BILL NUMBER: AB 831 CHAPTERED
BILL TEXT
CHAPTER 118
FILED WITH SECRETARY OF STATE JULY 25, 2005
APPROVED BY GOVERNOR JULY 25, 2005
PASSED THE ASSEMBLY JULY 13, 2005
PASSED THE SENATE JULY 1, 2005
AMENDED IN SENATE JUNE 21, 2005
AMENDED IN SENATE JUNE 2, 2005
AMENDED IN SENATE MAY 24, 2005
AMENDED IN SENATE MAY 9, 2005
AMENDED IN ASSEMBLY MARCH 29, 2005
INTRODUCED BY Committee on Education (Goldberg (Chair), Arambula,
Coto, Hancock, Liu, Mullin, and Pavley)
FEBRUARY 18, 2005
An act to amend Sections 1240, 17592.70, 35186, 41500, 41501,
41572, 44258.9, 48642, 49436, 52055.640, 52295.35, 56836.165, and
60119 of, to add Section 88 to, and to repeal Section 32228.6 of, the
Education Code, to amend Item 6110-197-0890 of Section 2.00 of
Chapter 208 of the Statutes of 2004 (the Budget Act of 2004), and to
amend Sections 22 and 23 of Chapter 900 of the Statutes of 2004,
relating to education, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 831, Committee on Education Education.
(1) Existing law requires a county superintendent of schools to
conduct an annual review of the use of textbooks and instructional
materials within the 1st 4 weeks of the school year.
This bill would, instead, require that review to be completed by
the 4th week of the school year, and would permit 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
Academic Performance Index to utilize a combination of visits and
written surveys of teachers for the purpose of determining
sufficiency of textbooks and instructional materials.
(2) The existing School Safety and Violence Prevention Act
declares the intent of the Legislature that public schools serving
pupils in kindergarten or any of grades 8 to 12, inclusive, have
access to supplemental resources to establish programs and strategies
that promote school safety and emphasize violence prevention among
children and youth in the public schools. Existing law requires the
Superintendent of Public Instruction to provide funds to school
districts serving those specified pupils. Existing law makes the act
inoperative on July 1, 2005, and repeals it on January 1, 2006.
This bill would delete the inoperative and repeal dates, extending
the operation of the act indefinitely.
(3) 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 the location to obtain a form to
file a complaint in case of a shortage.
This bill would, in addition, require that notice to contain a
statement informing parents and guardians that there should be no
teacher vacancies or misassignments, as defined.
(4) Existing law, the Pupil Nutrition, Health, and Achievement Act
of 2001, prohibits the sale of certain beverages and food items at
elementary, middle, and junior high schools. Existing law requires
the State Department of Education to monitor the implementation of
that act and report its evaluation to the Legislature by January 1,
2005.
This bill would instead require the department to report its
evaluation to the Legislature by May 1, 2005.
(5) Existing law establishes within the Public Schools
Accountability Act of 1999 the High Priority Schools Grant Program
and requires a school district that has a school participating in the
program to submit a report to the Superintendent of Public
Instruction that includes specified information, including, but not
limited to, information regarding the availability of certain
instructional materials.
This bill would, for a school district that initially applies to
participate in the High Priority Schools Grant Program during the
2004-05 fiscal year, or any fiscal year thereafter, apply the
definition of "sufficient textbooks or instructional materials" from
the Pupil Textbook and Instructional Materials Incentive Program Act
to these provisions.
(6) Existing law establishes the Education Technology Grant
Program of 2002 to provide grants to eligible school districts,
county offices of education, and charter schools for purposes of
implementing and supporting a comprehensive system that effectively
uses technology to improve pupil academic achievement. Existing law
requires that the minimum amount of a grant for a region be at least
$1,000,000 or 2% of available grant funds, whichever amount is
greater.
This bill would modify that minimum grant amount to $500,000 or 2%
of available grant funds, whichever amount is greater.
(7) Existing law, for the 2004-05 fiscal year and each fiscal year
thereafter, requires the Superintendent of Public Instruction to
calculate for each special education local plan area an amount based
on (a) the number of children and youth residing in foster family
homes and foster family agencies, (b) the licensed capacity of group
homes licensed by the State Department of Social Services, and (c)
the number of children and youth ages 3 through 21 referred by the
State Department of Developmental Services who are residing in
certain skilled nursing or intermediate care facilities and the
number of youth ages 18 through 21 referred by the State Department
of Developmental Services who are residing in certain community care
facilities.
This bill would require the Superintendent of Public Instruction
to continue to apportion funds from Section A of the State School
Fund to each special education local plan area equal to the amount
apportioned at the advance apportionment for that fiscal year.
(8) Existing law, the Pupil Textbook and Instructional Materials
Incentive Program Act, requires the governing board of a school
district to hold a public hearing and make a determination as to
whether each pupil in each school in the district has sufficient
textbooks or instructional materials, as defined, in each subject
that are consistent with the content and cycles of the curriculum
framework adopted by the State Board of Education.
This bill would, in addition, require the governing board of a
school district that makes that determination to provide information
relating to the percentage or number of pupils who lack sufficient
textbooks or instructional materials to classroom teachers and the
public, thereby creating a state-mandated local program.
(9) Existing law appropriates certain funds for the 21st Century
Community Learning Centers program contained within the federal No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and
specifies the purposes for which each appropriation may be used.
This bill would make an appropriation as it would authorize any
recipient of a grant award from these funds during the 2004-05 fiscal
year to use those awarded funds for other purposes contained in
existing law, if the recipient submits documentation as part of its
expenditure report that reasonably justifies to the State Department
of Education that, subsequent to the grant award, it became
impractical or no longer feasible to fully earn or expend those funds
for the purpose for which those funds were originally granted to the
recipient.
(10) Existing law, for the 2003-04 fiscal year, appropriates the
sum of $138,000,000 to the State Department of Education for transfer
to the Instructional Materials Fund to be apportioned to school
districts on the basis of an equal amount per pupil enrolled in
schools in decile 1 or 2 of the Academic Performance Index (API).
