BILL NUMBER: SB 331	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Romero

                        FEBRUARY 25, 2009

   An act  to amend Sections 54440, 54441.5, 54442, 54443.1,
54444.1, and 54444.2 of, and to add Sections 54442.1, 54442.2, and
54444.15 to, the Education Code,   relating to migrant
education.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 331, as amended, Romero. Migrant education. 
   Existing 
    (1)    Existing  law requires the
State Board of Education to adopt a state master plan for services to
migrant children, as defined, that includes the provision of
specified services and activities.  Existing law authorizes
school districts and other education agencies to apply for funding to
serve migrant pupils.  
   This bill would state the intent of the Legislature to enact
legislation to promote achievement in migrant education and
accountability for migrant education funding.  
   This bill would require the plan to be developed and revised as
necessary by the Superintendent of Public Instruction and the
statewide parent advisory council, and would require the plan to
include an evaluation and monitoring component, and collection of
data for migrant pupils, as specified.  
   (2) The bill would require the Superintendent to develop a
monitoring instrument and monitoring procedure that provides for
onsite monitoring of entities receiving funds for the provision of
services to migrant children.  
   (3) The bill would require the Superintendent to develop a process
to ensure that all migrant youth enrolled in juvenile court schools
and other alternative education placements are properly identified
and receive all the services to which they are entitled.  
   (4) Existing law requires a migrant education program to include
specified components.  
   This bill would also require the program to include collection of
specified individual and aggregate data for migrant pupils. 

   (5) Existing law requires the Superintendent to review and approve
plans for the establishment of service regions and to incorporate
specified criteria in the approval of regional plans.  
   This bill would require the Superintendent to include evaluations
that include annual pupil progress and overall program effectiveness
and quality control reports among that criteria.  
   (6) The bill would require entities that receive funds for the
provision of services to migrant children to include an evaluation of
the overall program effectiveness for the prior year as part of its
refunding application, as specified.  
   (7) Existing law requires the Superintendent and each operating
agency, as defined, to furnish specified documents, including copies
of state and federal audits, monitoring reports, and evaluations, to
specified entities.  
   This bill would require those documents to be provided in a
language understandable to parents, and to provide each regional and
state migrant education plan to be provided to parents in that
language prior to its consideration for final approval. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 54440 of the  
Education Code   is amended to read: 
   54440.  The Legislature finds and declares that:
   (a) A significant number of children under the age of 18 of
migratory agricultural workers and migratory fishermen reside in
California for at least a part of each year. These children, from
among the least affluent segments of American  Society
  society  , tend to move frequently, attend school
irregularly, and suffer health  defects  
problems  and language  handicaps which significantly
inhibit their progress in school   barriers  . This
results in many becoming early school dropouts, poorly prepared
 for personal growth and fulfillment or economic success or
  to enter the workforce or for academic success and
 upward social mobility.
   (b) The problems of children of migratory agricultural parents and
of migratory fisherman parents are of such magnitude and severity
that local school districts have been unable to solve them with the
resources normally available. It is, therefore, necessary for the
state to aid local school districts through regional coordinating
offices, and the provision of special programs of educational and
related services for these children.
   SEC. 2.   Section 54441.5 of the   Education
Code   is amended to read: 
   54441.5.  With the concurrence of  his parents 
 the child's parent  , a child who has been identified as a
"migrant child" may be deemed  to continue to be such
 a  migrant  child for a period, not in excess of
five years, during which  he   the child 
resides in an area where programs are provided for migrant children.
Priority shall be given  , however,  to programs and
activities for migrant children, and in no case shall migrant
programs be provided solely for children who have ceased to migrate.
   SEC. 3.    Section 54442 of the   Education
Code   is amended to read: 
   54442.  The  State Board of Education   state
board  shall adopt a state master plan for services to migrant
children.  The plan shall be developed and revised as necessary
by the Superintendent and the statewide parent advisory council
established pursuant to Section 54444.2.  The plan shall include
 provisions for  all of  the following:
   (a) Instructional activities on a regular and extended year basis
shall be designed to identify, diagnose, and provide treatment for
academic deficiencies of migrant children. Special emphasis shall be
given to oral and written communications, reading  ,  and
mathematics. Small group or individual instruction and tutorial
services shall be provided to assist migrant children to attain
normal progress rates in all subject areas. All instructional
services shall be provided as supplements to regular programs of
instruction provided by the public schools for all children.
