BILL NUMBER: AB 607 CHAPTERED
BILL TEXT
CHAPTER 704
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE ASSEMBLY AUGUST 31, 2006
PASSED THE SENATE AUGUST 29, 2006
AMENDED IN SENATE AUGUST 28, 2006
AMENDED IN SENATE AUGUST 22, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 22, 2006
AMENDED IN ASSEMBLY JANUARY 4, 2006
AMENDED IN ASSEMBLY APRIL 25, 2005
INTRODUCED BY Assembly Member Goldberg
(Coauthors: Senators Alquist, Romero, and Torlakson)
FEBRUARY 17, 2005
An act to amend Sections 1240, 17002, 17076.10, 17592.72, 35186,
and 60119 of, and to add Sections 1242 and 1242.5 to, the Education
Code, relating to school facilities, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 607, Goldberg School Facilities Emergency Repair Account.
(1) Existing law requires a county superintendent of schools,
among other things, to visit and examine each school in the county to
observe its operation and learn of its problems. Existing law
requires the county superintendent to annually present a report to
the governing board of each school district under his or her
jurisdiction, and to the board of supervisors of the county,
describing the state of the schools in the county that are ranked in
deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index (API).
This bill would require the annual report to be submitted in
November at a regularly scheduled meeting of the governing board. The
bill would require the report to include certain determinations for
each school and teacher misassignments and teacher vacancies and
would require the county superintendent, or his or her designee, to
use a standardized template to report those details, unless those
details are already being reported by the county superintendent, or
his or her designee.
The bill would require commencing with the 2006-07 fiscal year,
certain funds appropriated pursuant to the Budget Act of 2006 to
county offices of education for site visits to be allocated to
elementary, middle or junior, and high schools, as specified. The
bill would provide an additional allocation, as specified, to county
offices of education that are responsible for visiting more than 150
schoolsites. The bill would set $10,000 as the minimum amount for
allocation to county offices of education.
The bill would require the State Department of Education to review
the actual costs of 2005-06 fiscal year site visits conducted and if
the department determines that a county office of education did not
expend the funds allocated, the amount that exceeds the amount spent
shall revert to a certain fund and would be available to cover
certain extraordinary costs incurred by county offices of education.
The bill would require the department to allocate the funds to county
offices of education by June 30, 2007.
(2) Existing law, the Leroy F. Greene School Facilities Act of
1998, requires the State Allocation Board to allocate to applicant
school districts, prescribed per-unhoused-pupil state funding for
construction and modernization of school facilities, including
hardship funding, and supplemental funding for site development and
acquisition. Existing law requires a school district that receives
funding pursuant to the act to submit to the board a summary report
of expenditure of state funds and district matching funds annually
until all state funds and district matching funds are expended and
then to submit a final report, and authorizes the board to require an
audit of these reports or other district records to ensure all funds
received under the act are expended in accordance with program
requirements. Existing law provides that, if the board, after the
review of expenditures or the audit, determines that a school
district failed to expend funds in accordance with the act, the
Department of General Services is required to notify the school
district of the amount that must be repaid within 60 days and to
notify the Controller and the school district if the district fails
to make that payment, and requires the Controller to deduct that
amount from the district's next principal apportionment of state
funds, as specified.
This bill would require the board to approve a plan of equal
annual payments, with interest, as specified, over a period of up to
5 years if the board determines that repayment of the full liability
within 60 days after the board's action would constitute a severe
financial hardship, as defined by the board, for the school district.
The bill would require the Controller to withhold certain amounts
pursuant to the plan.
(3) Existing law establishes the School Facilities Emergency
Repair Account in the State Treasury, to be administered by the State
Allocation Board, for the purpose of reimbursing school districts
with schools ranked in deciles 1 to 3, inclusive, on the API, as
specified, for emergency facility repairs, as provided.
This bill would provide that, commencing with the 2006-07 fiscal
year, the money in the account is also available to fund grants for
certain, listed necessary repairs that meet certain conditions. The
bill would require the board to establish a process for schools to
apply for the grants and provide certification of the completion of
the projects. The bill would require the board to post the grant
application form on its Internet Web site.
(4) Existing law requires a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to instructional materials, conditions of facilities that are
not maintained in a clean and safe manner or in good repair, and
teacher vacancy or misassignment. Existing law requires a notice to
be posted in each classroom in each school in the school district
notifying parents and guardians that there should be sufficient
textbooks or instructional materials, school facilities must be
clean, safe, and in good repair, and there should be no teacher
vacancies or misassignments, as defined. Existing law also requires
the notice to inform parents of the location to obtain a form to file
a complaint in case of a shortage. Existing law authorizes a
complaint to be filed anonymously. If a complainant identified
himself or herself, the complainant is entitled to a response if he
or she indicates that a response is requested.
This bill would require, if certain conditions are met, the report
and response, if requested, to be written in English and the primary
language in which the complaint was filed, thereby establishing a
state-mandated local program.