For these purposes, this bill would base enrollment on the number
of pupils reported for purposes of the 2003 base API. The bill would
specify that these funds may only be used to purchase instructional
materials for schools in decile 1 or 2 of the Academic Performance
Index (API).
(11) Existing law makes certain appropriations to the State
Department of Education for the acquisition of instructional
materials for school districts and for allocation to county offices
of education to review, monitor, and report on teacher training,
certification, misassignment, hiring and retention practices of
school districts, and to oversee the compliance of schools with
instructional materials sufficiency requirements. Existing law
provides that, for the purpose of making the computations required by
Section 8 of Article XVI of the California Constitution, these
appropriations are deemed to be "General Fund revenues appropriated
for school districts" for the 2004-05 fiscal year, and included
within the "total allocations to school districts and community
college districts from General Fund proceeds of taxes appropriated
pursuant to Article XIII B" for the 2004-05 fiscal year.
This bill would, instead, include those appropriations in the
calculations for the 2003-04 fiscal year.
(12) Existing law authorizes the State Department of Education to
cooperate with the federal government and its agencies in securing
the expeditious and equitable distribution of surplus food
commodities donated by the federal government to public agencies,
institutions, and organizations in California. Existing law requires
the cash resources of the Donated Food Program to be deposited into
the Donated Food Revolving Fund.
This bill would appropriate $1,200,000 from the Donated Food
Revolving Fund for support of the State Department of Education for
purposes of the Donated Food Program.
(13) This bill would also make various technical, nonsubstantive
changes to existing law.
(14) 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.
(15) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 88 is added to the Education Code, to read:
88. "State Board" or "state board" whenever used in this code
means the State Board of Education, unless the context requires
otherwise.
SEC. 2. 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) To the extent that funds are appropriated for purposes of
this paragraph, the county superintendent, or his or her designee,
shall annually present a report 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, as defined in subdivision
(b) of Section 17592.70, and shall include, among other things, his
or her observations while visiting the schools.
(B) 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.
(C) The results of the visit shall be reported to the governing
board of the school district on a quarterly basis at a regularly
scheduled meeting held in accordance with public notification
requirements.
(D) 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.
(E) 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 as defined by 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.
(d) Distribute all laws, reports, circulars, instructions, and
blanks that he or she may receive for the use of the school officers.
(e) Annually 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 Academic
Performance Index, as defined in subdivision (b) of Section
17592.70, and is not currently under review through 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 Academic
Performance Index, 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.
(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), and
forward the report to the Superintendent.
(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, with approval by the State Board of Education, to
purchase the textbooks or instructional materials necessary to comply
with the sufficiency requirement of this subdivision. If the state
board approves a recommendation from the department to purchase
textbooks or instructional materials for the school district, the
board shall issue a public statement at a regularly scheduled meeting
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 to 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 be
unable to 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. 3. Section 17592.70 of the Education Code is amended to read:
17592.70. (a) There is hereby established the School Facilities
Needs Assessment Grant Program with the purpose to provide for a
one-time comprehensive assessment of school facilities needs. The
grant program shall be administered by the State Allocation Board.
(b) (1) The grants shall be awarded to school districts on behalf
of schoolsites 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 newly constructed
prior to January 1, 2000.
(2) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base Academic Performance Index (API) shall
include any schools determined by the department to meet either of
the following:
(A) The school meets all of the following criteria:
(i) Does not have a valid base API score for 2003.
(ii) Is operating in fiscal year 2004-05 and was operating in
fiscal year 2003-04 during the Standardized Testing and Reporting
(STAR) Program testing period.
(iii) Has a valid base API score for 2002 that was ranked in
deciles 1 to 3, inclusive, in that year.
(B) The school has an estimated base API score for 2003 that would
be in deciles 1 to 3, inclusive.
(3) The department shall estimate an API score for any school
meeting the criteria of subparagraph (A) of paragraph (2), using
available testing scores and any weighting or corrective factors it
deems appropriate. The department shall provide those API scores to
the Office of Public School Construction and post them on its Web
site within 30 days of the enactment of this section.
(c) The board shall allocate funds pursuant to subdivision (b) to
school districts with jurisdiction over eligible schoolsites, based
on ten dollars ($10) per pupil enrolled in the eligible school as of
October 2003, with a minimum allocation of seven thousand five
hundred dollars ($7,500) for each schoolsite.
(d) As a condition of receiving funds pursuant to this section,
school districts shall do all of the following:
(1) Use the funds to develop a comprehensive needs assessment of
all schoolsites eligible for grants pursuant to subdivision (b). The
assessment shall contain, at a minimum, all of the following
information for each schoolsite:
(A) The year each building that is currently used for
instructional purposes was constructed.
(B) The year, if any, each building that is currently used for
instructional purposes was last modernized.
(C) The pupil capacity of the school.
(D) The number of pupils enrolled in the school.
(E) The density of the school campus measured in pupils per acre.
(F) The total number of classrooms at the school.
(G) The age and number of portable classrooms at the school.
(H) Whether the school is operating on a multitrack, year-round
calendar, and, if so, what type.
(I) Whether the school has a cafeteria, or an auditorium or other
space used for pupil eating and not for class instruction.
(J) The useful life remaining of all major building systems for
each structure housing instructional space, including, but not
limited to, sewer, water, gas, electrical, roofing, and fire and life
safety protection.
(K) The estimated costs for five years necessary to maintain
functionality of each instructional space to maintain health, safety,
and suitable learning environment, as applicable, including
classroom, counseling areas, administrative space, libraries,
gymnasiums, multipurpose and dining space, and the accessibility to
those spaces.
(L) A list of necessary repairs.
(2) Use the data currently filed with the state as part of the
process of applying for and obtaining modernization or construction
funds for school facilities, or information that is available in the
California Basic Education Data System for the element required in
subparagraphs (D), (E), (F), and (G) of paragraph (1).
(3) Use the assessment as the baseline for the facilities
inspection system required pursuant to subdivision (e) of Section
17070.75.
(4) Provide the results of the assessment to the Office of Public
School Construction, including a report on the expenditures made in
performing the assessment. It is the intent of the Legislature that
the assessments be completed as soon as possible, but not later than
January 1, 2006.