   (b) Health and welfare services shall be designed to identify,
diagnose, and provide treatment for conditions of a physical 
nature  , including dental, emotional, or environmental,
 nature which   that  interfere with the
learning processes of migrant children. Insofar as possible, existing
community resources will be utilized to provide these services.
   (c) Preservice and in-service education of professional and
nonprofessional personnel shall be planned to prepare school
administrators, teachers, aides  ,  and other personnel to
meet the special needs of migrant children.
   (d) Supportive services including transportation, family liaison,
and other services necessary to the success of the programs.
   (e) Child development activities including, but not limited to,
social, sensorimotor, conceptual and language development, and
perceptual discrimination activities for migrant infants and 
pre-kindergarten-aged   prekindergarten  children
too young to participate in instructional services normally provided
by the public schools.
   (f) The active involvement of parents, teachers, and community
representatives in the local implementation of migrant education
programs. 
   (g) An evaluation and monitoring component that provides for
oversight and evaluation of the operating agencies, school districts,
and schools on an annual basis, by the department.  
   (h) Collection of individual and aggregate data for migrant pupils
regarding identification, preschool participation, enrollment in
kindergarten and grades 1 to 12, inclusive, achievement, completion
of courses that fulfill the A-G subject area requirements,
suspension, expulsion, transfer, dropout, failure to enroll or
reenroll, graduation, retention, enrollment, designation and
redesignation of English learners, postsecondary enrollment, and
enrollment in alternative education programs.  
   (i) Individual and aggregate enrollment data shall also include
separate data concerning the number of migrant pupils enrolled in
alternative education programs including, but not limited to,
juvenile court schools, county community schools, community day
schools, continuation high schools, and independent studies. 
   SEC. 4.    Section 54442.1 is added to the  
Education Code   , to read:  
   54442.1.  The Superintendent shall develop a monitoring instrument
and monitoring procedure that provides for onsite monitoring of each
local educational agency, county office of education, and region
receiving funds for the provision of services to migrant children at
least every three years, and that addresses each component identified
in Section 54444.15 and all federal requirements set forth under
Section 6391 of Title 20 of the United States Code and its
corresponding regulatory provisions. 
   SEC. 5.    Section 54442.2 is added to the  
Education Code   , to read:  
   54442.2.  The Superintendent shall develop a process to ensure
that all migrant youth enrolled in juvenile court schools and other
alternative education placements under the state department are
properly identified and receive all the services to which they are
entitled. The department shall work with regions, local educational
agencies, and county offices of education to develop policies and
procedures to ensure that at the time of transfer and enrollment in
these schools, migrant youth who are not already identified are
properly assessed to determine if they are eligible for migrant
services and programs. 
   SEC. 6.    Section 54443.1 of the  
Education Code   is amended to read: 
   54443.1.  Migrant education programs shall include all of the
following:
   (a) An individual assessment of the educational and relevant
health needs of each participating pupil within 30 days of
enrollment. This assessment shall include assessments concurrently
provided pursuant to compensatory education, 
bilingual-bicultural   bilingual-crosscultural 
education, school improvement programs, and other programs serving
the pupil.
   (b) A general needs assessment developed in compliance with
federal requirements summarizing the needs of the population to be
served.
   (c) A comprehensive program to meet the educational, health, and
related needs of participating pupils which is supplemental to the
program the operating agency is otherwise required to provide. The
program shall include, but need not be limited to, the following:
   (1) Academic instruction.
   (2) Remedial and compensatory instruction.
   (3) Bilingual and  multicultural  
crosscultural  instruction.
   (4) Vocational instruction.
   (5) Counseling and career education services.
   (6) Preschool services in accordance with Section 54443.
   (7) Other educational services that are not available in
sufficient quantity or quality to eligible migratory children.
   (8) The acquisition of instructional materials and equipment
necessary to adequately provide the appropriate services.
   (9) Other related services to meet the special needs of eligible
migratory children which are necessary to enable these children to
effectively participate in instructional services.
   (10) The coordination and teaming of existing resources serving
migrant pupils, such as bilingual-crosscultural education, health
screening, and compensatory education.
   (d) A brief individual learning plan listing the services to be
provided to each pupil shall be provided in writing or at a parent
conference to the parent or guardian of each participating pupil,
annually and each time the pupil moves to a new district.
