BILL NUMBER: AB 451 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member De Leon
FEBRUARY 24, 2009
An act to repeal and add Article 6 (commencing with
Section 41540) of Chapter 3.2 of Part 24 of Division 3 of Title 2 of
the Education Code, relating to education finance. An
act to amend Sections 52055.57 and 52059 of, and to add Section
52055.575 to, the Education Code, relating to public school
accountabilit y.
LEGISLATIVE COUNSEL'S DIGEST
AB 451, as amended, De Leon. Education finance: The Opportunity to
Learn Block Grant.
(1) 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 within 2 years as program
improvement local educational agencies under the federal No Child
Left Behind Act of 2001, and to notify those local educational
agencies, in writing, of this status and provide those local
educational agencies with research-based criteria to conduct a
voluntary self-assessment. The Public Schools Accountability Act
requires a local educational agency identified as a program
improvement local educational agency under the federal No Child Left
Behind Act of 2001 to perform specified tasks, including conducting a
self-assessment and implementing a local educational agency plan.
The Public Schools Accountability Act authorizes a local educational
agency identified for corrective action and subject to a sanction to
apply for a one-year, nonrenewable grant of federal improvement
funding to assist in its improvement process. The Public Schools
Accountability Act specifies the grant amount for each eligible local
educational agency based on the severity of the agency's performance
problems.
This bill would delete those requirements and increase the
specified amounts for the one-year, nonrenewable grant. The bill
would require the Superintendent of Public Instruction and the State
Board of Education to consider whether the local educational agency
received funding pursuant to (2) below when determining whether the
local educational agency shall contract with a district assistance
and intervention team or other technical assistance provider. For the
2009-10 fiscal year only, the bill would require that a local
educational agency that received a sanction prior to January 1, 2009,
and received a one-year, nonrenewable grant be provided with an
additional one-time, nonrenewable grant of federal improvement
funding, as specified.
(2) This bill would authorize a local educational agency that has
schools under its jurisdiction in year 4 or 5 of program improvement
under the federal No Child Left Behind Act to apply for a one-year,
nonrenewable grant of federal improvement funding in the amount of
$150,000 to assist in improving those schools and would authorize the
agency to expend the grant funding over the time period allowable
under federal law. As a condition of receiving funding, the bill
would require a local educational agency to comply with specified
requirements, including providing schools in year four or five of
program improvement with funding to implement technical assistance,
establishing a district school liaison team, ensuring that all pupils
enrolled in a school in year four or five of program improvement
continue to have the option to transfer to another public school
served by the local educational agency, and ensuring that all pupils
enrolled in a school in year four or five of program improvement
continue to have supplemental educational services available to them.
In allocating those funds, the bill would require the department to
give first priority to schools in year 5 of program improvement under
federal law. These provisions would become operative only if an
appropriation is made for other purposes in the annual Budget Act or
another statute.
(3) This bill also would make conforming changes.
Existing law establishes the public school system in this state,
and, among other things, provides for the establishment of school
districts throughout the state and for the provision of instruction
at the public elementary and secondary schools that these districts
operate and maintain. Existing law establishes a public school
funding system that includes, among other elements, various block
grants, pursuant to which funds are allocated to local educational
agencies for specific purposes. The Targeted Instructional
Improvement Block Grant is among the block grants established under
existing law.
This bill would repeal the provisions that establish the Targeted
Instructional Improvement Block Grant. This bill would create the
Opportunity to Learn Block Grant, under the administration of the
Superintendent of Public Instruction, to provide English language
learners, disadvantaged pupils, and certain adults with instructional
programs, as specified. The bill would prescribe the purposes for
which the Opportunity to Learn Block Grant could be used.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52055.57 of the
Education Code is amended to read:
52055.57. (a) (1)
Provisions that are applicable to local educational agencies under
this section are for the purpose of implementing federal requirements
under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301 et seq.). The satisfaction of these criteria by local
educational agencies that choose to participate under this article
shall be a condition of receiving funds pursuant to this section.