(5) If a school district does not need the full amount of the
allocation it receives pursuant to this section, the school district
shall expend the remaining funds for making facilities repairs
identified in its needs assessment. The school district shall report
to the Office of Public School Construction on the repairs completed
pursuant to this paragraph and the cost of the repairs.
(6) Submit to the Office of Public School Construction an interim
report regarding the progress made by the school district in
completing the assessments of all eligible schools.
SEC. 4. Section 32228.6 of the Education Code is repealed.
SEC. 5. 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.
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.
(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 and guardians 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 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. 6. Section 41500 of the Education Code is amended to read:
41500. (a) Notwithstanding any other provision of law, a school
district and county office of education may expend in a fiscal year
up to 15 percent of the amount apportioned for the block grants set
forth in Article 3 (commencing with Section 41510), Article 5
(commencing with Section 41530), Article 6 (commencing with Section
41540), or Article 7 (commencing with Section 41570) for any other
programs for which the school district or county office is eligible
for funding, including programs whose funding is not included in any
of the block grants established pursuant to this chapter. The total
amount of funding a school district or county office of education may
expend for a program to which funds are transferred pursuant to this
section may not exceed 120 percent of the amount of state funding
allocated to the school district or county office for purposes of
that program in a fiscal year. For purposes of this subdivision,
"total amount" means the amount of state funding allocated to a
school district or county office for purposes of a particular program
in a fiscal year plus the amount transferred in that fiscal year to
that program pursuant to this section.
(b) A school district and county office of education shall not,
pursuant to this section, transfer funds from Article 2 (commencing
with Section 41505) and Article 4 (commending with Section 41520).
(c) Before a school district or county office of education may
expend funds pursuant to this section, the governing board of the
school district or the county board of education, as applicable,
shall discuss the matter at a noticed public meeting.
(d) A school district shall track transfers made pursuant to this
section.
SEC. 7. Section 41501 of the Education Code is amended to read:
41501. (a) The reduction made to categorical education program
funding received by a basic aid school district pursuant to Section
38 of Chapter 227 of the Statutes of 2003 or Section 31 of Chapter
216 of the Statutes
of 2004, or for a fiscal year subsequent to the 2004-05 fiscal year
shall be deemed not to have occurred for purposes of calculating the
amount of block grants a basic aid school district shall receive
pursuant to this chapter.
(b) For purposes of this section, "basic aid school district"
means a school district that does not receive from the state, for any
fiscal year in which the section is applied, an apportionment of
state funds pursuant to subdivision (h) of Section 42238.
SEC. 8. Section 41572 of the Education Code is amended to read:
41572. A school district that receives funds pursuant to this
article shall have a school level advisory committee as required by
Chapter 6 (commencing with Section 52000) of Part 28, as it read on
January 1, 2004, and shall have a single school plan that
incorporates the requirements of Sections 18181, 52014, and 52015, as
those sections read on January 1, 2004.
SEC. 9. Section 44258.9 of the Education Code is amended to read:
44258.9. (a) The Legislature finds that continued monitoring of
teacher assignments by county superintendents of schools will ensure
that the rate of teacher misassignment remains low. To the extent
possible and with funds provided for that purpose, each county
superintendent of schools shall perform the duties specified in
subdivisions (b) and (c).
(b) (1) Each county superintendent of schools shall monitor and
review school district certificated employee assignment practices in
accordance with the following:
(A) Annually monitor and review schools and school districts that
are likely to have problems with teacher misassignments and teacher
vacancies, as defined in subparagraphs (A) and (B) of paragraph (5)
of subdivision (b) of Section 33126, based on past experience or
other available information.
(B) Annually monitor and review schools ranked in deciles 1 to 3,
inclusive, of the 2003 base Academic Performance Index, as defined in
subdivision (b) of Section 17592.70, if those schools are not
currently under review through a state or federal intervention
program. If a review completed pursuant to this subparagraph finds
that a school has no teacher misassignments or teacher vacancies, the
next review of that school may be conducted according to the cycle
specified in subparagraph (C), unless the school meets the criteria
of subparagraph (A).
(C) All other schools on a four-year cycle.
(2) Each county superintendent of schools shall investigate school
and district efforts to ensure that any credentialed teacher serving
in an assignment requiring a certificate issued pursuant to Section
44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10
completes the necessary requirements for these certificates or
completes the required training.
(3) The Commission on Teacher Credentialing shall be responsible
for the monitoring and review of those counties or cities and
counties in which there is a single school district, including the
Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra,
and the City and County of San Francisco. All information related to
the misassignment of certificated personnel and teacher vacancies
shall be submitted to each affected district within 30 calendar days
of the monitoring activity.
(c) County superintendents of schools shall submit an annual
report to the Commission on Teacher Credentialing and the department
summarizing the results of all assignment monitoring and reviews.
These reports shall include, but need not be limited to, the
following:
(1) The numbers of teachers assigned and types of assignments made
by the governing board of a school district under the authority of
Sections 44256, 44258.2, and 44263.
(2) Information on actions taken by local committees on
assignment, including the number of assignments authorized, subject
areas into which committee-authorized teachers are assigned, and
evidence of any departures from the implementation plans presented to
the county superintendent by school districts.
(3) Information on each school district reviewed regarding
misassignments of certificated personnel, including efforts to
eliminate these misassignments.
(4) (A) Information on certificated employee assignment practices
in schools ranked in deciles 1 to 3, inclusive, of the 2003 base
Academic Performance Index, as defined in subdivision (b) of Section
17592.70, to ensure that, at a minimum, in any class in these schools
in which 20 percent or more pupils are English learners the assigned
teacher possesses a certificate issued pursuant to Section 44253.3
or 44253.4 or has completed training pursuant to Section 44253.10 or
is otherwise authorized by statute.
(B) This paragraph shall not relieve a school district from
compliance with state and federal law regarding teachers of English
learners or be construed to alter the definition of "misassignment"
in subparagraph (B) of paragraph (5) of subdivision (b) of Section
33126.
(5) After consultation with representatives of county
superintendents of schools, other information as may be determined to
be needed by the Commission on Teacher Credentialing.
