BILL NUMBER: AB 65 CHAPTERED 09/20/02 CHAPTER 730 FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2002 APPROVED BY GOVERNOR SEPTEMBER 20, 2002 PASSED THE ASSEMBLY AUGUST 29, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 26, 2002 AMENDED IN SENATE AUGUST 5, 2002 AMENDED IN SENATE AUGUST 28, 2001 AMENDED IN SENATE JULY 3, 2001 AMENDED IN ASSEMBLY APRIL 16, 2001 INTRODUCED BY Assembly Member Strom-Martin DECEMBER 7, 2000 An act to add Article 1 (commencing with Section 51700) to Chapter 5 of Part 28 of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST AB 65, Strom-Martin. Reading First Plan. Under existing law, the required course of study for grades 1 to 6, inclusive, includes instruction in English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition. This bill would establish the Reading First Plan to provide reading instruction to pupils in kindergarten and grades 1 to 3, inclusive, and to special education pupils in kindergarten and grades 1 to 12, inclusive. Under the bill, the State Department of Education would administer the program that would be funded from moneys allocated pursuant to the federal No Child Left Behind Act of 2001. The bill would require the plan submitted pursuant to the federal act to authorize a local educational agency to use specific instructional materials and to receive grants of up to $6,500 per teacher in kindergarten and any of grades 1 to 3, inclusive, to enhance reading instruction. The bill would authorize up to $6,600,000 of federal funds appropriated in the annual Budget Act for the Reading First Plan to be allocated annually, pursuant to a schedule, to reading implementation centers identified in the state's Reading First Plan and to 6 regional lead agencies for technical assistance, and for other specified purposes in accordance with the Reading First Plan. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) California's reading efforts are based on high expectations for all pupils. (b) State adopted English language arts content standards, newly adopted instructional programs for reading and language arts, and professional development programs for teachers and principals are centered around the scientific research on how children learn to read. (c) The Reading First Program established pursuant to this act will assist California in its efforts to target high-need local education agencies to ensure that all pupils in California learn to read by the end of the third grade. SEC. 2. Article 1 (commencing with Section 51700) of Chapter 5 of Part 28 is added to the Education Code, to read: Article 1. Reading First Plan 51700. (a) There is hereby established the Reading First Plan to provide reading instruction to pupils in kindergarten and grades 1 to 3, inclusive, and to special education pupils in kindergarten and grades 1 to 12, inclusive. (b) The plan shall be administered by the State Department of Education and shall be funded from moneys allocated pursuant to Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). (c) The Reading First Plan submitted to the Secretary of Education pursuant to Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) shall do all of the following: (1) Authorize a local educational agency that meets all the requirements of Section 6362(c)(6) of Title 20 of the United States Code to be eligible for Reading First funding if pupils enrolled in kindergarten or any of grades 1 to 3, inclusive, and special education pupils enrolled in kindergarten or any of grades 1 to 12, inclusive, are provided with standards-aligned textbooks or basic instructional materials aligned with the reading/language arts content standards pursuant to Section 60605 by the beginning of the first school term that commences no later than 24 months after those materials are adopted by the State Board of Education. (2) Authorize a local educational agency to use scientifically based reading research supplemental instructional materials for pupils enrolled in kindergarten or any of grades 1 to 3, inclusive, and special education pupils enrolled in kindergarten or any of grades 1 to 12, inclusive, that are aligned with the reading/language arts content standards adopted pursuant to Section 60605. The local educational agency shall provide an explanation in its application of how its use of these supplemental instructional materials support the reading/language arts instructional materials adopted by the State Board of Education for pupils enrolled in kindergarten or any of grades 1 to 3, inclusive, and special education pupils enrolled in kindergarten or any of grades 1 to 12, inclusive. (3) Authorize an eligible local educational agency to receive a grant in the amount of up to six thousand five hundred dollars ($6,500) per teacher in kindergarten or in any of grades 1 to 3, inclusive, unless otherwise required pursuant to Section 6362(c)(2) (A) of Title 20 of the United States Code. In addition, to the extent that a local educational agency needs additional funding consistent with the maximum amount allowable under the federal No Child Left Behind Act (20 U.S.C. 6301 et. seq.), authorize the local educational agency to submit a plan justifying that need to the State Department of Education and the Department of Finance for their joint approval. A grant awarded pursuant to this paragraph shall be used to enhance reading instruction, including, but not limited to, the following purposes: (A) Purchasing and implementing scientifically based reading research instructional and supplemental materials in reading language arts, pursuant to requirements specified in the Reading First Plan and paragraph (2). (B) Participating in professional development in reading and language arts, pursuant to requirements specified in the Reading First Plan. A Reading First funded agency may not claim funding for teachers of kindergarten or any of grades 1 to 3, inclusive, or teachers of special education pupils for the Mathematics and Reading Professional Development Program established pursuant to Article 3 (commencing with Section 99230) of Chapter 5 of Part 65. (C) Hiring reading coaches or reading content experts, or both. (D) Purchasing reading and language arts assessments. (E) Other purposes, as specified in Section 6362(c)(7) of Title 20 of the United States Code. (e) A local educational agency shall submit an expenditure plan as part of its Reading First application include details about how it is going to use its funding. 51702. Of the federal funds appropriated in Item 6110-126-0890 of Section 2.00 of the annual Budget Act for the Reading First Plan, up to six million six hundred thousand dollars ($6,600,000) may be allocated annually in the following manner: (a) The sum of five million dollars ($5,000,000) to the reading implementation centers, as identified in the Reading First Plan, to provide technical assistance to local educational agencies for the purpose of enhancing reading instruction. The amount of funding that each reading implementation center receives shall be contingent upon an expenditure plan being submitted to, and reviewed by, the State Department of Education, and being approved by the State Board of Education. (b) The sum of one million three hundred fifty thousand dollars ($1,350,000) to the six regional lead agencies established pursuant to Section 51871 for startup costs and to increase capacity in order to become a reading implementation center. The six regional lead agencies need not be identified in the Reading First Plan. (c) The sum of two hundred fifty thousand dollars ($250,000) to be used for all of the following in accordance with the Reading First Plan: (1) Developing materials and assessments for training teachers. (2) Ensuring that professional development for teachers and instruction for pupils is consistent in quality and delivery. (3) Providing assistance to local educational agencies to startup reading implementation centers.