BILL NUMBER: AB 1107 CHAPTERED 10/12/01 CHAPTER 750 FILED WITH SECRETARY OF STATE OCTOBER 12, 2001 APPROVED BY GOVERNOR OCTOBER 11, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 PASSED THE SENATE SEPTEMBER 10, 2001 AMENDED IN SENATE SEPTEMBER 6, 2001 AMENDED IN SENATE AUGUST 20, 2001 AMENDED IN SENATE JULY 16, 2001 AMENDED IN SENATE JULY 9, 2001 AMENDED IN ASSEMBLY MAY 1, 2001 INTRODUCED BY Assembly Member Leach FEBRUARY 23, 2001 An act to amend Sections 30.5, 8007, 8236, 8278.3, 8815, 41020.6, 49413, 51264, 52177, 52656, 54696, and 58523 of, and to repeal Sections 8280, 17213.3, 32237, 41407, 52136, and 99306 of, the Education Code, to amend Sections 11372.7 and 104450 of the Health and Safety Code, to add Section 11323.9 to the Welfare and Institutions Code, to amend Item 6110-001-890 of Section 2.00 of the Budget Act of 1991, to amend Item 6110-001-890 of Section 2.00 of the Budget Act of 1992, and to repeal Section 2 of Chapter 1047 of the Statutes of 1996, relating to the State Department of Education. LEGISLATIVE COUNSEL'S DIGEST AB 1107, Leach. State Department of Education: reports. (1) Existing law requires a school district to submit, on or before June 1, 1998, a written report to the Legislature or the State Board of Education on the amount of state funds that the school district has expended or diverted, as of January 1, 1996, from bilingual education programs for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English and requires a school district to restore those funds to its bilingual program before January 1, 1999. This bill would delete these requirements. (2) Existing law requires the State Department of Education and the Board of Governors of the California Community Colleges to submit to the Legislature an annual descriptive report containing information on career technical education and technical training programs, including regional occupational centers and programs, an annual individual program evaluation derived from a representative sample of participating districts and schools containing information on program effectiveness, and a copy of the annual state plan for career technical education. This bill would make specified changes to the information required to be included in the report and program evaluation. (3) Existing law requires that each state preschool program contracting agency report annually to the Superintendent of Public Instruction the numbers of 3- and 4-year old children enrolled in its state preschool programs and requires the superintendent to annually transmit this information to the Legislature and the Governor. This bill would delete these requirements. (4) Existing law requires the Superintendent of Public Instruction, on or before November 30, 2000, to submit a plan to the Office of the Secretary for Education, the Department of Finance, and the Legislative Analyst's Office specifying the application procedures to request funding from the Child Care Facilities Revolving Fund for the renovation, repair, or improvement of an existing building, as specified. This bill would delete this provision. (5) Existing law requires the Superintendent of Public Instruction, on December 15, 1980, and every 3rd year thereafter, to submit to the Joint Legislative Budget Committee a report documenting the performance of child care and development programs and containing prescribed information. This bill would delete this provision. (6) Existing law requires county welfare departments and alternative payment programs to provide to the State Department of Education or the State Department of Social Services, whichever is appropriate, and the local child care planning council, on a monthly basis, data about child care usage and demand in each of the 3 stages of child care provided under the CalWORKs program. This bill would additionally require each county welfare department to provide to the State Department of Social Services, on a monthly basis, data regarding child care usage and demand in stage 1 of child care services under the CalWORKs program. (7) Existing law requires the State Department of Education to collect data from participants in the Local Arts Education Partnership Program and to submit a written report on the program's progress to the Joint Committee on the Arts no later than December 31, 1996. This bill would delete these requirements. (8) Existing law requires the State Department of Education to monitor the performance of the Department of Toxic Substances Control in meeting specified timeframes relating to the environmental assessment of proposed schoolsites and to report its findings to the Department of General Services and the Department of Finance on a quarterly basis. Existing law requires the State Department of Education also to report, to the Department of General Services and the Department of Finance every 6 months for a period of 2 years, the amount of fees or other charges of any state agency review paid by school districts pursuant to provisions governing the acquisition and disposal of schoolsites and any concerns about those fees or charges. This bill would delete these requirements. (9) Existing law requires the Superintendent of Public Instruction to contract for an ongoing independent evaluation of the effectiveness of school violence reduction programs funded by grants pursuant to the Carl Washington School Safety and Violence Prevention Act and to submit on or before June 1, 1998, to the Legislature an interim progress