BILL NUMBER: AB 347	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2007
	AMENDED IN SENATE  SEPTEMBER 6, 2007
	AMENDED IN SENATE  SEPTEMBER 4, 2007
	AMENDED IN SENATE  JULY 12, 2007
	AMENDED IN SENATE  JULY 5, 2007
	AMENDED IN SENATE  JUNE 20, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MAY 10, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 14, 2007

   An act to amend Sections 1240, 35186, 37254, 52378, and 52380 of
the Education Code, relating to pupil instruction, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 347, Nava.  Pupils: high school exit examination: intensive
instruction and services.
   (1) Existing law requires each pupil completing grade 12 to
successfully pass the high school exit examination as a condition of
receiving a diploma of graduation or a condition of graduation from
high school.
   Existing law provides specified funding for eligible pupils, as
defined, who are required to pass the high school exit examination,
to be used for intensive instruction and services for those pupils,
and provides for the allocation of those funds, based on a per pupil
rate calculation, to schools. As a condition of receiving funding, a
school district is required to accomplish certain matters, including,
among other things, ensure that each eligible pupil receives an
appropriate diagnostic assessment to identify that pupil's areas of
need and submit an annual report to the Superintendent of Public
Instruction relating to the provision of intensive instruction and
services to pupils.
   This bill, among other things, would revise the definition of
"eligible pupil" to include pupils who have not satisfied the
requirement that they pass the high school exit examination in order
to graduate from high school and have failed one or both parts of the
examination by the end of grade 12; revise the calculation for
determining the per pupil rate for purposes of funding; authorize the
receipt of intensive instruction and services on Saturdays,
evenings, or at a time and location deemed appropriate by the school
district for eligible pupils; expand the authorized scope of
intensive instruction and services to include instruction in English
language arts or mathematics, or both, that eligible pupils need to
pass those parts of the high school exit examination not yet passed
and the provision of instruction and services by a public or
nonpublic entity as determined by the local educational agency;
require a school district to accomplish additional matters relating
to pupils who have not passed one or both parts of the exit
examination by the end of grade 12; and require the annual report to
also include information relating to the notification of eligible
pupils of the intensive instruction and services provided and be
submitted to the appropriate county superintendent of schools.
   (2) Existing law requires a school district to use its uniform
complaint process 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. A notice regarding the
appropriate subjects of a complaint is required to be posted in each
classroom in each school in the school district and a complaint
regarding those deficiencies is required to be filed with the
principal of the school or his or her designee.
   This bill also would require a school district to use its uniform
complaint process to help identify and resolve any deficiencies
related to intensive instruction and services provided to pupils who
have not passed one or both parts of the high school exit examination
after the completion of grade 12. The bill would also require the
notice, for certain classrooms, to include certain information about
the entitlement to receive the intensive instruction and services,
and would require a complaint regarding any deficiency related to
intensive instruction and services to be submitted to the district
official designated by the district superintendent. By imposing
additional duties on school districts, this bill would impose a
state-mandated local program.
   (3) Existing law establishes the Middle and High School
Supplemental Counseling Program and requires the governing board of a
school district that maintains any of grades 7 to 12, inclusive, as
a condition of receiving funds appropriated for purposes of that
program, to adopt a counseling program at a public meeting that
includes, among other things, a provision for a counselor to meet
with each pupil, as specified, to explain the academic and deportment
records of the pupil, his or her educational options, the coursework
and academic progress needed for satisfactory completion of middle
or high school, passage of the high school exit examination, and the
availability of career technical education. In addition to these
counseling services, a school district is required to identify
certain pupils, such as those at risk of not graduating with the rest
of their class, and to require its schools to provide certain
assistance in developing a list of coursework and experience. As a
further condition of receipt of funds, a school district is required
to submit an annual report in a manner determined by the
Superintendent that describes certain matters, including the number
and percentage of pupils who participated in conferences and who fail
to pass one or both sections of the high school exit examination.
   This bill also would require the counselor to explain the
availability, for up to 2 consecutive academic years after the
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, of intensive
instruction and services for those pupils who have not passed one or
both parts of the exit examination by the end of grade 12. The bill
also would require a school district, for the identified pupils, to
inform a pupil who has not passed one or both parts of the high
school exit examination of the option of intensive instruction and
services. The bill would require the report also to be submitted to
the appropriate county superintendent of schools and contain an
assurance that the school district has complied with the provision
that requires a school counselor to apprise a pupil of certain
information during an individual conference.
   (4) Existing law requires a county superintendent of schools to
undertake specified duties regarding the oversight of the school
districts within his or her jurisdiction.
