosed in the process of preparing pupil performance data pursuant to this subdivision. SEC. 12. Section 52058 of the Education Code is amended to read: 52058. (a) Each school district with schools participating in the Immediate Intervention/Underperforming Schools Program established pursuant to Section 52053 shall submit to the Superintendent of Public Instruction an evaluation of the impact, costs, and benefits of the program as it relates to the school district and the schools under its jurisdiction that are participating in the program and whether or not the schools met their growth targets, with an analysis of the reasons why the schools have or have not met those growth targets. Costs to develop and submit the evaluation shall be funded with resources provided pursuant to Article 3 (commencing with Section 52053). The evaluation shall be submitted by November 30, subsequent to the first full year of action plan implementation by participating schools, and on November 30, of each year thereafter. (b) By January 15, 2000, the Superintendent of Public Instruction shall develop, and the State Board of Education shall approve, the guidelines for a request for proposal for an independent evaluator as described in this subdivision. By September 1, 2000, the Superintendent of Public Instruction shall contract with an independent evaluator to prepare a comprehensive evaluation of the implementation, impact, costs, and benefits of the Immediate Intervention/Underperforming Schools Program and the High Achieving/Improving Schools Program. The preliminary results of the evaluation shall be disseminated to the Legislature, the Governor, and interested parties no later than March 31, 2002, with a final report no later than June 30, 2002. The final report shall include recommendations for necessary or desirable modifications to the programs established pursuant to this chapter. (c) The evaluations shall consider all of the following: (1) Pupil performance data, including, but not limited to, results of assessments used to determine whether or not schools have made significant progress towards meeting their growth targets. (2) Program implementation data, including, but not limited to, a review of startup activities, community support, parental participation, staff development activities associated with implementation of the program, percentage of fully credentialed teachers, percentage of teachers who hold emergency credentials, percentage of teachers assigned outside their subject area of competence, the accreditation status of the school if appropriate, average class size per grade level, and the number of pupils in a multitrack year-round educational program. (3) (A) Pupil performance data, and its impact on the API, for each of the following subgroups: (i) English language learners. (ii) Pupils with exceptional needs. (iii) Pupils that qualify for free or reduced price meals and are enrolled in schools that receive funds under Chapter 1 of the federal Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (P.L. 100-290). (B) Information concerning individual pupils may not be disclosed in the process of preparing pupil performance data pursuant to this subdivision. (d) The Superintendent of Public Instruction shall recommend and the State Board of Education shall approve a schedule for biennial evaluations of the programs established pursuant to this chapter, subsequent to the evaluation required by this section. The biennial evaluations shall be submitted, with appropriate recommendations, by June 30 of every odd-numbered year, commencing with the year 2003. SEC. 13. Item 6110-485 of Section 2.00 of Chapter 106 of the Statutes of 2001, as amended by Chapter 1 of the Statutes of the 2001-02 Third Extraordinary Session, is amended to read: 6110-485--Reappropriation (Proposition 98) Depart- ment of Education. The sum of $319,271,000 is reappropriated from the Propo- sition 98 Reversion Account, for the following purposes: 0001--General Fund (1) $4,166,000 to the State Department of Edu- cation for the purpose of funding prior year Annual Parent Notification-Staff Development mandate claims pursuant to Chapter 929, Statutes of 1997. (3) $12,005,000 for transfer by the Controller to Section A of the State School Fund, for allocation by the Superintendent of Public Instruction to SELPAs to fully fund the 2000-01 Special Education average daily attendance increase. (5) $846,000 to the State Department of Edu- cation, for transfer to Section A of the State School Fund, to fully fund the 1999-00 deficit in the child nutrition program. (6) $1,281,000 to the State Department of Edu- cation, for transfer to Section A of the State School Fund to fully fund the 2000-01 deficit in the child nutrition program. (8) $10,000,000 on a one-time basis to the State Department of Education for Regional Occupational Centers and Pro- grams for equipment. (9) $1,000,000 to the State Department of Education for allocation to FCMAT to provide professional management assistance to the Emery Unified School District. (10) $200,000 to the State Department of Edu- cation for allocation to FCMAT to provide professional management assistance to school districts in West Contra Costa County. (11) $500,000 to the State Department of Edu- cation for allocation to FCMAT for the purposes of implementing the Student Friendly Services through Technology project. (12) $100,000 to the State Department of Edu- cation for the purpose of reimbursing districts for the cost of substitute educators pursuant to Section 44987.3 of the Education Code. (13) $15,000,000 to the State Department of Education for allocation to schools pursuant to Article 2 (commencing with