report and on or before October 1, 1999, a final evaluation report. This bill would delete these requirements. (10) Existing law requires the State Department of Education to report, on June 30, 1979, and each year thereafter, to the Joint Legislative Audit Committee on the actions taken by the department to eliminate audit exceptions and comply with management improvement recommendations. This bill would make that annual report due on October 1. (11) Existing law requires the Superintendent of Public Instruction to prepare an annual report on ratios of administrative school district employees to other school district employees and to transmit a copy of this report to the Legislature and to any agency or individual who requests it. This bill would delete these requirements. (12) Existing law authorizes a school district or school, individually or jointly with another school district or school, to provide a comprehensive program in first aid or cardiopulmonary resuscitation (CPR) training, or both, to pupils and employees and requires each school district or school that develops a program to report to the Assembly Education Committee on or before January 1, 1997, as to the success of the program and any concerns raised in the program and containing information regarding how many school staff and pupils have participated in this training as well as the ratio of cardiopulmonary resuscitation or first aid trained staff to the total pupil enrollment on a per school basis. This bill would delete the reporting requirement. (13) Existing law requires the State Department of Education to prepare and distribute to school districts and county offices of education guidelines for incorporating in-service training in gang violence and drug and alcohol abuse prevention for teachers, counselors, athletic directors, school board members, and other educational personnel into the staff development plans of all school districts and county offices of education. Existing law requires the department to report annually to the Legislative Analyst and the fiscal, education, and appropriate select committees of each house of the Legislature, on the status of gang violence and drug and alcohol abuse prevention in-service training programs provided by school districts and county offices of education. This bill would delete the reporting requirement. (14) Existing law requires the Superintendent of Public Instruction to monitor the implementation of impacted language programs and to submit an annual report to the Legislature on the number of pupils served by each impacted language group and grade level. This bill would delete those provisions. (15) Existing law requires the Superintendent of Public Instruction to develop for submission to the Legislature and the Governor an annual evaluation of bilingual needs and programs within the state. This bill would delete this requirement. (16) Existing law requires the Superintendent of Public Instruction to report to the Governor and the respective fiscal policy committees of the Assembly and the Senate on the implementation of the immigrant workforce preparation program. This bill would delete this requirement. (17) Existing law requires the Superintendent of Public Instruction to contract for a 4-year independent review of the effectiveness of the newly funded California Partnership Academies and requires preliminary results to be reported after the 1994-95 fiscal year and a final evaluation to be performed after the 1996-97 fiscal year. Existing law requires these reports to be made to the Legislature by January 1 following their completion. This bill would delete those requirements. (18) Existing law requires the governing board of a school district receiving a grant pursuant to the single gender academies pilot program to provide a detailed report of the relative success of the single gender academy to the Superintendent of Public Instruction, Department of Finance, office of the Legislative Analyst, Joint Legislative Budget Committee, Senate Committee on Education, and to the Assembly Committee on Education on or before January 1, 2000. This bill would delete the reporting requirement. (19) Existing law requires the State Department of Education to create an evaluation design for the Student Academic Partnership Program and requires school districts that receive grants under that program to use this evaluation design to assess the effectiveness of their programs. Existing law requires these school districts to transmit their assessments to the department and requires the department to develop a report to be submitted to the Legislature on or before March 1, 1999. This bill would delete these requirements. (20) Existing law requires certain persons convicted of offenses relating to controlled substances to pay a drug program fee that is deposited into the drug program fund maintained by the county treasurer. Existing law requires that a minimum of 33% of the moneys in the fund be allocated to primary prevention programs in the schools and community and requires that county superintendents of schools use 5% of those funds to conduct an annual evaluation that is submitted to the State Department of Education which in turn writes and submits a report to the Legislature and the Governor. This bill would delete the evaluation requirement. (21) Existing law requires the State Department of Education to award and administer grants for projects directed at the prevention of tobacco use