(d) The Commission on Teacher Credentialing shall submit biennial
reports to the Legislature concerning teacher assignments and
misassignments which shall be based, in part, on the annual reports
of the county superintendents of schools.
(e) (1) The Commission on Teacher Credentialing shall establish
reasonable sanctions for the misassignment of credentialholders.
Prior to the implementation of regulations establishing sanctions,
the Commission on Teacher Credentialing shall engage in a variety of
activities designed to inform school administrators, teachers, and
personnel within the offices of county superintendents of schools of
the regulations and statutes affecting the assignment of certificated
personnel. These activities shall include the preparation of
instructive brochures and the holding of regional workshops.
(2) Commencing July 1, 1989, any certificated person who is
required by an administrative superior to accept an assignment for
which he or she has no legal authorization shall, after exhausting
any existing local remedies, notify the county superintendent of
schools in writing of the illegal assignment. The county
superintendent of schools shall, within 15 working days, advise the
affected certificated person concerning the legality of his or her
assignment. There shall be no adverse action taken against a
certificated person who files a notification of misassignment with
the county superintendent of schools. During the period of the
misassignment, the certificated person who files a written
notification with the county superintendent of schools shall be
exempt from the provisions of Section 45034. If it is determined that
a misassignment has taken place, any performance evaluation of the
employee under Sections 44660 to 44664, inclusive, in any misassigned
subject shall be nullified.
(3) The county superintendent of schools shall notify, through the
office of the school district superintendent, any certificated
school administrator responsible for the assignment of a certificated
person to a position for which he or she has no legal authorization
of the misassignment and shall advise him or her to correct the
assignment within 30 calendar days. The county superintendent of
schools shall notify the Commission on Teacher Credentialing of the
misassignment if the certificated school administrator has not
corrected the misassignment within 30 days of the initial
notification, or if the certificated school administrator has not
described, in writing, within the 30-day period, to the county
superintendent of schools the extraordinary circumstances which make
this correction impossible.
(4) The county superintendent of schools shall notify any
superintendent of a school district in which 5 percent or more of all
certificated teachers in the secondary schools are found to be
misassigned of the misassignments and shall advise him or her to
correct the misassignments within 120 calendar days. The county
superintendent of schools shall notify the Commission on Teacher
Credentialing of the misassignments if the school district
superintendent has not corrected the misassignments within 120 days
of the initial notification, or if the school district superintendent
of schools has not described, in writing, within the 120-day period,
to the county superintendent of schools the extraordinary
circumstances which make this correction impossible.
(f) An applicant for a professional administrative service
credential shall be required to demonstrate knowledge of existing
credentialing laws, including knowledge of assignment authorizations.
(g) The Superintendent shall submit a summary of the reports
submitted by county superintendents pursuant to subdivision (c) to
the Legislature. The Legislature may hold, within a reasonable period
after receipt of the summary, public hearings on pupil access to
teachers and to related statutory provisions. The Legislature may
also assign one or more of the standing committees or a joint
committee, to determine the following:
(1) The effectiveness of the reviews required pursuant to this
section.
(2) The extent, if any, of vacancies and misassignments, as
defined in subparagraphs (A) and (B) of paragraph (5) of subdivision
(b) of Section 33126.
(3) The need, if any, to assist schools ranked in deciles 1 to 3,
inclusive, of the 2003 base Academic Performance Index, as defined in
subdivision (b) of Section 17592.70, to eliminate vacancies and
misassignments.
SEC. 10. Section 48642 of the Education Code is amended to read:
48642. Sections 48630, 48631, 48632, 48633, 48634, 48635, 48636,
48637, 48637.1, 48637.2, 48637.3, 48638, and 48639, and this section,
shall become inoperative on July 1, 2005, and, as of January 1,
2006, are repealed, unless a later enacted statute that is enacted
before January 1, 2006, deletes or extends the dates on which these
sections become inoperative and are repealed.
SEC. 11. Section 49436 of the Education Code is amended to read:
49436. The department shall monitor the implementation of
Sections 49431, 49433, 49433.5, 49433.7, and 49433.9 and shall report
to the Legislature by May 1, 2005, its evaluation of all of the
following:
(1) The fiscal impact of the policies and standards developed by
school districts.
(2) The effect of this article upon school districts and pupils,
including an assessment of pupil responses and related findings.
(3) Recommendations for improvements or additions.
(4) The resulting changes in food and beverage sales at schools.
SEC. 12. Section 52055.640 of the Education Code is amended to
read:
52055.640. (a) As a condition of the receipt of funds for the
initial and each subsequent year of funding pursuant to this article
and to ensure that the school is progressing towards meeting the
goals of each of the essential components of its school action plan,
each year the school district shall submit a report to the
Superintendent that includes the following:
(1) The academic improvement of pupils within the participating
school as measured by the tests under Section 60640 and the progress
made towards achieving English language proficiency as measured by
the English language development test administered pursuant to
Section 60810.
(2) The improvement of distribution of experienced teachers
holding a valid California teaching credential across the district.
Commencing with the 2004-05 fiscal year, for a school district with a
school initially applying to participate in the program on or after
July 1, 2004, the report shall include whether at least 80 percent of
the teachers assigned to the school are credentialed and the number
of classes in which 20 percent or more pupils are English learners
and assigned to teachers who do not possess a certificate issued
pursuant to Section 44253.3, 44253.4, or 44253.7 or have not
completed training pursuant to Section 44253.10, or are not otherwise
authorized by statute to be assigned to those classes. This
paragraph does not relieve a school district from complying with
state or federal law regarding teachers of English learners.
(3) The availability of instructional materials in core content
areas that are aligned with the academic content and performance
standards, including textbooks, for each pupil, including English
language learners. For a school district that initially applies to
participate in the High Priority Schools Grant Program during the
2004-05 fiscal year, or any fiscal year thereafter, the definition of
"sufficient textbooks or instructional materials" contained in
subdivision (c) of Section 60119 applies to this paragraph.
(4) The number of parents and guardians presently involved at each
participating schoolsite as compared to the number participating at
the beginning of the program.
(5) The number of pupils attending after school, tutoring, or
homework assistance programs.