Section 51120) of Chapter 1.5 of Part 28 of the Education Code (Nell Soto Parent/Teacher Involvement Program). (15) $62,505,000 as a contingency expenditure, to be authorized by the Department of Finance for transfer to the Controller as necessary for the reimbursement of state-mandated cost claims and interest submitted by school districts and county offices of education. These funds would be applied toward the minimum funding requirement for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution for the 2000-01 fiscal year. (16) $23,939,000 to the State Department of Edu- cation for the purpose of funding prior year school crimes reporting mandate claims pursuant to Chapter 759 of the Statutes of 1992 and Chapter 410 of the Statutes of 1995. (17) $8,590,000 to the State Department of Education for the purpose of funding ongoing mandates claims, excluding the School Bus Safety II mandate, pursuant to the enactment of mandates claims legislation during the 2001-02 Regular Session. (18) $4,500,000 for allocation to FCMAT for on- going fiscal oversight of school districts pursuant to Provision 4. (19) $4,500,000 to the State Department of Edu- cation for allocation to the Fiscal Crisis and Management Assistance Team for costs associated with administration of the California School Information Services Project. (20) $1,000,000 for allocation to the Fiscal Crisis and Management Assistance Team for the purpose of reviewing school district hiring practices, pursuant to Section 42127.85 of the Education Code. (21) $15,000,000 to the State Department of Edu- cation for the Principal Training Program pursuant to legislation enacted during the 2001-02 Regular Session related to providing professional development training to administrators. (22) $1,600,000 in one-time funding to the State Department of Education for the School Violence Reimbursement Project in the Grossmont Union High School District. (23) $3,500,000 in one-time funding to the State Department of Education for the purpose of supporting sustainability and evaluation activities by existing Teenage Pregnancy Prevention Grant Program grantees that received funding in 2001-02 pursuant to Section 8922 of the Education Code. Funding shall be distributed proportionate to the funding received in 2000-01. (24) $11,566,000 to the State Department of Edu- cation for the purpose of funding FCMAT's implementation of the local California School Information Services Project. (25) $635,000 to the State Department of Educa- tion for the Beginning Teacher Salary Program. (27) $5,500,000 to be set aside on a one-time basis pursuant to legislation enacted during the 2001-02 Regular Session for career/technical education services. (32) $110,000 on a one-time basis to the State Department of Education for grants to school districts and county offices of education pursuant to the gender equity train-the-trainer grant programs establ- ished pursuant to Section 224.5 of the Education Code. (33) $6,000,000 to the State Department of Education for the allo- cation on a one-time basis to imple- ment the High Tech High School Program pending enactment of legislation during the 2001-02 Regular Session. (36) $500,000 to the State Department of Edu- cation to allocate to school districts for one-time costs associated with the English Language Development Test. (37) $31,728,000 to the State Department of Education for the Mathematics and Reading Professional Development Program, pursuant to legislation enacted in the 2001-02 Regular Session. (39) $5,000,000 to be set aside on a one-time basis for the purpose of funding legis- lation related to establishing the California Information Technology Career Academy Grant Initiative. (40) $10,000,000 on a one-time basis to the State Department of Education to augment the School Safety Block Grant Program. (41) $3,000,000 to the State Department of Edu- cation to contract for the development of the High School Exit Exam Workbooks. (42) $75,000,000 to the State Department of Education to be allocated on a one-time basis for the purposes specified in Provision 8 of this item. Provisions: 1. The funds reappropriated in subdivision (24) of this item shall be transferred to FCMAT only if education telecommunications funds do not materialize. 3. The funds reappropriated in subdivision (12) of this item shall only be used to reimburse districts which request reimbursement pur- suant to Section 44987.3 of the Education Code. 4. Of the funds reappropriated in subdivision (18) of this item, $4,500,000 shall be allo- cated to FCMAT for purposes as follows: (a) $3,500,000 for the purposes of fully funding county office of education (COE) oversight activities pursuant to Chapter 1213 of the Statutes of 1991 and sub- sequent laws. These activities include, but are not limited to, conducting re- views, examinations, and audits of districts and providing written notifi- cations of the results at least annually by county offices of education on the fiscal solvency of the districts with disapproved budgets, qualified or negative certifications, or, pursuant to Section 42127.6 of the Education Code, districts facing fiscal uncertainty. Written noti- fications of the results of these reviews, audits, and examinations shall be provided at least annually to the district governing board, the Superintendent of Public Instruc- tion, the Director of Finance, and the Office of Secretary for Education. (b) $1,000,000 to fund reimbursement of COE activities pursuant to Provision 4 of Item 6110-107-0001 or for extraordinary costs of audits, examinations, or reviews of district budgets in cases where the COE has reason to believe fraud, misappropri- ation of funds, or other