among schoolage children and to report to the Legislature on local school district expenditures and services statewide. This bill would delete the reporting requirement. (22) Existing law, the Budget Acts of 1991 and 1992, require the State Department of Education to use a minimum of $500,000 to contract for a longitudinal evaluation to assess the effectiveness of local drug and alcohol abuse education prevention programs, state the intent of the Legislature that the evaluation be conducted for a minimum of 3 years, and require the department to annually submit findings of the evaluation to the Legislature. This bill would delete the requirement that the department use those funds to contract for the evaluation, the statement of legislative intent, and the requirement regarding annual submission of the findings of the evaluation. (23) Existing law requires the State Department of Education to review the adult education program commencing in 2002 and every 5 years thereafter and to submit a report of its findings to the chairs of the appropriate policy and fiscal committees of the Legislature, the Director of Finance, and the Legislative Analyst. This bill would delete these requirements. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 30.5 of the Education Code is amended to read: 30.5. (a) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a pupil whose primary language is neither English nor derived from English. For purposes of this paragraph: (1) "Primary language" is a language, other than English or a language derived from English, which is the language the pupil first learned. (2) "Derived from English" means any dialect, idiom, or language derived from English. Both of the following shall be construed as being derived from English: (A) Any dialect, idiom, or language that has linguistic roots connected to English. (B) Any dialect, idiom, or language that has a syntax distinct from English, yet can be traced linguistically as derived from English. (b) A school district shall not utilize, as part of a bilingual education program, state funds or resources for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English, as defined in paragraph (1). SEC. 2. Section 8007 of the Education Code is amended to read: 8007. The State Department of Education and the Board of Governors of the California Community Colleges shall submit the following reports each year to the Legislature: (a) An annual descriptive report containing information on career technical education and technical training programs, including regional occupational centers and programs. The report shall be coordinated with federal evaluation requirements pursuant to Section 113 of Title I of the Carl D. Perkins Vocational and Technical Education Act of 1998 (P.L. 105-332; 20 U.S.C. Sec. 2323) and shall contain all of the following: (1) Enrollment defined in terms of secondary pupils, postsecondary students, and adults. (2) The number of graduates of programs and students participating in career technical education. (3) The number of pupils participating in career technical education. (4) The number of pupils completing a specific career technical education program. (5) The number of pupils in grade 12 that complete a career technical education program. (6) The number of pupils in grade 12 that complete a career technical education program and earn a high school diploma. (b) An annual individual program evaluation derived from a representative sample of participating districts and schools containing information on program effectiveness as measured by: (1) The extent to which persons who complete the program find employment in occupations related to their training. (2) Other factors as determined in Budget Act language pursuant to Section 33404. (c) A copy of the annual state plan for career technical education. SEC. 3. Section 8236 of the Education Code is amended to read: 8236. (a) For purposes of this section, the following definitions apply: (1) "Eligible children" means children who are currently eligible for the state preschool program. (2) "Four-year-old children" means those children who will have their fourth birthday on or before December 2 of the fiscal year in which they are enrolled in a state preschool program. (3) "Local educational agency" means a school district, a county office of education, a community college district, or a school district on behalf of one or more schools within the school district. (4) "Superintendent" means the Superintendent of Public Instruction. (5) "Three-year-old children" means those children who will have their third birthday on or before December 2 of the fiscal year in which they are enrolled in a state preschool program. (b) (1) Each applicant or contracting agency funded pursuant to Section 8235 shall give first priority to neglected or abused children who are recipients of child protective services, or recipients who are at risk of being neglected or abused, upon written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child's parent or guardian to local resource and referral services so that services for the child can be located. (2) After children in the first priority category set forth in paragraph (1) are served, each agency funded pursuant to Section 8235 shall serve eligible four-year-old children prior to serving eligible three-year-old children. Each agency shall certify to the superintendent that enrollment priority is being given to eligible four-year-old children. (c) For