BILL NUMBER: ABX1 4 ENROLLED
BILL TEXT
PASSED THE SENATE DECEMBER 18, 2008
PASSED THE ASSEMBLY DECEMBER 18, 2008
AMENDED IN SENATE DECEMBER 18, 2008
INTRODUCED BY Assembly Member Evans
DECEMBER 8, 2008
An act to amend Sections 2558.46, 17592.71, 42238.146, 47634.1,
and 49452.8 of, to amend, repeal, and add Section 17584.1 of, to add
Sections 17070.766, 17592.74, 41207.3, 41509, 52055.60, and 52055.651
to, and to add and repeal Sections 1240.3 and 60422.1 of, the
Education Code, to amend Section 36 of, and to repeal Section 33 of,
Chapter 757 of, the Statutes of 2008, to amend Items 6110-105-0001,
6110-196-0001, 6110-196-0890, 6110-244-0001, 6110-485, 6110-488,
6360-101-0001, 6870-101-0001, and 6870-295-0001 of, and to add Item
6870-485 to, Section 2.00 of, and to amend Section 12.40 of, the
Budget Act of 2008 (Chapters 268 and 269 of the Statutes of 2008),
relating to education finance, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 4, Evans. Budget Act of 2008.
(1) Existing law requires the county superintendent of schools of
each county, among other specified duties, to make annual visits to
each school in his or her county at reasonable intervals to observe
its operation and to learn of its problems. Existing law requires
that the priority objective of those visits be the determination of
whether each school has sufficient textbooks, as defined.
This bill would revise the definition of sufficient textbooks for
the 2008-09 and 2009-10 fiscal years and, during those fiscal years,
would require a county superintendent of schools to use that revised
definition to determine whether a school has sufficient textbooks.
The bill would make these provisions inoperative on July 1, 2010, and
repeal them on January 1, 2011.
(2) Existing law requires a revenue limit to be calculated for
each county superintendent of schools, adjusted for various factors,
and reduced, as specified. Existing law reduces the revenue limit for
each county superintendent of schools for the 2008-09 fiscal year by
a deficit factor of 4.396%.
This bill would instead reduce the revenue limit for each county
superintendent of schools for the 2008-09 fiscal year by a deficit
factor of 5.050%
(3) The Leroy F. Greene School Facilities Act of 1998 requires the
State Allocation Board to require school districts applying for
funds under that act to deposit, into a specified account for ongoing
and major maintenance of school buildings, an amount equal to or
greater than 3% of the total general fund expenditures of the
applicant school district.
This bill, for the 2008-09 fiscal year, would reduce that deposit
requirement to an amount equal to or greater than 1% of the total
general fund expenditures of the applicant school district.
(4) Existing law requires a governing board of a school district
to discuss proposals and plans for expenditure of funds for the
deferred maintenance of school district facilities at a regularly
scheduled public hearing. Existing law requires the governing board
to make a report on the district's spending priorities for the
current fiscal year to the Legislature, with copies to the
Superintendent of Public Instruction, the State Board of Education,
the Department of Finance, and the State Allocation Board, by March 1
of any year that the school district does not set aside prescribed
funds for the deferred maintenance of its facilities.
This bill would render this report requirement inoperative for the
2008-09 fiscal year.
(5) Existing law directs that an amount of moneys be transferred
in the annual Budget Act from the Proposition 98 Reversion Account to
the School Facilities Emergency Repair Account. The amount to be
transferred is required to equal 50% of the unappropriated balance of
the Proposition 98 Reversion Account or $100,000,000, whichever
amount is greater. The moneys transferred be used for the purpose of
addressing emergency facilities needs.
This bill, for the 2008-09 and 2009-10 fiscal years, would reduce
the amount required to be transferred pursuant to the requirement
above to zero, and would transfer the appropriation made in the
Budget Act of 2008 for purposes of funding the School Facilities
Emergency Repair Account to the State Department of Education, on a
one-time basis, to backfill regional occupational centers and
programs.
The bill would prohibit funds provided to school districts from
the School Facilities Emergency Repair Account for the purpose of
emergency repair grants from being used either to supplant funds
provided to local educational agencies for the deferred maintenance
of school facilities pursuant to specified statutes or for deposit
into a school district deferred maintenance fund for expenditure for
specified purposes.
(6) Existing provisions of the California Constitution require the
state to apply a minimum amount of funding for each fiscal year for
the support of school districts and community college districts.
Existing law requires the Superintendent of Public Instruction and
the Director of Finance, by January 1, 2006, to jointly determine the
outstanding balance of the minimum funding obligation to school
districts and community college districts pursuant to the California
Constitution for the 1995-96 to 2003-04 fiscal years, inclusive.
Existing law, commencing with the 2006-07 fiscal year, annually
appropriates the sum of $150,000,000 from the General Fund to the
Controller for allocation to school districts and community college
districts for the purpose of discharging in full the outstanding
balance of the minimum funding obligation to school districts and
community college districts pursuant to the California Constitution.
Existing law cancels that annual appropriation for the 2008-09 fiscal
year.
This bill, in addition, would cancel that annual appropriation for
the 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years. If the
Superintendent and the Director of Finance jointly determine that,
for the 2008-09 fiscal year, the state has applied moneys for the
support of school districts and community college districts in an
amount that exceeds the minimum amount required for that fiscal year
pursuant to the California Constitution, the bill would deem
$1,100,590,000, as of June 30 of that fiscal year, as a payment in
satisfaction of the outstanding balance, as defined, of the minimum
funding obligation under that section for the 2002-03 and 2003-04
fiscal years, as specified.
(7) Existing law establishes a pupil retention block grant and,
commencing with the 2005-06 fiscal year, requires the Superintendent
to apportion funds to a school district in the same relative
statewide proportion that the school district received in the 2003-04
fiscal year for those programs, adjusted for various factors,
including changes in program participation, inflation, and for growth
in average daily attendance, as specified.
This bill, for the 2008-09 fiscal year, would require the
Superintendent to apportion pupil retention block grant funds only to
school districts operating continuation high schools. The bill would
require that the share of funding for those fiscal years received by
a school district equal its statewide share of total continuation
high school funding received in the 2003-04 fiscal year, as
specified.
(8) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county, and
requires the amount of the revenue limit to be adjusted for various
factors. Existing law reduces the revenue limit for each school
district for the 2008-09 fiscal year by a deficit factor of 4.713%.
This bill would instead reduce the revenue limit for each school
district for the 2008-09 fiscal year by a deficit factor of 5.357%.
(9) Existing law, for the 2007-08 fiscal year, requires the
categorical block grant allocated by the Superintendent for charter
schools to be $500 per unit of charter school average daily
attendance, as determined at the second principal apportionment for
the 2007-08 fiscal year. The per unit amount is required to be
adjusted for each fiscal year thereafter for a cost-of-living
adjustment, as determined pursuant to statute.
This bill, for the 2008-09 fiscal year, would reduce the
categorical block grant for charter schools to $400 per unit of
charter school average daily attendance, as determined at the second
principal apportionment for the 2008-09 fiscal year.
(10) Existing law requires a pupil, while enrolled in kindergarten
in a public school, or while enrolled in first grade in a public
school if the pupil was not previously enrolled in kindergarten in a
public school, to present, no later than May 31 of the school year,
proof of having received an oral health assessment by a licensed
dentist, or other licensed or registered dental health professional
operating within his or her scope of practice, that was performed no
earlier than 12 months prior to the date of the initial enrollment of
the pupil.
This bill would make that provision inoperative for the 2008-09
and 2009-10 fiscal years.
(11) The federal No Child Left Behind Act of 2001 requires a local
educational agency to identify an elementary or secondary school
that fails, for 2 consecutive years, to make adequate yearly
progress, as defined by the state, for program improvement. The act
requires a school that continues to fail to make adequate yearly
progress after being identified for program improvement to take
additional corrective action or meet specified restructuring
requirements.
The Public Schools Accountability Act of 1999 requires the State
Department of Education to identify local educational agencies that
are in danger of being identified for program improvement pursuant to
the No Child Left Behind Act, and to notify those local educational
agencies, in writing, of that status. The department also is required
to provide those agencies with research-based criteria to conduct
that voluntary self-assessment.
This bill, for the 2008-09 and 2009-10 fiscal years, would exempt
a school, school district, county office of education, or charter
school that has been identified for program improvement under the
federal No Child Left Behind Act of 2001 from required participation
in the Mathematics and Reading Professional Development Program or
the Administrator Training Program.
(12) The Public Schools Accountability Act of 1999 establishes the
High Priority Schools Grant Program, under which funds are made
available to eligible low-performing schools for implementation of a
school action plan that includes specified components. Under the act,
a school that achieves positive growth in each year of the last 3
years of program implementation and achieves growth targets in 2 of
those years exits the program. The act requires a school
participating in the High Priority Schools Grant Program that does
not meet its growth targets 36 months after funding, but shows
significant growth, to continue to be monitored by the
Superintendent. The act requires a school participating in the High
Priority Schools Grant Program that does not meet its growth targets
36 months after funding, and fails to show significant growth to be
deemed a state-monitored school. As a consequence, either the school
is required to enter into a contract with a school assistance and
intervention team or the Superintendent is required to assume all the
legal rights, duties, and powers of the governing board of the
school district with respect to the school.
This bill, for the 2008-09 fiscal year, would provide that a
school participating in the High Priority Schools Grant Program is
not subject to review by the state board, state monitoring, and
sanctions. The bill, for the 2008-09 and 2009-10 fiscal years, would
exempt a state-monitored school from required participation in the
Mathematics and Reading Professional Development Program or the
Administrator Training Program.
(13) Existing law establishes the Instructional Materials Funding
Realignment Program that requires the State Department of Education
to apportion funds to school districts and requires the governing
board of a school district to use that funding to ensure that each
pupil is provided with a standards-aligned textbook or basic
instructional materials by the beginning of the first school term
that commences no later than 24 months after those materials were
adopted by the State Board of Education, except as specified.
This bill, until July 1, 2010, would exempt school districts from
that requirement.
(14) Existing law appropriates $39,780,000 from the General Fund
to the Board of Governors of the California Community Colleges, in
the Budget Act of 2008, for the purpose of providing a 0.68%
cost-of-living adjustment to apportionments to community college
districts, for expenditure during the 2008-09 fiscal year.
This bill would repeal that provision.
(15) Each annual Budget Act makes various appropriations for
purposes of public education.
This bill would reappropriate for the current fiscal year
prescribed amounts or the unexpended balance of specified
appropriations made in specified prior Budget Acts to the State
Department of Education for allocation to regional occupational
centers and programs and would reduce the appropriation made by the
Budget Act of 2008 for purposes of regional occupational centers and
programs by an amount equal to the reappropriation described above.
The bill also would reappropriate $1,408,536 from the Proposition 98
Reversion Account to the Board of Governors of the California
Community Colleges, on a one-time basis, to backfill the Puente
Project.
(16) The Budget Act of 2008 makes various appropriations for
purposes of public education.
This bill would reduce or eliminate specified appropriations made
in that Budget Act.
(17) The Budget Act of 2008 makes various appropriations for
purposes of child care and development programs.
This bill would reduce specified appropriations made in that
Budget Act for those purposes.
(18) The Budget Act of 2008 authorizes a local educational agency
to expend not more than 10% of the amount apportioned under specified
programs funded in the Budget Act of 2008 that were funded in a
specified item of the Budget Act of 1999 that is commonly known as
the Mega-Item for the purposes of other specified programs for which
the recipient is eligible for funding. Among the programs from which
10% could be expended is the Home-to-School Transportation Program.
This bill would remove the Home-to-School Transportation Program
from those programs from which the local educational agency could
transfer 10% of funding, and would add that program to those programs
into which funds could be transferred.
(19) Existing law requires the Superintendent of Public
Instruction, the Controller, and the Director of Finance to develop
standards and criteria to be reviewed by the State Board of Education
and to be used by local educational agencies in the development of
annual budgets and the management of subsequent expenditures from
those budgets.
This bill, for the 2008-09 fiscal year only, would authorize the
governing board of a school district or county office of education to
use up to 100% of the balances, as of June 30, 2008, of restricted
accounts in its general fund or cafeteria fund, excluding restricted
reserves committed for capital outlay, bond funds, sinking funds,
federal funds, funds from the Public Transportation Account, and
balances in designated programs. The bill would require a governing
board that elects to use balances in restricted accounts to report to
the Superintendent of Public Instruction, in a manner determined by
the Superintendent, regarding the programs and amounts of restricted
balances used for specified purposes. The bill would require the
Superintendent of Public Instruction to report statewide information
and information for each school district and county office of
education to the Joint Legislative Budget Committee by October 31,
2009.
(20) This bill would require the Superintendent of Public
Instruction to reduce the principal apportionment for school
districts and county offices of education for the 2008-09 fiscal
year, as necessary, if, during that fiscal year, the Controller has
disbursed funds from the appropriations reduced by the bill in
amounts greater than the amounts remaining in those appropriations
following the reductions and the Superintendent determines there is
no other way to recover the funds that have been disbursed during the
2008-09 fiscal year.
(21) This bill would provide that its provisions will become
operative only if either AB 2 or SB 2 and either AB 9 or SB 9 of the
2009-10 1st Extraordinary Session of the Legislature are enacted and
become effective on or before January 1, 2009.
(22) The California Constitution authorizes the Governor to
declare a fiscal emergency and to call the Legislature into special
session for that purpose. The Governor issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1240.3 is added to the Education Code, to read:
1240.3. (a) For the purposes of Section 1240, for the 2008-09 and
2009-10 fiscal years, sufficient textbooks or instructional
materials include standards-aligned textbooks or instructional
materials, or both, that were adopted by the state board and local
governing boards pursuant to statute prior to July 1, 2008. It is the
intent of the Legislature that each local education agency provide
every pupil with the same standards-aligned textbook or instructional
material as adopted.
(b) Notwithstanding Section 1240 or any other law, for the 2008-09
and 2009-10 fiscal years, a county superintendent of schools, in
making visits to schools as specified in Section 1240, shall
determine the status of sufficient textbooks as defined in
subdivision (a).
