BILL NUMBER: AB 466 CHAPTERED 10/11/01 CHAPTER 737 FILED WITH SECRETARY OF STATE OCTOBER 11,2001 PASSED THE ASSEMBLY SEPTEMBER 14, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 AMENDED IN SENATE SEPTEMBER 10, 2001 AMENDED IN SENATE AUGUST 29, 2001 AMENDED IN SENATE AUGUST 22, 2001 AMENDED IN SENATE JULY 21, 2001 AMENDED IN SENATE JULY 3, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY APRIL 17, 2001 INTRODUCED BY Assembly Members Strom-Martin and Shelley (Coauthor: Assembly Member Alquist) FEBRUARY 21, 2001 An act to amend Sections 99220, 99221, 99222, 99223, 99224, 99225, and 99226 of, to add Sections 44579.5 and 99227 to, and to add and repeal Article 3 (commencing with Section 99230) of Chapter 5 of Part 65 of, the Education Code, relating to schools, and making an appropriation therefor. (Approved by Governor October 10, 2001. Filed with Secretary of State October 11, 2001.) I am signing Assembly Bill 466, which establishes the Mathematics and Reading Professional Development Program. The Program will greatly assist efforts to increase academic performance in California schools by enabling 176,000 teachers and 22,000 instructional aides or paraprofessionals to participate in high-quality professional development activities over a four-year period. However, I am reducing from the bill the $1.0 million of the $1.2 million appropriation to the Department of Education for purposes of administering the Mathematics and Reading Professional Development Program. The compelling need for this level of funding is unclear, as the 2001 Budget Act appropriates $515,000 to the Department of Education for the purpose of Program administration, which is responsible for the most significant workload. I am sustaining $200 thousand to assist the Superintendent of Public Instruction in allocating the funding for this important program. Additionally, in subsequent legislation, the provision requiring the State Board of Education to establish an appeal process for audit findings for this program should be removed. This provision conflicts with current law, which established the Education Audits Appeal Panel. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST AB 466, Strom-Martin. Mathematics and Reading Professional Development Program. Existing law requests the Regents of the University of California to jointly develop with the Trustees of the California State University and the independent colleges and universities, the California Professional Development Institutes that provide training to teachers in various subject matters taught in the elementary and secondary schools. This bill would require the instruction provided through the professional development institutes to acquaint teachers with the value in the diagnostic nature of standardized tests. The bill would require that priority for the selection of teachers to participate in the professional development institutes be accorded first to teachers who have not participated in a professional development institute in reading or mathematics; second priority would be accorded to teachers who have participated in a professional development institute in reading or mathematics but who have not yet received supplemental training in the specified areas; and third priority would be accorded to teachers who have participated in a professional development institute in reading or mathematics and have received supplemental training in the specified areas. This bill would establish, until July 1, 2005, the Mathematics and Reading Professional Development Program, to be administered by the Superintendent of Public Instruction with the approval of the State Board of Education under which a local education agency, as defined, would receive incentive funding to provide training in mathematics and reading to teachers and also to provide training to instructional aides and paraprofessionals, as defined, who directly assist with classroom instruction in mathematics and reading, through professional development programs conducted by institutions of higher education or an approved provider of training. The bill would authorize a school or county office of education that participates in the program to claim staff development funding, as prescribed. The bill would authorize, subject to the concurrence of the State Board of Education, the University of California to serve teachers in prekindergarten through grade 12 in participating school districts with programs in reading or mathematics, as specified. This bill would appropriate $1,200,000 from the General Fund to the State Department of Education for purposes of the Mathematics and Reading Professional Development Program with half the funds available for expenditure in each of the 2001-02 and 2002-03 fiscal years. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44579.5 is added to the Education Code, to read: 44579.5. Notwithstanding any other provision of law, a school district, charter school, or county office of education that participates in the Mathematics and Reading Professional Development Program pursuant to Article 3 (commencing with Section 99230) of Chapter 5 of Part 65 may claim funding, as described in subdivision (c) of Section 44579.1, for the 80 hours of followup instruction, coaching, or additional schoolsite assistance required pursuant to subdivision (b) of Section 99237 if the training meets the requirements described in subdivision (d) of Section 44579.1 and is conducted outside of an instructional day that the school district, charter school, or county office of education is required to provide in order to qualify for funding pursuant to Part 26 (commencing with Section 46000). Funding claimed pursuant to this section shall be in addition to funding received pursuant to Article 3 (commencing with Section 99230) of Chapter 5 of Part 65. SEC. 2. Section 99220 of the Education Code is amended to read: 99220. The Regents of the University of California are requested to jointly develop with the Trustees of California State University and the independent colleges and universities, the California Reading Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) (1) In June 1999, the University of California and its institutes' partners shall commence instruction for 6,000 participants who either provide direct instruction in reading to pupils in kindergarten or in grade 1, 2, or 3, or who supervise beginning teachers of reading. Commencing in July 2000, the institutes shall provide instruction for an additional 14,000 participants who either provide direct instruction in reading to pupils, including special education pupils, in prekindergarten, kindergarten or in grade 1, 2, or 3, or supervise beginning teachers of reading. Of the 14,000 new positions, at least 2,000 shall be reserved for prekindergarten teachers who teach in state preschool programs located in the attendance area of low-performing schools in order to link prekindergarten literacy development and reading readiness to the state's reading goals for pupils enrolled in kindergarten and grades 1 to 3, inclusive. If there are not enough applicants to fill the 2,000 positions, the remaining positions may be filled by teachers of pupils enrolled in kindergarten or any of grades 1 to 3, inclusive. (2) Ongoing support for second-year participants shall include a second-year institute focusing on the use of instructional materials, leveraging of school district resources, and the development of teacher leadership within the school district to improve pupil achievement in reading. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator, with the majority of the team composed of beginning teachers. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils' reading scores are at or below the 40th percentile on the reading portion of the achievement test authorized by Section 60640. (B) Schools with a high number of beginning and noncredentialed teachers. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (D) Schools with a full complement of team members as outlined above. (E) School teams committed to participate in the Elementary School Intensive Reading Program established pursuant to Article 1 (commencing with Section 53025) of Chapter 16 of Part 28 for a minimum of three years. (F) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (B) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of reading in a manner consistent with the standard for a comprehensive reading instruction program that is research-based, as described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259, and shall include all of the following components: (A) The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic explicit phonics, and decoding skills. (B) A strong literature, language and comprehension component with a balance of oral and written language. (C) Ongoing diagnostic techniques that inform teaching and assessment. (D) Early intervention techniques. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum framework on reading/language arts adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) (1) Each participant who satisfactorily completes an institute authorized by this section shall receive a stipend, commensurate with the duration of the institute, of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), as determined by the University of California. (2) A participant in an institute authorized by this section who satisfactorily completes additional institute activities or leadership and mentoring responsibilities in his or her school in subsequent years in accordance with institute guidelines shall receive a stipend, commensurate with the participant's responsibilities, of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), as determined by the University of California. It is the intent of the Legislature that stipends paid to participants under this paragraph average approximately one thousand dollars ($1,000) per stipend recipient per year. (e) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course, and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school's pupils in reading. (f) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of reading course requirements to an enrolled candidate who satisfactorily completes a California Reading Professional Development Institute program if the institute has been certified by the Commission on Teacher Credentialing as meeting reading preparation standards. (g) Nothing in this section shall be construed to prohibit a participant from attending an institute authorized by this section in more than one academic year. (h) "Beginning teachers," for purposes of this article, are teachers with three or fewer years of teaching experience. SEC. 3. Section 99221 of the Education Code is amended to read: 99221. The Regents of the University of California are requested to develop jointly with the Trustees of the California State University and the independent colleges and universities, the High School English Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes' partners shall commence instruction for 12,000 participants who either provide direct instruction in reading and writing to California public high school pupils in grades 9 to 12, inclusive, or supervise beginning teachers of high school reading and writing. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but is not limited to, all of the following: (A) Schools whose pupils' scores on the English language arts portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of the members of their schools' English departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (D) Teams of teachers from various departments within a school. (E) Schools with a high number of beginning and noncredentialed teachers. (F) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (E) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of reading and writing in a manner consistent with the standard for a comprehensive reading and writing instruction program that is research-based, as described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on reading/language arts for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school's pupils in English language arts. (e) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of English language arts requirements to an enrolled candidate who satisfactorily completes a High School English Professional Development Institute if the institute has been certified by the Commission on Teacher Credentialing as meeting English language arts standards. SEC. 4. Section 99222 of the Education Code is amended to read: 99222. The Regents of the University of California are requested to develop jointly with the Trustees of California State University and the independent colleges and universities, the High School Mathematics Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes' partners shall commence instruction for 5,500 participants who either provide direct instruction in mathematics to California public high school pupils in grades 9 to 12, inclusive, or supervise beginning teachers of high school mathematics. (b) (1) The institutes shall provide instruction for school teams