(5) This bill would make other technical, nonsubstantive changes
to existing law.
(6) This bill would make an appropriation by requiring the
remaining unencumbered balance of certain funds appropriated to
county offices of education for certain reviews and monitoring of
schools and to conduct and report on site visits, as specified, to
remain available for expenditure through June 30, 2008, for purposes
of certain site visit reports on the state of certain schools.
(7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1240 of the Education Code is amended to read:
1240. The county superintendent of schools shall do all of the
following:
(a) Superintend the schools of his or her county.
(b) Maintain responsibility for the fiscal oversight of each
school district in his or her county pursuant to the authority
granted by this code.
(c) (1) Visit and examine each school in his or her county at
reasonable intervals to observe its operation and to learn of its
problems. He or she may annually present a report of the state of the
schools in his or her county, and of his or her office, including,
but not limited to, his or her observations while visiting the
schools, to the board of education and the board of supervisors of
his or her county.
(2) (A) For fiscal years 2004-05 to 2006-07, inclusive, to the
extent that funds are appropriated for purposes of this paragraph,
the county superintendent, or his or her designee, shall annually
submit a report, at a regularly scheduled November board meeting, to
the governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index (API), as defined in subdivision (b) of Section 17592.70, and
shall include, among other things, his or her observations while
visiting the schools and his or her determinations for each school
regarding the status of all of the circumstances listed in
subparagraph (I) and teacher misassignments and teacher vacancies. As
a condition for receipt of funds, the county superintendent, or his
or her designee, shall use a standardized template to report the
circumstances listed in subparagraph (I) and teacher misassignments
and teacher vacancies, unless the current annual report being used by
the county superintendent, or his or her designee, already includes
those details for each school.
(B) Commencing with the 2007-08 fiscal year, to the extent that
funds are appropriated for purposes of this paragraph, the county
superintendent, or his or her designee, shall annually submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to
Section 52056. As a condition for the receipt of funds, the annual
report shall include the determinations for each school made by the
county superintendent, or his or her designee, regarding the status
of all of the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision. For
purposes of this section, schools ranked in deciles 1 to 3,
inclusive, on the 2006 base API shall include any schools determined
by the department to meet either of the following:
(i) The school meets all of the following criteria:
(I) Does not have a valid base API score for 2006.
(II) Is operating in fiscal year 2007-08 and was operating in
fiscal year 2006-07 during the Standardized Testing and Reporting
(STAR) Program testing period.
(III) Has a valid base API score for 2005 that was ranked in
deciles 1 to 3, inclusive, in that year.
(ii) The school has an estimated base API score for 2006 that
would be in deciles 1 to 3, inclusive.
(C) The department shall estimate an API score for any school
meeting the criteria of subclauses (I) and (II) of clause (i) of
subparagraph (B) of paragraph (2) and not meeting the criteria of
subclause (III) of clause (i) of subparagraph (B) of paragraph (2),
using available testing scores and any weighting or corrective
factors it deems appropriate. The department shall post the API
scores on its Internet Web site on or before May 1.
(D) For purposes of this section, references to schools ranked in
deciles 1 to 3, inclusive, on the 2006 base API shall exclude any
schools operated by county offices of education pursuant to Section
56140, as determined by the department.
(E) (i) Commencing with the 2010-11 fiscal year and every third
year thereafter, the Superintendent shall identify a list of schools
ranked in deciles 1 to 3, inclusive, of the API for which the county
superintendent, or his or her designee, shall annually submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county that describes the
state of the schools in the county or of his or her office that are
ranked in deciles 1 to 3, inclusive, of the base API as defined in
clause (ii).
(ii) For the 2010-11 fiscal year, the list of schools ranked in
deciles 1 to 3, inclusive, of the base API shall be updated using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the 2009 base
API and thereafter shall be updated every third year using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the base API of
the year preceding the third year consistent with clause (i).
(iii) As a condition for the receipt of funds, the annual report
shall include the determinations for each school made by the county
superintendent, or his or her designee, regarding the status of all
of the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (I) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision.
(F) The county superintendent of the Counties of Alpine, Amador,
Del Norte, Mariposa, Plumas, Sierra, and the City and County of San
Francisco shall contract with another county office of education or
an independent auditor to conduct the required visits and make all
reports required by this paragraph.
(G) On a quarterly basis, the county superintendent, or his or her
designee, shall report the results of the visits and reviews
conducted that quarter to the governing board of the school district
at a regularly scheduled meeting held in accordance with public
notification requirements. The results of the visits and reviews
shall include the determinations of the county superintendent, or his
or her designee, for each school regarding the status of all of the
circumstances listed in subparagraph (I) and teacher misassignments
and teacher vacancies. If the county superintendent, or his or her
designee, conducts no visits or reviews in a quarter, the quarterly
report shall report that fact.