(c) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute that
is enacted before January 1, 2011, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. Section 2558.46 of the Education Code is amended to read:
2558.46. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced by a 1.195 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each county superintendent of schools determined pursuant to this
article shall be reduced further by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced further by a 0.898 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each county
superintendent of schools determined pursuant to this article shall
be reduced by a 5.050 percent deficit factor.
(b) In computing the revenue limit for each county superintendent
of schools for the 2006-07 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2003-04,
2004-05, and 2005-06 fiscal years without being reduced by the
deficit factors specified in subdivision (a).
(c) In computing the revenue limit for each county superintendent
of schools for the 2009-10 fiscal year pursuant to this article, the
revenue limit shall be determined as if the revenue limit for that
county superintendent of schools had been determined for the 2008-09
fiscal year without being reduced by the deficit factors specified in
subdivision (a).
SEC. 3. Section 17070.766 is added to the Education Code, to read:
17070.766. Notwithstanding paragraph (2) of subdivision (b) of
Section 17070.75, for the 2008-09 fiscal year, the board shall only
require a school district to deposit into the account established
pursuant to paragraph (1) of subdivision (b) of Section 17070.75 an
amount equal to or greater than 1 percent of the total expenditures
by a district from its general fund in the 2008-09 fiscal year.
SEC. 4. Section 17584.1 of the Education Code is amended to read:
17584.1. (a) The governing board of a school district shall
discuss proposals and plans for expenditure of funds for the deferred
maintenance of school district facilities at a regularly scheduled
public hearing.
(b) The purposes of this section are to inform the public
regarding the local decisionmaking process relating to the deferred
maintenance of school facilities and to provide a foundation for
local accountability in that regard.
(c) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 5. Section 17584.1 is added to the Education Code, to read:
17584.1. (a) The governing board of a school district shall
discuss proposals and plans for expenditure of funds for the deferred
maintenance of school district facilities at a regularly scheduled
public hearing.
(b) In any fiscal year that the school district does not set aside
0.5 percent of its current-year revenue limit average daily
attendance for deferred maintenance, the governing board of a school
district shall submit a report to the Legislature by March 1 of that
year, with copies to the Superintendent, the state board, the
Department of Finance, and the State Allocation Board.
(c) The report required pursuant to subdivision (b) shall include
all of the following:
(1) A schedule of the complete school facilities deferred
maintenance needs of the school district for the current fiscal year,
including a schedule of costs per schoolsite and total costs.
(2) A detailed description of the school district's spending
priorities for the current fiscal year, and an explanation of why
those priorities, or any other considerations, have prevented the
school district from setting aside sufficient local funds so as to
permit it to fully fund its deferred maintenance program and, if
eligible, to participate in the state deferred maintenance funding
program as set forth in Section 17584.
(3) An explanation of how the governing board of a school district
plans to meet its current-year facilities deferred maintenance needs
without setting aside the funds set forth in Section 17584.
(d) Copies of the report shall be made available at each
schoolsite within the school district and shall be provided to the
public upon request.
(e) The purposes of this section are to inform the public
regarding the local decisionmaking process relating to the deferred
maintenance of school facilities and to provide a foundation for
local accountability in that regard.
(f) This section shall become operative on July 1, 2009.
SEC. 6. Section 17592.71 of the Education Code is amended to read:
17592.71. (a) There is hereby established in the State Treasury
the School Facilities Emergency Repair Account. The State Allocation
Board shall administer the account.
(b) (1) Commencing with the 2005-06 fiscal year, an amount of
moneys shall be transferred in the annual Budget Act from the
Proposition 98 Reversion Account to the School Facilities Emergency
Repair Account, equaling 50 percent of the unappropriated balance of
the Proposition 98 Reversion Account or one hundred million dollars
($100,000,000), whichever amount is greater. Moneys transferred
pursuant to this subdivision shall be used for the purpose of
addressing emergency facilities needs pursuant to Section 17592.72.
(2) Notwithstanding paragraph (1), for the 2008-09 and 2009-10
fiscal years, the amount of money to be transferred from the
Proposition 98 Reversion Account to the School Facilities Emergency
Repair Account pursuant to paragraph (1) shall be zero.
(c) The Legislature may transfer to the School Facilities
Emergency Repair Account other one-time Proposition 98 funds, except
funds specified pursuant to Section 41207. Donations by private
entities shall be deposited in the account and, for tax purposes, be
treated as otherwise provided by law.
(d) Funds shall be transferred pursuant to this section until a
total of eight hundred million dollars ($800,000,000) has been
disbursed from the School Facilities Emergency Repair Account.
SEC. 7. Section 17592.74 is added to the Education Code, to read:
17592.74. Notwithstanding any other law, the funds provided to
school districts from the School Facilities Emergency Repair Account
pursuant to this article for the purpose of emergency repair grants
shall not be used to do either of the following:
(a) Supplant funds provided to local educational agencies for the
deferred maintenance of school facilities pursuant to Sections 17584
and 17587.
(b) Be deposited into a school district deferred maintenance fund
for the purposes established pursuant to Section 17582.
SEC. 8. Section 41207.3 is added to the Education Code, to read:
41207.3. (a) If the Superintendent and the Director of Finance
jointly determine that, for the 2008-09 fiscal year, the state has
applied moneys for the support of school districts and community
college districts in an amount that exceeds the minimum amount
required for that fiscal year pursuant to Section 8 of Article XVI of
the California Constitution, one billion one hundred million five
hundred ninety thousand dollars ($1,100,590,000) shall be deemed, as
of June 30 of that fiscal year, a payment in satisfaction of the
outstanding balance of the minimum funding obligation under that
section for the 2002-03 and 2003-04 fiscal years in accordance with
the following:
(1) Four hundred eighty-three million sixteen thousand dollars
($483,016,000) in payment of the outstanding balance of the minimum
funding obligation for the 2002-03 fiscal year.
(2) Six hundred seventeen million five hundred seventy-four
thousand dollars ($617,574,000) in payment of the outstanding balance
of the minimum funding obligation for the 2003-04 fiscal year.
(b) For purposes of this section, the outstanding balance of the
minimum funding obligation to school districts and community college
districts pursuant to Section 8 of Article XVI of the California
Constitution for a fiscal year is the amount, if any, by which the
amount required to be applied by the state for the support of school
districts and community college districts pursuant to Section 8 of
Article XVI of the California Constitution, including any maintenance
factor that should have been allocated in that fiscal year pursuant
to subdivision (e) of Section 8 of Article XVI, exceeds the amount
applied by the state for the support of school districts and
community college districts for that fiscal year.
(c) The amounts allocated pursuant to this section shall be
deemed, for purposes of Section 8 of Article XVI of the California
Constitution, to be appropriations made and allocated in the fiscal
year in which the deficiencies resulting in the outstanding balance
were incurred. When the amount determined to be owed for each such
fiscal year is fully allocated pursuant to this subdivision, the data
used in the computations made under this section with regard to the
total amount owed by the state for the support of school districts
and community college districts pursuant to Section 8 of Article XVI
of the California Constitution for that fiscal year, including as
much of the maintenance factor for that fiscal year determined
pursuant to subdivision (d) of Section 8 of Article XVI as has been
allocated as required by subdivision (e) of Section 8 of Article XVI
by virtue of the allocations made under this section, shall be deemed
certified for purposes of Section 41206.
SEC. 9. Section 41509 is added to the Education Code, to read:
41509. Notwithstanding any other provision of law, for the
2008-09 fiscal year, the Superintendent shall apportion pupil
retention block grant funds only to school districts operating
continuation high schools, as set forth in Section 42243.7. The share
of funding for the 2008-09 fiscal year received by a school district
shall equal its statewide share of total continuation high school
funding received in the 2003-04 fiscal year, adjusted for
continuation high schools that have been opened or closed within the
school district since the end of that fiscal year, as determined by
the Superintendent.
SEC. 10. Section 42238.146 of the Education Code is amended to
read:
42238.146. (a) (1) For the 2003-04 fiscal year, the revenue limit
for each school district determined pursuant to this article shall
be reduced by a 1.198 percent deficit factor.
(2) For the 2004-05 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.323 percent deficit factor.
(3) For the 2003-04 and 2004-05 fiscal years, the revenue limit
for each school district determined pursuant to this article shall be
further reduced by a 1.826 percent deficit factor.
(4) For the 2005-06 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
0.892 percent deficit factor.
(5) For the 2008-09 fiscal year, the revenue limit for each school
district determined pursuant to this article shall be reduced by a
5.357 percent deficit factor.
(b) In computing the revenue limit for each school district for
the 2006-07 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2003-04, 2004-05, and 2005-06 fiscal
years without being reduced by the deficit factors specified in
subdivision (a).
(c) In computing the revenue limit for each school district for
the 2009-10 fiscal year pursuant to this article, the revenue limit
shall be determined as if the revenue limit for that school district
had been determined for the 2008-09 fiscal year without being reduced
by the deficit factors specified in subdivision (a).
SEC. 11. Section 47634.1 of the Education Code is amended to read:
47634.1. (a) Notwithstanding subdivision (a) of Section 47634, a
categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:
(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual Budget
Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average daily
attendance, as determined at the second principal apportionment for
the 2005-06 fiscal year.
(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally disadvantaged
pupil received by school districts in the current fiscal year
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29. This amount shall be multiplied by the number of
educationally disadvantaged pupils enrolled in the charter school.
The resulting amount, if greater than zero, may not be less than the
minimum amount of Economic Impact Aid funding to which a school
district of similar size would be entitled pursuant to Section 54022.
For purposes of this subdivision, a pupil who is eligible for
subsidized meals pursuant to Section 49552 and is identified as an
English learner pursuant to subdivision (a) of Section 306 shall
count as two pupils.
(3) For each charter school, the Superintendent shall multiply the
amount calculated in paragraph (1) by the school's average daily
attendance as determined at the second principal apportionment for
the 2005-06 fiscal year.
(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on prior
year average daily attendance as determined at the second principal
apportionment or, for a charter school in its first year of operation
that commences instruction on or before September 30, 2005, on
estimates of average daily attendance for the current fiscal year
determined pursuant to Section 47652.
(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2006-07 fiscal year. This amount shall be supplemented by the
amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, may not be less than the minimum amount
of Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment for
the 2007-08 fiscal year. For each fiscal year thereafter, this per
unit amount shall be adjusted for the cost-of-living adjustment, as
determined pursuant to Section 42238.1, for that fiscal year. This
amount shall be supplemented in the 2007-08 fiscal year and each
fiscal year thereafter by the amount calculated in paragraph (2).
(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part 29,
shall be multiplied by the number of economic impact aid-eligible
pupils enrolled in the charter school. The resulting amount, if
greater than zero, may not be less than the minimum amount of
Economic Impact Aid funding to which a school district of similar
size would be entitled pursuant to Section 54022.
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year,
the categorical block grant allocated by the Superintendent for
charter schools shall be four hundred dollars ($400) per unit of
charter school average daily attendance as determined at the second
principal apportionment for the 2008-09 fiscal year. This amount
shall be supplemented in the 2008-09 fiscal year by the amount
calculated in paragraph (2).
(d) It is the intent of the Legislature to fully fund the
categorical block grant for charter schools as specified in this
section and to appropriate additional funding that may be needed in
order to compensate for unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils,
pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of
Part 29, in charter schools. In any fiscal year in which the
department identifies a deficiency in the categorical block grant,
the department shall identify the available balance for programs that
count towards meeting the requirements of Section 8 of Article XVI
of the California Constitution and have unobligated funds for the
year. On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant. The
Department of Finance shall notify the Joint Legislative Budget
Committee within 30 days of any transfer made pursuant to this
section.
(e) Commencing October 1, 2007, the Legislative Analyst's Office
shall triennially convene a work group to review, commencing with
appropriations proposed for the 2008-09 fiscal year, the
appropriateness of the funding level provided by the categorical
block grant established in this section.
(f) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.
SEC. 12. Section 49452.8 of the Education Code is amended to read:
49452.8. (a) A pupil, while enrolled in kindergarten in a public
school, or while enrolled in first grade in a public school if the
pupil was not previously enrolled in kindergarten in a public school,
no later than May 31 of the school year, shall present proof of
having received an oral health assessment by a licensed dentist, or
other licensed or registered dental health professional operating
within his or her scope of practice, that was performed no earlier
than 12 months prior to the date of the initial enrollment of the
pupil.
(b) The parent or legal guardian of a pupil may be excused from
complying with subdivision (a) by indicating on the form described in
subdivision (d) that the oral health assessment could not be
completed because of one or more of the reasons provided in
subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision
(d).
(c) A public school shall notify the parent or legal guardian of a
pupil described in subdivision (a) concerning the assessment
requirement. The notification, at a minimum, shall consist of a
letter that includes all of the following:
(1) An explanation of the administrative requirements of this
section.
(2) Information on the importance of primary teeth.
(3) Information on the importance of oral health to overall health
and to learning.
(4) A toll-free telephone number to request an application for
Healthy Families, Medi-Cal, or other government-subsidized health
insurance programs.
(5) Contact information for county public health departments.
(6) A statement of privacy applicable under state and federal laws
and regulations.
(d) In order to ensure uniform data collection, the department, in
consultation with interested persons, shall develop and make
available on the Internet Web site of the department, a standardized
notification form as specified in subdivision (c) that shall be used
by each school district. The standardized form shall include all of
the following:
(1) A section that can be used by the licensed dentist or other
licensed or registered dental health professional performing the
assessment to record information that is consistent with the
information collected on the oral health assessment form developed by
the Association of State and Territorial Dental Directors.
(2) A section in which the parent or legal guardian of a pupil can
indicate the reason why an assessment could not be completed by
marking the box next to the appropriate reason. The reasons for not
completing an assessment shall include all of the following:
(A) Completion of an assessment poses an undue financial burden on
the parent or legal guardian.
(B) Lack of access by the parent or legal guardian to a licensed
dentist or other licensed or registered dental health professional.
(C) The parent or legal guardian does not consent to an
assessment.
(e) Upon receiving completed assessments, all school districts, by
December 31 of each year, shall submit a report to the county office
of education of the county in which the school district is located.
The report shall include all of the following:
(1) The total number of pupils in the district, by school, who are
subject to the requirement to present proof of having received an
oral health assessment pursuant to subdivision (a).
(2) The total number of pupils described in paragraph (1) who
present proof of an assessment.