from each participating school. The school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils' scores on the mathematics portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of members of their schools' mathematics departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (D) Schools with a high number of beginning and noncredentialed teachers. (E) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (D) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of mathematics in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based and shall include all of the following components: (A) Instruction in topics commonly found in high school mathematics courses, including, but not limited to, geometry, algebra II, trigonometry, and calculus, that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640 and the high school exit examination authorized pursuant to Section 60850 and to prepare pupils for advanced placement and college coursework. (B) Ongoing diagnostic techniques that inform teaching and assessment. (C) Early intervention techniques for pupils experiencing difficulty in mathematics. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school's pupils in mathematics. (e) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes a High School Mathematics Professional Development Institute if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. SEC. 5. Section 99223 of the Education Code is amended to read: 99223. The Regents of the University of California are requested to jointly develop with the Trustees of the California State University and the independent colleges and universities, the Algebra Academies Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes' partners shall commence instruction for 1,000 participants who either provide direct instruction in prealgebra and algebra to pupils in grades 7 and 8, or supervise beginning teachers of algebra. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but are not necessarily limited to, all of the following: (A) Schools whose pupils' scores on the mathematics portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of members of their schools' mathematics departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (D) Schools with a high number of beginning and noncredentialed teachers. (E) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools that meet the criteria described in subparagraph (D) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of prealgebra and algebra in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based and shall include all of the following components: (A) Instruction in prealgebra and algebra that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640 and the high school exit examination authorized pursuant to Section 60850. (B) Ongoing diagnostic techniques that inform teaching and assessment. (C) Early intervention techniques for pupils experiencing difficulty in prealgebra and algebra. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) Each participant who satisfactorily completes an institute authorized by this section shall receive a stipend, commensurate with the duration of the institute, of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), as determined by the University of California. (e) In order to provide maximum access, the institutes shall be offered on multiple university and college campuses that are widely distributed throughout the state. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours during the summer or during an intersession break, and shall be supplemented, during the following school year, with no fewer than the equivalent of five additional days of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school's pupils in prealgebra and algebra. (f) Teachers attending the institutes authorized by this section shall, as a condition of attendance and subsequent to that attendance, serve as instructors in the program authorized by Chapter 17 (commencing with Section 53081) of Part 28. These teachers shall continue to receive followup professional development during the same time period they are providing instruction. Followup professional development during this time period shall occur outside of instructional time. (g) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes an Algebra Academies Professional Development Institute if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. SEC. 6. Section 99224 of the Education Code is amended to read: 99224. The Regents of the University of California are requested to develop jointly with the Trustees of the California State University and the independent colleges and universities, the Algebra Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes' partners shall commence instruction for 5,000 participants who either provide direct instruction in algebra or the coursework in the two years leading to algebra to pupils enrolled in a public school in grades 6 to 12, inclusive, or supervise beginning teachers of algebra. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils' scores on the mathematics portion of the achievement examination authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of members of their schools' mathematics departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (D) Schools with a high number of beginning and noncredentialed teachers. (E) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (D) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of prealgebra and algebra in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based, and shall include all of the following components: (A) Instruction in prealgebra and algebra that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640 and the high school exit examination authorized pursuant to Section 60850. (B) Ongoing diagnostic techniques that inform teaching and assessment. (C) Intervention techniques for pupils experiencing difficulty in prealgebra and algebra. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school's pupils in prealgebra and algebra. (e) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes a High School Algebra Professional Development Institute if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. SEC. 7. Section 99225 of the Education Code is amended to read: 99225. The Regents of the University of California are requested to develop collaboratively with the Trustees of the California State University, the independent colleges and universities, and the county offices of education, the Elementary Mathematics Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes' partners shall commence instruction for 5,000 participants who either provide direct instruction in elementary mathematics to pupils in grades 4 to 6, inclusive, or supervise beginning teachers of elementary mathematics. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils' scores on the mathematics portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (C) Schools with a high number of beginning and noncredentialed teachers. (D) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (C) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of elementary mathematics in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based, and shall include all of the following components: (A) Instruction in elementary mathematics that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640 and the high school exit examination authorized pursuant to Section 60850. (B) Instruction that will prepare teachers as mathematics specialists and to become teacher trainers at their schools, assuming more of the responsibility for mathematics instruction. (C) Ongoing diagnostic techniques that inform teaching and assessment. (D) Early and continuing intervention techniques for pupils experiencing difficulty in elementary mathematics. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course, and shall be supplemented, during the following school year, with no fewer than 40 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school's pupils in elementary mathematics. (e) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes an Algebra Professional Development Institute if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. SEC. 8. Section 99226 of the Education Code is amended to read: 99226. (a) This article shall apply to the University of California only during periods for which the Legislature has appropriated funds therefor in the annual Budget Act and the Regents of the University of California have accepted the funds. (b) This article shall not apply to the University of California unless and until the Regents of the University of California act, by resolution, to make it applicable. (c) The Regents of the University of California are requested to jointly develop with the Trustees of California State University and the independent colleges and universities, the institutes described in this article, to be administered by the University of California, in partnership with the California State University and with private, independent universities in California. (d) Each participant who satisfactorily completes an institute authorized by this article shall receive a stipend commensurate with the duration of the institute, of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), as determined by the University of California. However, in making this determination, the University of California may not exceed the amount provided in the Budget Act for stipends for each of the institutes authorized by this article and must serve at each institute the number of participants specified pursuant to this section. (e) Commencing July 2001, and each fiscal year thereafter, the number of participants receiving instruction through each of these institutes shall be designated in the annual Budget Act. (f) These institutes shall be developed in accordance with all of the criteria specified in each section, as described therein. (g) Notwithstanding any other provision of law, on a case-to-case basis, and subject to the concurrence of the State Board of Education that priorities for service to high-need schools are met, the University of California and the programs authorized pursuant to Sections 99220 through 99226, inclusive, may serve teachers in prekindergarten through grade 12 in participating school districts with programs in reading or mathematics when the average of the reading or mathematics portions of the achievement test authorized pursuant to Section 60640 is at or below the priority level for service in schools otherwise served by the California Professional Development Institutes. SEC. 9. Section 99227 is added to the Education Code, to read: 99227. Within the criteria and priority for the selection of participating school teams set forth in paragraph (2) of subdivision (b) of Sections 99220, 99221, 99222, 99223, 99224, and 99225, priority for the selection of teachers to participate in the professional development institutes authorized pursuant to those sections shall be determined in the following manner: (a) Teachers who have not participated in a professional development institute in reading or mathematics that is authorized pursuant to this article shall be accorded first priority for training pursuant to this article. (b) Teachers who have participated in a professional development institute in reading or mathematics that is authorized pursuant to this article, but who have not yet received supplemental training in the areas specified in paragraph (2) of subdivision (a) of Section 99237 shall be accorded second priority for training pursuant to this article. (c) Teachers who have participated in a professional development institute in reading or mathematics that is authorized pursuant to this article, and have received supplemental training in the areas specified in paragraph (2) of subdivision (a) of Section 99237 shall be accorded third priority for training pursuant to this article. SEC. 10. Article 3 (commencing with Section 99230) is added to Chapter 5 of Part 65 of the Education Code, to read: Article 3. Mathematics and Reading Professional Development Program 99230. This article shall be known and may be cited as the Mathematics and Reading Professional Development Program. 