   (e) Staffing and staff development plans and practices to meet the
needs of pupils and implement the program.
   (f) Parent and community involvement as specified in Section
54444.2.
   (g) Evaluations which shall include annual pupil progress and
overall program effectiveness and quality control reports  in
accordance with Section 54444.15  . 
   (h) Collection of individual and aggregate data for migrant pupils
regarding identification, preschool participation, enrollment in
kindergarten and grades 1 to 12, inclusive, achievement, completion
of courses that fulfill the A-G subject area requirements,
suspension, expulsion, transfer, drop out, failure to enroll or
reenroll, graduation, retention, enrollment, designation and
redesignation of English learners, postsecondary enrollment, and
enrollment in alternative education programs. 
   School districts and other education agencies shall be eligible to
apply for funding to serve migrant pupils upon application to their
respective region, or, if they meet the criteria established in
subdivision (b) of Section 54444.1, to the department. Operating
agencies shall include in their application a description of how the
entities will coordinate the planning, budgeting, and operation of
the migrant education programs with the planning, budgeting, and
operation of other federal and state education programs addressing
the needs of the same or similar pupils of the operating agency. The
description shall include time lines and cover services provided
through school improvement, nonmigrant Title I, state compensatory
and limited- and non-English proficient, Title VII, and other funds.
If the application meets state and federal requirements, negotiations
for an appropriate service agreement shall begin involving the
parties listed in subdivision (a) or (b) of Section 54444.1.
   SEC. 7.    Section 54444.1 of the  
Education Code   is amended to read: 
   54444.1.  (a) In implementing the state master plan for services
to migrant children, the Superintendent  of Public
Instruction  shall establish the service regional system as
the primary method for the delivery of services to migrant children.
The  superintendent   Superintendent  shall
review and approve plans for the establishment of service regions
and shall incorporate the following criteria in the approval of
regional plans:
   (1) The boundaries of regions shall include all geographic areas
with migrant and seasonal agricultural workers and fishermen.
   (2) Regional service centers shall be located in areas with high
concentrations of migrant and seasonal agricultural workers and
fishermen. Regional headquarters shall be located in areas: (i)
requiring large numbers of these workers for a period of at least two
consecutive months during each year, (ii) in areas which normally
contract for migrant and seasonal agricultural workers with families
rather than single adults, and (iii) in areas where migrant and
seasonal agricultural workers are involved in the transition from
hand labor to mechanization.
   (3) Regions shall be located in each geographic area of the state,
except areas within the boundaries of directly funded districts.
   (4) Except areas within the boundaries of directly funded
districts, regions shall be contiguous to one another and should have
no less than 1,500 and no more than 8,000 currently migratory
children based upon full-time equivalent enrollment. In no event
shall a county be split among two separate regions in order to meet
the requirements of this paragraph.
   (5) Regions shall be organized so as to provide quality services
to all affected parties and maintain fiscal procedures in conformity
with requirements adopted by the department.
   (6) The boundaries of regions shall be drawn in such a manner as
to avoid excessive commuting by personnel or by participants in the
programs, not to exceed 100 miles from the schoolsite to the
operating agency.
   (7) If a proposed region cannot meet the criteria established in
 paragraphs   paragraph  (4)  and
  or  (6)  of subdivision (a), or both
 , it may request that the criteria be waived by the 
state  board. The waiver request shall be based upon a study,
conducted by the entities, including their respective parent advisory
councils, comprising the proposed region,  which 
 that  explains why the waiver is required and 
which   that  describes likely outcomes if the
waiver is not granted. 
   (8) This subdivision shall become operative on July 1, 1982.
 
   (8) Evaluations that include annual pupil progress and overall
program effectiveness and quality control reports in accordance with
Section 54444.15. 
   (b)  Agencies   An agency  meeting the
criteria set forth in this subdivision and subdivision (f) of Section
54441 may apply to the department for designation as a region. The
application shall be in a format with sufficient information and at
times designated by the Superintendent  of Public Instruction
 . The application shall include documentation of active
participation, review and comment by the appropriate parent advisory
councils, and signatures by parent advisory council chairpersons that
the review and comment has taken place, and shall further include
documentation that the agencies and parent representative comprising
the proposed  regions   region  have met as
a group prior to submission of the application and have agreed upon
the formation of, and participation in, the region and a general
delineation of the services which will be provided in the region.