(3) The total number of pupils described in paragraph (1) who
could not complete an assessment due to financial burden.
(4) The total number of pupils described in paragraph (1) who
could not complete an assessment due to lack of access to a licensed
dentist or other licensed or registered dental health professional.
(5) The total number of pupils described in paragraph (1) who
could not complete an assessment because their parents or legal
guardians did not consent to their child receiving the assessment.
(6) The total number of pupils described in paragraph (1) who are
assessed and found to have untreated decay.
(7) The total number of pupils described in paragraph (1) who did
not return either the assessment form or the waiver request to the
school.
(f) Each county office of education shall maintain the data
described in subdivision (e) in a manner that allows the county
office to release it upon request.
(g) This section does not prohibit any of the following:
(1) County offices of education from sharing aggregate data
collected pursuant to this section with other governmental agencies,
philanthropic organizations, or other nonprofit organizations for the
purpose of data analysis.
(2) Use of assessment data that is compliant with the federal
Health Insurance Portability and Accountability Act of 1996 (P.L.
104-191) for purposes of conducting research and analysis on the oral
health status of public school pupils in California.
(h) This section does not preclude a school district or county
office of education from developing a schoolsite-based oral health
assessment program to meet the requirements of this section.
(i) The Office of Oral Health of the Chronic Disease Control
Branch of the State Department of Public Health shall conduct an
evaluation of the requirements imposed by this section and prepare
and submit a report to the Legislature by January 1, 2010, that
discusses improvements in the oral health of children resulting from
the imposition of those requirements. The Office of Oral Health may
receive private funds and contract with the University of California
to fulfill the duties described in this subdivision.
(j) Funds appropriated in the annual Budget Act for the activities
required by this section shall first be used to offset reimbursement
provided to local educational agencies pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code for state-mandated costs imposed by this section.
(k) This section shall be inoperative for the 2008-09 and 2009-10
fiscal years only.
SEC. 13. Section 52055.60 is added to the Education Code, to read:
52055.60. Notwithstanding any other provision of law, for the
2008-09 and 2009-10 fiscal years, a school, school district, county
office of education, or charter school that has been identified for
program improvement under the federal No Child Left Behind Act of
2001 shall not be required to participate in the Mathematics and
Reading Professional Development Program (Article 3 (commencing with
Section 99230) of Chapter 5 of Part 65 of Division 14 of Title 3) or
the Administrator Training Program (Article 4.6 (commencing with
Section 44510) of Chapter 3
of Part 25 of Division 3).
SEC. 14. Section 52055.651 is added to the Education Code, to
read:
52055.651. (a) Notwithstanding Section 52055.650, for the 2008-09
fiscal year, a school participating in the High Priority Schools
Grant Program shall not be subject to review by the state board,
state monitoring, and sanctions.
(b) Notwithstanding any other provision of a law, for the 2008-09
and 2009-10 fiscal years, a state-monitored school pursuant to
Section 52055.650 shall not be required to participate in the
Mathematics and Reading Professional Development Program (Article 3
(commencing with Section 99230) of Chapter 5 of Part 65 of Division
14 of Title 3) or the Administrator Training Program (Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25 of Division
3).
SEC. 15. Section 60422.1 is added to the Education Code, to read:
60422.1. (a) Notwithstanding subdivision (i) of Section 60200,
Section 60422, or any other provision of law, for the 2008-09 and
2009-10 fiscal years, the governing board of a school district shall
not be required to provide pupils with instructional materials by a
specified period of time following adoption of those materials by the
state board.
(b) Notwithstanding subdivision (a), this section shall not be
construed to relieve school districts of their obligations under the
law to provide every pupil with standards-aligned textbooks or
instructional materials, as provided in Section 60119.
(c) This section shall not be construed to relieve school
districts of the obligation to hold a public hearing or hearings
pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision
(a) of Section 60119.
(d) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 16. Section 33 of Chapter 757 of the Statutes of 2008 is
repealed.
SEC. 17. Section 36 of Chapter 757 of the Statutes of 2008 is
amended to read:
SEC. 36. Notwithstanding subdivision (d) of Section 41207 of the
Education Code, there shall be no annual appropriation in the
2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years from the
General Fund to the Controller for allocation by the Controller to
school districts and community colleges for the purposes described in
Section 41207.
SEC. 18. Item 6110-105-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-105-0001--For local assistance,
Department of Education (Proposition 98),
Program 10.10-Instruction, for transfer
to Section A of the State School Fund,
for the purposes of Article 1 (commencing
with Section 52300) of Chapter 9 of Part
28 of Division 4 of Title 2 of the
Education Code............................ 244,621,584
Schedule:
(1) 10.10.004-
Instruction Program-
- School
Apportionments,
Regional
Occupational
Centers and
Programs............ 251,938,584
(2) Reimbursements...... -7,317,000
Provisions:
1. Notwithstanding any other
provision of law, the funds
appropriated in this item are
for transfer by the Controller
to Section A of the State School
Fund, in lieu of the amount that
otherwise would be appropriated
for transfer from the General
Fund in the State Treasury to
Section A of the State
School Fund for the current
fiscal year pursuant to Sections
14002 and 14004 of the Education
Code, in an amount as needed for
apportionment pursuant to
Article 1 (commencing with
Section 52300) of Chapter 9 of
Part 28 of Division 4 of Title 2
of the Education Code.
2. Notwithstanding any other
provision of law, the funds
appropriated in this item may
not be expended for the purposes
of providing or continuing
incentive funding for a longer
instructional year pursuant to
Section 46200 of the Education
Code.
3. Notwithstanding any other
provision of law, funds
appropriated in this item for
average daily attendance (ADA)
generated by participants in
welfare-to-work activities under
the CalWORKs program established
in Article 3.2 (commencing with
Section 11320) of Chapter 2 of
Part 3 of Division 9 of the
Welfare and Institutions Code
may be appropriated on an
advance basis to local
educational agencies based on
anticipated units of ADA if a
prior application for this
additional ADA funding has been
approved by the Superintendent
of Public Instruction.
4. Of the amount appropriated in
this item, $1,161,000 is to fund
remedial educational services
for participants in welfare-to-
work activities under the
CalWORKs program.
5. The funds appropriated in this
item reflect a reduction to the
base funding of 0.55 percent
for a statewide decline in 11th
and 12th grade average daily
attendance. If growth funds are
insufficient, the State
Department of Education may
adjust the per-pupil growth
rates to conform to available
funds. Additionally, $0 is for
the purpose of providing a cost-
of-living adjustment.
6. An additional $39,630,000 in
expenditures for this item has
been deferred until the 2009-10
fiscal year.
SEC. 19. Item 6110-196-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-196-0001--For local assistance,
Department of Education (Proposition 98),
for transfer by the Controller to Section
A of the State School Fund, for
allocation by the Superintendent of
Public Instruction to school districts,
county offices of education, and other
agencies for the purposes of Proposition
98 educational programs funded in this
item, in lieu of the amount that
otherwise would be appropriated pursuant
to any other statute...................... 1,677,749,238
Schedule:
(1) 30.10.010-Special
Program, Child
Development, Preschool 426,327,
Education................. 218
(1.5 30.10.020-Child Care 1,797,30
) Services.................. 9,020
(a) 30.10.020.
001-
Special
Program,
Child
Developmen
t,
General
Child
Developmen
t 773,811,16
Programs.. 2
(c) 30.10.020.
004-
Special
Program,
Child
Developmen
t,
Migrant
Day Care.. 35,965,924
(d) 30.10.020.
007-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment 257,037,00
Program... 0
(e) 30.10.020.
011-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program-- 349,960,00
Stage 2... 0
(f) 30.10.020.
012-
Special
Program,
Child
Developmen
t,
Alternativ
e Payment
Program--
Stage 3 245,204,00
Setaside.. 0
(g) 30.10.020.
008-
Special
Program,
Child
Developmen
t,
Resource
and
Referral.. 19,437,396
(i) 30.10.020.
015-
Special
Program,
Child
Developmen
t,
Extended
Day Care.. 31,552,943
(j) 30.10.020.
096-
Special
Program,
Child
Developmen
t,
Allowance
for
Handicappe
d......... 1,983,000
(k) 30.10.020.
106-
Special
Program,
Child
Developmen
t,
California
Child
Care
Initiative
.......... 250,000
(l) 30.10.020.
901-
Special
Program,
Child
Developmen
t,
Quality
Improvemen
t......... 67,572,000
(m) 30.10.020.
911-
Special
Program,
Child
Developmen
t,
Centralize
d
Eligibilit
y List.... 7,900,000
(n) 30.10.020.
920-
Special
Program,
Child
Developmen
t, Local
Planning
Councils.. 6,635,595
(3) 30.10.020.908-Special
Program, Child
Development, Cost-of-
Living Adjustments........ 0
(4) 30.10.020.909-Special
Program, Child
Development, Growth 10,917,0
Adjustments............... 00
(5) Amount payable from the
Federal Trust Fund (Item -556,804
6110-196-0890)............ ,000
Provisions:
1. Notwithstanding Section 8278 of
the Education Code, funds
available for expenditure pursuant
to that section shall be expended
in the current fiscal year
pursuant to the following schedule:
(a) $4,000,000 or whatever lesser
or greater amount is
necessary for accounts
payable pursuant to paragraph
(1) of subdivision (b) of
Section 8278 of the Education
Code.
(b) $22,963,000 shall be
available for CalWORKs Stage
3 child care.
(c) The Controller shall
establish an account entitled
""Section 8278 Expenditures
in 2007'' in Item 6110-196-
0001, Program 30.10.060. Any
unexpended General Fund
balances as of June 30, 2008,
or subsequent abatements,
from those amounts listed in
Schedules (1), (1.5)(a),
(1.5)(c), (1.5)(d), (1.5)(g),
(1.5)(i), (1.5)(j), (1.5)(k),
(1.5)(l), and (1.5)(n), that
are available pursuant to
Section 8278 of the Education
Code, shall be transferred to
the account for the purpose
of making expenditures
pursuant to that section and
as specified in this
provision.
2. (a) Notwithstanding any other
provision of law, alternative
payment child care programs
shall be subject to the rate
ceilings established in the
Regional Market Rate Survey
of California child care and
development providers for
provider payments. When
approved pursuant to Section
8447 of the Education Code,
any changes to the market
rate limits, adjustment
factors, or regions shall be
utilized by the State
Department of Education and
the State Department of
Social Services in various
programs under the
jurisdiction of either
department.
(b) Notwithstanding any other
provision of law, the funds
appropriated in this item for
the cost of licensed child
care services provided
through alternative payment
or voucher programs,
including those provided
under Article 3 (commencing
with Section 8220) and
Article 15.5 (commencing with
Section 8350) of Chapter 2 of
Part 6 of Division 1 of Title
1 of the Education Code,
shall be used only to
reimburse child care costs up
to the 85th percentile of the
rates charged by
providers offering the same
type of child care for the
same age child in that region
effective March 1, 2009,
based on the 2007 Regional
Market Rate Survey data. The
State Department of Education
shall cause to be developed
rate limits at the 85th
percentile, based on the 2007
survey data, and submit for
approval in accordance with
law to the Department of
Finance no later than October
1, 2008, to enable the rate
limits to be reviewed and
then implemented by March 1,
2009. The State Department of
Education may redirect
funding from funds normally
reserved for new surveys to
achieve this goal, as
necessary.
3. Of the amount appropriated in
Schedule (1), $50,000,000 is
available for Prekindergarten and
Family Literacy preschool programs
pursuant to Chapter 211 of the
Statutes of 2006. Of the amount
appropriated in Schedule (1),
$5,000,000 is available for the
provision of wraparound care to
children enrolled in state
preschool programs. The
Superintendent of Public
Instruction shall assign priority
for these funds to children
enrolled in prekindergarten and
family literacy programs
authorized by Section 8238.4 of
the Education Code.
4. Funds in Schedule (1.5)(l) shall
be reserved for activities to
improve the quality and
availability of child care,
pursuant to the following:
(a) $2,014,056 is for the
schoolage care and resource
and referral earmark.
(b) $11,359,176 is for the infant
and toddler earmark and shall
be used for increasing the
supply of quality child care
for infants and toddlers.
(c) $7,237,000 in one-time
federal funding is available
for use in the 2008-09 fiscal
year. Of that amount,
$200,000 shall be used for
Trustline registration
workload (Chapter 3.35
(commencing with Section
1596.60) of Division 2 of the
Health and Safety Code). The
remaining funds shall be used
for child care and
development quality
expenditures identified by
the State Department of
Education (SDE) and approved
by the Department of Finance.
(d) From the remaining funds in
Schedule (1.5)(l), the
following amounts shall be
allocated for the following
purposes: $4,000,000 to train
former CalWORKs recipients as
child care teachers,
$2,700,000 for contracting
with the State Department of
Social Services (DSS) for
increased inspections of
child care facilities,
$1,000,000 for Trustline
registration workload
(Chapter 3.35 (commencing
with Section 1596.60) of
Division 2 of the Health and
Safety Code), $500,000 for
health and safety training
for licensed and exempt child
care providers, $300,000 for
the Health Hotline, and
$300,000 to implement a
technical assistance program
to child care providers in
accessing financing for
renovation, expansion, or
construction of child care
facilities.
5. Of the amount appropriated in
Schedule (1.5)(l), $15,000,000
shall be for child care worker
recruitment and retention programs
pursuant to Section 8279.7 of the
Education Code, and $320,000 shall
be for the Child Development
Training Consortium.
6. (a) The State Department of
Education (SDE) shall conduct
monthly analyses of CalWORKs
Stage 2 and Stage 3 caseloads
and expenditures and adjust
agency contract maximum
reimbursement amounts and
allocations as necessary to
ensure funds are distributed
proportionally to need. The
SDE shall share monthly
caseload analyses with the
State Department of Social
Services (DSS).
(b) The SDE shall provide
quarterly information
regarding the sufficiency of
funding for Stage 2 and Stage
3 to DSS. The SDE shall
provide caseloads,
expenditures, allocations,
unit costs, family fees, and
other key variables and
assumptions used in
determining the sufficiency
of state allocations.
Detailed backup by month and
on a county-by-county basis
shall be provided to the DSS
at least on a quarterly basis
for comparisons with Stage 1
trends.