(6) For participating secondary schools, the number of pupils who
are enrolled in and successfully completing advanced placement
courses, by type, and requirements for admission to the University of
California or the California State University, including courses in
algebra, biology, and United States or world history.
(b) The report on the pupil literacy and achievement component
shall be disaggregated by numerically significant subgroups, as
defined in Section 52052, and English language learners and have a
focus on improved scores in reading and mathematics as measured by
the following:
(1) The Academic Performance Index, including the data collected
pursuant to tests that are part of the Standardized Testing and
Reporting Program and the writing sample that is part of that
program.
(2) The results of the primary language test pursuant to Section
60640.
(3) Graduation rates, when the methodology for collecting this
data has been confirmed to be valid and reliable.
(4) In addition, a school may use locally developed assessments to
assist it in determining the pupil progress in academic literacy and
achievement.
(c) The report on the quality of staff component shall include,
but not be limited to, the following information:
(1) The number of teachers at the schoolsite holding a valid
California teaching credential or district or university intern
certificate or credential compared to those teachers at the same
schoolsite holding a preintern certificate, emergency permit, or
waiver.
(2) The number and ratio of teachers across the district holding a
valid California teaching credential or district or university
intern certificate or credential compared to those holding a
preintern certificate, emergency permit, or waiver.
(3) The number of principals having completed training pursuant to
Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25.
(4) The number of principals by credential type or years of
experience and length of time at the schoolsite by years.
(d) The report on the parental involvement component shall include
explicit involvement strategies being implemented at the schoolsite
that are directly linked to activities supporting pupil academic
achievement and verification that the schoolsite has developed a
school-parent compact as required by Section 51101.
(e) All comparisons made in the reports required pursuant to this
section shall be based on baseline data provided by the district and
schoolsite in the action plan that is certified and submitted with
the initial application.
(f) To the extent that data is already reported to the
Superintendent, a school district need not include the data in the
reports submitted pursuant to this section.
(g) Before submitting the reports required pursuant to this
section, the school district shall, at a regularly scheduled public
meeting of the governing board, review a participating school's
progress towards achieving those goals.
SEC. 13. Section 52295.35 of the Education Code, as added by
Section 9 of Chapter 681 of the Statutes of 2004, is amended to read:
52295.35. (a) Applicants within each of the 11 California
Technology Assistance Project regions shall compete against other
applicants from that region. The amount of funding for grants
available to each region shall be determined based upon the
proportionate enrollment of pupils in grades 4 to 8, inclusive, in
eligible schools from that region, but a region shall not be
allocated less than five hundred thousand dollars ($500,000) or 2
percent of available grant funds, whichever amount is greater.
(b) If a region is allocated more funding than is needed for its
eligible applicants, the Superintendent may develop a policy to
ensure that all funding is distributed to other regions for their
eligible but unfunded applicants.
(c) Grants shall be awarded to an eligible school district for the
eligible school or schools specified in the program application. All
grant funds shall be spent in a manner consistent with the local
educational agency technology plan, pursuant to subdivision (a) of
Section 51871.5 and subdivision (a) of Section 2414 of Part D of
Title II of the No Child Left Behind Act of 2001 (Public Law
107-110), and the program application and shall be used for the
eligible school or schools specified in the approved application.
(d) The initial one-time implementation grant for a school
selected to receive a grant shall be calculated based upon three
hundred dollars ($300) per pupil for pupils in grades 4 to 8,
inclusive. Upon recommendation from the department, the State Board
of Education may adopt criteria that establish fixed minimum grant
levels for a small school.
(e) Subject to availability of federal funding appropriated for
competitive grants under Part D of Title II of the federal No Child
Left Behind Act of 2001 (Public Law 107-110), any grant recipient
that successfully completes the initial grant shall receive an
additional one-time grant of forty-five dollars ($45) per pupil in
grades 4 to 8, inclusive, at the school or schools selected for
funding. The purpose of this funding shall be to continue
implementation of the grant recipients' approved technology plan in a
manner consistent with the requirements of Part D of Title II of the
federal No Child Left Behind Act of 2001 (Public Law 107-110),
including plans to sustain the use of technology as a tool in
improving teaching and pupil academic achievement once the grant
period ends.
(f) This section shall become operative July 1, 2005.
SEC. 14. Section 56836.165 of the Education Code is amended to
read:
56836.165. (a) For the 2004-05 fiscal year and each fiscal year
thereafter, the Superintendent shall calculate for each special
education local plan area an amount based on (1) the number of
children and youth residing in foster family homes and foster family
agencies, (2) the licensed capacity of group homes licensed by the
State Department of Social Services, and (3) the number of children
and youth ages 3 through 21 referred by the State Department of
Developmental Services who are residing in skilled nursing facilities
or intermediate care facilities licensed by the State Department of
Health Services and the number of youth ages 18 through 21 referred
by the State Department of Developmental Services who are residing in
community care facilities licensed by the State Department of Social
Services.
(b) The department shall assign each facility described in
paragraphs (1), (2), and (3) of subdivision (a) a severity rating.
The severity ratings shall be on a scale from 1 to 14. Foster family
homes shall be assigned a severity rating of 1. Foster family
agencies shall be assigned a severity rating of 2. Facilities
described in paragraph (2) of subdivision (a) shall be assigned the
same severity rating as its State Department of Social Services rate
classification level. For facilities described in paragraph (3) of
subdivision (a), skilled nursing facilities shall be assigned a
severity rating of 14, intermediate care facilities shall be assigned
a severity rating of 11, and community care facilities shall be
assigned a severity rating of 8.
(c) (1) The department shall establish a "bed allowance" for each
severity level. For the 2004-05 fiscal year, the bed allowance shall
be calculated as described in paragraph (2). For the 2005-06 fiscal
year and each fiscal year thereafter, the department shall increase
the bed allowance by the inflation adjustment computed pursuant to
Section 42238.1. The department shall not establish a bed allowance
for any facility defined in paragraphs (2) and (3) of subdivision (a)
if it is not licensed by the State Department of Social Services or
the State Department of Health Services.
(2) (A) The bed allowance for severity level 1 shall be five
hundred two dollars ($502).
(B) The bed allowance for severity level 2 shall be six hundred
ten dollars ($610).