(H) The visits made pursuant to this paragraph shall be conducted
at least annually and shall meet the following criteria:
(i) Minimize disruption to the operation of the school.
(ii) Be performed by individuals who meet the requirements of
Section 45125.1.
(iii) Consist of not less than 25 percent unannounced visits in
each county. During unannounced visits in each county, the county
superintendent shall not demand access to documents or specific
school personnel. Unannounced visits shall only be used to observe
the condition of school repair and maintenance, and the sufficiency
of instructional materials, as defined by Section 60119.
(I) The priority objective of the visits made pursuant to this
paragraph shall be to determine the status of all of the following
circumstances:
(i) Sufficient textbooks as defined in Section 60119 and as
specified in subdivision (i).
(ii) The condition of a facility that poses an emergency or urgent
threat to the health or safety of pupils or staff as defined in
district policy or paragraph (1) of subdivision (c) of Section
17592.72.
(iii) The accuracy of data reported on the school accountability
report card with respect to the availability of sufficient textbooks
and instructional materials, as defined by Section 60119, and the
safety, cleanliness, and adequacy of school facilities, including
good repair as required by Sections 17014, 17032.5, 17070.75, and
17089.
(J) The county superintendent may make the status determinations
described in subparagraph (I) during a single visit or multiple
visits. In determining whether to make a single visit or multiple
visits for this purpose, the county superintendent shall take into
consideration factors such as cost-effectiveness, disruption to the
schoolsite, deadlines, and the availability of qualified reviewers.
(K) If the county superintendent determines that the condition of
a facility poses an emergency or urgent threat to the health or
safety of pupils or staff as defined in district policy or paragraph
(1) of subdivision (c) of Section 17592.72, or is not in good repair,
as specified in subdivision (d) of Section 17002 and required by
Sections 17014, 17032.5, 17070.75, and 17089, the county
superintendent may, among other things, do any of the following:
(i) Return to the school to verify repairs.
(ii) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance if the district has not
provided evidence of successful repairs within 30 days of the county
superintendent's visit or, for major projects, has not provided
evidence that the repairs will be conducted in a timely manner. The
report may be provided to the governing board of the school district.
If the report is provided to the school district, it shall be
presented at a regularly scheduled meeting held in accordance with
public notification requirements. The county superintendent shall
post the report on its Internet Web site. The report shall be removed
from the Internet Web site when the county superintendent verifies
the repairs have been completed.
(d) Distribute all laws, reports, circulars, instructions, and
blanks that he or she may receive for the use of the school officers.
(e) Annually, on or before August 15, present a report to the
governing board of the school district and the Superintendent
regarding the fiscal solvency of any school district with a
disapproved budget, qualified interim certification, or a negative
interim certification, or that is determined at any time to be in a
position of fiscal uncertainty pursuant to Section 42127.6.
(f) Keep in his or her office the reports of the Superintendent.
(g) Keep a record of his or her official acts, and of all the
proceedings of the county board of education, including a record of
the standing, in each study, of all applicants for certificates who
have been examined, which shall be open to the inspection of any
applicant or his or her authorized agent.
(h) Enforce the course of study.
(i) (1) Enforce the use of state textbooks and instructional
materials and of high school textbooks and instructional materials
regularly adopted by the proper authority in accordance with Section
51050.
(2) For purposes of this subdivision, sufficient textbooks or
instructional materials has the same meaning as in subdivision (c) of
Section 60119.
(3) (A) Commencing with the 2005-06 school year, if a school is
ranked in any of deciles 1 to 3, inclusive, of the 2003 base API, as
defined in subdivision (b) of Section 17592.70, and not currently
under review pursuant to a state or federal intervention program, the
county superintendent shall specifically review that school at least
annually as a priority school. A review conducted for purposes of
this paragraph shall be completed by the fourth week of the school
year. For the 2004-05 fiscal year only, the county superintendent
shall make a diligent effort to conduct a visit to each school
pursuant to this paragraph within 120 days of receipt of funds for
this purpose.
(B) In order to facilitate the review of instructional materials
before the fourth week of the school year, the county superintendent
of schools in a county with 200 or more schools that are ranked in
any of deciles 1 to 3, inclusive, of the 2003 base API, as defined in
subdivision (b) of Section 17592.70, may utilize a combination of
visits and written surveys of teachers for the purpose of determining
sufficiency of textbooks and instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined in subdivision (c) of Section 60119. If a county
superintendent of schools elects to conduct written surveys of
teachers, the county superintendent of schools shall visit the
schools surveyed within the same academic year to verify the accuracy
of the information reported on the surveys. If a county
superintendent surveys teachers at a school in which the county
superintendent has found sufficient textbooks and instructional
materials for the previous two consecutive years and determines that
the school does not have sufficient textbooks or instructional
materials, the county superintendent shall within 10 business days
provide a copy of the insufficiency report to the school district as
set forth in paragraph (4).
(C) For purposes of this paragraph, "written surveys" may include
paper and electronic or online surveys.