(d) By September 30 and March 30
of each year, the SDE shall
ensure that detailed caseload
and expenditure data, through
the most recent period for
Stage 2 and Stage 3 Setaside
along with all relevant
assumptions, is provided to
DSS to facilitate budget
development. The detailed
data provided shall include
actual and projected
monthly caseload from Stage 2
scheduled to time off of
their transitional child care
benefit from the last actual
month reported by agencies
through the next two fiscal
years as well as local
attrition experience. DSS
shall utilize data provided
by the SDE, including key
variables from the prior
fiscal year and the first two
months of the current fiscal
year, to provide coordinated
estimates in November of each
year for each of the three
stages of care for
preparation of the Governor's
Budget, and shall utilize
data from at least the first
two quarters of the current
fiscal year, and any
additional monthly data as
they become available for
preparation of the May
Revision. The DSS shall share
its assumptions and
methodology with the SDE in
the preparation of the
Governor's Budget.
(e) The SDE shall coordinate
with the DSS to identify
annual general subsidized
child care program
expenditures for Temporary
Assistance for Needy Families-
eligible children. The SDE
shall modify existing
reporting forms as necessary
to capture this data.
(f) The SDE shall provide to the
DSS, upon request, access to
the information and data
elements necessary to comply
with federal reporting
requirements and any other
information deemed necessary
to improve estimation of
child care budgeting needs.
7. Notwithstanding any other
provision of law, the funds in
Schedule (1.5)(f) are reserved
exclusively for continuing child
care for the following: (a)
former CalWORKs families who are
working, have left cash aid, and
have exhausted their two-year
eligibility for transitional
services in either Stage 1 or 2
pursuant to subdivision (c) of
Section 8351 or Section 8353 of
the Education Code, respectively,
but still meet eligibility
requirements for receipt of
subsidized child care services,
and (b) families who received lump-
sum diversion payments or
diversion services under Section
11266.5 of the Welfare and
Institutions Code and have spent
two years in Stage 2 off of cash
aid, but still meet eligibility
requirements for receipt of
subsidized child care services.
8. Nonfederal funds appropriated in
this item which have been budgeted
to meet the state's Temporary
Assistance for Needy Families
maintenance-of-effort requirement
established pursuant to the
federal Personal
Responsibility and Work
Opportunity Reconciliation Act of
1996 (P.L. 104-193) may not be
expended in any way that would
cause their disqualification as a
federally allowable maintenance-of-
effort expenditure.
9. (a) Notwithstanding any other
provision of law, the income
eligibility limits pursuant
to Section 8263.1 of the
Education Code that were
applicable to the 2007-08
fiscal year shall remain in
effect for the 2008-09 fiscal
year.
10. Of the amounts provided in this
item, $0 is available to provide a
cost-of-living adjustment for
Schedules (1), (1.5)(a), (1.5)(c),
(1.5)(d), (1.5)(g), (1.5)(i),
(1.5)(j), and (1.5)(n). The
maximum standard reimbursement
rate shall not exceed $34.38 per
day for general child care
programs and $21.22 per day for
state preschool programs.
Furthermore, the migrant child
care and Cal-SAFE child care
programs shall adhere to the
maximum standard reimbursement
rates as prescribed for the
general child care programs. All
other rates and adjustment factors
shall be revised to conform.
11. Of the amounts provided in this
item, $10,917,000 is available to
provide a growth adjustment for
Schedules (1), (1.5)(a), (1.5)(c),
(1.5)(d), (1.5)(i), and (1.5)(j).
12. (a) Notwithstanding any other
provision of law, the
funds in Schedule (1.5)(m)
are appropriated exclusively
for developing and
maintaining a centralized
eligibility list in each
county pursuant to Section
8227 of the Education Code.
By November 1 of each year,
the State Department of
Education shall provide a
status report on implementing
eligibility lists in each
county, which shall include,
but is not limited to, the
cost of implementation and
operation of the eligibility
lists in each county, and
number of children and
families on the list for each
county.
13. Notwithstanding Section 8278.3 of
the Education Code or any other
provision of law, up to $5,000,000
of the Child Care Facilities
Revolving Fund balance may be
allocated for use on a one-time
basis for renovations and repairs
to meet health and safety
standards, to comply with the
federal Americans with
Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.), and to
perform emergency repairs, that
were the result of an unforeseen
event and are necessary to
maintain continued normal
operation of the child care and
development program. These funds
shall be made available to school
districts and contracting agencies
that provide subsidized center-
based services pursuant to the
Child Care and Development
Services Act (Chapter 2
(commencing with Section 8200) of
Part 6 of Division 1 of Title 1 of
the Education Code).
14. It is the intent of the
Legislature to fully fund the
third stage of child care for
former CalWORKs recipients.
SEC. 20. Item 6110-196-0890 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-196-0890--For local assistance,
Department of Education, payable from the
Federal Trust Fund......................... 556,804,000
Provisions:
1. Notwithstanding any other
provision of law, the funds
appropriated in this item, to
the extent permissible under
federal law, are subject to
Section 8262 of the Education
Code.
2. Of the funds appropriated in
this item, $10,000,000 is from
the transfer of funds,
pursuant to Item 5180-402,
from the federal Temporary
Assistance for Needy Families
(TANF) Block Grant
administered by the State
Department of Social Services
to the federal Child Care and
Development Block Grant for
Stage 2 child care.
4. Of the funds appropriated in
this item, $7,237,000 is
available on a one-time basis
for quality projects from
federal Child Care and
Development Block Grant funds
appropriated prior to the 2008
federal fiscal year.
5. Of the funds appropriated in
this item, $19,293,000 is
available on a one time basis
from prior year carryover
funds.
SEC. 21. Item 6110-244-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6110-244-0001--For local assistance,
Department of Education (Proposition 98),
Program 20.60 for transfer by the
Controller to Section A of the State
School Fund, for allocation by the
Superintendent of Public Instruction for
the Teacher Credentialing Block Grant
pursuant to Article 4 (commencing with
Section 41520) of Chapter 3.2 of Part 24
of Division 3 of Title 2 of the Education
Code....................................... 92,240,000
Provisions:
1. Of the funds appropriated in
this item, $2,480,000 is
available to support the
Teacher Credentialing Block
Grant regional infrastructure.
2. It is the intent of the
Legislature that first-year
holders of preliminary
teaching credentials, as
defined in subdivision (b) of
Section 44259 of the Education
Code, be afforded first
priority for funding
appropriated in this item. To
the extent that any funds
appropriated in this item
remain after all first-year
holders of preliminary
teaching credentials have been
served, those funds may be
used to serve second-year
holders of preliminary
teaching credentials.
3. If funds are insufficient to
service all second-year
holders of preliminary
teaching credentials, the
State Department of Education
shall prorate the funds to
conform to the amount
remaining in this item,
consistent with Provision 2.
It is the intent of the
Legislature that second-year
holders of preliminary
teaching credentials receive
focused mentoring, support,
and assistance to ensure that
they complete program
requirements and qualify for
the professional
credential by the end of the
second year. No funding shall
be provided beyond the second
year.
4. Of the funds appropriated in
this item, $0 is provided for
a cost-of-living adjustment
for a total per-participant
rate of $4,069.
5. The funds in this item shall
be made available only to
beginning teachers, as defined
in Section 44279.1 of the
Education Code, serving in
their first or second year of
service in California.
SEC. 22. Item 6110-485 of Section 2.00 of the Budget Act of 2008
is amended to read:
6110-485--Reappropriation, (Proposition 98),
Department of Education. The sum of
$100,000,000 is hereby reappropriated from the
Proposition 98 Reversion Account, for the
following purpose:
0001--General Fund
(1) $100,000,000 to the State
Department of Education, on a one-time
basis, to backfill regional
occupational centers and programs.
SEC. 23. Item 6110-488 of Section 2.00 of the Budget Act of 2008
is amended to read:
6110-488--Reappropriation (Proposition 98),
Department of Education. Notwithstanding any other
provision of law, the unobligated balances from the
following items are available for reappropriation
for the purposes specified in Provisions 3, 4, and 5:
0001--General Fund
(1) $12,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(2) $1,441,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2004 (Ch. 208, Stats. 2004), as
carried forward per Provision 1 of
Item 6110-196-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(3) $3,663,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005),
$1,749,000 of which was carried
forward per Provision 1 of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(4) $12,921,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for CalWORKs Stage 2
and Stage 3 child care in Schedules
(1.5)(e) and (1.5)(f) of Item 6110-
196-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(6) $18,120,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for preschool
education and child care programs
in Schedules (1) and (1.5) of Item
6110-196-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007), with the exception of
Schedules (1.5)(e) and (1.5)(f) for
CalWORKs child care programs.
(7) $8,000,000 of the amount
appropriated to the Child Care
Facilities Revolving Fund
established pursuant to Section
8278.3 of the Education Code from
Section 2.00 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(8) $5,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the provision of
wraparound care to children
enrolled in preschool programs
pursuant to Section 8238.6 of the
Education Code (Ch. 211, Stats.
2006).
(9) $48,000 or whatever greater or
lesser amount reflects the
unexpended funds from subdivision
(a) of Section 9 of Chapter 734 of
the Statutes of 1999.
(10) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Community-Based
English Tutoring pursuant to
Section 315 of the Education Code,
as enacted by Proposition 227 in
1998.
(11) $9,200,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for juvenile education
in Item 5225-011-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(12) $76,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Small School
District Bus Replacement in
Schedule (2) of Item 6110-111-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(13) $488,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Home to School
Transportation in Schedule (1) of
Item 6110-111-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(14) $545,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Examination in
Schedule (4) of Item 6110-113-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(15) $2,060,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for Assessment Review
and Reporting and the STAR Program
in Schedules (1) and (2) of Item
6110-113-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(16) $19,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(17) $17,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (3) of Item 6110-123-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(18) $2,993,000 or whatever greater
or lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(19) $615,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the implementation
of the Public Schools
Accountability Act of 1999 for the
Immediate
Intervention/Underperforming
Schools Program Corrective Actions
in Schedule (2) of Item 6110-123-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(20) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Learners Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(21) $5,149,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the English
Language Acquisition Program in
Schedule (2) of Item 6110-125-0001
of the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(22) $109,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Schedule (1) of
Item 6110-128-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(23) $4,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for Economic
Impact Aid in Item 6110-128-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(24) $1,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Administrator
Training Program in Item 6110-144-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(25) $7,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the American
Indian Early Childhood Education
Program in Item 6110-150-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(26) $110,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Schedule (1)
of Item 6110-151-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(27) $177,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for American Indian
Education Centers in Item 6110-151-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(28) $1,385,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adults in
correctional facilities in Item
6110-158-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(29) $107,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2005 (Chs. 38 and 39, Stats. 2005).
(30) $21,919,000 or whatever greater
or lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(31) $57,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for vocational
education for partnership academies
in Item 6110-166-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(32) $23,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education Incentive
Program in Item 6110-167-0001 of
the Budget Act of 2005 (Chs. 38 and
39, Stats. 2005).
(33) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for educational
technology programs in Item 6110-
181-0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(34) $369,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
transferred to the State School
Fund for educational technology
programs in Item 6110-181-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(35) $27,000 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for staff
development for teacher peer review
in Schedule (2) of Item 6110-193-
0001 of the Budget Act of 2005
(Chs. 38 and 39, Stats. 2005).
(36) $95,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Bilingual
Teacher Training Assistance Program
and teacher peer review in
Schedules (1) and (2) of Item 6110-
193-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(37) $43,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for transfer to the
State School Fund for teacher
dismissal apportionments in Item
6110-209-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats.
2006).
(38) $13,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for School Community
Policing Partnership Competitive
Grants Program in Schedule (5) of
Item 6110-228-0001 of the Budget
Act of 2004 (Ch. 208, Stats. 2004).
(39) $21,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the International
Baccalaureate Diploma Program in
Schedule (1) of Item 6110-240-0001
of the Budget Act of 2005 (Chs. 38
and 39, Stats. 2005).
(40) $6,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Credentialing Block Grant Program
in Item 6110-244-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(41) $79,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(42) $186,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School and
Library Improvement Block Grant
Program in Item 6110-247-0001 of
the Budget Act of 2007 (Chs.
171 and 172, Stats. 2007).
(43) $30,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Physical
Education Teacher Incentive Grant
Program in Item 6110-260-0001 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(44) $641,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to county offices of
education for site visits for
Williams audits in Item 6110-266-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(45) $101,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Charter School
Facility Grant Program in Schedule
(7) of Item 6110-485 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(46) $600,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Principal
Training Program in Schedule (8) of
Item 6110-485 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(47) $25,645,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2004-
05 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002.
(48) $178,352,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2007-
08 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(49) $20,000,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
instruction in Schedule (1) of Item
6110-161-0001 of the Budget Act
of 2007 (Chs. 171 and 172, Stats.
2007).
(50) $520,000 or whatever greater or
lesser amount reflects the
unexpended balance for the After
School Education and Safety Program
in Item 6110-649-0001 from the 2006-
07 fiscal year appropriation
pursuant to Section 8483.5 of the
Education Code, as enacted by
Proposition 49 in 2002, and
pursuant to Section 8483.51 of the
Education Code, as enacted by
Chapter 2 of the Statutes of 2008,
Third Extraordinary Session.
(51) $3,207,465 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for special education
programs in Schedule (1) of Item
6110-161-0001 of the Budget Act of
2003 (Ch. 157, Stats. 2003).
(52) $10,922 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Consolidated Competitive Grant in
Item 6110-248-0001 of the Budget
Act of 2005 (Chs. 38 and 39, Stats.
2005).
(53) $10,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the adult
education program and regional
occupational programs pursuant to
Article 2 (commencing with Section
51120) of Chapter 1.5 of Part 28 of
Division 4 of Title 2 of the
Education Code in Schedule (3) of
Section 43 of Chapter 79 of the
Statutes of 2006.
(54) $27,500 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the parental
involvement program pursuant to
Article 2 (commencing with Section
51120) of Chapter 1.5 of Part 28 of
Division 4 of Title 2 of the
Education Code in Schedule (9) of
Section 43 of Chapter 79 of the
Statutes of 2006.
(55) $114,395 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for teacher
recruitment and retention pursuant
to Article 2 (commencing with
Section 51120) of Chapter 1.5 of
Part 28 of Division 4 of Title 2 of
the Education Code in Schedule (20)
of Section 43 of Chapter 79 of the
Statutes of 2006.