(C) The bed allowance for severity level 3 shall be one thousand
four hundred thirty-four dollars ($1,434).
(D) The bed allowance for severity level 4 shall be one thousand
six hundred forty-nine dollars ($1,649).
(E) The bed allowance for severity level 5 shall be one thousand
eight hundred sixty-five dollars ($1,865).
(F) The bed allowance for severity level 6 shall be two thousand
eighty dollars ($2,080).
(G) The bed allowance for severity level 7 shall be two thousand
two hundred ninety-five dollars ($2,295).
(H) The bed allowance for severity level 8 shall be two thousand
five hundred ten dollars ($2,510).
(I) The bed allowance for severity level 9 shall be five thousand
four hundred fifty-one dollars ($5,451).
(J) The bed allowance for severity level 10 shall be five thousand
eight hundred eighty-one dollars ($5,881).
(K) The bed allowance for severity level 11 shall be nine thousand
four hundred sixty-seven dollars ($9,467).
(L) The bed allowance for severity level 12 shall be thirteen
thousand four hundred eighty-three dollars ($13,483).
(M) The bed allowance for severity level 13 shall be fourteen
thousand three hundred forty-three dollars ($14,343).
(N) The bed allowance for severity level 14 shall be twenty
thousand eighty-one dollars ($20,081).
(d) (1) For each fiscal year, the department shall calculate an
out-of-home care funding amount for each special education local plan
area as the sum of amounts computed pursuant to paragraphs (2), (3),
and (4). The State Department of Social Services and the State
Department of Developmental Services shall provide the State
Department of Education with the residential counts identified in
paragraphs (2), (3), and (4).
(2) The number of children and youth residing on April 1 in foster
family homes and foster family agencies located in each special
education local plan area times the appropriate bed allowance.
(3) The capacity on April 1 of each group home licensed by the
State Department of Social Services located in each special education
local plan area times the appropriate bed allowance.
(4) The number on April 1 of children and youth (A) ages 3 through
21 referred by the State Department of Developmental Services who
are residing in skilled nursing facilities and intermediate care
facilities licensed by the State Department of Health Services
located in each special education local plan area times the
appropriate bed allowance, and (B) ages 18 through 21 referred by the
State Department of Developmental Services who are residing in
community care facilities licensed by the State Department of Social
Services located in each special education local plan area times the
appropriate bed allowance.
(e) In determining the amount of the first principal apportionment
for a fiscal year pursuant to Section 41332, the Superintendent
shall continue to apportion funds from Section A of the State School
Fund to each special education local plan area equal to the amount
apportioned at the advance apportionment pursuant to Section 41330
for that fiscal year.
SEC. 15. 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, 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. 16. Item 6110-197-0890 of Section 2.00 of the Budget Act of
2004 is amended to read:
6110-197-0890--For local assistance,
Department of Education, payable from
the Federal Trust Fund, 21st Century 162,757,00
Community Learning Centers Program....... 0
Schedule:
(1) 30.10.080-Special Program, 162,
Child Development, 21st Century 757,
Community Learning Centers Program.. 000
Provisions:
1. (a) It is the intent of the
Legislature that the department give
significant weight in rating
applications, reallocations of available
funding and in approving use of grant
carryover amounts to the level of
student participation and cost per
student served. Approval of use of
carryover funds from year to year for
programs receiving grants shall ensure
that additional participation be
required so as to not increase the cost
per student served in the fiscal year in
which grant funds are expended. The
department shall also track cost per
student planned versus actually achieved
and actively ensure that each grant
maximizes student participation in
relation to the level of the annual
grant or shall reduce grant amounts
accordingly in subsequent fiscal years.
(b) The department shall provide an
annual report to the Legislature and
Department of Finance by September 1 of
each year that identifies by cohort for
the previous fiscal year each high
school program funded, the amount of
the annual grant and actual funds
expended, the numbers of students served
and planned to be served, and the
average cost per student per day. If the
average cost per student per day exceeds
$10 per day, the department shall
provide specific reasons why the costs
are justified and cannot be reduced. In
calculating cost per student per day,
the department shall not count
attendance unless the student is under
the direct supervision of after school
program staff funded through the grant.
Additionally, the department shall
calculate cost per day on the basis of
the equivalent of a three-hour day for
180 days per school year. The department
shall also identify for each program, as
applicable, if the attendance of
students is restricted to any particular
subgroup of students at the school in
which the program is located. If such
restrictions exist, the department shall
provide an explanation of the
circumstances and necessity therefor.
2. The State Department of Education
(SDE) shall provide a report to the
Department of Finance (DOF), the budget
committees of each house of the
Legislature, and the Legislative
Analyst's Office (LAO) by October 15,
2004, on the requests and awards of
direct grants pursuant to Article 22.6
(commencing with Section 8484.7) of
Chapter 2 of Part 6 of the Education
Code, the 21st Century Community
Learning Centers Program. The report
shall include, but not be limited to,
the purposes of the direct grants
awarded, the amount requested and the
subsequent awards received. The report
shall also include the number of
applications and awards, both core and
direct grants, categorized by public and
private high schools, then by school
type (elementary, middle, or junior high
schools) as well as information
identifying those grantees that have
been awarded funding through both the
state-funded and the federally funded
program. In addition, SDE shall report
to DOF, the budget committees of
each house of the Legislature, and the
LAO by May 1, 2005, on the effectiveness
of 21st Century Community Learning
Centers Program operated by private
schools.
3. The provisions of this item shall
become inoperative in the event federal
funds are not made available for this
purpose. It is the intent of the
Legislature that the provisions of this
item not be considered a precedent for
General Fund augmentation of either this
state-administered, federally funded
program or any state-funded before or
after school program.
4. (a) Of the amount appropriated in
this item, $60,410,000 is new ongoing
federal 21st Century Community Learning
Centers Program funds, $782,000 is one-
time reallocated federal funds, and
$608,000 is one-time federal carryover
funds. Of the ongoing funds,
$5,000,000 shall be used for high school
grants, and $47,977,000 shall be used
for elementary, middle, and junior high
school grants, with priority placed on
increasing the number of slots available
for 11- and 12-year-olds and their
eligible younger siblings in order to
accommodate them in after school
programs rather than subsidized child
care programs pursuant to Section 8263.4
of the Education Code.