(4) If the county superintendent determines that a school does not
have sufficient textbooks or instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined by subdivision (c) of Section 60119, the county
superintendent shall do all of the following:
(A) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance.
(B) Provide within five business days of the review, a copy of the
report to the school district, as provided in subdivision (c), or,
if applicable, provide a copy of the report to the school district
within 10 business days pursuant to subparagraph (B) of paragraph
(3).
(C) Provide the school district with the opportunity to remedy the
deficiency. The county superintendent shall ensure remediation of
the deficiency no later than the second month of the school term.
(D) If the deficiency is not remedied as required pursuant to
subparagraph (C), the county superintendent shall request the
department to purchase the textbooks or instructional materials
necessary to comply with the sufficiency requirement of this
subdivision. If the department purchases textbooks or instructional
materials for the school district, the department shall issue a
public statement at the first regularly scheduled meeting of the
state board occurring immediately after the department receives the
county superintendent's request and that meets the applicable public
notice requirements, indicating that the district superintendent and
the governing board of the school district failed to provide pupils
with sufficient textbooks or instructional materials as required by
this subdivision. Before purchasing the textbooks or instructional
materials, the department shall consult with the district to
determine which textbooks or instructional materials to purchase. All
purchases of textbooks or instructional materials shall comply with
Chapter 3.25 (commencing with Section 60420) of Part 33. The amount
of funds necessary for the purchase the textbooks and materials is a
loan to the school district receiving the textbooks or instructional
materials. Unless the school district repays the amount owed based
upon an agreed-upon repayment schedule with the Superintendent, the
Superintendent shall notify the Controller and the Controller shall
deduct an amount equal to the total amount used to purchase the
textbooks and materials from the next principal apportionment of the
district or from another apportionment of state funds.
(j) Preserve carefully all reports of school officers and
teachers.
(k) Deliver to his or her successor, at the close of his or her
official term, all records, books, documents, and papers belonging to
the office, taking a receipt for them, which shall be filed with the
department.
(l) (1) Submit two reports during the fiscal year to the county
board of education in accordance with the following:
(A) The first report shall cover the financial and budgetary
status of the county office of education for the period ending
October 31. The second report shall cover the period ending January
31. Both reports shall be reviewed by the county board of education
and approved by the county superintendent of schools no later than 45
days after the close of the period being reported.
(B) As part of each report, the county superintendent shall
certify in writing whether or not the county office of education is
able to meet its financial obligations for the remainder of the
fiscal year and, based on current forecasts, for two subsequent
fiscal years. The certifications shall be classified as positive,
qualified, or negative, pursuant to standards prescribed by the
Superintendent, for the purposes of determining subsequent state
agency actions pursuant to Section 1240.1. For purposes of this
subdivision, a negative certification shall be assigned to any county
office of education that, based upon current projections, will not
meet its financial obligations for the remainder of the fiscal year
or for the subsequent fiscal year. A qualified certification shall be
assigned to any county office of education that may not meet its
financial obligations for the current fiscal year or two subsequent
fiscal years. A positive certification shall be assigned to any
county office of education that will meet its financial obligations
for the current fiscal year and subsequent two fiscal years. In
accordance with those standards, the Superintendent may reclassify
any certification. If a county office of education receives a
negative certification, the Superintendent, or his or her designee,
may exercise the authority set forth in subdivision (c) of Section
1630. Copies of each certification, and of the report containing that
certification, shall be sent to the Superintendent at the time the
certification is submitted to the county board of education. Copies
of each qualified or negative certification and the report containing
that certification shall be sent to the Controller at the time the
certification is submitted to the county board of education.
(2) All reports and certifications required under this subdivision
shall be in a format or on forms prescribed by the Superintendent,
and shall be based on standards and criteria for fiscal stability
adopted by the State Board of Education pursuant to Section 33127.
The reports and supporting data shall be made available by the county
superintendent of schools to any interested party upon request.
(3) This subdivision does not preclude the submission of
additional budgetary or financial reports by the county
superintendent to the county board of education or to the
Superintendent.
(4) The county superintendent of schools is not responsible for
the fiscal oversight of the community colleges in the county,
however, he or she may perform financial services on behalf of those
community colleges.
(m) If requested, act as agent for the purchase of supplies for
the city and high school districts of his or her county.
(n) For purposes of Section 44421.5, report to the Commission on
Teacher Credentialing the identity of any certificated person who
knowingly and willingly reports false fiscal expenditure data
relative to the conduct of any educational program. This requirement
applies only if, in the course of his or her normal duties, the
county superintendent of schools discovers information that gives him
or her reasonable cause to believe that false fiscal expenditure
data relative to the conduct of any educational program has been
reported.