(2) The department shall identify local educational agencies that
are in danger of being identified within two years as program
improvement local educational agencies under the federal No Child
Left Behind Act of 2001, and shall notify those local educational
agencies, in writing, of this status and provide those local
educational agencies with research-based criteria to conduct a
voluntary self-assessment.
(3) The self-assessment shall identify deficiencies within the
operations of the local educational agency, and the programs and
services of the local educational agency.
(4) A local educational agency identified pursuant to paragraph
(2) is encouraged to revise its local educational agency plan based
on the results of the self-assessment.
(5) The program described in this subdivision shall be referred to
as the "Early Warning Program."
(b) (1) A local educational agency identified as a program
improvement local educational agency under the federal No Child Left
Behind Act of 2001 shall do all of the following:
(A) Conduct a self-assessment using materials and criteria based
on current research and provided by the department.
(B) No later than 90 days after a local educational agency is
identified for program improvement, contract with a county office of
education or another external entity after working with the county
superintendent of schools, for both of the following purposes:
(i) Verifying the fundamental teaching and learning needs in the
schools of that local educational agency as determined by the local
educational agency self-analysis, and identifying the specific
academic problems of low-achieving pupils, including a determination
of why the prior plan of the local educational agency failed to bring
about increased pupil academic achievement.
(ii) Ensuring that the local educational agency receives intensive
support and expertise to implement local educational agency reform
initiatives in the revised local educational agency plan as required
by the federal No Child Left Behind Act of 2001.
(C) Revise and expeditiously implement the local educational
agency plan to reflect the findings of the verified self-assessment.
(D) After working with the county superintendent of schools or an
external verifier, contract with an external provider to provide
support and implement recommendations to assist the local educational
agency in resolving shortcomings identified in the verified
self-assessment.
(2) (A) Subject to the availability of funds in the annual Budget
Act for this purpose, a local educational agency described in
paragraph (1) annually may receive fifty thousand dollars ($50,000),
plus ten thousand dollars ($10,000) for each school that is supported
by federal funds pursuant to Title I of the federal No Child Left
Behind Act of 2001 within the local educational agency, for the
purpose of fulfilling the requirements of this subdivision. If
funding is not provided in the annual Budget Act or other statute,
local educational agencies shall not be subject to the requirements
of subparagraphs (B) and (D) of paragraph (1).
(B) Subject to the availability of funds appropriated in the
annual Budget Act for this purpose, a local educational agency
identified as a program improvement local educational agency during
the 2005-06 fiscal year, shall receive priority for funding based
upon the performance of the socioeconomically disadvantaged subgroup
of the local educational agency on the Academic Performance Index.
Priority for funding shall be provided to the lowest performing local
educational agencies that are identified as program improvement
local educational agencies. It is the intent of the Legislature that
funds apportioned pursuant to this paragraph be used to support
activities identified in paragraph (1).
(C) It is the intent of the Legislature that a local educational
agency identified as a program improvement local educational agency
receive no more than two years of funding pursuant to this paragraph.
(c)
(b) A local educational agency that has been identified
for corrective action under the federal No Child Left Behind Act of
2001 shall be subject to one or more of the following sanctions as
recommended by the Superintendent and approved by the state board:
(1) Replacing local educational agency personnel who are relevant
to the failure to make adequate yearly progress.
(2) Removing schools from the jurisdiction of the local
educational agency and establishing alternative arrangements for the
governance and supervision of those schools.
(3) Appointing, by the state board, a receiver or trustee, to
administer the affairs of the local educational agency in place of
the county superintendent of schools and the governing board.
(4) Abolishing or restructuring the local educational agency.
(5) Authorizing pupils to transfer from a school operated by the
local educational agency to a higher performing school operated by
another local educational agency, and providing those pupils with
transportation to those schools, in conjunction with carrying out not
less than one additional action described under this paragraph.