(b) Notwithstanding any other provision
of law, the Superintendent of Public
Instruction may, upon request by a
program that is earning the full grant
amount, waive the funding caps for core
grants for elementary, middle, and
junior high schools to enable those
programs to create additional slots for
11- and 12-year-old pupils and their
eligible younger siblings pursuant to
subdivision (a).
(c) Of the funds remaining in
subdivision (a) after the allocations
pursuant to that subdivision, $2,118,000
shall be for technical assistance
grants, $5,195,000 shall be for access
grants, and $1,510,000 shall be for
literacy grants.
5. (a) Of the amount appropriated in
this item, $25,430,000 is available on a
one-time basis, of which $488,000 is one-
time federal reallocated funds, and the
remaining $24,942,000 is carryover of
program savings. $20,000,000 of these
funds shall be expended in priority
order as follows, to: (1) increase core
grant caps for those programs that are
at or above their maximum amount to
provide additional slots for 11- and 12-
year-olds and their eligible younger
siblings; (2) expand existing grants to
allow programs to offer summer,
vacation, and intersession programs thus
increasing the number of program days of
operation, and (3) increase core grant
caps for programs above their maximum
amount or with waiting lists.
Notwithstanding any other provision of
law, the Superintendent of Public
Instruction may waive the caps on core
grants for these purposes.
(b) The remainder of these funds shall
be available on a one-time basis to
programs that were allocated funding
from the appropriation in this item in
the 2002 Budget Act (Ch. 379, Stats.
2002) and in the 2003 Budget Act (Ch.
157, Stats. 2003). Funds shall be
available for training, standards-
aligned materials, and other allowable
one-time costs. The State Department of
Education shall provide a report to the
Legislature and the Department of
Finance by December 1, 2005, identifying
how these funds and funds expended
pursuant to subdivision (c) were
allocated and expended.
(c) Notwithstanding subdivisions (a) and
(b), any recipient of a grant award from
these funds during the 2004-05 fiscal
year may use those awarded funds for any
of the purposes in subdivision (b), if
the recipient submits documentation as
part of its expenditure report that
reasonably justifies to the State
Department of Education that, subsequent
to the grant award, it became
impractical or no longer feasible to
fully earn or expend those funds for the
purpose for which those funds were
originally granted to the recipient.
SEC. 17. Section 22 of Chapter 900 of the Statutes of 2004 is
amended to read:
Sec. 22. (a) The sum of nine hundred fifteen million four hundred
forty-one thousand dollars ($915,441,000) is hereby appropriated from
the General Fund in accordance with the following schedule:
(1) The following amounts are appropriated for the 2005-06 fiscal
year:
(A) The sum of five million nine hundred thirty-three thousand
dollars ($5,933,000) to the State Department of Education for
apprenticeship programs to be expended consistent with the
requirements specified in Item 6110-103-0001 of Section 2.00 of the
Budget Act of 2004.
(B) The sum of eighty-five million eight hundred sixty-six
thousand dollars ($85,866,000) to the State Department of Education
for supplemental instruction to be expended consistent with the
requirements specified in Item 6110-104-0001 of Section 2.00 of the
Budget Act of 2004. Of the amount appropriated by this subparagraph,
forty-eight million six hundred fifty-two thousand dollars
($48,652,000) shall be expended consistent with Schedule (1) of Item
6110-104-0001 of Section 2.00 of the Budget Act of 2004, eleven
million seven hundred forty-nine thousand dollars ($11,749,000) shall
be expended consistent with Schedule (2) of that item, four million
four hundred sixty-nine thousand dollars ($4,469,000) shall be
expended consistent with Schedule (3) of that item, and twenty
million nine hundred ninety-six thousand dollars ($20,996,000) shall
be expended consistent with Schedule (4) of that item.
(C) The sum of thirty-seven million fifty-one thousand dollars
($37,051,000) to the State Department of Education for regional
occupational centers and programs to be expended consistent with the
requirements specified in Schedule (1) of Item 6110-105-0001 of
Section 2.00 of the Budget Act of 2004.
(D) The sum of fifty million one hundred three thousand dollars
($50,103,000) to the State Department of Education for home-to-school
transportation to be expended consistent with the requirements
specified in Schedule (1) of Item 6110-111-0001 of Section 2.00 of
the Budget Act of 2004.
(E) The sum of four million ninety-two thousand dollars
($4,092,000) to the State Department of Education for the Gifted and
Talented Pupil Program to be expended consistent with the
requirements specified in Item 6110-124-0001 of Section 2.00 of the
Budget Act of 2004.
(F) The sum of ninety-five million three hundred ninety-seven
thousand dollars ($95,397,000) to the State Department of Education
for Targeted Instructional Improvement Grant Program to be expended
consistent with the requirements specified in Item 6110-132-0001 of
Section 2.00 of the Budget Act of 2004.
(G) The sum of forty-two million nine hundred fifty-nine thousand
dollars ($42,959,000) to the State Department of Education for adult
education to be expended consistent with the requirements specified
in Schedule (1) of Item 6110-156-0001 of Section 2.00 of the Budget
Act of 2004.
(H) The sum of four million five hundred fifty-eight thousand
dollars ($4,558,000) to the State Department of Education for
community day schools to be expended consistent with the requirements
specified in Item 6110-190-0001 of Section 2.00 of the Budget Act of
2004.
(I) The sum of five million two hundred ninety-eight thousand
dollars ($5,298,000) to the State Department of Education for
categorical block grants for charter schools to be expended
consistent with the requirements specified in Item 6110-211-0001 of
Section 2.00 of the Budget Act of 2004.
(J) The sum of thirty-six million eight hundred ninety-four
thousand dollars ($36,894,000) to the State Department of Education
for the School Safety Block Grant to be expended consistent with the
requirements specified in Schedule (1) of Item 6110-228-0001 of
Section 2.00 of the Budget Act of 2004.
(K) The sum of two hundred million dollars ($200,000,000) to the
Board of Governors of the California Community Colleges for
apportionments, to be expended in accordance with the requirements
specified for Schedule (1) of Item 6870-101-0001 of Section 2.00 of
the Budget Act of 2004.