   This bill would require a county superintendent of schools to
perform additional duties related to conducting school visits and
verifying that pupils who have not passed the high school exit
examination by the end of grade 12 are informed that they are
entitled to receive intensive instruction and services for up to 2
consecutive academic years after completion of grade 12 or until the
pupil has passed both parts of the exit examination, whichever comes
first, and verifying that those pupils who elected to receive the
instruction and services are being served. By imposing additional
duties on local educational agencies or officials, the bill would
impose a state-mandated local program.
   (5) This bill would make other technical, nonsubstantive changes
to existing law.
   (6) This bill also would incorporate additional changes in Section
52378 of the Education Code, proposed by SB 405, to be operative if
SB 405 and this bill are both enacted and become effective on or
before January 1, 2008, and this bill is enacted last.
   (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (8) By specifying a new purpose for the use of $1.5 million of
funds that would be appropriated to the State Department of Education
in the Budget Act of 2007 for allocation to county offices of
education, this bill would make an appropriation.
   To the extent that the funds appropriated by this bill are
allocated to a school district, which is defined to include, but is
not limited to, a county board of education and a county
superintendent of schools, which govern and administer, respectively,
a county office of education, those funds would be applied toward
the minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
   (9) 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 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 annually may present a report of the state of the
schools in his or her county, and of his or her office, including,
but not limited to, his or her observations while visiting the
schools, to the board of education and the board of supervisors of
his or her county.
   (2) (A) For fiscal years 2004-05 to 2006-07, inclusive, to the
extent that funds are appropriated for purposes of this paragraph,
the county superintendent, or his or her designee, annually shall
submit a report, at a regularly scheduled November board meeting, to
the governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index (API), as defined in subdivision (b) of Section 17592.70, and
shall include, among other things, his or her observations while
visiting the schools and his or her determinations for each school
regarding the status of all of the circumstances listed in
subparagraph (J) and teacher misassignments and teacher vacancies. As
a condition for receipt of funds, the county superintendent, or his
or her designee, shall use a standardized template to report the
circumstances listed in subparagraph (J) and teacher misassignments
and teacher vacancies, unless the current annual report being used by
the county superintendent, or his or her designee, already includes
those details for each school.
   (B) Commencing with the 2007-08 fiscal year, to the extent that
funds are appropriated for purposes of this paragraph, the county
superintendent, or his or her designee, annually shall submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to
Section 52056. As a condition for the receipt of funds, the annual
report shall include the determinations for each school made by the
county superintendent, or his or her designee, regarding the status
of all of the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision. For
purposes of this section, schools ranked in deciles 1 to 3,
inclusive, on the 2006 base API shall include schools determined by
the department to meet either of the following:
   (i) The school meets all of the following criteria:
   (I) Does not have a valid base API score for 2006.
   (II) Is operating in fiscal year 2007-08 and was operating in
fiscal year 2006-07 during the Standardized Testing and Reporting
(STAR) Program testing period.
   (III) Has a valid base API score for 2005 that was ranked in
deciles 1 to 3, inclusive, in that year.
   (ii) The school has an estimated base API score for 2006 that
would be in deciles 1 to 3, inclusive.
   (C) The department shall estimate an API score for any school
meeting the criteria of subclauses (I) and (II) of clause (i) of
subparagraph (B) and not meeting the criteria of subclause (III) of
clause (i) of subparagraph (B), using available test scores and
weighting or corrective factors it deems appropriate. The department
shall post the API scores on its Internet Web site on or before May
1.
   (D) For purposes of this section, references to schools ranked in
deciles 1 to 3, inclusive, on the 2006 base API shall exclude schools
operated by county offices of education pursuant to Section 56140,
as determined by the department.
   (E) In addition to the requirements above, the county
superintendent, or his or her designee, annually shall verify both of
the following:
   (i) That pupils who have not passed the high school exit
examination by the end of grade 12 are informed that they are
entitled to receive intensive instruction and services for up to two
consecutive academic years after completion of grade 12 or until the
pupil has passed both parts of the high school exit examination,
whichever comes first, pursuant to paragraphs (4) and (5) of
subdivision (d) of Section 37254.
   (ii) That pupils who have elected to receive intensive instruction
and services, pursuant to paragraphs (4) and (5) of subdivision (d)
of Section 37254, are being served.
   (F) (i) Commencing with the 2010-11 fiscal year and every third
year thereafter, the Superintendent shall identify a list of schools
ranked in deciles 1 to 3, inclusive, of the API for which the county
superintendent, or his or her designee, annually shall submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county that describes the
state of the schools in the county or of his or her office that are
ranked in deciles 1 to 3, inclusive, of the base API as defined in
clause (ii).