99231. For the purpose of this article, the following terms have the following meanings: (a) "Instructional aide" means a person who is employed on either a full-time or a part-time basis for the purpose of directly assisting with classroom instruction in mathematics and reading in a California public school in which kindergarten or any of grades 1 to 12, inclusive, are taught and who does not possess a valid teaching credential, certificate, authorization, or permit issued by the Commission on Teacher Credentialing and does not include a paraprofessional, as defined in subdivision (b). (b) "Paraprofessional" means a teacher aide, a teacher assistant, or a speech language pathology assistant who is employed on either a full-time or a part-time basis for the purpose of directly assisting with classroom instruction in mathematics and reading in a California public school in which kindergarten or any of grades 1 to 12, inclusive, are taught and who does not possess a valid teaching credential, certificate, authorization, or permit issued by the Commission on Teacher Credentialing. (c) "Instructional materials that are aligned to state standards" means, for grades 1 to 8, inclusive, materials adopted by the State Board of Education after January 1, 2001, unless otherwise authorized by the State Board of Education. For grades 9 to 12, inclusive, "instructional materials that are aligned to state standards" means materials that the governing board of the local education agency has, after careful review, certified are aligned to both the state reading or mathematics content standards and the curriculum frameworks for these subjects. (d) "Local education agency" means a school district, county office of education, or charter school. (e) "Teacher" means a person who holds a valid teaching credential, certificate, authorization, or permit issued by the California Commission on Teacher Credentialing and is employed on either a full-time or a part-time basis in a California public school in which kindergarten or any of grades 1 to 12, inclusive, are taught. 99232. (a) The Mathematics and Reading Professional Development Program is hereby established and shall be administered by the Superintendent of Public Instruction with the approval of the State Board of Education. (b) A local education agency that maintains kindergarten or any of grades 1 to 12, inclusive, is eligible to apply for and receive incentive funding from funds appropriated for the purpose of this article. (c) From funds appropriated for the purpose of this article, the Superintendent of Public Instruction shall award funding to provide teachers and instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading with instruction and training in the areas of mathematics and reading. 99233. (a) This program is intended to serve the following categories of staff: (1) Teachers employed in a public school for the purpose of teaching in a self-contained classroom that serves pupils in kindergarten or any of grades 1 to 8, inclusive. Teachers described in this paragraph are eligible to receive instruction in both mathematics and reading. (2) Teachers employed in a public school for the purpose of providing both mathematics and English instruction to pupils with exceptional needs. Teachers described in this paragraph are eligible to receive instruction in both mathematics and reading. (3) Teachers who hold a single-subject teaching credential, certificate, or authorization issued by the Commission on Teacher Credentialing that authorizes them to teach English or social science in a classroom that is not self-contained and who are employed in a public school. Teachers described in this paragraph are eligible to receive instruction in reading. (4) Holders of one-year emergency teaching permits and emergency career substitute teaching permits who are employed in a public school and assigned to teach English or social science courses in a classroom that is not self-contained. Teachers described in this paragraph are eligible to receive instruction in reading. (5) Teachers who hold a single-subject teaching credential, certificate, or authorization issued by the Commission on Teacher Credentialing that authorizes them to teach mathematics or science in a classroom that is not self-contained and who are employed in a public school. Teachers described in this paragraph are eligible to receive instruction in mathematics. (6) Holders of one-year emergency teaching permits and emergency career substitute teaching permits who are employed in a public school and assigned to teach mathematics or science courses in a classroom that is not self-contained. Teachers described in this paragraph are eligible to receive instruction in mathematics. (7) Instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading who are employed in a public school for the purpose of assisting teachers in the instruction of pupils in kindergarten or any of grades 1 to 12, inclusive. Instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading described in this paragraph are eligible to receive instruction in both mathematics and reading. (b) Holders of emergency 30-day substitute teaching permits issued by the California Commission on Teacher Credentialing are not eligible to receive training offered pursuant to this article. 99234. (a) The Superintendent of Public Instruction shall notify local education agencies that they are eligible to receive an incentive award for up to 12 percent of its eligible teachers in the 2001-02 fiscal year, up to 28.5 percent in the 2002-03 fiscal year, and up to 28.5 percent in the 2003-04 fiscal year, with the remainder for its eligible teachers in the 2004-05 fiscal year. It is the intent of the Legislature that a local education agency give highest priority to training teachers assigned to low-performing schools. It is also the intent of the Legislature that funding appropriated in one fiscal year that is not expended by a local education agency be redirected to local education agencies that have trained more eligible teachers than the percentage funded. When a redirection of funding occurs, funding in subsequent fiscal years for the local education agencies involved shall be adjusted to reflect the redirection of funding. (b) A school district that cannot make the certification required pursuant to paragraph (3) of subdivision (a) of Section 99237 for all the grade levels it maintains in reading and mathematics may apply for and receive incentive funding for the grade levels and subjects for which it can make the certification required pursuant to paragraph (3) of subdivision (a) of Section 99237, in which case the certified assurance submitted pursuant to Section 99237 shall apply only to the professional development provided to teachers and instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading in the grade levels and subjects for which it can make the certification required pursuant to paragraph (3) of subdivision (a) of Section 99237. (c) Of the incentive provided pursuant to subdivision (c), a local education agency may use not more than one thousand dollars ($1,000) of the per teacher per subject amount to provide an individual teacher stipend. (d) The Superintendent of Public Instruction shall notify local education agencies that the maximum funding for the purpose of this article for which they are eligible each year is equal to the percentage set forth in subdivision (a), multiplied by the sum of the following two factors multiplied