state preschool programs operating with funding that was initially allocated in a prior fiscal year, at least half the children enrolled at a preschool site shall be four-year-olds. Any exception to this requirement shall be approved by the superintendent. The superintendent shall inform the Secretary of Child Development and Education of any exceptions that have been granted. (d) The following provisions apply to the award of any new funding for the expansion of the state preschool program that is appropriated by the Legislature for that purpose in any fiscal year: (1) In an application for those expansion funds, an agency shall furnish the superintendent with an estimate of the number of four-year-old and three-year-old children that it plans to serve in the following fiscal year with those expansion funds. The agency also shall furnish documentation that indicates the basis of those estimates. (2) In awarding contracts for expansion pursuant to this subdivision, the superintendent, after taking into account the geographic criteria established pursuant to Section 8289, and the headquarters preferences and eligibility criteria relating to fiscal or programmatic noncompliance established pursuant to Section 8261, shall give priority to applicant agencies that, in expending the expansion funds, will be serving the highest percentage of four-year-old children. (3) (A) Agencies that receive funding for the expansion of a state preschool program shall enroll children in the following priority order: (i) Neglected or abused children who are recipients of child protective services, or recipients who are at risk of being neglected or abused, upon written referral from a legal, medical, or social services agency. (ii) Four-year-old children who are eligible for the state preschool program. (B) Otherwise, children shall be enrolled based on other statutory and regulatory priorities for the state preschool program. (e) Nothing in this section shall be deemed to preclude a local educational agency from subcontracting with an appropriate public or private agency to operate a state preschool program and to apply for funds made available for the purposes of this section. If a school district chooses not to operate or subcontract for a state preschool program, the superintendent shall work with the county office of education and other eligible agencies to explore possible opportunities in contracting or alternative subcontracting to provide a state preschool program. (f) Nothing in this section shall prevent eligible children who are currently receiving services from continuing to receive those services in future years pursuant to this chapter. SEC. 4. Section 8278.3 of the Education Code is amended to read: 8278.3. (a) (1) The Child Care Facilities Revolving Fund is hereby established in the State Treasury to provide funding for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services and for the purchase of new relocatable child care facilities for lease to school districts and contracting agencies who provide child care and development services, pursuant to this chapter. The Superintendent of Public Instruction may transfer state funds appropriated for child care facilities into this fund for allocation to school districts and contracting agencies, as specified, for the purchase, transportation, and installation of facilities for replacement and expansion of capacity. School districts and contracting agencies using facilities made available by the use of these funds shall be charged a leasing fee, either at a fair market value for those facilities or at an amount sufficient to amortize the cost of purchase and relocation, whichever is lower, over a 10-year period. Upon full repayment of the purchase and relocation costs, title shall transfer from the State of California to the school district or contracting agency. The Superintendent of Public Instruction shall deposit all revenue derived from the lease payments into the Child Care Facilities Revolving Fund. (2) Notwithstanding Section 13340 of the Government Code, all moneys in the fund, including moneys deposited from lease payments, shall be continuously appropriated, without regard to fiscal year, to the Superintendent of Public Instruction for expenditure pursuant to this article. (b) On or before August 1, 1998, and on or before August 1 of each fiscal year thereafter, the Superintendent of Public Instruction shall submit to the Office of the Secretary for Education, the Department of Finance, and the Legislative Analyst's Office a report detailing the number of funding requests received and their purpose, the types of agencies which received this facilities funding, the increased capacity that these facilities generated, a description of how the facilities are being used, and a projection of the lease payments collected and the funds available for future use. SEC. 5. Section 8280 of the Education Code is repealed. SEC. 6. Section 8815 of the Education Code is amended to read: 8815. The State Department of Education shall do all of the following: (a) Develop plan guidelines in consultation with the California Arts Council. (b) Utilize not more than seven percent of total program funds for the administrative costs of implementing this chapter. (c) Send one copy of plan guidelines and necessary application forms, including the budget form developed pursuant to subdivision (b) of Section 8813 to each school district and county office of