   (ii) For the 2010-11 fiscal year, the list of schools ranked in
deciles 1 to 3, inclusive, of the base API shall be updated using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the 2009 base
API and thereafter shall be updated every third year using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the base API of
the year preceding the third year consistent with clause (i).
   (iii) As a condition for the receipt of funds, the annual report
shall include the determinations for each school made by the county
superintendent, or his or her designee, regarding the status of all
of the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision.
   (G) The county superintendent of the Counties of Alpine, Amador,
Del Norte, Mariposa, Plumas, and 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.
   (H) On a quarterly basis, the county superintendent, or his or her
designee, shall report the results of the visits and reviews
conducted that quarter to the governing board of the school district
at a regularly scheduled meeting held in accordance with public
notification requirements. The results of the visits and reviews
shall include the determinations of the county superintendent, or his
or her designee, for each school regarding the status of all of the
circumstances listed in subparagraph (J) and teacher misassignments
and teacher vacancies. If the county superintendent, or his or her
designee, conducts no visits or reviews in a quarter, the quarterly
report shall report that fact.
   (I) 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.
   (J) The priority objective of the visits made pursuant to this
paragraph shall be to determine the status of all of the following
circumstances:
   (i) Sufficient textbooks as defined in Section 60119 and as
specified in subdivision (i).
   (ii) The condition of a facility that poses an emergency or urgent
threat to the health or safety of pupils or staff as defined in
district policy or paragraph (1) of subdivision (c) of Section
17592.72.
   (iii) The accuracy of data reported on the school accountability
report card with respect to the availability of sufficient textbooks
and instructional materials, as defined by Section 60119, and the
safety, cleanliness, and adequacy of school facilities, including
good repair as required by Sections 17014, 17032.5, 17070.75, and
17089.
   (iv) The extent to which pupils who have not passed the high
school exit examination by the end of grade 12 are informed that they
are entitled to receive intensive instruction and services for up to
two consecutive academic years after completion of grade 12 or until
the pupil has passed both parts of the high school exit examination,
whichever comes first, pursuant to paragraphs (4) and (5) of
subdivision (d) of Section 37254.
   (v) The extent to which pupils who have elected to receive
intensive instruction and services, pursuant to paragraphs (4) and
(5) of subdivision (d) of Section 37254, are being served.
   (K) The county superintendent may make the status determinations
described in subparagraph (J) during a single visit or multiple
visits. In determining whether to make a single visit or multiple
visits for this purpose, the county superintendent shall take into
consideration factors such as cost-effectiveness, disruption to the
schoolsite, deadlines, and the availability of qualified reviewers.
   (L) If the county superintendent determines that the condition of
a facility poses an emergency or urgent threat to the health or
safety of pupils or staff as defined in district policy or paragraph
(1) of subdivision (c) of Section 17592.72, or is not in good repair,
as specified in subdivision (d) of Section 17002 and required by
Sections 17014, 17032.5, 17070.75, and 17089, the county
superintendent, among other things, may do any of the following:
   (i) Return to the school to verify repairs.
   (ii) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance if the district has not
provided evidence of successful repairs within 30 days of the visit
of the county superintendent or, for major projects, has not provided
evidence that the repairs will be conducted in a timely manner. The
report may be provided to the governing board of the school district.
If the report is provided to the school district, it shall be
presented at a regularly scheduled meeting held in accordance with
public notification requirements. The county superintendent shall
post the report on his or her Internet Web site. The report shall be
removed from the Internet Web site when the county superintendent
verifies the repairs have been completed.
   (d) Distribute all laws, reports, circulars, instructions, and
blanks that he or she may receive for the use of the school officers.

   (e) Annually, on or before August 15, present a report to the
governing board of the school district and the Superintendent
regarding the fiscal solvency of a school district with a disapproved
budget, qualified interim certification, or a negative interim
certification, or that is determined 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 an
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 base API, as
specified in paragraph (2) of subdivision (c), and not currently
under review pursuant to a state or federal intervention program, the
county superintendent specifically shall 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
in a county with 200 or more schools that are ranked in any of
deciles 1 to 3, inclusive, of the base API, as specified in paragraph
(2) of subdivision (c), 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 elects to conduct written surveys of teachers, the
county superintendent shall visit the schools surveyed within the
same academic year to verify the accuracy of the information reported
on the surveys. If a county superintendent surveys teachers at a
school in which the county superintendent has found sufficient
textbooks and instructional materials for the previous two
consecutive years and determines that the school does not have
sufficient textbooks or instructional materials, the county
superintendent shall within 10 business days provide a copy of the
insufficiency report to the school district as set forth in paragraph
(4).