SEC. 2. Section 1242 is added to the Education Code, to read:
1242. (a) Commencing with the 2006-07 fiscal year, funds
appropriated pursuant to Item 6110-266-0001 of Section 2.0 of Chapter
47 of the Statutes of 2006 to county offices of education for site
visits conducted pursuant to Section 1240, shall be allocated as
follows:
(1) Two thousand five hundred dollars ($2,500) for each elementary
school.
(2) Three thousand five hundred dollars ($3,500) for each middle
or junior high school.
(3) Five thousand dollars ($5,000) for each high school.
(b) In addition to the funds described in subdivision (a), county
offices of education shall receive additional funding for sites whose
enrollment in the prior year is 20 percent greater than the average
enrollment of all sites for the prior year as follows:
(1) Two dollars and fifty cents ($2.50) for each pupil that
exceeds a total elementary school enrollment of 856 pupils.
(2) Three dollars and fifty cents ($3.50) for each pupil that
exceeds a total middle school or junior high school enrollment of
1,427 pupils.
(3) Five dollars ($5.00) for each pupil that exceeds a total high
school enrollment of 2,296 pupils.
(c) County offices of education that are responsible for visiting
more than 150 schoolsites shall receive an additional allocation of
one dollar ($1.00) per pupil for the total prior year enrollment of
all sites visited.
(d) The minimum amount for allocation pursuant to this section to
county offices of education shall be ten thousand dollars ($10,000).
SEC. 3. Section 1242.5 is added to the Education Code, to read:
1242.5. On or before March 31, 2007, the department shall review
the actual costs of 2005-06 fiscal year site visits conducted
pursuant to Section 1240. If the department determines that a county
office of education did not expend the funds allocated for this
purpose during the 2006-07 fiscal year, the amount that exceeds the
amount spent shall revert to the extraordinary cost pool created by
Chapter 710 of the Statutes of 2005 and shall be available to cover
the extraordinary costs incurred by county offices of education as a
result of the reviews conducted pursuant to Section 1240. Based on a
determination by the department and the Department of Finance that is
was necessary for a county office of education to incur
extraordinary costs to conduct the site visits, funds in the amount
necessary to cover these costs shall be allocated to the county
office of education by June 30, 2007.
SEC. 4. Section 17002 of the Education Code is amended to read:
17002. The following terms wherever used or referred to in this
chapter, shall have the following meanings, respectively, unless a
different meaning appears from the context:
(a) "Apportionment" means a reservation of funds necessary to
finance the cost of any project approved by the board for lease to an
applicant school district.
(b) "Board" means the State Allocation Board.
(c) "Cost of project" includes, but is not limited to, the cost of
all real estate property rights, and easements acquired, and the
cost of developing the site and streets and utilities immediately
adjacent thereto, the cost of construction, reconstruction, or
modernization of buildings and the furnishing and equipping,
including the purchase of educational technology hardware, of those
buildings, the supporting wiring and cabling, and the technological
modernization of existing buildings to support that hardware, the
cost of plans, specifications, surveys, and estimates of costs, and
other expenses that are necessary or incidental to the financing of
the project. For purposes of this section, "educational technology
hardware" includes, but is not limited to, computers, telephones,
televisions, and video cassette recorders.
(d) (1) "Good repair" means the facility is maintained in a manner
that assures that it is clean, safe, and functional as determined
pursuant to a school facility inspection and evaluation instrument
developed by the Office of Public School Construction and approved by
the board or a local evaluation instrument that meets the same
criteria. Until the school facility inspection and evaluation
instrument is approved by the board, "good repair" means the facility
is maintained in a manner that assures that it is clean, safe, and
functional as determined by the interim evaluation instrument
developed by the Office of Public School Construction or a local
evaluation instrument that meets the same criteria as the interim
evaluation instrument. The school facility inspection and evaluation
instrument and local evaluation instruments that meet the minimum
criteria of this subdivision shall not require capital enhancements
beyond the standards to which the facility was designed and
constructed. In order to provide that school facilities are reviewed
to be clean, safe, and functional, the school facility inspection and
evaluation instrument and local evaluation instruments shall include
at least the following criteria:
(A) Gas systems and pipes appear and smell safe, functional, and
free of leaks.
(B) (i) Mechanical systems, including heating, ventilation, and
air-conditioning systems, are functional and unobstructed.
(ii) Appear to supply adequate amount of air to all classrooms,
work spaces, and facilities.
(iii) Maintain interior temperatures within normally acceptable
ranges.
(C) Doors and windows are intact, functional and open, close, and
lock as designed, unless there is a valid reason they should not
function as designed.
(D) Fences and gates are intact, functional, and free of holes and
other conditions that could present a safety hazard to pupils,
staff, or others. Locks and other security hardware function as
designed.
(E) Interior surfaces, including walls, floors, and ceilings, are
free of safety hazards from tears, holes, missing floor and ceiling
tiles, torn carpet, water damage, or other cause. Ceiling tiles are
intact. Surfaces display no evidence of mold or mildew.