(56) $25,725 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for start-up school
breakfast and summer food program
pursuant to Article 2 (commencing
with Section 51120) of Chapter 1.5
of Part 28 of Division 4 of Title 2
of the Education Code in Schedule
(8) of Section 43 of Chapter 79 of
the Statutes of 2006.
(57) $831,523 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for prior year mandate
claims made by local education
agencies pursuant to Article 2
(commencing with Section 51120) of
Chapter 1.5 of Part 28 of Division
4 of Title 2 of the Education Code
in Schedule (1) of Section 43 of
Chapter 79 of the Statutes of 2006.
(58) $3,115,995 or whatever greater
or lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2006 (Chs. 47 and 48,
Stats. 2006).
(59) $247,611 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Special
Education Infant Program in
Schedule (1) of Item 6110-161-0001
of the Budget Act of 2006 (Chs. 47
and 48, Stats. 2006).
(60) $730,454 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Early
Education for Individuals with
Exceptional Needs in Schedule (2)
of Item 6110-161-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(61) $44,135 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Agricultural
Vocational Education in Item
6110-167-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(62) $29,837 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Intervention Program in Item 6110-
204-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(63) $6,057 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant in Schedule (1) of Item
6110-228-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(64) $8,500,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the K-3 Class
Size Reduction Program in Item
6110-234-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(65) $339,439 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Pupil
Retention Block Grant in Item 6110-
243-0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(66) $98,647 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Professional
Development Block Grant in Item
6110-245-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(67) $5,130 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Arts and Music
Block Grant in Item 6110-265-
0001 of the Budget Act of 2006
(Chs. 47 and 48, Stats. 2006).
(68) $1,941,700 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Certificated
Staff Mentoring Program in Item
6110-267-0001 of the Budget Act of
2006 (Chs. 47 and 48, Stats. 2006).
(69) $12,844 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the School Safety
Block Grant Program pursuant to
subparagraph (J) of paragraph (2)
of subdivision (a) of Section 31 of
Chapter 73 of the Statutes of 2005.
(70) $11,705,886 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for adult education
programs pursuant to subparagraph
(G) of paragraph (2) of subdivision
(a) of Section 31 of Chapter 73 of
the Statutes of 2005.
(71) $1,217,782 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (10) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(72) $57,239 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year K-
12 Education Mandate Claims in
Schedule (12) of Item 6110-485 of
the Budget Act of 2006 (Chs. 47 and
48, Stats. 2006).
(73) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the specialized
secondary programs in Item 6110-122-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(74) $658,800 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the High Priority
Schools Grant Program in Schedule
(1) of Item 6110-123-0001 of the
Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(75) $40,310 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the
Partnership Academies Program in
Item 6110-166-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(76) $145,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the National Board
Certification Program in Item 6110-
195-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(77) $49,774 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the California
High School Exit Exam Intensive
Instruction Program in Item 6110-
204-0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(78) $41,445 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Teacher
Dismissal Apportionment Program in
Item 6110-209-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(79) $1,003,040 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Pupil
Retention Program in Item 6110-243-
0001 of the Budget Act of 2007
(Chs. 171 and 172, Stats. 2007).
(80) $167,158 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated for the
Professional Development Block
Grant in Item 6110-245-0001 of the
Budget Act of 2007 (Chs. 171 and
172, Stats. 2007).
(81) $429,880 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Certificated
Staff Mentoring Program in Item
6110-267-0001 of the Budget Act of
2007 (Chs. 171 and 172, Stats.
2007).
(82) $7,821 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Home to School
Transportation Program in Schedule
(14) of Item 6110-485 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(83) $281,207 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Quality
Education Improvement Act in
subparagraph (B) of paragraph (1)
of subdivision (c) of Section
52055.770 of the Education Code.
(84) $52,571,647 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Economic
Impact Aid Program in Item 6110-128-
0001 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008).
(85) $499,639 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(86) $145,359 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges for nursing
faculty recruitment and retention
in paragraph (30) of subdivision
(a) of Section 43 of Chapter 79 of
the Statutes of 2006.
(87) $229,653 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (18)
of Item 6870-101-0001 of the Budget
Act of 2006 (Chs. 47 and 48, Stats.
2006).
(88) $40,000 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (15)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(89) $59,931 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (20)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(90) $81,824 or whatever greater or
lesser amount reflects the
unexpended balance of the
amount appropriated to the
California Community Colleges in
Schedule (23) of Item 6870-101-0001
of the Budget Act of 2007 (Chs. 171
and 172, Stats. 2007).
(91) $404,091 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (18)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(92) $817,973 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated to the California
Community Colleges in Schedule (6)
of Item 6870-101-0001 of the Budget
Act of 2007 (Chs. 171 and 172,
Stats. 2007).
(93) $8,738,578 or whatever greater or
lesser amount reflects the
unexpended balance of the amount
appropriated for the Prior Year
K-12 Education Mandate Claims of
subparagraph (A) of paragraph (3)
of subdivision (a) of Section 44 of
Chapter 79 of the Statutes of 2006.
Provisions:
3. The sum of $146,651,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 2 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
4. The sum of $164,686,000 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for the purpose of
funding CalWORKs Stage 3 child
care. The amount reappropriated
pursuant to this provision is for
use in the 2008-09 fiscal year.
5. The sum of $98,733,416 is hereby
reappropriated to the State
Department of Education for
transfer by the Controller to
Section A of the State School Fund
for allocation by the
Superintendent of Public
Instruction for regional
occupational centers and
programs pursuant to Article 1
(commencing with Section 52300) of
Chapter 9 of Part 28 of Division 4
of Title 2 of the Education Code.
SEC. 24. Item 6360-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6360-101-0001--For local assistance,
Commission on Teacher Credentialing
(Proposition 98), Program 10, Standards for
Preparation and Licensing of Teachers......... 25,871,000
Schedule:
(1) 10.20.001-Alternative
Certification Program.. 19,710,000
(2) 10.20.002-California
School
Paraprofessional
Teacher Training
Program................ 6,161,000
Provisions:
1. The funds appropriated in Schedule
(1) are for school districts and
county offices of education
participating in the alternative
certification programs established
pursuant to Article 11 (commencing
with Section 44380) of Chapter 2 of
Part 25 of Division 3 of Title 2 of
the Education Code.
2. The funds appropriated in Schedule
(2) are for school districts
and county offices of education
participating in the California
School Paraprofessional Teacher
Training Program established
pursuant to Article 12 (commencing
with Section 44390) of Chapter 2 of
Part 25 of Division 3 of Title 2 of
the Education Code at a per-
participant rate of $3,500.
SEC. 25. Item 6870-101-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6870-101-0001--For local assistance,
Board of Governors of the California
Community Colleges (Proposition 98)..... 3,879,557,000
Schedule:
(1) 10.10.010- 3,160,717,
Apportionments........ 000
(2) 10.10.020-
Apprenticeship........ 11,680,000
(3) 10.10.030-Growth for
Apportionments........ 99,727,000
(4) 20.10.004-Student
Success for Basic
Skills Students....... 33,100,000
(5) 20.10.005-Student
Financial Aid
Administration........ 51,269,000
(6) 20.10.020-Disabled 115,011,00
Students.............. 0
(7) 20.10.045-Special
Services for CalWORKs
Recipients............ 43,580,000
(8) 20.10.060-Foster Care
Education Program..... 4,191,000
(9) 20.10.070- 101,803,00
Matriculation......... 0
(10) 20.20.020-Academic
Senate for the
Community Colleges.... 373,000
(11) 20.20.041-Equal
Employment
Opportunity pursuant
to Ch. 1169, Stats.
2002.................. 1,394,000
(12) 20.20.050-Part-time
Faculty Health
Insurance............. 798,000
(13) 20.20.051-Part-time
Faculty Compensation.. 40,547,000
(14) 20.20.055-Part-time
Faculty Office Hours.. 5,721,000
(15) 20.30.011-
Telecommunications
and Technology
Services.............. 20,898,000
(16) 20.30.050-Economic
Development........... 37,326,000
(17) 20.30.070-Transfer
Education and
Articulation.......... 1,136,000
(18) 20.40.026-Physical
Plant and
Instructional Support. 0
(19) 20.10.010-Extended
Opportunity Programs
and Services and 122,291,00
Special Services...... 0
(20) 20.30.045-Fund for
Student Success....... 4,912,000
(21) 20.70.010-Career
Technical Education... 0
(22) 20.80.010-Campus
Childcare Tax Bailout. 5,453,000
(23) 20.95.010-Nursing
Program Support....... 17,630,000
Provisions:
1. The funds appropriated in
Schedules (1), (2), (3), (4),
(5), (6), (7), (8), (9), (11),
(12), (13), (14), (15), (16),
(18), (19), and (22) are for
transfer by the Controller
during the 2008-09 fiscal year
to Section B of the State School
Fund.
2. Notwithstanding any other
provision of law, apportionment
funding for community college
districts shall be based on the
greater of the current year or
prior year level of full-time
equivalent students (FTES),
consistent with K-12 declining
enrollment practices pursuant to
Section 42238.5 of the Education
Code. Decreases in FTES shall
result in a revenue reduction at
the district's average level of
apportionment funding per FTES
and shall be made in the year
following the initial year of
decrease in FTES.
3. The funds appropriated in
Schedule (1) for Apportionments
include $25,056,000 to
encourage district-level
accountability efforts pursuant
to Section 84754.5 of the
Education Code. It is intended
that the Chancellor of the
California Community Colleges
submit an annual report on
district-specific accountability
measures by March 19 of each
year. This report shall reflect
outcomes from the most recently
completed fiscal year for which
data is available pursuant to
Section 84754.5 of the Education
Code.
4. Of the funds appropriated in
Schedule (1), Apportionments:
(a) Up to $100,000 is for a
maintenance allowance,
pursuant to Section 54200
of Title 5 of the
California Code of
Regulations.
(b) Up to $500,000 is to
reimburse colleges for the
costs of federal aid
repayments related to
assessed fees for fee
waiver recipients. This
reimbursement only applies
to students who completely
withdraw from college
before the census date
pursuant to Section 58508
of Title 5 of the
California Code of
Regulations.
5. Notwithstanding any other
provision of law, the Chancellor
of the California Community
Colleges shall not reduce
district workload obligations
for a lack of a funded cost-of-
living adjustment.
6. (a) Of the amount appropriated
in Schedule (2) for the
Apprenticeship Program, up
to $11,680,000 shall be
available as necessary
upon certification by the
Chancellor of the
California Community
Colleges for the purpose
of funding community
college-related and
supplemental instruction
pursuant to Section 3074
of the Labor Code, as
provided in Section 8152
of the Education Code. No
community college district
shall use funds available
under this provision to
offer any new
apprenticeship training
program or the expansion
of any existing program
unless the new program or
expansion has been
approved by the chancellor.
(b) Notwithstanding Section
8152 of the Education
Code, each 60-minute hour
of teaching time devoted
to each indentured
apprentice enrolled in and
attending classes of
related and supplemental
instruction as provided
under Section 3074 of the
Labor Code shall be
reimbursed at the rate of
$5.06 per hour. For
purposes of this
provision, each hour of
teaching time may include
up to 10 minutes for
passing time and breaks.
7. Funds appropriated in Schedule
(3), Growth for Apportionments,
shall be available first to any
districts bringing online in the
current fiscal year newly
accredited colleges or
California Postsecondary
Education Commission-approved
educational centers. It is the
intent of the Legislature that
increases in basic foundation
allocations to each college be
funded prior to additional
growth in full-time equivalent
students. The Chancellor of the
California Community Colleges
shall provide a report by
November 1 of each year, to the
Department of Finance and the
Legislative Analyst, on the
number of new centers and
colleges added for the current
fiscal year and those
anticipated to be added for the
prospective budget year. This
report shall also detail the
specific funding adjustments
provided for basic foundation
allocations to each college and
center for the current fiscal
year.
8. Notwithstanding any other
provision of law, funds
appropriated in Schedule (3) for
Growth for Apportionments shall
only be allocated for growth in
full-time equivalent students
(FTES), on a district-by-
district basis, as determined by
the Chancellor of the
California Community Colleges.
The chancellor shall not include
any FTES from concurrent
enrollment in physical
education, dance, recreation,
study skills, and personal
development courses and other
courses in conflict with
existing law for the purpose of
calculating a district's three-
year overcap adjustment. The
Board of Governors of the
California Community Colleges
shall implement the criteria
required by subdivision (a) of
Provision 5 of Item 6870-101-
0001 of the Budget Act of 2003
(Ch. 157, Stats. 2003) for the
allocation of funds appropriated
in Schedules (1) and (3), so as
to ensure that courses related
to student needs for transfer,
basic skills, and
vocational/workforce training
are accorded the highest
priority and are provided to the
maximum extent possible within
budgeted funds.
11. The funds appropriated in
Schedule (4), Student Success
for Basic Skills Students, shall
be allocated as follows:
(a) $1,600,000 for faculty and
staff development to
improve curriculum,
instruction, student
services, and program
practices in the areas of
basic skills and English
as a Second Language (ESL)
programs. The Office of
the Chancellor of the
California Community
Colleges shall select a
district, utilizing a
competitive process, to
carry out these faculty
and staff development
activities. All colleges
receiving funds pursuant
to subdivision (b) shall
be provided with the
opportunity to participate
in the faculty and staff
development programs
specified in this
subdivision. The
chancellor shall report on
the use of these funds by
the selected district to
the Legislative
Analyst and the Department
of Finance not later than
September 1, 2009.
(b) $31,500,000 for allocation
by the chancellor to
community college
districts for improving
outcomes of students who
enter college needing at
least one course in ESL or
basic skills, with
particular emphasis on
students transitioning
from high school.
(c) Funding specified in
subdivisions (a) and (b)
shall be distributed to
eligible applicants
pursuant to Chapter 489 of
the Statutes of 2007.
(d) The Office of the
Chancellor shall work
jointly with the
Department of Finance and
the Legislative Analyst to
develop annual
accountability measures
for this program. It is
the intent of the
Legislature that annual
performance accountability
measures for this program
utilize, to the extent
possible, data available
as part of the
accountability system
developed pursuant to
Section 84754.5 of the
Education Code. By
November 1, 2009, the
chancellor shall submit a
report to the Governor and
Legislature on the annual
accountability measures
developed pursuant to this
process.