   (C) For purposes of this paragraph, "written surveys" may include
paper and electronic or online surveys.
   (4) If the county superintendent determines that a school does not
have sufficient textbooks or instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined by subdivision (c) of Section 60119, the county
superintendent shall do all of the following:
   (A) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance.
   (B) Provide within five business days of the review, a copy of the
report to the school district, as provided in subdivision (c), or,
if applicable, provide a copy of the report to the school district
within 10 business days pursuant to subparagraph (B) of paragraph
(3).
   (C) Provide the school district with the opportunity to remedy the
deficiency. The county superintendent shall ensure remediation of
the deficiency no later than the second month of the school term.
   (D) If the deficiency is not remedied as required pursuant to
subparagraph (C), the county superintendent shall request the
department to purchase the textbooks or instructional materials
necessary to comply with the sufficiency requirement of this
subdivision. If the department purchases textbooks or instructional
materials for the school district, the department shall issue a
public statement at the first regularly scheduled meeting of the
state board occurring immediately after the department receives the
request of the county superintendent and that meets the applicable
public notice requirements, indicating that the district
superintendent and the governing board of the school district failed
to provide pupils with sufficient textbooks or instructional
materials as required by this subdivision. Before purchasing the
textbooks or instructional materials, the department shall consult
with the district to determine which textbooks or instructional
materials to purchase. All purchases of textbooks or instructional
materials shall comply with Chapter 3.25 (commencing with Section
60420) of Part 33. The amount of funds necessary for the purchase of
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 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 a county
office of education that, based upon current projections, will not
meet its financial obligations for the remainder of the fiscal year
or for the subsequent fiscal year. A qualified certification shall be
assigned to a 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 a 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 a
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 pursuant to Section 33127. The reports and
supporting data shall be made available by the county superintendent
to an 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 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 a certificated person who
knowingly and willingly reports false fiscal expenditure data
relative to the conduct of an educational program. This requirement
applies only if, in the course of his or her normal duties, the
county superintendent discovers information that gives him or her
reasonable cause to believe that false fiscal expenditure data
relative to the conduct of an educational program has been reported.
  SEC. 2.  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, teacher vacancy or misassignment, and intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12.
   (1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.
   (2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.
   (3) Except as provided pursuant to paragraph (4), 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.
   (4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to pupils
who have not passed one or both parts of the high school exit
examination after the completion of grade 12 shall be submitted to
the district official designated by the district superintendent. A
complaint may be filed at the school district office, or it may be
filed at the schoolsite and shall be immediately forwarded to the
designee of the district superintendent.
   (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 describing the basis for the complaint and, as
appropriate, a proposed remedy for the issue described in the
complaint.
   (d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of the
school district. The report shall include the number of complaints by
general subject area with the number of resolved and unresolved
complaints. The complaints and written responses shall be available
as public records.
   (e) The procedure required pursuant to this section is intended to
address all of the following:
   (1) A complaint related to instructional materials as follows:
   (A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.
   (B) A pupil does not have access to instructional materials to use
at home or after school.
   (C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.
    (2) A complaint related to teacher vacancy or misassignment as
follows:
   (A) A semester begins and a teacher vacancy exists.
   (B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.
   (C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.
   (3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant to
subdivision (a) of Section 35292.5.
   (4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d) of
Section 37254.
   (f) In order to identify appropriate subjects of complaint, a
notice shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:
   (1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.
   (2) School facilities must be clean, safe, and maintained in good
repair.
   (3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).
   (4) Pupils who have not passed the high school exit examination by
the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant to
paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.
   (5) The location at which to obtain a form to file a complaint in
case of a shortage. Posting a notice downloadable from the Internet
Web site of the department shall satisfy this requirement.
   (g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.
   (h) For purposes of this section, the following definitions apply:

   (1) "Good repair" has the same meaning as specified in subdivision
(d) of Section 17002.
   (2) "Misassignment" means the placement of a certificated employee
in a teaching or services position for which the employee does not
hold a legally recognized certificate or credential or the placement
of a certificated employee in a teaching or services position that
the employee is not otherwise authorized by statute to hold.
   (3) "Teacher vacancy" means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.