(F) Hazardous and
flammable materials are stored properly. No evidence of peeling,
chipping, or cracking paint is apparent. No indicators of mold,
mildew, or asbestos exposure are evident. There is no apparent
evidence of hazardous materials that may pose a threat to the health
and safety of pupils or staff.
(G) Structures, including posts, beams, supports for portable
classrooms and ramps, and other structural building members appear
intact, secure, and functional as designed. Ceilings and floors are
not sloping or sagging beyond their intended design. There is no
visible evidence of severe cracks, dry rot, mold, or damage that
undermines structural components.
(H) Fire sprinklers, fire extinguishers, emergency alarm systems,
and all emergency equipment and systems appear to be functioning
properly. Fire alarm pull stations are clearly visible. Fire
extinguishers are current and placed in all required areas, including
every classroom and assembly area. Emergency exits are clearly
marked and unobstructed.
(I) Electrical systems, components, and equipment, including
switches, junction boxes, panels, wiring, outlets, and light
fixtures, are securely enclosed, properly covered and guarded from
pupil access, and appear to be working properly.
(J) Lighting appears to be adequate and working properly. Lights
do not flicker, dim, or malfunction, and there is no unusual hum or
noise from light fixtures. Exterior lights onsite appear to be
working properly.
(K) No visible or odorous indicators of pest or vermin infestation
are evident.
(L) Interior and exterior drinking fountains are functional,
accessible, and free of leaks. Drinking fountain water pressure is
adequate. Fountain water is clear and without unusual taste or odor,
and moss, mold, or excessive staining is not evident.
(M) (i) Restrooms and restroom fixtures are functional.
(ii) Appear to be maintained and stocked with supplies regularly.
(iii) Appear to be accessible to pupils during the schoolday.
(iv) Appear to be in compliance with Section 35292.5.
(N) The sanitary sewer system controls odor as designed, displays
no signs of stoppage, backup, or flooding, in the facilities or on
school grounds, and appears to be functioning properly.
(O) Roofs, gutters, roof drains, and downspouts appear to be
functioning properly and are free of visible damage and evidence of
disrepair when observed from the ground inside and outside of the
building.
(P) The school grounds do not exhibit signs of drainage problems,
such as visible evidence of flooded areas, eroded soil, water damage
to asphalt playgrounds or parking areas, or clogged storm drain
inlets.
(Q) Playground equipment and exterior fixtures, seating, tables,
and equipment are functional and free of significant cracks, trip
hazards, holes, deterioration that affects functionality or safety,
and other health and safety hazards.
(R) School grounds, fields, walkways, and parking lot surfaces are
free of significant cracks, trip hazards, holes, deterioration that
affects functionality or safety, and other health and safety hazards.
(S) Overall cleanliness of the school grounds, buildings, common
areas, and individual rooms demonstrates that all areas appear to
have been cleaned regularly, and are free of accumulated refuse and
unabated graffiti. Restrooms, drinking fountains, and food
preparation or serving areas appear to have been cleaned each day
that the school is in session.
(2) (A) On or before January 1, 2007, the Office of Public School
Construction shall develop the school facility inspection and
evaluation instrument and instructions for users. The school facility
inspection and evaluation instrument and local evaluation
instruments that meet the minimum criteria of this subdivision shall
include a system that will evaluate each facility, based on the
criteria listed in paragraph (1), on a scale of "good," "fair," or
"poor," as developed by the Office of Public School Construction, and
provide an overall summary of the conditions at each school on a
scale of "exemplary," "good," "fair," or "poor."
(B) On or before July 1, 2007, the Office of Public School
Construction, in consultation with county offices of education, shall
define objective criteria for determining the overall summary of the
conditions of schools.
(C) For purposes of this paragraph, "users" means local
educational agencies that participate in either of the programs
established pursuant to this chapter, Chapter 12.5 (commencing with
Section 17070.10), or Section 17582.
(e) "Lease" includes a lease with an option to purchase.
(f) "Project" means the facility being constructed or acquired by
the state for rental to the applicant school district and may include
the reconstruction or modernization of existing buildings,
construction of new buildings, the grading and development of sites,
acquisition of sites therefor and any easements or rights-of-way
pertinent thereto or necessary for its full use including the
development of streets and utilities.
(g) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
SEC. 5. Section 17076.10 of the Education Code is amended to read:
17076.10. (a) A school district that has received any funds
pursuant to this chapter shall submit a summary report of expenditure
of state funds and of district matching funds annually until all
state funds and district matching funds are expended, and shall then
submit a final report to the board. The board may require an audit of
these reports or other district records to ensure that all funds
received pursuant to this chapter are expended in accordance with
program requirements.
(b) If the board finds that a participating school district has
made no substantial progress towards increasing its pupil capacity or
modernizing its facilities within 18 months of the receipt of any
funding pursuant to this chapter, the board shall rescind the
apportionment in an amount equal to the unexpended funds.