12. (a) Of the funds appropriated
in Schedule (5) for
Student Financial Aid
Administration, not less
than $9,864,000 is
available to provide $0.91
per unit reimbursement
to community college
districts for the
provision of board of
governors (BOG) fee waiver
awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(b) Of the funds appropriated
in Schedule (5), not less
than $4,405,000 is
available to provide
reimbursement of 2 percent
of total waiver value to
community college
districts for the
provision of BOG fee
waiver awards pursuant to
paragraph (2) of
subdivision (m) of Section
76300 of the Education
Code.
(c) Funding provided to
community college
districts in subdivisions
(a) and (b) of Provision
15 is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Commission on State
Mandates Test Claims 99-TC-
13 (Enrollment Fee
Collection) and 00-TC-15
(Enrollment Fee Waivers).
(d) (1) Of the amount
appropriated in
Schedule (5),
$2,800,000 shall be
for a contract with
a community college
district to conduct
a statewide media
campaign to promote
the general message
to prospective
students as follows:
(A) the California
Community Colleges
(CCC) remain
affordable, (B)
financial aid and
tax credits are
available to cover
enrollment fees and
help with books and
other costs, and (C)
the active
encouragement of
contact between
pupils and local CCC
financial aid
offices. Any funds
used from this
source to produce
radio, television,
or mail campaigns
must emphasize
the availability of
financial aid, the
easiest and most
reliable method of
accessing the aid, a
contact telephone
number, an Internet
Web site address,
where applicable,
and the physical
location of a
financial aid
office. Any mail
campaign must give
priority to existing
pupils, recent high
school graduates,
and 12th graders.
The outreach and
information campaign
should target its
efforts in high
schools, welfare
offices,
unemployment
offices, churches,
community centers,
and any other
location that will
most effectively
reach low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. The
community college
district awarded the
contract shall
consult with the
Chancellor of the
California Community
Colleges and the
Student Aid
Commission prior to
performing any
activities to ensure
appropriate
coordination with
any other state
efforts in this area
and ensure
compliance with this
provision.
(2) Of the amount
appropriated in
Schedule (5), not
more than
$34,200,000 shall be
for direct contact
with potential and
current financial
aid applicants. Each
CCC campus shall
receive a minimum
allocation of
$50,000. The
remainder of the
funding shall be
allocated to
campuses based upon
a formula reflecting
full-time equivalent
students (FTES)
weighted by a
measure of low-
income populations
as demonstrated by
BOG fee waiver
program
participation within
a district. It is
the intent of the
Legislature, to the
extent that funds
are provided in this
item, that all
campuses provide
additional staff
resources to
increase both
financial aid
participation and
student access to
low-income and
disadvantaged
students who must
overcome barriers in
accessing
postsecondary
education. Funds may
be used for
screening current
students for
possible financial
aid eligibility and
offering personal
assistance to these
students in
accessing financial
aid, providing
individual help in
multiple languages
for families and
students in filling
out the necessary
paperwork to apply
for financial aid,
and increasing
financial aid staff
to process
additional financial
aid forms.
(3) Funds allocated to a
community college
district for
financial aid
personnel, outreach
determination of
financial need, and
delivery of student
financial aid
services shall
supplement, and
shall not supplant,
the level of funds
allocated for the
administration of
student financial
aid programs during
the 2001-02 fiscal
year.
(4) It is the intent of
the Legislature that
the Office of the
Chancellor of the
California Community
Colleges provide the
Legislature with a
report not later
than April 1, 2009,
on the use of the
funds allocated
pursuant to
paragraphs (1) and
(2) of this
subdivision (d),
including the
distribution of the
funds, specific uses
of the funds,
strategies employed
to reach low-income
and disadvantaged
students potentially
eligible for
financial aid, and
the extent to which
districts were
successful in
increasing the
number of students
accessing financial
aid, particularly
the maximum Pell
Grant award.
(5) It is the intent of
the Legislature that
the chancellor
report by September
1, 2008, in the
manner and using the
factors set forth in
paragraph (5) of
subdivision (b) of
Provision 11 of Item
6870-101-0001 of
Section 2.00 of the
Budget Act of 2004
(Ch. 208, Stats.
2004), on the impact
of outreach efforts
on student headcount
and FTES enrollment
for the 2005-06 and
2006-07 academic
years.
13. Of the funds appropriated in
Schedule (19) for Extended
Opportunity Programs and
Services, $106,786,000 is for
Extended Opportunity Programs
and Services (EOPS) in
accordance with Article 8
(commencing with Section 69640)
of Chapter 2 of Part 42 of
Division 5 of Title 3 of the
Education Code. Funds provided
in this item for EOPS shall be
available to students on all
campuses within the California
Community College system,
including those students on new
campuses or in new districts. In
addition, $15,505,000 is for
funding, at all colleges,
the Cooperative Agencies
Resources for Education (CARE)
program in accordance with
Article 4 (commencing with
Section 79150) of Chapter 9 of
Part 48 of Division 7 of Title 3
of the Education Code. The Board
of Governors of the California
Community Colleges shall
allocate funds on a priority
basis to local programs on the
basis of need for student
services.
14. Of the funds appropriated in
Schedule (19) for the Extended
Opportunity Programs and
Services, $1,900,000 shall be
available to support additional
textbook assistance grants to
community college students as an
allowable expenditure consistent
with paragraph (10) of
subdivision (b) of Section 69648
of the Education Code.
15. The funds appropriated in
Schedule (20) for the Fund for
Student Success is for
additional targeted student
services, to be expended as
follows:
(a) $1,532,000 is for the
Puente Project to support
up to 75 colleges. These
funds are available if
matched by $200,000 of
private funds and the
participating community
colleges and University of
California campuses
maintain their 1995-96
fiscal year support level
for the Puente Project.
All funding shall be
allocated directly to
participating districts in
accordance with their
participation agreement.
(b) Up to $1,962,000 is for
the Mathematics,
Engineering and Science
Achievement (MESA)
Program. For each dollar
allocated, the recipient
district shall provide $1
in matching funds.
(c) No less than $1,418,000 is
for the Middle College
High School Program. With
the exception of fully
compliant special part-
time students at the
community colleges
pursuant to Sections 48802
and 76001 of the Education
Code, student workload
based on participation in
the Middle College High
School Program shall not
be eligible for community
college state
apportionment. Further, no
community college state
apportionment shall be
made available for
physical education
classes, noncredit
classes, nor other courses
specified in Provision 8.
16. (a) The funds appropriated in
Schedule (6) for the
Disabled Students Program
are for assisting
districts in funding the
excess direct
instructional cost of
providing special support
services or instruction,
or both, to disabled
students enrolled at
community colleges, and
for state hospital
programs, as mandated
by federal law.
(b) Of the amount appropriated
in Schedule (6), no less
than $3,945,000 shall be
used to address
deficiencies identified by
the federal Office of
Civil Rights (OCR), as
determined by the Office
of the Chancellor of the
California Community
Colleges.
(c) Of the amount appropriated
in Schedule (6), at least
$943,000 shall be used for
support of the High Tech
Centers for activities
including, but not limited
to, training of district
employees, staff, and
students in the use of
specialized computer
equipment for the
disabled. All High Tech
Centers shall meet
standards developed by
the Office of the
Chancellor. Colleges that
receive these
augmentations shall not
supplant existing
resources provided to the
centers.
(d) Notwithstanding any other
provision of law, of the
funds appropriated in
Schedule (6), $1,246,000
shall be for state
hospital adult education
programs at the hospitals
served by the Coast and
Kern Community College
Districts since the 1986-
87 fiscal year. If adult
education services at any
of the three hospitals are
not supported by the
community colleges in any
portion of the 2008-09
fiscal year, remaining
funds shall, upon order of
the Department of Finance,
after 30 days' notice to
the Chairperson of the
Joint Legislative Budget
Committee, be transferred
to the State Department of
Developmental Services
(DDS). For any transfer of
funds to DDS during the
2008-09 fiscal year,
the Proposition 98 base
funding levels for
community colleges and DDS
shall be adjusted
accordingly.
(e) Of the funds appropriated
in Schedule (6) for the
Disabled Student Services,
no less than $9,600,000
shall be allocated to
support high-cost sign
language interpreter
services and real-time
captioning equipment or
other communication
accommodations for hearing-
impaired students based on
a 4-to-1 state-to-local
district match.
17. The funds appropriated in
Schedule (7), Special Services
for CalWORKs Recipients, are for
the purpose of assisting welfare
recipient students and those in
transition off of welfare to
achieve long-term self-
sufficiency through coordinated
student services offered at
community colleges, including
workstudy, other educational
related work experience, job
placement services, child care
services, and coordination with
county welfare offices to
determine eligibility and
availability of services. All
services funded in Schedule (7)
shall be for current CalWORKs
recipients or prior CalWORKs
recipients who are in transition
off of cash assistance for no
more than two years. Current
cash-assistance recipients may
utilize these services until
their initial educational
objectives are met. Former
recipients in transition off of
cash assistance may utilize
these services for a period of
up to two years after leaving
cash assistance subject to the
conditions of this provision.
These funds shall be used to
supplement and not supplant
existing funds and services
provided for CalWORKs recipients
attending community colleges.
The Chancellor of the California
Community Colleges shall develop
an equitable method for
allocating funds to all
districts and colleges based on
the relative numbers of CalWORKs
recipients in attendance and
shall allocate funds for the
following purposes:
(a) Job placement.
(b) Coordination with county
welfare offices and other
local agencies, including
local workforce investment
boards.
(c) Curriculum development and
redesign.
(d) Child care and workstudy.
(e) Instruction.
(f) Postemployment skills
training and related
skills.
(g) Campus-based case
management, limited to on-
campus assistance and
services not provided by
county case workers that
do not supplant other
counseling and academic
support services funded
through existing
California Community
Colleges categorical
programs.
Of the amount appropriated in
Schedule (7), $15,000,000 is for
child care and does not require
a district match. For the
remaining funds, districts
shall, as a condition of receipt
of these funds, provide a $1
match for every $1 provided by
the state.
Funds utilized for subsidized
child care shall be for children
of CalWORKs recipients through
campus-based centers or parental
choice vouchers at rates and
with rules consistent with those
applied to related programs
operated by the State Department
of Education in the 2008-09
fiscal year, including
eligibility, reimbursement
rates, and parental contribution
schedules. Subsidized campus
child care for CalWORKs
recipients may be provided
during the period they are
engaged in qualifying state and
federal work activities through
attainment of their initial
education and training plan and
for up to three months
thereafter or until the end of
the academic year, whichever
period of time is greater.
Funds utilized for workstudy
shall be used solely for
payments to employers that
currently participate in campus-
based workstudy programs or are
providing work experiences that
are directly related to and in
furtherance of student
educational programs and work
participation requirements,
provided that those payments may
not exceed 75 percent of the
wage for the workstudy
positions, and the employers
shall pay at least 25 percent of
the wage for the workstudy
positions. These funds may be
expended only if the total hours
of education, employment, and
workstudy for the student are
sufficient to meet both state
and federal minimum requirements
for qualifying work-related
activities.
Funds may be used to provide
credit or noncredit classes for
CalWORKs students if a district
has committed all of its funded
full-time equivalent students
(FTES) and is unable to offer
the additional instructional
services to meet the demand for
CalWORKs students. This
determination shall be based on
fall enrollment information.
Districts shall submit
applications to the Office of
the Chancellor by October 15 of
each year. If the chancellor
approves the use of funds for
direct instructional workload,
the Office of the Chancellor
shall submit a report to the
Department of Finance and the
Joint Legislative Budget
Committee by November 15, 2008,
that (a) identifies the
enrollment of new CalWORKs
students, (b) states whether and
why additional classes were
needed to accommodate the needs
of CalWORKs students, and (c)
sets forth an expenditure plan
for the balance of funds.
As a condition of receipt of
the funds appropriated in
Schedule (7), by the fourth week
following the end of the
semester or quarter term
commencing in January 2009, each
participating community college
shall submit to the Office of
the Chancellor a report, in the
format specified by the
chancellor in consultation with
the State Department of Social
Services, that includes, but is
not limited to, the funded
components, the number of hours
of child care provided, the
average monthly enrollment of
CalWORKs dependents served in
child care, the number of
workstudy hours provided, the
hourly salaries and type of
jobs, the number of students
being case managed, the short-
term programs available, the
student participation rates, and
other outcome data. It is
intended that, to the extent
practical, reporting from
colleges utilize data gathered
for federal reporting
requirements at the state and
local level. Further, it is
intended that the Office of the
Chancellor compile the
information for annual reports
to the Legislature, the
Governor, the Legislative
Analyst, the Department of
Finance, and the State
Department of Social Services by
November 15 of each year.
First priority for expenditures
of any funds appropriated in
Schedule (7) shall be in support
of current CalWORKs
recipients. However, if
caseloads are insufficient to
fully utilize all of the funding
in this schedule in a cost-
beneficial way, it is intended
that up to $5,000,000 of the
funds subject to local matching
requirements may be allocated
for providing postemployment
services to former CalWORKs
recipients who have been off of
cash assistance for no longer
than two years to assist them in
upgrading skills, job retention,
and advancement. Allowable
services include direct
instruction that cannot be
funded under available growth
funding, child care to support
attendance in these classes
consistent with this provision,
job development and placement
services, and career counseling
and assessment activities which
cannot be funded through other
programs. Child care services
may only be provided for periods
commensurate with a student's
need for postemployment training
within the two-year transitional
period.
Prior to allocation of funds
for postemployment services, the
chancellor shall first secure
the approval of the Department
of Finance for the allocations,
complete a cumulative report on
the outcomes, activities, and
cost-effectiveness of the
program no later than November
15, 2008, in compliance with the
Budget Acts of 1998 (Ch. 324,
Stats. 1998) and 1999 (Ch. 50,
Stats. 1999) and this act, and
shall provide the rationale and
justification for the proposed
allocation of postemployment
services to districts for
transitional students.
If a district is unable to
fully expend its share of child
care funds, it may request that
the Office of the Chancellor
approve a reallocation to other
CalWORKs purposes authorized by
this provision, subject to all
pertinent limitations and
district match required for
these purposes under this
provision.