illegal fiscal practices require COE review. If the legislation is adopted in the 2001-02 legislative session regarding COE fiscal oversight activities, the funds in this provision may also be used for those purposes. Any unexpended funds provided under this paragraph may be allocated for the development and implementation of training in accordance with paragraph (2) of subdivision (d) of Section 42127.8 of the Education Code. (c) The amounts in subdivision (a) of this provision shall be distributed by a formula to be adopted by FCMAT in con- sultation with the California County Superintendent Educational Services Association and approved by the Department of Finance and the Super- intendent of Public Instruction. The amounts in subdivision (b) of this provision shall be distributed by FCMAT on an as-needed basis subject to approval by the Department of Finance and the Superintendent of Public Instruction. 7. The funds reappropriated in subdivision (22) of this item shall be allocated by the State Department of Education to the Grossmont Union High School District in San Diego County for the School Violence Reimbursement Project. The Grossmont Union High School District shall expend these funds to increase the ratio of adults to students on campus, including, but not limited to, school staff and faculty, community partners, school sec- urity personnel, school resource officers, and volunteers, and to fund a pilot program for a school violence prevention hotline to reduce the risks of acts of violence against students and staff. These funds may also be used to reimburse the Grossmont Union High School District for nonbudgeted expenses in- curred during the separate school campus shootings within the district in 2001. 8. (a) Of the funds reappropriated in subdivision (42) of this item up to $8,000,000 shall be set aside to provide a third year of Immediate Intervention/Underperforming Schools Program implementation grant funding for schools that received their first year of IIUSP implementation funding in 2000-01, if they meet the following conditions (1) have met their Academic Performance Index growth targets, pursuant to Section 52052 of the Education Code, for two consecutive years and (2) are not receiving funding through the Comprehensive School Reform Demonstration program and (3) they were in the first decile of the Academic Performance Index (API) in the 2000-01 fiscal year. The amount of funding provided to these schools for a third year of implementation shall be the amount specified in Section 52054.5 of the Education Code, less the amount received pursuant to Section 52057 of the Education Code. Notwithstanding Section 2.00 of the Budget Act of 2001 (Ch. 106, Stats. 2001), these funds shall be available through June 30, 2003. The balance of these funds shall be allocated to all local education agencies in the state on the basis of an equal amount per unit of average daily attendance, including average daily attendance attributable to regional occupational centers and programs and adult education programs, as reported on the second principal apportionment for the 2000-01 fiscal year, and average daily enrollment in preschool and child care programs operated on local educational agency schoolsites by local educational agencies under contract with the Child Development Division of the State Department of Education. For the purpose of determining the average daily enrollment of children served by local education agencies in preschool and child care development programs operated on their schoolsites, the Superintendent of Public Instruction shall divide a local education agency's total number of child days of enrollment in these programs in the 2000-01 school year by 175 days for a preschool program, 246 days for a general or migrant child care program, or 160 days for a schoolage community child care program to determine an average daily enrollment for the programs and allocate funds according to this average daily enrollment. Of the funds distributed for the purposes of this provision, each school district, county office of education, and charter school shall receive not less than $3,750 for each schoolsite within its jurisdiction. Each school district, county office of education, and charter school has discretion to allocate these funds within its jurisdiction, as each deems appropriate. (b) For purposes of this item, "schoolsite" means any public school that was a wholly self-contained site, with a separate county-district-school (CDS) code as maintained by the Superintendent of Public Instruction as of June 30, 2000, and that was in operation during the entire 2000-01 school year. Two or more schools that share a physical site or staff shall be considered a single schoolsite. (c) As a condition of receipt of funds provided in this item, school districts, county offices of education, and charter schools shall, in a local governing board resolution adopted in a regularly scheduled public meeting by the end of the 2001-02 fiscal year, identify energy conservation measures that result in a decrease in the amount of energy used by schools within the local education agency. The local governing board resolution shall also include a list of specific actions that will be carried out to achieve the reduction in energy use. Funds appropriated under this item may be used for energy conservation measures, increased energy costs, career/technical education one time purposes, or any other one time educational purpose. SEC. 14. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement this measure as expeditiously as possible, and to utilize available funding, it is necessary that this measure take effect immediately.