(2) The sum of one hundred nine million nine hundred fourteen
thousand dollars ($109,914,000) is appropriated for the 2004-05
fiscal year to the Superintendent of Public Instruction for the
purposes of Section 42238.44 of the Education Code, to be allocated
to school districts on a pro rata basis.
(3) The following amounts are appropriated for the 2003-04 fiscal
year:
(A) The sum of twelve million six hundred four thousand dollars
($12,604,000) to the State Department of Education for transfer to
the State School Deferred Maintenance Fund to be available for
funding applications received by the Department of General Services,
Office of Public School Construction from school districts for
deferred maintenance projects pursuant to Section 17584 of the
Education Code.
(B) The sum of one hundred thirty-eight million dollars
($138,000,000) to the State Department of Education for transfer to
the Instructional Materials Fund. The funds appropriated pursuant to
this subparagraph shall be apportioned to school districts on the
basis of an equal amount per pupil enrolled in schools in decile 1 or
2 of the Academic Performance Index (API), as ranked based on the
2003 base API score pursuant to Section 52056 of the Education Code.
The funds apportioned pursuant to this subparagraph shall only be
used to purchase instructional materials for schools in decile 1 or 2
that are aligned to the content standards adopted pursuant to
Section 60605 of the Education Code. For purposes of this
subparagraph, enrollment shall be based on the number of pupils
reported for purposes of the 2003 base API pursuant to Section 52052
of the Education Code.
(C) The sum of fifty-eight million three hundred ninety-six
thousand dollars ($58,396,000) to the Controller to pay for prior
year state obligations for education mandate claims and interest. The
Controller shall use the funds to pay for the oldest claims of those
no longer subject to audit pursuant to subdivision (a) of Section
17558.5 of the Government Code, including accrued interest. No
payments shall be made from these funds on any claims for the
Standardized Testing and Reporting (STAR) Program, schoolsite
councils, Brown Act reform, School Bus Safety II, or the removal of
chemicals.
(D) The sum of twenty-eight million three hundred seventy-six
thousand dollars ($28,376,000) to the Board of Governors of the
California Community Colleges to provide one-time funding to
districts for scheduled maintenance, special repairs, instructional
materials, and library materials replacement. These funds shall be
expended for the purposes of and be subject to the conditions of
expenditures pursuant to Schedule (24.5) of Item 6870-101-0001 of the
Budget Act of 2003 (Ch. 157, Stats. 2003).
(b) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriations made by subparagraphs (A) to (J), inclusive, of
paragraph (1) of subdivision (a) shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2005-06 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code for
the 2005-06 fiscal year.
(c) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subparagraph (K) of paragraph (1) of
subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2005-06 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code,
for the 2005-06 fiscal year.
(d) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by paragraph (2) of subdivision (a) shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code for the
2004-05 fiscal year and be included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code for
the 2004-05 fiscal year.
(e) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriations
made by paragraph (3) of subdivision (a) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 of the Education Code, for the
2003 -04 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code for
the 2003-04 fiscal year.
(f) For the purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the
appropriation made by subparagraph (F) of paragraph (3) of
subdivision (a) shall be deemed to be "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202 of the Education Code, for the
2003-04 fiscal year, and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202 of the Education Code for
the 2003-04 fiscal year.
SEC. 18. Section 23 of Chapter 900 of the Statutes of 2004 is
amended to read:
Sec. 23. (a) The sum of twenty million two hundred thousand
dollars ($20,200,000) is hereby appropriated from the General Fund in
accordance with the following schedule:
(1) The sum of five million dollars ($5,000,000) to the State
Department of Education for transfer to the State Instructional
Materials Fund for purposes of acquiring instructional materials for
school districts pursuant to subdivision (i) of Section 1240 of the
Education Code.
(2) The sum of fifteen million dollars ($15,000,000) to the State
Department of Education for allocation to county offices of education
to review, monitor, and report on teacher training, certification,
misassignment, hiring and retention practices of school districts
pursuant to subparagraph (G) of paragraph (1) of subdivision (a) of
Section 42127.6 of the Education Code, subparagraphs (A) and (B) of
paragraph (1) of subdivision (b) of Section 44258.9 of the Education
Code, and paragraph (4) of subdivision (e) of Section 44258.9 of the
Education Code, and to conduct and report on site visits pursuant to
paragraph (2) of subdivision (c) of Section 1240 of the Education
Code, and oversee the compliance of schools with instructional
materials sufficiency requirements as provided in paragraphs (2) to
(4), inclusive, of subdivision (i) of Section 1240 of the Education
Code. Funds appropriated in this paragraph shall be allocated
annually to county offices of education at the rate of three thousand
dollars ($3,000) for each school in the county ranked in deciles 1
to 3, inclusive, of the Academic Performance Index, pursuant to
Section 52056 of the Education Code, based on the 2003 base Academic
Performance Index score for each school, provided that the annual
allocation for each county shall be a minimum of twenty thousand
dollars ($20,000). If there are insufficient funds in any year to
make the allocations required by this paragraph, the department shall
allocate funding in proportion to the number of sites in each
county. County offices shall contract with another county office or
independent auditor for any work funded by this paragraph that is
associated with a school operated by that county office.
(3) The sum of two hundred thousand dollars ($200,000) to the
State Department of Education to implement this act.
(b) For the purpose of making the computations required by Section
8 of Article XVI of the California Constitution, the appropriation
made by paragraphs (1) and (2) of subdivision (a) shall be deemed to
be "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 of the Education Code,
for the 2003-04 fiscal year, and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code for the 2003-04 fiscal year. Funds appropriated by this section
shall be available for transfer or encumbrance for three fiscal
years, beginning in the 2004-05 fiscal year.
SEC. 19. The sum of one million two hundred thousand dollars
($1,200,000) is appropriated from the Donated Food Revolving Fund for
support of the State Department of Education, for the purposes of
Program 30.50, Donated Food Distribution.
SEC. 20. 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.
SEC. 21. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to ensure that the educational programs affected by this
act are properly implemented, it is necessary that this act take
effect immediately.