(6) Instituting and fully implementing a new curriculum that is
based on state academic content and achievement standards, including
providing appropriate professional development based on
scientifically based research for all relevant staff, that offers
substantial promise of improving educational achievement for
high-priority pupils.
(7) Deferring programmatic funds or reducing administrative funds.
(d)
(c) (1) The department shall develop, and the state
board shall approve at a public meeting, objective criteria by which
a local educational agency identified for corrective action and
subject to a sanction listed under subdivision (c)
(b) shall be evaluated to determine the pervasiveness and
severity of its performance problems and the sanction to be imposed.
(2) A local educational agency identified for corrective action
and subject to a sanction listed under subdivision (c)
(b) may apply for a one-year, nonrenewable grant
of federal improvement funding to assist in its improvement process
and , including improving the academic
achievement of schools under its jurisdiction identified for program
improvement pursuant to federal law. A local educational agency
may expend that grant funding over the time period allowable under
federal law. It is the intent of the Legislature to integrate federal
funding that is available for this purpose, including, but not
limited to, funding for program improvement and school improvement
grants pursuant to Section 6303 of Title 20 of the United States
Code.
(3) The amount of a grant for a local educational agency with
extensive and severe performance problems shall be one
two hundred fifty thousand
dollars ($150,000) ($200,000) per
school identified for program improvement pursuant to federal law.
The amount of a grant for a local educational agency with moderate
performance problems shall be one one
hundred fifty thousand dollars ($100,000)
($150,000) per school identified for program
improvement pursuant to federal law. The amount of a grant for a
local educational agency with minor or isolated performance problems
shall be fifty one hundred thousand
dollars ($50,000) ($100,000) per school
identified for program improvement pursuant to federal law.
(4) (A) A local educational agency that
receives funding under this subdivision shall use the funds in
accordance with Section 6316(b) and (c) of Title 20 of the United
States Code. Pursuant to the technical assistance requirements under
the federal No Child Left Behind Act of 2001 outlined in Section 6312
(b) and (c) and Section 6317 of Title 20 of the United States Code,
the Superintendent may recommend, and the state board may approve,
that a local educational agency contract with a district assistance
and intervention team or other technical assistance provider to
receive guidance, support, and technical assistance in improv
ing the academic achievement of schools under its
jurisdiction, with a focus on schools identified for program
improvement pursuant to federal law . A district intervention
and assistance team or other technical provider with which a local
educational agency is required to contract shall perform the duties
specified in subdivision (e) of Section 52059.
(B) The Superintendent and the state board shall consider whether
the local educational agency received funding pursuant to Section
52055.575 when determining whether the local educational agency shall
contract with a district assistance and intervention team or other
technical assistance provider pursuant to this paragraph.
(5) Notwithstanding any other law, a local educational agency that
receives funding under this subdivision or that receives other
federal funds for school improvement shall not use those funds to
compensate a receiver or trustee assigned by the state board pursuant
to paragraph (3) of subdivision (c) (b)
.
(e)
(d) A local educational agency that has received a
sanction under subdivision (c) (b)
and has not exited program improvement under the federal No
Child Left Behind Act of 2001 shall appear before the state board
within three years to review the progress of the local educational
agency. Upon hearing testimony and reviewing written data from the
local educational agency, the district assistance and intervention
team, or county superintendent of schools, the Superintendent shall
recommend, and the state board may approve, an alternative sanction
under subdivision (c) (b) , or may take
any appropriate action.