  SEC. 3.  Section 37254 of the Education Code is amended to read:
   37254.  (a) For purposes of this section, "eligible pupil" means a
pupil who has not met the California High School Exit Examination
requirement for high school graduation pursuant to Chapter 8
(commencing with Section 60850) of Part 33, and who has failed one or
both parts of that examination by the end of grade 12.
   (b) (1) From the funds appropriated for purposes of this section
in the annual Budget Act or other statute, the Superintendent shall
determine a per pupil rate of funding by dividing the total amount of
funds appropriated for purposes of this section by the number of
eligible pupils in grade 12 as reported by school districts in
accordance with paragraph (7) of subdivision (d). The Superintendent
shall then apportion to each school district an amount equal to the
per pupil rate determined pursuant to this paragraph multiplied by
the number of eligible grade 12 pupils reported pursuant to paragraph
(7) of subdivision (d).
   (2) If funds appropriated for purposes of paragraph (1) are not
exhausted after the apportionment pursuant to paragraph (1) is made,
the Superintendent shall determine a per pupil rate of funding for
eligible pupils in grade 11 by dividing the total amount of funds
appropriated for purposes of this section remaining after the
apportionment pursuant to paragraph (1) has been made by dividing the
total number of eligible pupils in grade 11 reported by school
districts in accordance with paragraph (7) of subdivision (d). The
Superintendent shall apportion to each school district an amount
equal to the per pupil rate determined pursuant to this paragraph
multiplied by the number of eligible grade 11 pupils reported
pursuant to paragraph (7) of subdivision (d).
   (3) The maximum per pupil rate of funding shall not exceed five
hundred dollars ($500) and shall be increased annually by the
percentage determined in paragraph (2) of subdivision (b) of Section
42238.1
   (c) (1) The funds described in subdivision (b) shall be used to
provide intensive instruction and services designed to help eligible
pupils pass the California High School Exit Examination.
   (2) Intensive instruction and services may be provided during the
regular schoolday provided that they do not supplant the instruction
of the pupil in the core curriculum areas as defined in paragraph (5)
of subdivision (a) of Section 60603, or physical education
instruction. Eligible pupils may receive intensive instruction and
services on Saturdays, evenings, or at a time and location deemed
appropriate by the school district in order to meet the needs of
these pupils.
   (3) Intensive instruction and services may include, but are not
limited to, all of the following:
   (A) Individual or small group instruction.
   (B) The hiring of additional teachers.
   (C) Purchasing, scoring, and reviewing diagnostic assessments.
   (D) Counseling.
   (E) Designing instruction to meet specific needs of eligible
pupils.
   (F) Appropriate teacher training to meet the needs of eligible
pupils.
   (G) Instruction in English language arts or mathematics, or both,
that eligible pupils need to pass those parts of the high school exit
examination not yet passed. A school district may employ different
intensive instruction and services strategies more aligned to the
needs and circumstances of pupils who have not passed one or both
parts of the high school exit examination by the end of grade 12 as
compared to grade 12 pupils with similar needs in a comprehensive
high school of the district.
   (H) The provision of instruction and services by a public or
nonpublic entity, as determined by the local educational agency.
   (d) As a condition of receiving funds pursuant to subdivision (c),
the school district shall accomplish all of the following:
   (1) Ensure that each eligible pupil receives an appropriate
diagnostic assessment to identify that pupil's areas of need.
   (2) Ensure that each pupil receives intensive instruction and
services based on the results of the diagnostic assessment, and prior
results on the high school exit examination.
   (3) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 are
notified in writing at the last known address before the end of each
school term of the availability of the services in sufficient time to
register for or avail themselves of those services each term for two
consecutive academic years thereafter and are notified of the right
of a pupil to file a complaint regarding those services as set forth
in Section 35186. In addition to notifying the pupil, or his or her
parent or legal guardian if the pupil is under the age of 18, in
writing, the notice shall be posted in the school office and district
office and on the Internet Web site of the school district, if
applicable. The notice shall comply with the translation requirements
of Section 48985.
   (4) Ensure that all pupils who have not passed one or both parts
of the high school exit examination by the end of grade 12 have the
opportunity to receive intensive instruction and services as needed
based on the results of the diagnostic assessment and prior results
on the high school exit examination, as specified in paragraph (2),
for up to two consecutive academic years after completion of grade 12
or until the pupil has passed both parts of the high school exit
examination, whichever comes first. A school district shall employ
strategies for intensive instruction and services that are most
likely to result in these pupils passing the parts of the high school
exit examination that they have not yet passed.