by two thousand five hundred dollars ($2,500): (1) Twice the number of multiple subjects teachers teaching in a self-contained classroom and special education teachers, as specified in paragraphs (1) and (2) of Section 99233, that provide direct instruction in reading and mathematics as reported in the most recent available CBEDS data, who have not received training pursuant to either this article or Article 2 (commencing with Section 99220). (2) The number of mathematics, English, science, and social science teachers as specified in paragraphs (3) to (6), inclusive, of Section 99233 that were reported in the most recent available CBEDS data, who have not received training pursuant to either this article or Article 2 (commencing with Section 99220). (e) The Superintendent of Public Instruction shall allocate funding appropriated for the purposes of this article in the following order of priority: (1) Two thousand five hundred dollars ($2,500) for each qualifying teacher who was provided training pursuant to subdivision (a) in the prior year for whom the local education agency did not receive funding due to insufficient availability of funds in the prior fiscal year. (2) Two thousand five hundred dollars ($2,500) for each qualifying teacher who was provided training pursuant to this article, subject to the limitations in subdivision (d). (3) Five hundred dollars ($500) for each qualifying teacher for each qualifying program as specified in Article 2 (commencing with Section 99220) who successfully completes mathematics or reading standards training, or both, at a California Professional Development Institute authorized pursuant to Article 2 (commencing with Section 99220) in the 2001-02 fiscal year to the 2004-05 fiscal year, inclusive, using funds received pursuant to Article 2 (commencing with Section 99220), and has had specific approved training on the mathematics or reading instructional materials selected for use in the school. (4) Five hundred dollars ($500) for each qualifying teacher in each qualifying program pursuant to Article 2 (commencing with Section 99220) who successfully completed mathematics or reading standards training, or both, at a California Professional Development Institute authorized pursuant to Article 2 (commencing with Section 99220) in the 1999-2000 or 2000-01 fiscal year, using funds received pursuant to Article 2 (commencing with Section 99220), and has had specific approved training on the mathematics or English-language arts instructional materials selected for use in the school. (5) Two thousand five hundred dollars ($2,500) for each qualifying teacher who was provided training pursuant to this article in excess of limitations in subdivision (d). (f) For purposes of this article, qualifying teachers who, in the 2000-01 fiscal year, received training at a California Professional Development Institute authorized pursuant to Article 2 (commencing with Section 99220) that was paid for by a local education agency using funds that were not received pursuant to Article 2 (commencing with Section 99220) shall be deemed to have received training in the 2001-02 fiscal year. A local education agency shall receive funding for these qualifying teachers in accordance with paragraph (2) of subdivision (e). (g) Except as provided in subdivision (f) of Section 99237, funding may not be provided to a local education agency until the State Board of Education approves the agency's certified assurance submitted pursuant to Section 99237. (h) Of the funding a local education agency is eligible to receive pursuant to this section for each eligible teacher, up to the number specified in subdivision (a), 50 percent shall be awarded following the provision of 40 hours of professional development as specified in subdivision (b) of Section 99237, with the remaining funding to be awarded following certification of the provision of the 80 hours of followup instruction as specified in subdivision (b) of Section 99237. (i) Except as provided in paragraphs (3) and (4) of subdivision (e), a local education agency may not receive funds pursuant to this article for teachers who receive training pursuant to Article 2 (commencing with Section 99220) using funding provided pursuant to Article 2 (commencing with Section 99220). 99234.5. Prioritization for participation in the program established pursuant to this article shall be determined in the following manner: (a) Teachers who have not participated in a professional development institute in reading or mathematics that is authorized pursuant to Article 2 (commencing with Section 99220) shall be accorded first priority for training pursuant to this article. (b) Teachers who have participated in a professional development institute in reading or mathematics that is authorized pursuant to Article 2 (commencing with Section 99220), but who have not yet received supplemental training in the areas specified in paragraph (2) of subdivision (a) of Section 99237 shall be accorded second priority for training pursuant to this article. 99235. (a) The Superintendent of Public Instruction shall notify local education agencies that they are eligible to receive funding to provide instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading with professional development training in mathematics and reading, in an amount equal to one thousand dollars ($1,000) per qualifying instructional aide. Funding will be provided to local education agencies on a first-come, first-serve basis. A local education agency that chooses to participate in the program is eligible to receive funding for no greater than 11.5 percent of its instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading in the 2001-02 fiscal year, 29.5 percent in the 2002-03 fiscal year, 29.5 percent in the 2003-04 fiscal year, with the remainder to be funded in the 2004-05 fiscal year. However, the statewide total number of instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading served under this program may not exceed 22,000 over the four fiscal years. (b) Of the incentive provided pursuant to subdivision (a), a local educational agency may use not more than five hundred dollars ($500) of the per instructional aide and paraprofessionals who directly assist with classroom instruction in mathematics and reading amount to provide an individual instructional aid stipend. 