(f) Subject to the availability of funds in the annual Budget Act
for this purpose, a local educational agency that is not identified
as a program improvement local educational agency under the federal
No Child Left Behind Act of 2001 may annually receive up to fifteen
thousand dollars ($15,000) per school identified as a program
improvement school for the purposes of supporting schools identified
as program improvement schools in the local educational agency and
determining barriers to improved pupil academic achievement. That
local educational agency shall receive no less than forty thousand
dollars ($40,000) and no more than one million five hundred thousand
dollars ($1,500,000) for those purposes. The Superintendent shall
compile a list that ranks each local educational agency based on the
number of, and percentage of, schools identified as program
improvement schools and shall provide this funding to local
educational agencies equally from each list until all funds
appropriated for this purpose are depleted. These funds shall be
provided for no more than three years.
(e) For the 2009-10 fiscal year only, a local educational agency
that received a sanction pursuant to subdivision (b) prior to January
1, 2009, and received funding pursuant to paragraph (2) of
subdivision (c) shall be provided with an additional one-time,
nonrenewable grant of federal improvement funding to assist in its
improvement process and may expend that grant funding over the time
period allowable under federal law. The Superintendent shall
recommend, and the state board shall approve, a grant amount equal to
the difference between the amount the local educational agency
received for the sanction that the state board approved prior to
January 1, 2009, and the grant amounts specified in paragraph (2) of
subdivision (c).
(g)
(f) For purposes of this article, "local educational
agency" means a school district, county office of education, or
charter school that elects to receive its funding directly pursuant
to Section 47651, and that provides public educational services to
pupils in kindergarten or any of grades 1 to 12, inclusive.
SEC. 2. Section 52055.575 is added to the
Education Code , to read:
52055.575. (a) A local educational agency that has schools under
its jurisdiction in year four or five of program improvement under
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) may apply for a one-year, nonrenewable grant of federal
improvement funding to assist in improving those schools and may
expend the grant funding over the time period allowable under federal
law. In utilizing funds provided to schools in this paragraph, a
local educational agency may contract with an outside entity on
behalf of schools in year four or five of program improvement,
including, but not limited to, a schoolsite assistance and
intervention team as defined in subparagraph (b) of Section 52055.51
to assist with the assessment of the schoolsite plan.
(b) As a condition of receiving funding, a local educational
agency shall do all of the following:
(1) Provide schools in year four or five of program improvement
under the federal No Child Left Behind Act of 2001 with funding to
implement technical assistance pursuant to the federal No Child Left
Behind Act of 2001 outlined in Section 6312(b) and (c) and Section
6317 of Title 20 of the United States Code to improve academic
achievement, with focus on significant subgroups. This funding shall
be used to assess the current schoolsite plan for academic
achievement to identify any deficiencies that exist within the
operations of the schoolsite, and the programs and services of the
schoolsite, including the use of existing funds at the schoolsite. As
part of this process, schoolsites shall include the district liaison
team established pursuant to paragraph (2) and school staff,
including, but not limited to, teachers and administrators.
(A) The assessment of the schoolsite plan shall use materials and
criteria based on current research and existing tools recommended by
the department.
(B) The assessment of the schoolsite plan shall include
recommendations on addressing deficiencies in academic achievement,
with focus on significant subgroups. The assessment shall include a
detailed description of how existing state and federal schoolsite and
school district resources will be used to implement improvements in
academic achievement with a focus on significant subgroups. For year
five program improvement schools, the assessment shall include
specific recommendations to implement restructuring requirements
pursuant to Section 6316(b)(8) of Title 20 of the United States Code.
(C) No later than 60 days after the local educational agency
receives funding pursuant to subdivision (c), schools in program
improvement year four or five shall complete the assessment of the
schoolsite plan and submit it to the department.
(D) No later than 90 days after the local education agency
receives funding pursuant to subdivision (c), the governing board of
the local education agency shall approve the assessment and its
recommendations at a regularly scheduled public meeting.
(2) Establish a district school liaison team to coordinate with
schools in year four or five of program improvement under the federal
No Child Left Behind Act of 2001 to improve academic achievement at
each school, with focus on significant subgroups. The district
liaison team shall work with schoolsite staff, including, but not
limited, to teachers and administrators, to reexamine its schoolsite
plan for academic achievement pursuant to paragraph (1). The district
liaison team shall ensure the assessment conducted by a school in
year four or five of program improvement is consistent with the local
educational agency plan required under Section 6312 of Title 20 of
the United States Code.