education, together with a list of appropriate local arts agencies. (d) Contract with local education agencies to implement programs pursuant to this chapter. SEC. 7. Section 17213.3 of the Education Code is repealed. SEC. 8. Section 32237 of the Education Code is repealed. SEC. 9. Section 41020.6 of the Education Code is amended to read: 41020.6. On October 1, 2001, and each year thereafter, the State Department of Education shall report to the Joint Legislative Audit Committee on the actions taken by the department to eliminate audit exceptions and comply with management improvement recommendations. SEC. 10. Section 41407 of the Education Code is repealed. SEC. 11. Section 49413 of the Education Code is amended to read: 49413. (a) The Legislature recognizes the importance of first aid and cardiopulmonary resuscitation training. In enacting this section, it is the intent of the Legislature to encourage school districts and schools, individually or jointly, to develop a program whereby their staff and pupils understand the importance of this training and have an appropriate opportunity to develop these skills. (b) A school district or school, individually or jointly with another school district or school, may provide a comprehensive program in first aid or cardiopulmonary resuscitation (CPR) training, or both, to pupils and employees. The program shall be developed using the following guidelines: (1) The school district or school collaborates with existing local resources, including, but not limited to, parent teacher associations, hospitals, school nurses, fire departments, and other local agencies that promote safety, to make first aid or CPR training, or both, available to the pupils and employees of the school district or school. (2) Each school district that develops a program, or the school district that has jurisdiction over a school that develops a program, compiles a list of resources for first aid or CPR information, to be distributed to all of the schools in the district. (3) The first aid and CPR training are based on standards that are at least equivalent to the standards currently used by the American Red Cross or the American Heart Association. SEC. 12. Section 51264 of the Education Code is amended to read: 51264. (a) The State Department of Education shall prepare and distribute to school districts and county offices of education guidelines for incorporating in-service training in gang violence and drug and alcohol abuse prevention for teachers, counselors, athletic directors, school board members, and other educational personnel into the staff development plans of all school districts and county offices of education. (b) The department shall, upon request, assist school districts and county offices of education in developing comprehensive gang violence and drug and alcohol abuse prevention in-service training programs. The department's information and guidelines, to the maximum extent possible, shall encourage school districts and county offices of education to avoid duplication of effort by sharing resources, adapting or adopting model in-service training programs, developing joint and collaborative programs, and coordinating efforts with existing state staff development programs, county gang violence and drug and alcohol staff development programs, county health departments, county and city law enforcement agencies, and other public and private agencies providing health, drug, alcohol, gang violence prevention, or other related services at the local level. (c) The department shall assist school districts and county offices of education in qualifying for the receipt of federal and state funds to support their gang violence and drug and alcohol abuse prevention in-service training programs. (d) Each school that chooses to utilize the provisions of this article related to in-service training in gang violence and drug and alcohol abuse prevention, is encouraged to develop a single plan to strengthen its gang violence and drug and alcohol abuse prevention efforts. If a school develops or has developed a school improvement plan pursuant to Article 2 (commencing with Section 52010) of Chapter 6 of Part 28, or a school safety plan pursuant to Article 10.3 (commencing with Section 35294) of Chapter 2 of Part 21, it is encouraged to incorporate into that plan, where appropriate, the gang violence and drug and alcohol prevention plan that it has developed. (e) The department shall consult with the Office of Criminal Justice Planning regarding gang violence. SEC. 13. Section 52136 of the Education Code is repealed. SEC. 14. Section 52177 of the Education Code is amended to read: 52177. Out of funds appropriated for these purposes, the superintendent shall administer this article. The responsibilities of the superintendent in administering this article shall include, but are not limited to, ensuring all of the following: (a) Sufficient bilingual personnel are available within the department with familiarity, competency, and proficiency in bilingual-crosscultural instruction to meet the needs of this article and to administer, review, monitor, and evaluate the use of state or federal categorical aid funds allocated to local districts which have been wholly or partially allocated on the basis of the educational needs of pupils of limited-English proficiency. (b) Department personnel responsible for the administration, review, monitoring, or evaluation of programs operating pursuant to this article have