99236. The State Board of Education shall authorize the Superintendent of Public Instruction to design, and the board shall approve, regulations for the implementation and monitoring of the program. The Superintendent of Public Instruction shall provide funding to a local education agency in accordance with the funding methodology specified in Sections 99234 and 99235 and with regulations adopted by the State Board of Education. 99237. (a) Except as provided in subdivision (f), as a condition of receipt of funds for purposes of Section 99234 or 99235, a local education agency shall submit a certified assurance signed by the appropriate agency official and approved in a public session by the governing body of the agency to the State Board of Education that contains its proposal to satisfy the following: (1) It contracted with a provider whose training curriculum was approved by the State Board of Education or the local education agency's training curriculum was approved by the State Board of Education. Approval by the State Board of Education of the training curriculum shall be based on the criteria contained in paragraph (4) and in subdivision (b). (2) It or the provider with whom it contracted provided professional development training focused primarily on the following: (A) The use of instructional materials that will be used by pupils and are aligned to the English-language arts and mathematics content standards adopted by the State Board of Education pursuant to Section 60605. (B) The English-language arts and mathematics content standards adopted by the State Board of Education pursuant to Section 60605. (C) The curriculum frameworks adopted by the State Board of Education for these subjects. (3) (A) It provides each pupil with instructional materials that are aligned to the state content standards in reading and mathematics no later than the first day of the first school term that commences 12 months or less after those materials are adopted by the State Board of Education in the case of instructional materials for grades 1 to 8, inclusive, or by the governing board of the school district in the case of instructional materials for grades 9 to 12, inclusive. (B) For local education agencies that are piloting or evaluating instructional materials that are aligned to the state content standards in English-language arts or mathematics, those materials shall be provided to each pupil no later than the first day of the first school term that commences 24 months or less after those materials were adopted by the State Board of Education in the case of instructional materials for grades 1 to 8, inclusive, or by the governing board of the school district in the case of instructional materials for grades 9 to 12, inclusive. (C) If a local education agency has not adopted instructional materials as required by subparagraph (A) for one or more grade levels because it is piloting or evaluating those instructional materials, the local education agency may only claim funding pursuant to Section 99234 for grade levels and subjects where the local education agency is in compliance with subparagraphs (A) and (B). (D) For each teacher, in each core area for which funding is claimed pursuant to this article and for which there are not standards aligned textbooks for each pupil, as determined through an audit, the Superintendent of Public Instruction, on a one-time basis, shall withhold from the local education agency's next monthly principal apportionment payment an amount equal to one hundred dollars ($100) for each of those pupils. The funds withheld are deemed to be an offset against the training funds provided pursuant to this article. (4) It provides in-house professional development that focuses primarily on the following: (A) The use of instructional materials that will be used by pupils and are aligned to the English-language arts and mathematics content standards adopted by the State Board of Education pursuant to Section 60605. (B) The English-language arts and mathematics content standards adopted by the State Board of Education pursuant to Section 60605. (C) The curriculum frameworks adopted by the State Board of Education for these subjects. (5) It provides the data elements required pursuant to Section 99240. (b) As an additional condition of receipt of funds for purposes of Section 99234, a local education agency shall certify that: (1) Forty hours of professional development and 80 hours of followup instruction, coaching, or additional schoolsite assistance, in mathematics or reading, as appropriate, was provided to teachers who meet the criteria specified in paragraphs (1) and (2) of Section 99233. (2) Forty hours of professional development in reading and an average of 80 hours of followup instruction, coaching, or additional schoolsite assistance was provided to teachers who meet the criteria specified in paragraphs (3) and (4) of Section 99233, and 40 hours of professional development in mathematics and an average of 80 hours of followup instruction, coaching, or additional schoolsite assistance was provided to teachers who meet the criteria specified in paragraphs (5) and (6) of Section 99233. (c) If, as the result of a program audit, it is found that the participating local education agency served less participants than it was funded to serve, the Superintendent of Public Instruction shall withhold from the local education agency's next monthly principal apportionment payment an amount proportional to the amount of funding associated with the number of teachers that were not served. (d) If, as the result of a program audit, it is found that the training provided by the local education agency or the provider with whom it contracted did not meet the requirements of paragraph (4) of subdivision (a), the Superintendent of Public Instruction shall withhold from the local education agency's next monthly principal apportionment payment an amount equal to the amount of funding associated with the training that was not aligned to state standards and curriculum frameworks. (e) In addition to receiving funding pursuant to this article, a school district, charter school, or county office of education may also claim funding under the Instructional Time and Staff Development Reform Program established pursuant to Article 7.5 (commencing with Section 44579) of Chapter 3 of Part 25 for the 80 hours of follow-up instruction, coaching, or additional schoolsite assistance required pursuant to subdivision (b) if the training meets the requirements of Section 44579.5. (f) A local education agency may contract with one or more of the California Professional Development Institutes authorized pursuant to Article 2 (commencing with Section 99220) if the training provided by the institute meets the criteria of paragraph (2) of subdivision (a) and subdivision (b), and has been approved by the University of California. These local educational agencies shall receive funds as specified in paragraph (2) or (3) of subdivision (e) of Section 99234, as appropriate. (g) The State Board of Education shall establish a procedure and criteria for local educational agencies to appeal to the board the findings of an audit conducted pursuant to this article. The board may reduce or eliminate the amount to be withheld pursuant to subdivision (d) if the board determines that the local educational agency was in substantial compliance with this section. (h) It is the intent of the Legislature that audits referenced in subdivisions (c) and (d) be conducted as part of a compliance audit performed in accordance with Sections 14503, 14508, and 41020. 