(3) Ensure that all pupils enrolled in a school in year four or
five of program improvement under the federal No Child Left Behind
Act of 2001 continue to have the option to transfer to another public
school served by the local educational agency pursuant to Section
6316(b)(1)(E) of Title 20 of the United States Code.
(4) Ensure that all pupils enrolled in a school in year four or
five of program improvement under the federal No Child Left Behind
Act of 2001 continue to have supplemental educational services
available to them pursuant to Section 6316(e)(1) of Title 20 of the
United States Code.
(c) Subject to the availability of funds in the annual Budget Act
for this purpose, the amount of a grant for a local educational
agency with schools in year four or five program improvement shall be
one hundred fifty thousand dollars ($150,000) per school identified
in year four or five schools in program improvement pursuant to
federal law. In allocating these funds, the department shall give
first priority to schools in year five of program improvement under
federal law.
(d) A local educational agency may provide funds allocated
pursuant to subdivision (c) to schools in year four or five of
program improvement to implement the recommendations of the
assessment pursuant to paragraph (1) of subdivision (b). A local
educational agency that receives funding under this subdivision shall
use the funds in accordance with Section 6303 of Title 20 of the
United States Code.
(e) Schools that receive funds pursuant to subdivision (d) may
provide the following:
(1) Assistance to schoolsite staff in analyzing pupil assessment
data to improve academic achievement, with focus on significant
subgroups.
(2) Professional development that is based on scientifically based
research, the state-adopted academic content standards, and
addresses the instructional needs of pupils, with focus on English
language learners and pupils with special needs.
(f) For purposes of this article, "local educational agency" means
a school district, county office of education, or charter school
that elects to receive its funding directly pursuant to Section
47651, and that provides public educational services to pupils in
kindergarten or any of grades 1 to 12, inclusive.
(g) This section shall become operative only if an appropriation
is made for its purposes in the annual Budget Act or another statute.
SEC. 3. Section 52059 of the Education
Code is amended to read:
52059. (a) For purposes of complying with the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), a statewide
system of school support shall be established by the department to
provide a statewide system of intensive and sustained support and
technical assistance for school districts, county offices of
education, and schools in need of improvement. The system shall
consist of regional consortia as well as district assistance and
intervention teams and other technical assistance providers.
(b) The regional consortia shall work collaboratively with, and
provide technical assistance to, school districts and schools in need
of improvement by doing the following:
(1) Reviewing and analyzing all facets of the operation of a local
educational agency or school, including the following:
(A) The design and operation of the instructional program offered
by the local educational agency or school.
(B) The recruitment, hiring, and retention of principals,
teachers, and other staff, including vacancy issues. The regional
consortia may request the assistance of the Fiscal Crisis and
Management Assistance Team to review school district or school
recruitment, hiring, and retention practices.
(C) The roles and responsibilities of district and school
management personnel.
(2) Assisting the local educational agency or school in developing
recommendations for improving pupil performance and school
operations.
(3) Assisting the local educational agency or school in efforts to
eliminate misassignments of certificated personnel.
(c) For purposes of performing the functions specified in
subdivision (b), funds for the regional consortia shall be
distributed based on the number of Title I schools, the pupil
enrollment in those schools, and the number of school districts in
each region that have been identified as being in need of improvement
pursuant to Section 6316 of Title 20 of the United States Code.
(d) The regional consortia shall ensure that support is provided
in the following order of priority:
(1) To school districts or county offices of education with
schools that are subject to corrective action under Section 6316(b)
(7) of Title 20 of the United States Code.
(2) To school districts or county offices of education with
schools that are identified as being in need of improvement pursuant
to Section 6316(b) of Title 20 of the United States Code.