   Directly funded districts shall be invited by the regions to
participate in regional activities and meetings. Staff and parent
advisory council members in the districts shall also be invited to
regional inservice activities and conferences. 
   This subdivision shall become operative July 1, 1982. 
   (c) The  State Department of Education  
state department  may  fund  directly  fund
 local educational agencies, in whole or in part, to provide
services to eligible migrant children if it is cost effective to do
so; if the applicant agency serves not less than 1,500, nor more than
8,000, currently migratory children; has sufficient programmatic and
fiscal resources to deliver an effective migrant education program;
is in compliance with the federal and state requirements regarding
migrant education programs; maintains an ongoing and functional
parent advisory council which has voted on a biennial basis to
approve the participation in the directly funded program, including
the approval of a majority of the members who are the parents of
migrant children; and maintains fiscal procedures in conformity with
the requirements adopted by the department. All districts which are
directly funded on January 1, 1982, may continue to be funded
directly, provided that the districts comply with the criteria
prescribed by this subdivision, except for the size criterion.
   (d) The responsibilities of the various parties involved in the
delivery of services to migrant children shall be set forth in a
service agreement. A service agreement shall be a legally binding
contract signed by the duly constituted authorities at the state,
county, district, or private or public nonprofit agencies, or a
combination thereof. In the regional delivery system, there shall be
two parties to every service agreement; the region and the district
or other operating agencies in which the eligible migrant pupils are
enrolled. When a district or agency is funded directly by the state,
the parties to the service agreement shall include the department and
the district or operating agency in which the eligible migrant
pupils are enrolled. The basic responsibilities of these three
parties shall be as specified in Section 54444.4.
   The parties, whether regional or directly funded, shall take the
necessary steps to ensure the effective involvement of the 
Migrant Parent Advisory Committee   mig   rant
parent advisory committee  for that district or agency.
Representatives of the  Migrant Parent Advisory Committee
  migrant parent advisory committee  shall have the
right to be present and participate in all deliberations between the
parties regarding the service agreement or any subsequent changes
thereto. The service agreement shall include a signed statement from
the officers of the  Migrant Parent Advisory Committee
  migrant parent advisory committee  signifying
that  such   the  participation has
occurred. 
   This subdivision shall become operative July 1, 1982. 
   (e) The Superintendent  of Public Instruction 
shall develop an annual operating calendar for regions and directly
funded districts  ,  including dates for the submission and
approval of applications and service agreements. Any changes in
regional boundaries for the subsequent fiscal year shall be made and
approved by December 31 of the current year. Any changes in funding
allocations for regions shall be made by December 31 of the current
year or immediately after notification of a federal grant award.

   This subdivision shall become operative July 1, 1982. 
   (f) The Superintendent  of Public Instruction 
shall preserve the supplemental nature of the migrant education
program. The program shall be maintained outside the supervision or
above the administrative level of the consolidated application
programs. The  superintendent   Superintendent
 shall not incorporate the migrant education program into the
consolidated application process, except as provided below:
   (1) Commencing with the 1983-84 school year, directly funded
districts may apply for migrant education funds as part of their
consolidated application provided the district parent advisory
council on migrant education approves the inclusion.
   (2) Commencing with school year 1982-83 and pending the
recommendations of the department study and task force report, a copy
of the district's annual application for migrant education funds as
required by Section 54443.1 shall be attached to the district's
annual consolidated application.
   SEC. 8.    Section 54444.15 is added to the 
 Education Code   , to read:  
   54444.15.  A local educational agency, county office of education,
and region receiving funds for the provision of services to migrant
children, as a part of its refunding application, shall include an
evaluation of the overall program effectiveness for the prior year
that includes all of the following:
   (a) Deficiencies in academic achievement of migrant children as
compared to nonmigrant children.
   (b) Identification of, and provision of services to, migrant
children in the geographic area served by the district, agency, or
region, including out-of-school migrant youth and children and youth
enrolled in alternative and court-supervised school placements.
   (c) Enrollment in preschool and kindergarten.
   (d) Access to and enrollment in and completion of courses that
fulfill the A-G subject area requirements.
   (e) Dropout prevention and intervention.
   (f) Retention.
   (g) Vocational education opportunities.
   (h) Graduation, including completion of the high school exit
examination.
   (i) Postsecondary enrollment.
   (j) Health services.
   (k) Intercession programs.
   (l) Other supplemental services.