   (5) Ensure that all English learners who have not passed one or
both parts of the high school exit examination by the end of grade 12
have the opportunity to receive intensive instruction and services
provided under paragraph (3) of subdivision (c) that also shall
include services to improve English proficiency as needed based on
the results of the diagnostic assessment and prior results on the
high school exit examination, as specified in paragraph (2), to pass
those parts of the high school exit examination not yet passed, for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first. A school district shall employ
strategies for intensive instruction and services that are most
likely to result in these pupils passing the parts of the high school
exit examination that they have not yet passed.
   (6) Demonstrate that funds will be used to supplement and not
supplant existing services.
   (7) Provide to the Superintendent, in a manner and by a date
certain determined by the Superintendent, the number of eligible
pupils at each high school in the school district.
   (8) Submit an annual report to the Superintendent and the
appropriate county superintendent of schools in a manner determined
by the Superintendent that describes the manner and frequency in
which eligible pupils were notified of the intensive instruction and
services provided, the number of pupils served for each type of
service provided, and the number of pupils in the school district who
successfully pass the high school exit examination by each type of
service provided.
  SEC. 4.  Section 52378 of the Education Code is amended to read:
   52378.  The Middle and High School Supplemental Counseling Program
is hereby established for the purpose of providing additional
counseling services to pupils in grades 7 to 12, inclusive. As a
condition of receiving funds, the governing board of each school
district maintaining any of grades 7 to 12, inclusive, shall do all
of the following:
   (a) The program shall be adopted at a public meeting of the
governing board and shall include all of the following:
   (1) A provision for individualized review of the pupil's academic
and deportment records.
   (2) A provision for a counselor to meet with each pupil and if
practicable, the parents or legal guardian of the pupil, to explain
the academic and deportment records of the pupil, his or her
educational options, the coursework and academic progress needed for
satisfactory completion of middle or high school, passage of the high
school exit examination, the availability of intensive instruction
and services as required pursuant to subdivision (c) of Section
37254, for up to two consecutive academic years after the completion
of grade 12 or until the pupil has passed both parts of the high
school exit examination, whichever comes first, for those pupils who
have not passed one or both parts of the high school exit examination
by the end of grade 12, and the availability of career technical
education. The educational options explained at the meeting, if
services are available, shall include college preparatory program and
vocational programs, including regional occupational centers and
programs and any other alternatives available to pupils within the
district.
   (b) In addition to the counseling services described in
subdivision (a), school districts shall identify pupils who are at
risk of not graduating with the rest of their class, are not earning
credits at a rate that will enable them to pass the high school exit
examination, or do not have sufficient training to allow them to
fully engage in their chosen career, and shall do all of the
following:
   (1) Require each school within its jurisdiction that enrolls
pupils in grades 10 and 12 to develop a list of coursework and
experience necessary to assist each pupil in their respective grade
that has not passed one or both parts of the high school exit
examination and to successfully transition to postsecondary education
or employment.
   (2) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 who is deemed to be at the
far below basic level in English language arts or mathematics
pursuant to California Standards Tests administered to pupils in
grade 6 to successfully transition to high school and meet all
graduation requirements, including passing the high school exit
examination.
   (3) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
   (4) Inform the pupil who has not passed one or both parts of the
high school exit examination of the option of intensive instruction
and services.
   (c) (1) In addition to the items identified in subdivision (b),
the list of coursework and experience for a pupil enrolled in grade
12 shall include options for continuing his or her education if he or
she fails to meet graduation requirements. These options shall
include, but not be limited to, all of the following:
   (A) Enrolling in an adult education program.
   (B) Enrolling in a community college.
   (C) Continuing enrollment in the pupil's school district.
   (D) Continuing to receive intensive instruction and services for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first.
   (2) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
   (d) As a condition of receipt of funds pursuant to this article, a
school district shall require each school within its jurisdiction to
offer and schedule an individual conference with each pupil,
identified in paragraphs (1) and (2) of subdivision (b), and his or
her parent or legal guardian, and a school counselor. The individual
conference shall be scheduled, to the extent feasible, according to
the following requirements:
   (1) For a pupil enrolled in grade 7, the conference shall occur
before January of that school year in which the pupil is enrolled in
grade 7.
   (2) For a pupil enrolled in grade 10, the conference shall occur
between the spring of that school year in which the pupil is enrolled
in grade 10 and the fall of the following school year in which the
pupil would be enrolled in grade 11. For the 2006-07 school year, the
conference shall occur on or before December 31, 2006.
   (3) For a pupil enrolled in grade 12, the conference shall occur
after November of that school year in which the pupil is enrolled in
grade 12, but before March of the same school year.