(3) To provide support and assistance to school districts and
county offices of education with schools participating under the
federal No Child Left Behind Act of 2001 that need support and
assistance to achieve the purposes of that act.
(4) To provide support and assistance to other school districts
and county offices of education with schools participating in a
program carried out under this chapter.
(e) In accordance with paragraph (4) of subdivision (d) of Section
52055.57, the Superintendent may recommend, and the state board may
approve, that a local educational agency that has been identified for
corrective action under the federal No Child Left Behind Act of 2001
contract with a district assistance and intervention team or other
technical assistance provider to receive technical assistance,
including, but not limited to, a needs assessment of the local
educational agency in order to improve the academic achievement
of schools under its jurisdiction identified for program improvement
pursuant to federal law .
(1) The Superintendent shall develop, and the state board shall
approve, standards and criteria to be applied by a district
assistance and intervention team or other technical assistance
provider in carrying out its duties. The standards and criteria that
a district assistance and intervention team or other technical
assistance provider shall use in assessing a local educational agency
shall address, at a minimum, all of the following areas:
(A) Governance.
(B) Alignment of curriculum, instruction, and assessments to state
standards.
(C) Fiscal operations.
(D) Parent and community involvement.
(E) Human resources.
(F) Data systems and achievement monitoring.
(G) Professional development.
(2) Not later than 120 days after the assignment of a district
assistance and intervention team or other technical assistance
provider, or the next regularly scheduled meeting of the state board
following the expiration of the 120 days, the team shall complete a
report based on the findings from the needs assessment performed
pursuant to paragraph (1). The report shall include, at a minimum,
recommendations for improving the areas specified in paragraph (1)
that are found to need improvement. The report also shall address the
manner in which existing resources should be redirected to ensure
that the recommendations can be implemented.
(3) Not later than 30 days after completion of the report
specified in paragraph (2), the governing board of the local
educational agency may submit an appeal to the Superintendent to be
exempted from implementing one or more of the recommendations made in
the report. The Superintendent, with approval of the state board,
may exempt the local educational agency from complying with one or
more of the recommendations made in the report.
(4) Not later than 60 days after completion of the report, the
governing board of the local educational agency shall adopt the
report recommendations described in paragraph (2), as modified by any
exemptions granted by the Superintendent under paragraph (3), at a
regularly scheduled meeting of the governing board.
(f) A local educational agency that is required to contract with a
district assistance and intervention team or other technical
assistance provider pursuant to this section shall reserve funding
provided under subdivision (d) of Section 52055.57 to cover the
entire cost of the team or other technical assistance provider before
using that funding for other reform activities.
(g) Upon an evidence-based finding that a district assistance and
intervention team or other technical assistance provider has not
fulfilled its legal obligations pursuant to this section, the
Superintendent, with the
approval of the state board, may remove the district assistance and
intervention team or other technical assistance provider from the
state list of eligible providers.
(h) The provisions of this section are declarative of technical
assistance requirements under the federal No Child Left Behind Act of
2001 outlined in Section 6316(b) and (c) and Section 6317(a) of
Title 20 of the United States Code.
(i) For purposes of this article, all references to schools shall
include charter schools.
SECTION 1. Article 6 (commencing with Section
41540) of Chapter 3.2 of Part 24 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 2. Article 6 (commencing with Section
41540) is added to Chapter 3.2 of Part 24 of Division 3 of Title 2 of
the Education Code, to read:
Article 6. The Opportunity to Learn Block Grant
41540. (a) There is hereby established the Opportunity to Learn
Block Grant under the administration of the Superintendent. It is the
intent of the Legislature that school districts use these block
grant funds to provide English language learner pupils and
economically disadvantaged pupils in kindergarten and grades 1 to 12,
inclusive, and adults, where applicable, with high-quality
instructional programs and services in order to increase pupil
achievement, including achieving proficiency in the English language.