99238. (a) For the purpose of this article, the State Board of Education shall determine whether professional development programs that are not operated pursuant to Sections 99220 to 99226, inclusive, meet minimum criteria for quality specified in paragraph (4) of subdivision (a) of Section 99237 and subdivision (b) of Section 99237. (b) The State Board of Education may contract for the review of certified assurances submitted pursuant to Section 99237. 99239. A local education agency or postsecondary institution that offers an accredited program of professional preparation may consider providing partial and proportional credit toward satisfaction of the course requirements to an enrolled candidate who satisfactorily completes a mathematics or reading professional development program as described in this article if the program has been certified by the Commission on Teacher Credentialing as meeting preparation standards. 99240. (a) By July 1, 2003, the State Department of Education, in cooperation with the University of California and the California Professional Development Institutes authorized pursuant to Article 2 (commencing with Section 99220), shall develop, and the State Board of Education shall review and approve, an interim report regarding the program established pursuant to this article for submission to the Legislature. The interim report shall, at a minimum, detail the following: (1) The number of teachers, by credential type, who have received training offered pursuant to this article. (2) The number of instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading who have received training offered pursuant to this article. (3) The entities that have received funds for the purpose of offering training pursuant to this article and the number of teachers and instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading, respectively, that each has trained. (b) By June 30, 2004, the State Department of Education shall submit, subject to review and approval by the State Board of Education, a final report to the Legislature regarding the program established pursuant to this article. The final report shall, at a minimum, detail the following: (1) The number of teachers, by credential type, who received training offered pursuant to this article. (2) The number of instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading who received training offered pursuant to this article. (3) The entities that received funds for the purpose of offering training pursuant to this article and the number of teachers and instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading, respectively, that each has trained. (4) Information detailing the effectiveness of the program established pursuant to this article. This information shall, at a minimum, incorporate survey data concerning program effectiveness that has been gathered from program participants and school principals. (5) To the extent information is available, information detailing the retention rate, by credential type, of teachers who participated in training offered pursuant to this article. The information shall, at a minimum, incorporate sample data concerning teachers who are no longer in the profession. (6) To the extent information is available, information detailing the retention rate of instructional aides and paraprofessionals who directly assist with classroom instruction in mathematics and reading who participated in training offered pursuant to this article. The information shall, at a minimum, incorporate sample data concerning aides who are no longer in the profession, as well as aides who have obtained a teacher credential subsequent to training. 99241. (a) Notwithstanding any other provision of law, if a local education agency elects to offer professional development pursuant to this article using the California Professional Development Institutes authorized pursuant to Article 2 (commencing with Section 99220), training may be provided to any teacher of kindergarten or any of grades 1 to 12, inclusive, if the University of California agrees to operate a combined schoolwide and districtwide program that meets the criteria specified in Section 99237. (b) Notwithstanding any other provision of law, local education agencies that contract with the California Professional Development Institute authorized pursuant to Article 2 (commencing with Section 99220) may, pursuant to an agreement with the University of California, receive from the University of California funds appropriated pursuant to Article 2 (commencing with Section 99220) for the provision of stipends to participating teachers. (c) Notwithstanding subdivision (e) of Section 99220, subdivision (d) of Section 99221, subdivision (d) of Section 99222, subdivision (e) of Section 99223, subdivision (d) of Section 99224, and subdivision (d) of Section 99225, the Professional Development Institutes authorized pursuant to Article 2 (commencing with Section 99220) may offer training at sites that are not located on a college or university campus. 99242. This article shall become inoperative on July 1, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 11. (a) The sum of one million two hundred thousand dollars ($1,200,000) is hereby appropriated from the General Fund to the State Department of Education for purposes of the Mathematics and Reading Professional Development Program as set forth in Article 3 (commencing with Section 99230) of Chapter 5 of Part 65 of the Education Code, as follows: (1) The sum of six hundred thousand dollars ($600,000) is available for expenditure for the 2001-02 fiscal year. (2) The sum of six hundred thousand dollars ($600,000) is available for expenditure for the 2002-03 fiscal year.