   (e) During the individual conference described in subdivision (d),
the school counselor shall apprise the pupil identified in
paragraphs (1) and (2) of subdivision (b), and his or her parent or
legal guardian of the following:
   (1) Consequences of not passing the high school exit examination.
   (2) Programs, courses, and career technical education options
available for pupils needed for satisfactory completion of middle or
high school.
   (3) Cumulative records and transcripts of the pupil.
   (4) Performance on standardized and diagnostic assessments of the
pupil.
   (5) Remediation strategies, high school courses, and alternative
education options available to the pupil, including, but not limited
to, informing pupils of the option to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first.
   (6) Information on postsecondary education and training.
   (7) The pupil's score on the English language arts or mathematics
portion of the California Standards Test administered in grade 6, as
applicable.
  SEC. 4.5.  Section 52378 of the Education Code is amended to read:
   52378.  The Middle and High School Supplemental Counseling Program
is hereby established for the purpose of providing additional
counseling services to pupils in grades 7 to 12, inclusive. As a
condition of receiving funds, the governing board of each school
district maintaining any of grades 7 to 12, inclusive, shall do all
of the following:
   (a) The program shall be adopted at a public meeting of the
governing board of a school district and shall include all of the
following:
   (1) A provision for individualized review of the academic and
deportment records of the pupil.
   (2) A provision for individualized review of the career goals of,
and the available academic and career technical education
opportunities and community and workplace experiences available to,
the pupil that may support the pursuit of the goals of the pupil.
   (3) A provision for a counselor to meet with each pupil and if
practicable, the parents or legal guardian of the pupil to explain
the academic and deportment records of the pupil, his or her
educational options, the coursework and academic progress needed for
satisfactory completion of middle or high school, passage of the high
school exit examination, and eligibility for admission to a
four-year institution of postsecondary education, including the
University of California and the California State University, as well
as the availability of intensive instruction and services as
required pursuant to subdivision (c) of Section 37254, for up to two
consecutive academic years after the completion of grade 12 or until
the pupil has passed both parts of the high school exit examination,
whichever comes first, for those pupils who have not passed one or
both parts of the high school exit examination by the end of grade
12, and the availability of career technical education. The
educational options explained at the meeting, if services are
available, shall include the college preparatory program and career
technical education programs, including regional occupational centers
and programs and any other alternatives available to pupils within
the school district.
   (b) In addition to the counseling services described in
subdivision (a), school districts shall identify pupils who are at
risk of not graduating with the rest of their class, are not earning
credits at a rate that will enable them to pass the high school exit
examination, or do not have sufficient training to allow them to
fully engage in their chosen career, and shall do all of the
following:
   (1) Require each school within its jurisdiction that enrolls
pupils in grades 10 and 12 to develop a list of coursework and
experience necessary to assist each pupil in his or her respective
grade that has not passed one or both parts of the high school exit
examination or has not satisfied, or is not on track to satisfy, the
curricular requirements for admission to the University of California
and the California State University, and to successfully transition
to postsecondary education or employment.
   (2) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 who is deemed to be at the
far below basic level in English language arts or mathematics
pursuant to California Standards Tests administered to pupils in
grade 6 to successfully transition to high school and meet all
graduation requirements, including passing the high school exit
examination.
   (3) Require each school within its jurisdiction that enrolls
pupils in grade 7 to develop a list of coursework and experience
necessary to assist each pupil in grade 7 to begin to satisfy the
curricular requirements for admission to the University of California
and the California State University.
   (4) Require each school within its jurisdiction to provide a copy
of the lists developed pursuant to paragraphs (2) and (3) to the
pupil and his or her parent or legal guardian. The school district
shall ensure that the list of coursework and experience is part of
the cumulative records of the pupil.
   (5) Inform the pupil who has not passed one or both parts of the
high school exit examination of the option of intensive instruction
and services.
   (c) (1) In addition to the items identified in subdivision (b),
the list of coursework and experience for a pupil enrolled in grade
12 shall include options for continuing his or her education if he or
she fails to meet graduation requirements. These options shall
include, but not be limited to, all of the following:
   (A) Enrolling in an adult education program.
   (B) Enrolling in a community college.
   (C) Continuing enrollment in the school district of the pupil.
   (D) Continuing to receive intensive instruction and services for
up to two consecutive academic years after completion of grade 12 or
until the pupil has passed both parts of the high school exit
examination, whichever comes first.
   (2) A copy of the list of coursework and experience necessary
shall be provided to the pupil and his or her parent or legal
guardian. The school district shall ensure that the list of
coursework and experience is part of the cumulative records of the
pupil.