Of the funds appropriated in
Schedule (7) for the Special
Services for CalWORKs Recipients
Program, no less than $8,000,000
is to provide direct workstudy
wage reimbursement for students
served under this program, and
$1,000,000 is available for
campus job development and
placement services.
18. Funds appropriated in Schedule
(7) for the Special Services for
CalWORKs Recipients Program have
been budgeted to meet the
state's Temporary Assistance for
Needy Families maintenance-of-
effort requirement pursuant to
the federal Personal
Responsibility and Work
Opportunity Reconciliation Act
of 1996 (P.L. 104-193) and may
not be expended in any way that
would cause their
disqualification as a federally
allowable maintenance-of-effort
expenditure.
19. (a) Funds provided in Schedule
(8) for the Foster Care
Education Program shall be
allocated to provide
foster and
relative/kinship care
education and training.
Districts shall ensure
that education and
training required by
Sections 1529.1 and 1529.2
of the Health and Safety
Code and Section 16003 of
the Welfare and
Institutions Code receive
priority. Districts may
use any remaining funds
for additional parenting
skills training.
(b) Funds provided in Schedule
(8) shall be used for
foster parent and
relative/kinship care
provider education
training services
consistent with the
following criteria:
(1) The Chancellor of
the California
Community Colleges
shall use these
funds exclusively
for foster parent
and relative/kinship
care provider
education and
training, as
specified by the
chancellor in
consultation with an
advisory committee
that includes foster
parents,
representatives of
statewide foster
parent
organizations,
parent and
relative/kinship
care providers, and
representatives from
the State Department
of Social Services.
(2) Acceptance of funds
under this program
shall constitute
agreement by the
district to comply
with such reporting
requirements,
guidelines, and
other conditions for
receipt of funding
as the chancellor
may establish.
(3) Each college plan
for foster and
relative/kinship
care education
programs shall
include the
provision of
training to
facilitate the
development of
foster family homes,
small family homes,
and relative/kinship
homes to care for no
more than six
children who have
special mental,
emotional,
developmental, or
physical needs.
(4) The State Department
of Social Services
shall facilitate the
participation of
county welfare
departments in the
foster and
relative/kinship
care education
program.
20. (a) Funds appropriated in
Schedule (9) for the
Matriculation Program are
for the purpose of student
matriculation pursuant to
Article 1 (commencing with
Section 78210) of Chapter
2 of Part 48 of Division 7
of Title 3 of the
Education Code.
(b) Of the amount appropriated
in Schedule (9),
$20,000,000 shall be
allocated to community
college districts on a one-
to-one matching funds
basis to provide
matriculation services,
including, but not limited
to, orientation,
assessment, and
counseling, for students
enrolled in designated
noncredit classes and
programs who may benefit
most, as determined by the
Chancellor of the
California Community
Colleges pursuant to
Sections 78216 to 78218,
inclusive, of the
Education Code.
21. The funds in Schedule (13) for
the Part-time Faculty
Compensation Program shall be
allocated solely to increase
compensation for part-time
faculty from the amounts
previously authorized. Funds
shall be distributed to
districts based on the total
actual full-time equivalent
students served in the previous
fiscal year and include a small
district factor as determined by
the Chancellor of the California
Community Colleges. These
funds are to be used to assist
districts in making part-time
faculty salaries more comparable
to full-time salaries for
similar work, as determined
through each district's local
collective bargaining process.
These funds shall not supplant
the amount of resources each
district used to compensate part-
time faculty or be used to
exceed parity of each part-time
faculty employed by each
district with regular full-time
faculty at the same district, as
certified by the chancellor. If
a district achieves parity, its
allocation may be used for any
other educational purpose.
22. (a) $19,303,000 of the
funds provided in Schedule
(15) for the
Telecommunications and
Technology Services
Program shall be for the
purpose of supporting
technical and application
innovations and for
coordination of activities
that serve to maximize the
utility of the technology
investments of the
community college system
towards improving learning
outcomes. Allocations
shall be made by the
Chancellor of the
California Community
Colleges, based on
criteria and guidelines as
developed by the
chancellor, on a
competitive basis through
the RFA/RFP application
process for the following
purposes:
(1) Provision of access
to statewide
multimedia hosting
and delivery
services for system
colleges and
districts.
(2) Provision of
systemwide Internet,
audio bridging, and
telephony.
(3) Technical assistance
and planning,
cooperative purchase
agreements, and
faculty and staff
development in a
manner consistent
with paragraph (3)
of subdivision (b)
of Provision 17 of
Item 6870-101-0001
of Section 2.00 of
the Budget Act of
1996 (Ch. 162,
Stats. 1996).
(4) Ongoing support for
the California
Virtual University
Distance Education
Program.
(5) Ongoing support for
programs designed to
use technology in
assisting
accreditation and
the alignment of
curricula across K-
20 segments in
California.
(6) Support for
technology pilots
and ongoing
technology programs
and applications
that serve to
maximize the utility
and economy of scale
of the technology
investments of the
community college
system towards
improving learning
outcomes.
In addition, a portion of
the funds provided in this
subdivision shall be
available for allocations
to districts. It is the
intent of the Legislature
that these funds be used
by colleges to maintain
the technology
capabilities specified in
subdivision (a) of
Provision 21 of Item 6870-
101-0001 of the Budget Act
of 2003 (Ch. 157, Stats.
2003). These funds shall
not supplant existing
funds used for those
purposes, and colleges
shall match maintenance
and ongoing costs with
other funds as provided by
Provision 21(a) of Item
6870-101-0001 of the
Budget Act of 2003 (Ch.
157, Stats. 2003).
(b) The Office of the
Chancellor of the
California Community
Colleges shall develop the
reporting criteria for all
programs funded by this
item and shall submit that
for review along with an
annual progress report on
program implementation to
the Legislative Analyst,
the Office of the
Secretary for Education,
and the Department of
Finance no later than
December 1 of each year.
Reporting shall include
summaries of allocations
and expenditures by
program and by district,
where applicable.
(c) Of the funds provided in
Schedule (15), $1,596,000
is for ongoing support and
expansion of the
California Partnership for
Achieving Student Success
(Cal-PASS) program. As a
condition of receipt of
these funds, the grantee
shall submit to the Office
of the Chancellor, by
October 15 of each year,
all of the following: (1)
a report that includes the
numbers and percentages of
institutions and school
districts that have signed
agreements and the number
and percentage that have
actively submitted data in
the current year, (2) the
results of an annual
program evaluation, as
prescribed by the
chancellor, that
sufficiently documents the
value and productivity of
the program, and (3) an
annual financial audit, as
prescribed by the
chancellor, that includes
an accounting of all
funding sources and all
uses of funds by funding
source. It is the intent
of the Legislature that
all reporting requirements
contained in this
subdivision shall be
completed using funds
provided to the grantee.
23. Of the funds provided in
Schedule (16) for the Economic
and Workforce Development
Program:
(a) $18,212,000 is allocated
for grants for regional
business resources
assistance and innovation
network centers. Each
grant awarded to a
district for Centers for
International Development
shall contain sufficient
funds, as determined by
the Chancellor of the
California Community
Colleges, for the
continued operation of
Mexican International
Trade Centers.
(b) $6,240,000 is
allocated for industry-
driven regional education
and training
collaboratives. These
grants shall be made on a
competitive basis and the
award amounts shall not be
restricted to any
predetermined limit, but
rather shall be funded on
their individual merits.
(c) $2,879,000 is allocated
for statewide network
leadership, organizational
development, coordination,
information and support
services, or other program
purposes.
(d) $3,613,000 is available
for Job Development
Incentive Training
programs focused on job
creation for public
assistance recipients. Any
annual savings from this
subdivision shall only be
available for expenditure
for one-time activities
listed under subdivision
(j) of Section 88531 of
the Education Code.
(e) $6,382,000 is allocated
for the establishment of a
Responsive Incumbent
Worker Training Fund,
which will serve to expand
the delivery of
performance improvement
training to employers and
incumbent workers in high-
growth industries. Funds
shall also be used to
develop programs that
integrate basic skills and
career technical education
curriculum in ways that
provide students with
seamless educational
coursework that
transitions students into
high-tech and high-demand
job sectors.
(f) The following provisions
apply to the expenditure
of funds within
subdivisions (a) and (b):
Funds allocated for
centers and regional
collaboratives shall seek
to maximize the use of
state funds for
subdivisions (g) to (j),
inclusive, of Section
88531 of the Education
Code. Funds allocated to
districts for purposes of
subdivisions (g) and (i)
of Section 88531 of the
Education Code for
performance-based training
and student internships
shall be matched by a
minimum of $1 of private
business and industry
funding for each $1 of
state funds. Funds
allocated for purposes of
subdivision (h) of Section
88531 of the Education
Code for credit and
noncredit instruction may
be transferred to Schedule
(1) or (3) to facilitate
distribution at the
chancellor's discretion.
Any funds that become
available from network
centers due to savings,
discontinuance, or
reduction of amounts shall
first be made available
for additional allocations
in subdivision (b) to
increase the level of
subsidized training
otherwise available.
(g) Funds allocated by the
Board of Governors of the
California Community
Colleges under this
provision may not be used
by community college
districts to supplant
existing courses or
contract education
offerings. The chancellor
shall ensure that funds
are spent only for
expanded services and
shall implement
accountability reporting
for districts receiving
these funds to ensure that
training, credit, and
noncredit programs remain
relevant to business
needs. Programs that do
not demonstrate continued
relevance and support by
business shall not be
eligible for continued
funding. The board of
governors shall consider
the level of involvement
and financial commitments
of business and industry
as primary factors in
making awards. The
chancellor shall
incorporate grant
requirements into the
guidelines for audits of
economic development
grants.
(h) Primary objectives of the
Economic and Workforce
Development Program are to
maximize instruction, to
prepare students for entry-
level jobs, to
increase skills of the
current workforce, and to
stimulate the growth of
businesses through
training so that more jobs
are created. As part of
the annual report on the
performance of the
Economic and Workforce
Development Program, the
chancellor shall provide
disaggregated data
detailing the funding
provided to each economic
development regional
center and each industry-
driven regional education
and training
collaborative, and to the
extent practicable, the
total number of hours of
contract education
services, performance
improvement training,
credit and noncredit
instruction, and job
placements created as a
result of each center and
collaborative.
24. (a) The funds appropriated in
Schedule (17) for the
Transfer Education and
Articulation Program are
available to support
transfer and
articulation projects and
common course numbering
projects.
(b) Funding provided to
community college
districts from Schedule
(17) is provided to
directly offset any
mandated costs claimed by
community college
districts pursuant to
Chapter 737 of the
Statutes of 2004.
26. Pursuant to Sections 69648.5,
78216, and 84850, and
subdivision (b) of Section
87108, of the Education Code,
the Board of Governors of the
California Community Colleges
may allocate funds appropriated
in Schedules (6), (9), (11), and
(19) by grant or contract, or
through the apportionment
process, to one or more
districts for the purpose of
providing program evaluation,
accountability, monitoring, or
program development services, as
appropriate under the applicable
statute.
27. Funds appropriated for the
Career Technical Education
Program are for the purpose of
aligning career-technical
education curriculum between K-
12 and community colleges in
targeted industry-driven
programs offered through the
Economic and Workforce
Development Program. Prior to
the allocation of any funds
for career technical education,
the Chancellor of the California
Community Colleges, in
conjunction with the State
Department of Education, shall
submit a proposed expenditure
plan for the funds contained in
this item, and the rationale
therefor, to the Department of
Finance by August 1, 2008, for
approval.
28. The funds appropriated in
Schedule (22) for the Campus
Childcare Tax Bailout shall be
allocated by the Chancellor of
the California Community
Colleges to community college
districts that levied child care
permissive override taxes in the
1977-78 fiscal year pursuant to
Sections 8329 and 8330 of the
Education Code in an amount
equal to the property tax
revenues, tax relief
subventions, and state aid
required to be made available by
the district to its child care
and development program for the
1979-80 fiscal year pursuant to
Section 30 of Chapter 1035 of
the Statutes of 1979, increased
by any cost-of-living increases
granted in subsequent fiscal
years. These funds shall be used
only for the purpose of
community college child care and
development programs.
29. With regard to the funds
appropriated in Schedule (23),
Nursing Program Support, all of
the following shall apply:
(a) $11,168,000 shall be used
to provide support for
nursing program enrollment
and equipment needs
consistent with paragraph
(2) of subdivision (a)
of Section 2 of Chapter
514 of the Statutes of
2001. Grant funding for
nursing enrollment shall
provide a marginal
increase in funding in
addition to the amount
provided for each full-
time equivalent student
for regular growth in
apportionments.
(b) $6,462,000 shall be used
to provide diagnostic and
support services, preentry
coursework, alternative
program delivery model
development, and other
services to reduce the
incidence of student
attrition in nursing
programs.
(d) The Board of Governors of
the California Community
Colleges shall develop a
request for applications
(RFA) to allocate the
additional $4,163,000 of
funds in subdivision (b)
to community college
districts. Criteria for
assessing each RFA shall
include all of the
following:
(1) The degree to which
the funds provided
would be used to
increase student
enrollment in
nursing programs
beyond the level of
full-time equivalent
students served in
the 2007-08 academic
year.
(2) The district's level
of attrition from
nursing programs and
the suitability of
planned expenditures
to address attrition
levels.
(3) The degree to which
funds provided would
be used to support
infrastructure or
equipment needs with
the intent of
building capacity
and increasing the
number of nursing
students served.
(4) For districts with
attrition rates of
15 percent or more,
new grant funding
shall focus on
attrition reduction.
For districts with
attrition rates
below 15 percent,
new grant funding
shall focus on
enrollment expansion.
(e) The board of governors
shall release the RFA no
sooner than 30 days after
submitting it to the
Legislature and the
Department of Finance for
review.
(f) On or before March 1 of
each year, the Chancellor
of the California
Community Colleges shall
provide the Legislature
and the Department of
Finance with a report on
the allocation of funding.