been sufficiently trained to carry out the intent of this article to meet the needs of the pupil of limited-English proficiency. (c) There is within the department an administrative unit responsible for bilingual-bicultural educational programs and policies through which the superintendent shall carry out his or her functions pursuant to this article. (d) Districts are providing each pupil of limited-English proficiency with an educational opportunity equal to that available to English-speaking pupils; they are making appropriate use of local and state general funds to provide bilingual-crosscultural teachers and other required services; and an annual report is made to the Legislature regarding the extent to which this article has been implemented by school districts throughout the state. All districts in which pupils of limited-English proficiency are enrolled shall be reviewed through an onsite technical assistance, monitoring, and enforcement process at least once every three years. SEC. 15. Section 52656 of the Education Code is amended to read: 52656. (a) Notwithstanding any other provision of law, school districts that received apportionment for extraordinary needs in English as a second language and basic skills from Provision (4) of Schedule (a) of Item 6110-156-001 of the Budget Act of 1991 for the 1991-92 fiscal year shall continue to receive those funds in the school district's adult block entitlement in the 1992-93 fiscal year, and each fiscal year thereafter. (b) Commencing in the 1993-94 fiscal year, school districts that receive an apportionment from subdivision (a) shall give priority to eligible immigrants in need of courses pursuant to paragraphs (2), (3), and (4) of subdivision (a) of Section 41976 and Section 52653 of the Education Code. (c) School districts are not restricted by this chapter from providing classes for immigrants pursuant to paragraph (4) of subdivision (a) of Section 41976 of the Education Code with other funds for adult education that are available to the district. SEC. 16. Section 54696 of the Education Code is amended to read: 54696. The Legislature finds that each new academy requires technical assistance for the academy team, administrators, teachers, and private sector participants in the multiple aspects of the academy program that differ from the standard high school program. To provide for the transfer of the experiences gained in the operation of currently successful academies to new academies, the Superintendent of Public Instruction shall develop a technical assistance team whose members have prior involvement in successful academy operation and make their expertise available, as necessary, to each new academy during its first two years of operation. SEC. 17. Section 58523 of the Education Code is amended to read: 58523. The governing board of a school district receiving a grant pursuant to this chapter shall establish a single gender academy as a magnet school pursuant to its general power established under Section 35160 or as an alternative education magnet school pursuant to Chapter 3 (commencing with Section 58500). SEC. 18. Section 99306 of the Education Code is repealed. SEC. 19. Section 11372.7 of the Health and Safety Code is amended to read: 11372.7. (a) Except as otherwise provided in subdivision (b) or (e), each person who is convicted of a violation of this chapter shall pay a drug program fee in an amount not to exceed one hundred fifty dollars ($150) for each separate offense. The court shall increase the total fine, if necessary, to include this increment, which shall be in addition to any other penalty prescribed by law. (b) The court shall determine whether or not the person who is convicted of a violation of this chapter has the ability to pay a drug program fee. If the court determines that the person has the ability to pay, the court may set the amount to be paid and order the person to pay that sum to the county in a manner that the court believes is reasonable and compatible with the person's financial ability. In its determination of whether a person has the ability to pay, the court shall take into account the amount of any fine imposed upon that person and any amount that person has been ordered to pay in restitution. If the court determines that the person does not have the ability to pay a drug program fee, the person shall not be required to pay a drug program fee. (c) The county treasurer shall maintain a drug program fund. For every drug program fee assessed and collected pursuant to subdivisions (a) and (b), an amount equal to this assessment shall be deposited into the fund for every conviction pursuant to this chapter, in addition to fines, forfeitures, and other moneys which are transmitted by the courts to the county treasurer pursuant to Sections 11372.5 and 11502. These deposits shall be made prior to any transfer pursuant to Section 11502. Amounts deposited in the drug program fund shall be allocated by the administrator of the county's drug program to drug abuse programs in the schools and the community, subject to the approval of the board of supervisors, as follows: (1) The moneys in the fund shall be allocated through the planning process established pursuant to Sections 11983, 11983.1, 11983.2, and 11983.3. (2) A minimum of 33 percent of the fund shall be allocated to primary prevention programs in the schools and the community. Primary prevention programs developed and implemented under this article shall