(b) If a school district is not in violation of a court order
regarding desegregation, the school district may expend funds
received pursuant to the article for any purpose authorized in this
article.
(c) For purposes of this article:
(1) "Economically disadvantaged pupil" is defined pursuant to
subdivision (a) of Section 54026.
(2) "English language learner pupil" means a pupil described in
subdivision (a) of Section 306 or identified as a pupil of limited
English proficiency, as that term is defined in subdivision (m) of
Section 52163.
(3) "School district" includes a county office of education if
county offices of education are eligible to receive funds for the
programs that are listed in Section 41541. The block grant of a
county office of education shall be based on only those programs for
which it was eligible to receive funds in the 2008-09 fiscal year.
41541. The Opportunity to Learn Block Grant shall be used for any
of the following purposes:
(a) To establish and support programs that provide direct pupil
services to English language learner pupils and economically
disadvantaged pupils in kindergarten and grades 1 to 12, inclusive,
in order to improve the academic achievement of these pupils,
including achieving proficiency in English.
(b) To provide professional development to teachers of English
language learner pupils and economically disadvantaged pupils that is
based on the state academic content standards pursuant to Section
60605 and the English language development standards pursuant to
Section 60811.
(c) Establish and support programs that provide direct
instructional support in order for English language learner pupils
and economically disadvantaged pupils to meet high school graduation
requirements pursuant to Section 51225.3 and to meet the California
High School Exit examination graduation requirement pursuant to
Section 60851.
(d) Provide free or subsidized programs of adult English language
instruction to parents or other members of the community who pledge
to provide personal English language tutoring to improve the English
language proficiency of California children with limited English
proficiency.
41542. (a) The Opportunity to Learn Block Grant shall include
funding appropriated to school districts prior to January 1, 2010,
for the following programs:
(1) Targeted Instructional Improvement Block Grant, as set forth
in former Article 6 (commencing with Section 41540) as it read on
December 31, 2009.
(2) English Language Acquisition Program, as set forth in Chapter
4 (commencing with Section 400) of Part 1 of Division 1 of Title 1.
(3) Community-based English Tutoring, as set forth in Article 4
(commencing with Section 315) of Chapter 3 of Part 1 Division 1 of
Title 1.
(4) Bilingual Teacher Training Assistance Program, as set forth in
Article 4 (commencing with Section 52180) of Chapter 7 of Part 28 of
Division 4.
(5) Professional development to address the needs of teachers of
English learners pursuant to Chapter 524 of the Statutes of 2006 as
allocated in Provision (3) of Item 6110-137-0001 of Section 2.00 of
the annual Budget Act.
(6) Economic impact aid, as set forth in Article 2 (commencing
with Section 54020) of Chapter 1 of Part 29 of Division 4.
(b) A school district may expend funds received pursuant to this
block grant for any purpose authorized by the programs listed in
subdivision (a), as the statutes governing those programs read on
December 31, 2009.
(c) For the 2010-11 fiscal year, the Superintendent shall
apportion block grant funds to a school districts in the same
relative statewide proportion that the school district received in
the 2008-09 fiscal year for the purposes specified in Section 41541.
(d) (1) Commencing with the 2010-11 fiscal year, the
Superintendent shall apportion block grant funds to a school district
for purposes specified in subdivision (a) pursuant to Section 54022.
(2) School districts that provide instructional services to adults
pursuant to paragraph (3) of subdivision (a) shall use no more than
___ percent of their total allocation for this purpose.
41543. The amount of funding a school district or charter school
receives pursuant to this article shall be adjusted annually for
inflation by the amount calculated pursuant to Section 42238.1 and
growth as measured by the regular average daily attendance used to
calculate the second principal apportionment for kindergarten and
grades 1 to 12, inclusive, unless otherwise provided in the annual
Budget Act.
41544. In expending funds received pursuant to this article, a
school district shall give first priority to funding the costs of a
court-ordered desegregation program if the order exists and is still
in force.