(c) (1) If the board, after the review of expenditures or audit
has been conducted pursuant to subdivision (a), determines that a
school district failed to expend funds in accordance with this
chapter, the department shall notify the school district of the
amount that must be repaid to the 1998 State School Facilities Fund,
the 2002 State School Facilities Fund, or the 2004 State School
Facilities Fund, as the case may be, within 60 days. If the school
district fails to make the required payment within 60 days, the
department shall notify the Controller and the school district in
writing, and the Controller shall deduct an amount equal to the
amount received by the school district under this subdivision, from
the school district's next principal apportionment or apportionments
of state funds to the school district, other than basic aid
apportionments required by Section 6 of Article IX of the California
Constitution. Any amounts obtained by the Controller shall be
deposited into the 1998 State School Facilities Fund, the 2002 State
School Facilities Fund, or the 2004 State School Facilities Fund, as
appropriate.
(2) Notwithstanding paragraph (1), if the board determines that
repayment of the full liability within 60 days after the board action
would constitute a severe financial hardship, as defined by the
board, for the school district, the board shall approve a plan of
equal annual payments over a period of up to five years. The plan
shall include interest on each year's outstanding balance at the rate
earned on the state's Pooled Money Investment Account during that
year. The Controller shall withhold amounts, other than basic aid
apportionments required by Section 6 of Article IX of the California
Constitution, pursuant to the plan.
(d) If a school district has received an apportionment, but has
not met the criteria to have funds released pursuant to Section
17072.32 or 17074.15 within a period established by the board, but
not to exceed 18 months, the board shall rescind the apportionment
and deny the district's application.
SEC. 6. Section 17592.72 of the Education Code is amended to read:
17592.72. (a) (1) For the 2005-06 fiscal year, all moneys in the
School Facilities Emergency Repair Account are available for
reimbursement to schools ranked in deciles 1 to 3, inclusive, on the
Academic Performance Index, pursuant to Section 52056, based on the
2003 base Academic Performance Index score for each school, as
defined in subdivision (b) of Section 17592.70, to meet the repair
costs of the school district projects that meet the criteria
specified in subdivisions (c) and (d) and as approved by the State
Allocation Board.
(2) Commencing with the 2006-07 fiscal year, all moneys in the
School Facilities Emergency Repair Account are available for the
purpose of providing emergency repair grants to schools ranked in
deciles 1 to 3, inclusive, on the Academic Performance Index,
pursuant to Section 52056, based on the 2003 base Academic
Performance Index score for each school, as defined in subdivision
(b) of Section 17592.70, to cover the costs of school district repair
projects that meet the criteria specified in subdivisions (c) and
(d). The State Allocation Board shall establish a grant application
process, grant parameters, substantial progress requirements, and a
process for providing certification of the completion of projects.
The State Allocation Board shall post the grant application form on
its Internet Web site.
(3) For subsequent fiscal years, schools shall be eligible for
funding based on the Academic Performance Index scores as specified
in paragraph (2) of subdivision (c) of Section 1240.
(b) (1) It is the intent of the Legislature that each school
district exercise due diligence in the administration of deferred
maintenance and regular maintenance in order to avoid the occurrence
of emergency repairs.
(2) Funds made available pursuant to this article shall
supplement, not supplant, existing funds available for maintenance of
school facilities.
(3) The board is authorized to deny future funding pursuant to
this article to a school district if the board determines that there
is a pattern of failure to exercise due diligence pursuant to
paragraph (1) or supplantation. If the board finds a pattern of
failure to exercise due diligence, the board shall notify the county
superintendent of schools in which the school district is located.
(c) (1) For purposes of this article, "emergency facilities needs"
means structures or systems that are in a condition that poses a
threat to the health and safety of pupils or staff while at school.
These projects may include, but are not limited to, the following
types of facility repairs or replacements:
(A) Gas leaks.
(B) Nonfunctioning heating, ventilation, fire sprinklers, or
air-conditioning systems.
(C) Electrical power failure.
(D) Major sewer line stoppage.
(E) Major pest or vermin infestation.
(F) Broken windows or exterior doors or gates that will not lock
and that pose a security risk.
(G) Abatement of hazardous materials previously undiscovered that
pose an immediate threat to pupil or staff.
(H) Structural damage creating a hazardous or uninhabitable
condition.
(2) For purposes of this section, "emergency facilities needs"
does not include any cosmetic or nonessential repairs.
(d) For the purpose of this section, structures or components
shall only be replaced if it is more cost-effective than repair.
SEC. 7. Section 35186 of the Education Code is amended to read:
35186. (a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing with
Section 4600) of Title 5 of the California Code of Regulations, with
modifications, as necessary, to help identify and resolve any
deficiencies related to instructional materials, emergency or urgent
facilities conditions that pose a threat to the health and safety of
pupils or staff, and teacher vacancy or misassignment.
