BILL NUMBER: SB 1053 CHAPTERED 09/22/05 CHAPTER 276 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2005 APPROVED BY GOVERNOR SEPTEMBER 22, 2005 PASSED THE SENATE SEPTEMBER 7, 2005 PASSED THE ASSEMBLY AUGUST 31, 2005 AMENDED IN ASSEMBLY AUGUST 25, 2005 AMENDED IN ASSEMBLY JULY 13, 2005 AMENDED IN SENATE MAY 27, 2005 INTRODUCED BY Senator Scott FEBRUARY 22, 2005 An act to add and repeal Chapter 10 (commencing with Section 58950) to Part 31 of the Education Code, relating to schoolsite funding. LEGISLATIVE COUNSEL'S DIGEST SB 1053, Scott Schoolsite funding: Local Improvement Program. Existing law establishes various categorical aid programs under which funding is provided for specific educational purposes. This bill would, until June 30, 2010, establish the Local Improvement Program as a pilot project which would allow school districts to apply to the State Board of Education to participate in the program and would limit participation to no more than 15 school districts. This bill would require school districts participating in the program to allocate instructional program funding to participating schools with maximum flexibility in the development and implementation of schoolsite funding in order to support and improve pupil learning. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 10 (commencing with Section 58950) is added to Part 31 of the Education Code, to read: CHAPTER 10. LOCAL IMPROVEMENT PROGRAM 58950. (a) The Local Improvement Program is hereby established as a pilot program. The State Board of Education may select school districts, applying on behalf of public schools that provide instruction in kindergarten or any of grades 1 to 12, inclusive, to voluntarily participate in the Local Improvement Program in accordance with criteria that the state board may adopt. The number of schools participating in the program for all school districts approved by the state board may not exceed 5 percent of the total number of public schools, in no more than 15 school districts, that provide instruction in kindergarten or any of grades 1 to 12, inclusive. Participating school districts shall allocate instructional program funding to participating schools with maximum flexibility in the development and implementation of schoolsite funding in order to support and improve pupil learning. (b) As a condition of voluntary participation, the governing board of a participating school district shall develop and implement policies and procedures pursuant to this chapter that support the schoolsite goals and objectives of the participating schools. 58951. The governing board of each participating school district shall develop and implement policies and procedures to increase site-level decisionmaking at participating schools to enable all of the following: (a) Parents, community members representing the diverse racial, ethnic, gender, and socioeconomic backgrounds, the school pupil population, teachers and secondary school pupils, schoolsite administrators, the various categories of school employees, and other school staff to set goals, objectives, and expenditure priorities for improving instruction at that school, and to participate in decisionmaking regarding policies and procedures. It is the intent of the Legislature to ensure meaningful access by, and participation of, parents in the design and governance of a schoolsite, and, to enable the participation of parents who traditionally have not participated in school governance. (b) Schoolsite teachers and school level administrators to design and implement policies and procedures consistent with the goals and objectives established pursuant to subdivision (a), including, but not limited to, all of the following: (1) Selection and assignment of certificated and noncertificated school personnel in accordance with Chapter 5 (commencing with Section 45100) of Part 25. (2) Development and enrichment of instructional courses that build upon state-adopted content and performance standards in order to provide rigorous instruction for all pupils, including the implementation of diverse instructional approaches to respond to the variety of pupil learning needs. (3) Expenditure of funds for instruction, including, but not limited to, instructional materials, staff training, and personnel. 58952. Participating school districts may, on behalf of one or more participating schools, request to waive any provision of the Education Code, or any regulation enacted pursuant to authority granted by the Education Code, if the waiver is requested in accordance with Article 3 (commencing with Section 33050) of Chapter 1 of Part 20. A waiver may be approved only if it is necessary to facilitate the pilot program established by this chapter. 58953. (a) The application of a school district, on behalf of one or more schools within the district, to participate shall demonstrate the manner in which parent education, information, and support will be provided for parents of all racial, ethnic, gender, or socioeconomic backgrounds to encourage their involvement in the development and implementation of the program and so that parents may be involved in decisionmaking and support for the instructional program of their child or children. (b) A school principal, acting with the consent of the schoolsite council, or any other representative body constituted pursuant to the requirements of Section 58951, may apply on behalf of his or her school to the governing board of the school district to participate in the Local Improvement Program. A school district may only apply to participate in the Local Improvement Program on behalf of schools or consortia of schools that apply to take part in the program. (c) A participating school district shall provide information that is required by the Superintendent to conduct the evaluation required by Section 58954. 58954. (a) Subject to the availability of funds specifically appropriated for this section, the Superintendent shall evaluate, or contract for the evaluation of, the effectiveness of the Local Improvement Program and annually report that evaluation to the state board, the Secretary for Education, the Department of Finance, the Legislative Analyst, the Assembly Committee on Education, and the Senate Committee on Education. The evaluation shall include a determination whether pupils and school communities have benefited from the provision of instructional program funding to participating schools with maximum flexibility. The Superintendent shall make recommendations concerning whether a local improvement program should be continued. (b) It is the intent of the Legislature that the evaluation include all of the following: (1) An assessment of the nature, scope, and quality of the implementation of a local improvement program. (2) A recommendation regarding needed modifications in statutes, policy, or procedure, in order to support and assist implementation of a local improvement program. (3) An assessment of the effectiveness of a local improvement program in supporting and improving pupil learning as measured by both pupil performance, and pupil, parent, and school employee satisfaction, with pupil learning, school organization, governance, and management. (4) Information regarding changes in roles or responsibilities among participating individuals, including teachers, administrators, other school staff, parents, pupils, and participating entities including businesses, postsecondary educational institutions, and educational organizations. 58955. The department shall provide staff assistance to the state board as necessary for the purpose of establishing, monitoring, and evaluating a local improvement program. 58956. This chapter shall become inoperative on June 30, 2010, and is repealed as of January 1, 2011, unless a later enacted statute, that becomes operative before January 1, 2011, deletes or extends these dates.