emphasize cooperation in planning and program implementation among schools and community drug abuse agencies, and shall demonstrate coordination through an interagency agreement among county offices of education, school district, and the county drug program administrator. These primary prevention programs may include: (A) School- and classroom-oriented programs, including, but not limited to, programs designed to encourage sound decisionmaking, an awareness of values, an awareness of drugs and their effects, enhanced self-esteem, social and practical skills that will assist students toward maturity, enhanced or improved school climate and relationships among all school personnel and students, and furtherance of cooperative efforts of school- and community-based personnel. (B) School- or community-based nonclassroom alternative programs, or both, including, but not limited to, positive peer group programs, programs involving youth and adults in constructive activities designed as alternatives to drug use, and programs for special target groups, such as women, ethnic minorities, and other high-risk, high-need populations. (C) Family-oriented programs, including, but not limited to, programs aimed at improving family relationships and involving parents constructively in the education and nurturing of their children, as well as in specific activities aimed at preventing drug abuse. (d) Moneys deposited into a county drug program fund pursuant to this section shall supplement, and shall not supplant, any local funds made available to support the county's drug abuse prevention and treatment efforts. (e) This section shall not apply to any person convicted of a violation of subdivision (b) of Section 11357 of the Health and Safety Code. SEC. 20. Section 104450 of the Health and Safety Code is amended to read: 104450. (a) The State Department of Education shall develop a common reporting format for districts receiving tobacco-use-prevention funds under this article. (b) The format required by subdivision (a) shall be designed to provide annual data on all of the following: (1) Tobacco-use-prevention education program expenditures. (2) Tobacco-use-prevention education program instructional and other services to targeted and general student populations. (3) Tobacco-use-prevention education program staff development and parent training. (4) Other information determined to be appropriate by the department. (c) The information provided by the format required by subdivision (a) shall be in a quantitative format that describes the number of individuals who are served and the number of individuals receiving each type of service. (d) In addition to the requirements of subdivision (c), the information to be provided by the format required by subdivision (a) shall include, at a minimum, all of the following: (1) (A) The number of students receiving tobacco-use-prevention instruction and the type of curriculum used. (B) The format required by subdivision (a) shall show, by category, those students listed for the purpose of subparagraph (A), in each target group listed in Section 104360. (2) Other programmatic activities directly targeted to students, and the number of students participating in each. (3) The types of staff development or other tobacco-use-prevention training and, by staff classification, the number of staff members receiving the training. (4) The number of parents receiving training and the types of training provided. (5) The types of programs geared toward community involvement and the number of people served by each type. (6) The types of services provided to target populations that are in addition to services provided to other students. (7) The number and size of schools that are tobacco-free. (8) The ways in which money appropriated for the purpose of this article has been spent, including the following categories: salaries, including, but limited to, personnel, and substitute teacher costs; benefits; travel; consultant services; operating expenses, including, but not limited to, curriculum and instructional materials, supplies, other; capital outlay; and indirect costs. (e) (1) Each county office of education shall provide to the State Department of Education an annual report on district expenditures and services within its respective county pursuant to the common reporting format developed by the State Department of Education. (2) The county shall provide an annual report of the information required in paragraph (8) of subdivision (d). SEC. 21. Section 11323.9 is added to the Welfare and Institutions Code, to read: 11323.9. Each county welfare department shall provide to the State Department of Social Services, on a monthly basis, data regarding child care usage and demand in stage one of child care services, as described in Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of the Education Code, through which a recipient of aid under this chapter, or any successor program, will pass. The specific information needed for these reports may be specified by the Department of Social Services or through provisions of the annual Budget Act. SEC. 22. Item 6110-001-890 of Section 2.00 of the Budget Act of 1991 is amended to read: 6110-001-890--For support of Department of Educa- tion, for payment to Item 6110-001-001, payable from the Federal Trust Fund.................... 49,323,000 Provisions: 1. The funds appropriated in this item include 1991-92 Federal Vocational Education Act funds to be transferred to the community colleges by means of interagency agreements. These funds shall be used by the community colleges for the administration of vocational education pro- grams. 