For each district
receiving funding under
this item, the report
shall include all of the
following: (1) the amount
of funding received, (2)
the number of nursing full-
time equivalent students
served in the 2006-07
academic year, and the
additional number of
nursing full-time
equivalent students served
with funding provided in
this item in each
subsequent year, (3) the
district's attrition and
completion rates in the
2006-07 academic year and
subsequent years, (4) any
equipment or
infrastructure-related
items acquired with the
funds appropriated in this
item, and (5) the number
of new and existing
faculty receiving annual
stipend awards.
SEC. 26. Item 6870-295-0001 of Section 2.00 of the Budget Act of
2008 is amended to read:
6870-295-0001--For local assistance, Board
of Governors of the California Community
Colleges (Proposition 98), for
reimbursement, in accordance with provisions
of Section 6 of Article XIII B of the
California Constitution or Section 17561 of
the Government Code, of the costs of any new
program or increased level of service of an
existing program mandated by statute or
executive order, for disbursement by the
Controller................................... 3,000
Schedule:
(1) 98.01.000.184-Health Fees
(Ch. 1, Stats. 1984, 2nd
Ex. Sess.) (CSM-4206)...... 1,000
(2) 98.01.090.896-Sex
Offenders: Disclosure
Requirements (Ch. 908,
Stats. 1996) (CSM-97-TC-
15)........................ 1,000
(3) 98.01.028.498-Law
Enforcement Jurisdiction
Agreements (Ch. 284,
Stats. 1998) (CSM-98-TC-
20)........................ 1,000
Provisions:
1. Allocation of funds appropriated in
this item to the appropriate local
entities shall be made by the
Controller in accordance with the
provisions of each statute or
executive order that mandates the
reimbursement of the costs, and
shall be audited to verify the
actual amount of the mandated costs
in accordance with subdivision (d)
of Section 17561 of the Government
Code. Audit adjustments to prior
year claims may be paid from this
item. Funds appropriated by this
item may be used to provide
reimbursement pursuant to Article 5
(commencing with Section 17615) of
Chapter 4 of Part 7 of Division 4 of
Title 2 of the Government Code.
2. If any of the scheduled amounts are
insufficient to provide full
reimbursement of costs, the
Controller may, upon notifying the
Director of Finance in writing,
augment those deficient amounts from
the unencumbered balance of any
other scheduled amounts therein. No
order may be issued pursuant to this
provision unless written
notification of the necessity
therefor is provided to the
chairpersons of the committees in
each house of the Legislature that
consider appropriations, and the
Chairperson of the Joint Legislative
Budget Committee or his or her
designee.
SEC. 27. Item 6870-485 is added to Section 2.00 of the Budget Act
of 2008, to read:
6870-485--Reappropriation, Board of Governors
of the California Community Colleges
(Proposition 98). The sum of $1,408,536 is
hereby reappropriated from the Proposition 98
Reversion Account, for the following purpose:
101-0001--Local Assistance
+
(1) $1,408,536 to the Board of Governors
of the California Community Colleges,
on a one-time basis, to backfill the
Puente Project in Schedule (20) of
Item 6870-101-0001.
SEC. 28. Section 12.40 of the Budget Act of 2008 is amended to
read:
Sec. 12.40. (a) Notwithstanding any other provision of law, not
more than 10 percent of the amount apportioned to any local
educational agency under the programs funded in this act that were
funded in Item 6110-230-0001 of Section 2.00 of Senate Bill 160 of
the 1999-2000 Regular Session, as introduced on January 8, 1999, may
be expended by that recipient for the purposes of any other program
for which the recipient is eligible for funding under those items,
except that the total amount of funding allocated to the recipient
under this item that is expended by the recipient for the purposes of
any of those programs shall not exceed 115 percent of the amount of
state funding allocated pursuant to the appropriations to that
recipient for those programs in this act for the fiscal year.
Notwithstanding any other provision of law, for the fiscal year,
local educational agencies may also use this authority to provide the
funds necessary to initiate a conflict resolution program pursuant
to Chapter 2.5 (commencing with Section 32260) of Part 19 of Division
1 of Title 1 of the Education Code, and to continue to support
following the three-to-five year state grant period.
(b) The education programs that are eligible for the flexibility
provided in subdivision (a) included the following items: Items
6110-122-0001, 6110-124-0001, 6110-150-0001, 6110-167-0001,
6110-181-0001, 6110-193-0001, 6110-209-0001, and 6110-224-0001 of
Section 2.00.
(c) Notwithstanding any other provision of law, not more than 10
percent of the amount apportioned to any local educational agency
from each of Items 6110-122-0001, 6110-124-0001, 6110-167-0001,
6110-181-0001, 6110-193-0001, 6110-209-0001, and 6110-224-0001 may be
expended by that recipient for programs in Items 6110-111-0001,
6110-119-0001, 6110-128-0001, and 6110-203-0001 so that the total
expended does not exceed 115 percent of the state funding for the
programs in Items 6110-111-0001, 6110-119-0001, 6110-128-0001, and
6110-203-0001 for the 2008-09 fiscal year.
(d) As a condition of receiving the funds provided for the
programs identified in subdivision (b), local educational agencies
shall report to the State Department of Education by October 15 of
each year, on any amounts shifted between these programs pursuant to
the flexibility provided in subdivision (a). The State Department of
Education shall collect and provide this information to the Joint
Legislative Budget Committee, chairpersons and vice chairpersons of
the fiscal committees of each house of the Legislature for education,
and the Department of Finance by February 1 of each year.
SEC. 29. (a) Notwithstanding any other law, one hundred fourteen
million two hundred nine thousand dollars ($114,209,000) is reduced
from the amount appropriated to the State Department of Education for
the High Priority Schools Grant Program for Low Performing Schools
in Schedule 1 of Item 6110-123-0001 of Section 2.00 of the Budget Act
of 2008 (Chs. 268 and 269, Stats. 2008).
(b) Notwithstanding any other law, fifty-six million seven hundred
twenty-eight thousand dollars ($56,728,000) is reduced from the
amount appropriated to the State Department of Education for the
Mathematics Reading and Professional Development Program in Item
6110-137-0001 of Section 2.00 of the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
(c) Notwithstanding any other law, four million nine hundred
thousand dollars ($4,900,000) is reduced from the amount appropriated
to the State Department of Education for the Administrator Training
Program in Item 6110-144-0001 of Section 2.00 of the Budget Act of
2008 (Chs. 268 and 269, Stats. 2008).
(d) Notwithstanding any other law, forty-five million dollars
($45,000,000) is reduced from the amount appropriated to the State
Department of Education for the Adult Education Program in Item
6110-156-0001 of Section 2.00 of the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
(e) Notwithstanding any other law, seventeen million six hundred
eleven thousand dollars ($17,611,000) is reduced from the amount
appropriated to the State Department of Education for Educational
Technology Programs in Item 6110-181-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(f) Notwithstanding any other law, one million eight hundred
thousand dollars ($1,800,000) is reduced from the amount appropriated
to the State Department of Education for the K-12 High Speed Network
in Item 6110-182-0001 of Section 2.00 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008).
(g) Notwithstanding any other law, two hundred seventy-seven
million three hundred eighty-two thousand dollars ($277,382,000) is
reduced from the amount appropriated to the State Department of
Education for the Deferred Maintenance Program in Item 6110-188-0001
of Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(h) Notwithstanding any other law, four hundred seventeen million
five hundred ninety-one thousand dollars ($417,591,000) is reduced
from the amount appropriated to the State Department of Education for
the Instructional Materials Block Grant in Item 6110-189-0001 of
Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(i) Notwithstanding any other law, twenty-nine million nine
hundred forty-four thousand dollars ($29,944,000) is reduced from the
amount appropriated to the State Department of Education for the
Peer Assistance and Review Program in Schedule (2) of Item
6110-193-0001 of Section 2.00 of the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
(j) Notwithstanding any other law, six million dollars
($6,000,000) is reduced from the amount appropriated to the State
Department of Education for the National Board Certification Program
in Item 6110-195-0001 of Section 2.00 of the Budget Act of 2008 (Chs.
268 and 269, Stats. 2008).
(k) Notwithstanding any other law, twenty-three million dollars
($23,000,000) is reduced from the amount appropriated to the State
Department of Education for the Charter School Categorical Block
Grant in Item 6110-211-0001 of Section 2.00 of the Budget Act of 2008
(Chs. 268 and 269, Stats. 2008).
(l) Notwithstanding any other law, ninety-nine million thirty
thousand dollars ($99,030,000) is reduced from the amount
appropriated to the State Department of Education for the School
Safety Block Grant in Item 6110-228-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(m) Notwithstanding any other law, sixty-one million eight hundred
fifty-four thousand dollars ($61,854,000) is reduced from the amount
appropriated to the State Department of Education for the Pupil
Retention Block Grant in Item 6110-243-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(n) Notwithstanding any other law, two hundred seventy-three
million two hundred eighty-nine thousand dollars ($273,289,000) is
reduced from the amount appropriated to the State Department of
Education for the Professional Development Block Grant in Item
6110-245-0001 of Section 2.00 of the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
(o) Notwithstanding any other law, one hundred sixty-eight million
eighty-six thousand six hundred twenty-eight dollars ($168,086,628)
is reduced from the amount appropriated to the State Department of
Education for the School Library and Improvement Block Grant in Item
6110-247-0001 of Section 2.00 of the Budget Act of 2008 (Chs. 268 and
269, Stats. 2008).
(p) Notwithstanding any other law, seventeen million nine hundred
fifty-six thousand dollars ($17,956,000) is reduced from the amount
appropriated to the State Department of Education for the School
Safety Competitive Grant in Item 6110-248-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(q) Notwithstanding any other law, forty one million eight hundred
twelve thousand dollars ($41,812,000) is reduced from the amount
appropriated to the State Department of Education for the Physical
Education Teacher Incentive Grant Program in Item 6110-260-0001 of
Section 2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats.
2008).
(r) Notwithstanding any other law, one hundred nine million seven
hundred fifty-seven thousand dollars ($109,757,000) is reduced from
the amount appropriated to the State Department of Education for the
Arts and Music Block Grant in Item 6110-265-0001 of Section 2.00 of
the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(s) Notwithstanding any other law, eleven million seven hundred
seven thousand dollars ($11,707,000) is reduced from the amount
appropriated to the State Department of Education for the
Certificated Staff Mentoring Program in Item 6110-267-0001 of Section
2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(t) Notwithstanding any other law, four million four hundred
thousand dollars ($4,400,000) is reduced from the amount appropriated
to the State Department of Education for the Child Oral Health
Assessments Program in Item 6110-268-0001 of Section 2.00 of the
Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
(u) Notwithstanding any other law, one million four hundred eight
thousand five hundred thirty-six dollars ($1,408,536) is reduced from
the amount appropriated to the California Community Colleges for the
Puente Project in Schedule (20) of Item 6870-101-0001 of Section
2.00 of the Budget Act of 2008 (Chs. 268 and 269, Stats. 2008).
SEC. 30. (a) For the 2008-09 fiscal year only, in order to provide
local budgeting flexibility as a result of budget reductions for
categorical programs made by the Legislature for the 2008-09 fiscal
year in Section 28 of this act, the governing board of a school
district or county office of education may use up to 100 percent of
the balances, as of June 30, 2008, of restricted accounts in its
general fund or cafeteria fund, excluding restricted reserves
committed for capital outlay, bond funds, sinking funds, and federal
funds, and excluding balances in the following programs:
(1) Economic Impact Aid (Article 2 (commencing with Section 54020)
of Chapter 1 of Part 29 of Division 4 of Title 2 of the Education
Code).
(2) Targeted Instructional Improvement Grant (former Chapter 2.5
(commencing with Section 54200) of Part 29 of Division 4 of Title 2
of the Education Code).
(3) Instructional materials.
(4) Special education.
(5) Quality Education Investment Act of 2006 (Article 3.7
(commencing with Section 52055.700) of Chapter 6.1 of Part 28 of
Division 4 of Title 2 of the Education Code).
(6) California High School Exit Exam Intensive Intervention
Program.
(7) Home-to-school transportation.
(b) For purposes of this section, balances of restricted accounts
do not include the amounts deferred from the 2006-07 fiscal year to
the 2007-08 fiscal year or the amounts deferred from the 2007-08
fiscal year to the 2008-09 fiscal year.
(c) A governing board shall not use the ending balance in any
restricted account if that use would violate a federal maintenance of
effort requirement.
(d) This section does not obligate the state to refund or repay
funds used pursuant to this section. If a school district uses an
ending balance in a restricted account that consists, in whole or in
part, of funds reimbursed to the district as a subvention of funds
for a state-mandated local program, the school district shall not
submit a claim to the state for a subsequent reimbursement of the
funds that were reimbursed pursuant to Section 6 of Article XIII B of
the California Constitution and used pursuant to the authority
granted to a school district pursuant to this section.
(e) The use of balances of restricted accounts permitted by this
section shall be limited to the 2008-09 fiscal year. Those funds
shall not be used for any subsequent fiscal year. The total amount of
the balances of restricted accounts used pursuant to this section by
a school district or county office of education shall not exceed the
total amount of the categorical program reductions for the school
district or county office of education made in Section 28 of this
act.
(f) A governing board that elects to use balances in restricted
accounts pursuant to this section shall report to the Superintendent,
in a manner determined by the Superintendent, regarding the programs
and amounts of restricted balances used pursuant to subdivision (a).
The Superintendent shall report statewide information and
information for each school district and county office of education
to the Joint Legislative Budget Committee by October 31, 2009.
SEC. 31. (a) Notwithstanding any other provision of law, in order
to effectuate the General Fund savings associated with the reductions
in appropriations made by this act, the Superintendent of Public
Instruction shall reduce the principal apportionment for school
districts and county offices of education for the 2008-09 fiscal
year, as necessary, if both of the following occur during the 2008-09
fiscal year:
(1) The Controller has disbursed funds from the appropriations
reduced by this act in amounts greater than the amounts remaining in
those appropriations following the reductions.
(2) The Superintendent determines there is no other way to recover
the funds that have been disbursed.
(b) This section shall be broadly construed to effectuate its
purpose.
SEC. 32. This act shall become operative only if either Assembly
Bill 2 or Senate Bill 2 and either Assembly Bill 9 or Senate Bill 9
of the 2009-10 First Extraordinary Session of the Legislature are
enacted and become effective on or before January 1, 2009.
SEC. 33. This act addresses the fiscal emergency declared by the
Governor by proclamation on December 1, 2008, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.