   (m) Staff experience and quality.
   (n) Data collection and evaluation.
   (o) Records transfer.
   (p) Parental involvement, including establishment of and
participation in the parent advisory committee, conduct of regular
meetings, participation in the development and approval of the local
migrant education plan, participation in statewide parent advisory
committee activities, and parent training. 
   SEC. 9.    Section 54444.2 of the  
Education Code   is amended to read: 
   54444.2.  (a) The Superintendent of Public Instruction shall take
the steps necessary to  assure   ensure 
effective parental involvement throughout the state migrant education
program, which shall include, but need not be limited to, the
following:
   (1) The  superintendent   Superintendent
 shall adopt rules and regulations requiring each operating
agency receiving migrant education funds or services to actively
solicit parental involvement in the planning, operation, and
evaluation of its programs through the establishment of, and
consultation with, a parent advisory council.
   The membership of each parent advisory council shall be comprised
of members who are knowledgeable of the needs of migrant children and
shall be elected by the parents of migrant children enrolled in the
operating agency's programs. The composition of the council shall be
determined by the parents at a general meeting to which all parents
of pupils enrolled in the migrant program shall be invited. Parents
shall be informed, in a language they understand, that the parents
have the sole authority to decide on the composition of the council.
All parent candidates for the council shall be nominated by parents;
nonparent candidates shall be nominated by the groups they represent
 (i.e.,   :    teachers by
teachers, administrators by administrators, other school personnel by
other school personnel, and pupils by  pupils) 
 pupils  . All other community candidates shall be nominated
by the parents. Each parent advisory council shall hold meetings on
a regular basis during the operation of the regular program, but not
less than six times during the year.
   At least two-thirds of the members of each parent advisory council
shall be the parents of migrant children. Each parent advisory
council shall have the responsibilities listed in subdivision (a) of
Section 54444.4.
   (2) The  superintendent   Superintendent
 shall establish a statewide parent advisory council which shall
participate in the planning, operation, and evaluation of the state
migrant education program. The membership of the statewide parent
advisory council shall be comprised of members who are knowledgeable
of the needs of migrant children and shall be nominated and elected
by the parents of migrant children enrolled in the operating
agencies. At least two-thirds of the members of the  State
Parent Advisory Council   state parent advisory council
 shall be the parents of migrant children. The state council
shall meet a minimum of six times a calendar year to provide input on
issues relating to the operation of the program. Special meetings
may be called at the discretion of the state director.
   The  superintendent   Superintendent 
shall also sponsor an annual  State Parent Advisory Council
Conference   state parent advisory council conference
 . The conference shall be scheduled during the spring of every
year. Within 120 days from the conclusion of the conference, the
state parent advisory council shall prepare and submit a report to
the Legislature, State Board of Education, the 
superintendent   Superintendent  , and the Governor
regarding the status of the migrant education program.
   (3) The  superintendent   Superintendent
 and each operating agency shall furnish, without charge, to the
statewide and operating agency parent advisory councils and, upon
request, to each member, a copy of all applicable state and federal
migrant education statutes, rules and regulations, and guidelines. In
addition, the  superintendent   Superintendent
 and each operating agency shall furnish, without charge, to the
statewide and operating agency parent advisory councils and, upon
request, to each member, copies of all applicable state and federal
audits, monitoring reports, and evaluations.  Upon request and
when practicable, these documents shall be provided in a language
  understandable to parents, and each regional and state
migrant education plan shall be provided to parents in that language
prior to its consideration for final approval. 
   (4) The  superintendent   Superintendent
 and each operating agency shall establish and implement
training programs for members of the statewide and operating agency
parent advisory councils to enable them to carry out their
responsibilities. Each training program shall be developed in
consultation with the parent advisory councils and shall include
appropriate training materials in a language understandable to each
member. Costs incurred in providing training under this paragraph,
including federally authorized expenses associated with the
attendance of members at training sessions, shall be funded, to the
extent that funds are available, by federal funds allocated to the
state, based upon the educational and related health needs of
migratory children defined in subdivisions (a) and (b) of Section
54441, and may be supported by funds from the state migrant education
program.
   (b) Each operating agency which provides services on a statewide
basis shall be exempt from the requirement that it create its own
parent advisory council, but shall consult the statewide parent
advisory council in the planning, operation, and evaluation of its
programs. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation to promote achievement in migrant education and
accountability for migrant education funding.