   (d) As a condition of receipt of funds pursuant to this article, a
school district shall require each school within its jurisdiction to
offer and schedule an individual conference with each pupil,
identified in paragraphs (1) and (2) of subdivision (b), and his or
her parent or legal guardian, and a school counselor. The individual
conference shall be scheduled, to the extent feasible, according to
the following requirements:
   (1) For a pupil enrolled in grade 7, the conference shall occur
before January of that school year in which the pupil is enrolled in
grade 7.
   (2) For a pupil enrolled in grade 10, the conference shall occur
between the spring of that school year in which the pupil is enrolled
in grade 10 and the fall of the following school year in which the
pupil would be enrolled in grade 11. For a school operating on a
multitrack, year-round calendar, the conference for a pupil enrolled
in grade 10 shall occur in the timeframe that is equivalent to that
specified timeframe for a school operating on a traditional calendar.

   (3) For a pupil enrolled in grade 12, the conference shall occur
after November of that school year in which the pupil is enrolled in
grade 12, but before March of the same school year. For a school
operating on a multitrack, year-round calendar, the conference for a
pupil enrolled in grade 12 shall occur in the timeframe that is
equivalent to that specified timeframe for a school operating on a
traditional calendar.
   (e) During the individual conference described in subdivision (d),
the school counselor shall apprise the pupil identified in
paragraphs (1) and (2) of subdivision (b), and his or her parent or
legal guardian of the following:
   (1) Consequences of not passing the high school exit examination.
   (2) Programs, courses, and career technical education options
available for pupils needed for satisfactory completion of middle or
high school.
   (3) Cumulative records and transcripts of the pupil.
   (4) Performance on standardized and diagnostic assessments of the
pupil.
   (5) Remediation strategies, high school courses, and alternative
education options available to the pupil, including, but not limited
to, informing pupils of the option to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first.
   (6) Information on postsecondary education and training.
   (7) The score of the pupil on the English language arts or
mathematics portion of the California Standards Test administered in
grade 6, as applicable.
   (8) Eligibility requirements, including coursework and test
requirements, and the progress of the pupil toward satisfaction of
those requirements for admission to four-year institutions of
postsecondary education, including, at least, the University of
California and the California State University.
   (9) The availability of financial aid for postsecondary education.

  SEC. 5.  Section 52380 of the Education Code is amended to read:
   52380.  As a condition of receipt of funds pursuant to this
chapter, a school district shall submit an annual report to the
Superintendent and the appropriate county superintendent of schools
in a manner determined by the Superintendent that describes the
number of pupils served, the number of school counselors involved in
conferences, the number and percentage of pupils who participated in
conferences and who successfully pass the high school exit
examination, and the number and percentage of pupils who participated
in conferences and who fail to pass one or both sections of the exit
examination, and a summary of the most prevalent results for pupils
based on the graduation plans developed pursuant to this chapter. The
report also shall contain an assurance that the school district has
complied with subdivision (e) of Section 52378.
  SEC. 6.  Section 4.5 of this bill incorporates amendments to
Section 52378 of the Education Code proposed by both this bill and SB
405. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2008, but this bill becomes operative first, (2)
each bill amends Section 52378 of the Education Code, and (3) this
bill is enacted after SB 405, in which case Section 52378 of the
Education Code, as amended by Section 4 of this bill, shall remain
operative only until the operative date of SB 405, at which time
Section 4.5 of this bill shall become operative.
  SEC. 7.  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. 8.  (a) Of the funds appropriated in Item 6110-266-0001 of
Section 2.00 of the Budget Act of 2007, up to one million five
hundred thousand dollars ($1,500,000) may be used to provide funding
to county offices of education for the oversight activities required
pursuant to subparagraph (E) of paragraph (2) of subdivision (c) of
Section 1240 of the Education Code. The statewide organization that
represents county superintendents of schools shall recommend a
methodology for allocation of these funds to the Superintendent of
Public Instruction by October 1, 2007. The Superintendent of Public
Instruction may modify the methodology, subject to approval by the
Department of Finance and 30-day notification to the appropriate
policy and fiscal committees of the Legislature. Funds shall not be
allocated prior to the expiration of the 30-day notification period.
   (b) It is the intent of the Legislature that the allocation method
specified in subdivision (a) be applied for the 2007-08 fiscal year
and the determination of allocations for the 2008-09 fiscal year and
each fiscal year thereafter be subject to the normal budget process.
  SEC. 9.  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 provide timely assistance to the pupils of the classes
of 2006 and 2007 who have not passed one or both sections of the
high school exit examination by the end of grade 12, it is necessary
that this bill take effect immediately.