2. Of the funds appropriated in this item, $47,500 is available to the Advisory Commission on Special Education for the in-state travel expenses of the commissioners and the secretary to the commission. 3. Of the funds appropriated in this item, $470,000 is available for programs for homeless youth and adults pursuant to the federal Stewart B. McKin- ney Act. The department shall participate on the Health and Welfare Agency Homeless Task Force and shall consult with the Departments of Economic Opportunity, Mental Health, Housing and Community Development, and Economic Develop- ment in operating this program. 4. Of the funds appropriated in this item, $200,000 shall be for the New Chance Demonstration Program, established pursuant to Chapter 931, Statutes of 1989. 6. Of the funds appropriated in this item, $364,000 shall be used to provide in-service training for teachers of the severely handicapped. These funds are also to provide four positions for this purpose. 7. Of the funds appropriated in this item, $500,000 shall be used to provide training, technical assis- tance, and resources to educational personnel, care providers, families, and others who work with individuals with dual sensory impairments. These funds are also to provide 5.5 positions for this purpose. 8. Of the funds appropriated in this item, $318,000 shall be used to provide training in culturally non-biased assessment and specialized language skills to special education teachers through Sec- ond Language Immersion Institutes. 9. Of the funds appropriated in this item, $150,000 shall be used to contract for the analysis of spe- cial education student level data and to establish a format to be used for ongoing analysis of this data. 10. Of the funds appropriated in this item, from the amount of federal Adult Basic Education (PL 100-297) funds designated for state opera- tions, the Department of Education is autho- rized to add one consultant and one half sup- port positions to provide oversight, coordina- tion, quality control and accountability of education programs for adults in correctional facilities, pursuant to Section 41841.5 of the Education Code. The Department of Edu- cation shall use these positions to study and identify the factors that have led to a rapid growth in ADA generated by adult education provided in correctional facilities. SEC. 23. Item 6110-001-890 of Section 2.00 of the Budget Act of 1992 is amended to read: 6110-001-890--For support of Department of Education, for payment to Item 6110-001-001, payable from the Federal Trust Fund ......................... 60,252,000 Provisions: 1. The funds appropriated to this item include 1992-93 Federal Vocational Education Act funds to be transferred to the community colleges by means of interagency agreements. These funds shall be used by the community colleges for the administration of vocational education programs. 2. Of the funds appropriated in this item, $47,500 is available to the Advisory Commission on Spec- ial Education for the in-state travel expenses of the commissioners and the secretary to the commission. 3. Of the funds appropriated in this item, $449,000 is available for programs for homeless youth and adults pursuant to the federal Stewart B. McKin- ney Act. The department shall participate on the Health and Welfare Agency Homeless Task Force and shall consult with the Departments of Economic Opportunity, Mental Health, Housing and Community Development, and Economic Development in operating this program. 4. Of the funds appropriated in this item, $200,000 shall be for the New Chance Demonstration Program, established pursuant to Chapter 931, Statutes of 1989. 6. Of the funds appropriated in this item, $364,000 shall be used to provide in-service training for teachers of the severely handicapped. These funds are also to provide four positions for this purpose. 7. Of the funds appropriated in this item, $500,000 shall be used to provide training, technical assistance, and resources to educational personnel, care providers, families, and others who work with individuals with dual sensory impairments. These funds are also to provide 5.5 positions for this purpose. 8. Of the funds appropriated in this item, $318,000 shall be used to provide training in culturally nonbiased assessment and specialized language skills to special education teachers through Second Language Immersion Institutes. 9. Of the funds appropriated in this item, $150,000 shall be used to contract for the analysis of special education student level data and to establish a format to be used for ongoing analysis of this data. 10. Of the funds appropriated in this item, from the amount of federal Adult Basic Education (PL 100-297) funds designated for state operations, the Department of Ed- ucation is authorized to continue to fund one consultant and one-half support positions to provide oversight, coordination, quality control and accountability of education programs for adults in correctional facili- ties, pursuant to Section 41841.5 of the Education Code. The Department of Education shall use these positions to study and identify the factors that have led to a rapid growth in ADA generated by adult education provided in correctional facilities. SEC. 24. Section 2 of Chapter 1047 of the Statutes of 1996 is repealed.