(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
(3) A complaint shall be filed with the principal of the school or
his or her designee. A complaint about problems beyond the authority
of the school principal shall be forwarded in a timely manner but
not to exceed 10 working days to the appropriate school district
official for resolution.
(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of the
district superintendent shall remedy a valid complaint within a
reasonable time period but not to exceed 30 working days from the
date the complaint was received. The principal or designee of the
district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee of
the district superintendent.
(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the
right to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing board. As
to complaints involving a condition of a facility that poses an
emergency or urgent threat, as defined in paragraph (1) of
subdivision (c) of Section 17592.72, a complainant who is not
satisfied with the resolution proffered by the principal or the
designee of the district superintendent has the right to file an
appeal to the Superintendent, who shall provide a written report to
the State Board of Education describing the basis for the complaint
and, as appropriate, a proposed remedy for the issue described in the
complaint.
(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints
by general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
(e) The procedure required pursuant to this section is intended to
address all of the following:
(1) A complaint related to instructional materials as follows:
(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
(B) A pupil does not have access to instructional materials to use
at home or after school.
(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
(2) A complaint related to teacher vacancy or misassignment as
follows:
(A) A semester begins and a teacher vacancy exists.
(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
(f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
(2) School facilities must be clean, safe, and maintained in good
repair.
(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
(4) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
(h) For purposes of this section, the following definitions apply:
(1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
(2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
(3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
SEC. 8. Section 60119 of the Education Code is amended to read:
60119. (a) In order to be eligible to receive funds available for
the purposes of this article, the governing board of a school
district shall take the following actions:
(1) (A) The governing board shall hold a public hearing or
hearings at which the governing board shall encourage participation
by parents, teachers, members of the community interested in the
affairs of the school district, and bargaining unit leaders, and
shall make a determination, through a resolution, as to whether each
pupil in each school in the district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 in each of the following
subjects, as appropriate, that are consistent with the content and
cycles of the curriculum framework adopted by the state board:
(i) Mathematics.
(ii) Science.
(iii) History-social science.
(iv) English/language arts, including the English language
development component of an adopted program.
(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that year
on any tracks that begin a school year in August or September. For
purposes of the 2004-05 fiscal year only, the governing board of a
school district shall make a diligent effort to hold a public hearing
pursuant to this section on or before December 1, 2004.
(C) As part of the hearing required pursuant to this section, the
governing board shall also make a written determination as to whether
each pupil enrolled in a foreign language or health course has
sufficient textbooks or instructional materials that are consistent
with the content and cycles of the curriculum frameworks adopted by
the state board for those subjects. The governing board shall also
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.
(2) (A) If the governing board determines that there are
insufficient textbooks or instructional materials, or both, the
governing board shall provide information to classroom teachers and
to the public setting forth, in the resolution, for each school in
which an insufficiency exists, the percentage of pupils who lack
sufficient standards-aligned textbooks or instructional materials in
each subject area and the reasons that each pupil does not have
sufficient textbooks or instructional materials, or both, and take
any action, except an action that would require reimbursement by the
Commission on State Mandates, to ensure that each pupil has
sufficient textbooks or instructional materials, or both, within two
months of the beginning of the school year in which the determination
is made.
(B) In carrying out subparagraph (A), the governing board may use
money in any of the following funds:
(i) Any funds available for textbooks or instructional materials,
or both, from categorical programs, including any funds allocated to
school districts that have been appropriated in the annual Budget
Act.
(ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.
(iii) Any other funds available to the school district for
textbooks or instructional materials, or both.
(b) The governing board shall provide 10 days' notice of the
public hearing or hearings set forth in subdivision (a). The notice
shall contain the time, place, and purpose of the hearing and shall
be posted in three public places in the school district. The hearing
shall be held at a time that will encourage the attendance of
teachers and parents and guardians of pupils who attend the schools
in the district and shall not take place during or immediately
following school hours.
(c) (1) For purposes of this section, "sufficient textbooks or
instructional materials" means that each pupil, including English
learners, has a standards-aligned textbook or instructional
materials, or both, to use in class and to take home. This paragraph
does not require two sets of textbooks or instructional materials for
each pupil.
(2) Sufficient textbooks or instructional materials as defined in
paragraph (1), does not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address a
shortage.
(d) Except for purposes of Section 60252, governing boards of
school districts that receive funds for instructional materials from
any state source, are subject to the requirements of this section
only in a fiscal year in which the Superintendent determines that the
base revenue limit for each school district will increase by at
least 1 percent per unit of average daily attendance from the prior
fiscal year.
SEC. 9. Notwithstanding any other provision of law, the remaining
unencumbered balance of funds appropriated in paragraph (2) of
subdivision (a) of Section 23 of Chapter 900 of the Statutes of 2004
shall remain available for expenditure through June 30, 2008, for the
purposes set forth in paragraph (2) of subdivision (c) of Section
1240 of the Education Code and pursuant to Section 4 of Chapter 710
of the Statutes of 2005.
SEC. 10. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.