BILL NUMBER: SB 1298 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE APRIL 21, 2010
AMENDED IN SENATE APRIL 7, 2010
INTRODUCED BY Senator Hancock
FEBRUARY 19, 2010
An act to amend Section 42605 of the Education Code, relating to
categorical education programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 1298, as amended, Hancock. Regional occupational centers and
programs.
Existing law establishes various categorical education programs,
including regional occupational centers and programs, and
appropriates the funding for those programs in the annual Budget Act.
Existing law requires the Superintendent of Public Instruction, for
the 2008-09 to 2012-13 fiscal years, inclusive, to apportion from the
amount provided in the annual Budget Act for specified categorical
education programs an amount based on the same relative proportion
that the local educational agency received in the 2008-09 fiscal year
for those programs and authorizes school districts, for those fiscal
years, to use these funds, with specified exceptions, for any
educational purpose, to the extent permitted by federal law. Existing
law, for those fiscal years, deems local educational agencies that
use these categorical education program funds for any educational
purpose to be in compliance with the program and funding requirements
of those categorical education programs.
This bill, for the 2011-12 fiscal year, would restrict the
authority of a school district to withdraw from a regional
occupational center or program if the county board of education
or the State Board of Education determines that doing so would
negatively impact the career technical education services received by
high school pupils of other school districts or charter schools in
the region. The bill would require a recipient of funds allocated for
career technical education services to expend those funds in
accordance with the regional plan for occupational course sequences,
in order to meet documented labor market demand, and focus on the
needs of high school pupils. The bill would make legislative findings
and declarations regarding career technical education programs
organized and implemented as occupational course sequences.
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. The Legislature finds and declares that career
technical education programs organized and implemented as
occupational course sequences that result in career-ready industry
certification are essential components of the state's secondary and
community college school system, and are vital to the state's
economic development. The Legislature further finds and declares
that, to be effective, these course sequences must be organized
regionally, with courses integrated across local educational agencies
and community colleges, with the active involvement of business,
labor, and workforce development agencies.
SEC. 2. Section 42605 of the Education Code is amended to read:
42605. (a) (1) Unless otherwise prohibited under federal law or
otherwise specified in subdivision (e), for the 2008-09 fiscal year
to the 2012-13 fiscal year, inclusive, recipients of funds from the
items listed in paragraph (2) may use funding received, pursuant to
subdivision (b), from any of these items listed in paragraph (2) that
are contained in Section 2.00 of an annual Budget Act, for any
educational purpose:
(2) 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-122-0001,
6110-123-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001,
6110-267-0001, 6110-268-0001, and 6360-101-0001.
(b) (1) For the 2009-10 fiscal year to the 2012-13 fiscal year,
inclusive, the Superintendent or other administering state agency, as
appropriate, shall apportion from the amounts provided in the annual
Budget Act for the items enumerated in paragraph (2) of subdivision
(a), an amount to recipients based on the same relative proportion
that the recipient received in the 2008-09 fiscal year for the
programs funded through the items enumerated in paragraph (2) of
subdivision (a).
(2) This section and Section 42 of Chapter 12 of the Statutes of
2009 do not authorize a school district that receives funding on
behalf of a charter school pursuant to Sections 47634.1 and 47651 to
redirect this funding for another purpose unless otherwise authorized
in law or pursuant to an agreement between a charter school and its
chartering authority. Notwithstanding paragraph (1), for the 2008-09
fiscal year to the 2012-13 fiscal year, inclusive, a school district
that receives funding on behalf of a charter school pursuant to
Sections 47634.1 and 47651 shall continue to distribute the funds to
those charter schools based on the relative proportion that the
school district distributed in the 2007-08 fiscal year, and shall
adjust those amounts to reflect changes in charter school attendance
in the district. The amounts allocated shall be adjusted for any
greater or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a). For a charter school that began
operation in the 2008-09 fiscal year, if a school district received
funding on behalf of that charter school pursuant to Sections 47634.1
and 47651, the school district shall continue to distribute the
funds to that charter school based on the relative proportion that
the school district distributed in the 2008-09 fiscal year and shall
adjust the amount of those funds to reflect changes in charter school
attendance in the district. The amounts allocated shall be adjusted
for any greater or lesser amount appropriated for the items
enumerated in paragraph (2) of subdivision (a).
(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts appropriated by Item 6110-211-0001 of
Section 2.00 of the annual Budget Act, an amount to a charter school
in accordance with the per pupil methodology prescribed in
subdivision (c) of Section 47634.1.
(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year to
the 2012-13 fiscal year, inclusive, the Superintendent shall
apportion from the amounts provided in the annual Budget Act, an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
educational agency received in the 2007-08 fiscal year for the
programs funded through the following items contained in Section 2.00
of the annual Budget Act: 6110-104-0001, 6110-105-0001,
6110-156-0001, 6110-190-0001, schedule (3) of 6110-193-0001,
6110-198-0001, 6110-232-0001, and schedule (2) of 6110-240-0001.
(5) For purposes of paragraph (4) of this subdivision, if a
direct-funded charter school began operation in the 2008-09 fiscal
year, the amount that the charter school was entitled to receive from
the items enumerated in paragraph (4) for the 2008-09 fiscal year,
as certified by the Superintendent in March 2009, is deemed to have
been received in the 2007-08 fiscal year.
(6) Notwithstanding paragraph (1), for the 2011-12 fiscal year to
the 2012-13 fiscal year, inclusive, a school district that receives
funding for its participation with a regional occupational center or
program established and maintained pursuant to paragraph (2) of
subdivision (a) of Section 52301 may withdraw from that regional
occupational center or program only if the county board of
education of the county where the regional occupational center or
program operates determines, or, if a center or program operates in
more than one county, the state board determines that the
withdrawal does not negatively impact career technical education
services offered by that center or program to high school pupils of
other school districts or charter schools in the region.
(c) (1) This section does not obligate the state to refund or
repay reductions made pursuant to this section. A decision by a
school district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.
(2) As a condition of receipt of funds, the governing board of the
school district or board of the county office of education, as
appropriate, at a regularly scheduled open public hearing shall take
testimony from the public, discuss, approve or disapprove the
proposed use of funding, and make explicit for each of the budget
items in paragraph (2) of subdivision (a) the purposes for which the
funds will be used.
(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate policy
and budget committees of the Legislature by April 15, 2010, and
annually thereafter on April 15 until, and including, April 15, 2014.
(d) For the 2008-09 fiscal year to the 2012-13 fiscal year,
inclusive, local education agencies that use the flexibility
provision of the section shall be deemed to be in compliance with the
program and funding requirements contained in statutory, regulatory,
and provisional language, associated with the items enumerated in
subdivision (a).
(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:
(1) For Items 6110-105-0001 and 6110-156-0001, the amount
authorized for flexibility shall exclude the funding provided for
instruction of CalWORKs eligible students pursuant to schedules (2)
and (3), and provisions 2 and 4.
(2) (A) Any instructional materials purchased by a local education
agency shall be the materials adopted by the state board for
kindergarten and grades 1 to 8, inclusive, and for grades 9 to 12,
inclusive, the materials purchased shall be aligned with state
standards as defined by Section 60605, and shall also meet the
reporting and sufficiency requirements contained in Section 60119.
(B) For purposes of this section, "sufficiency" means that each
pupil has sufficient textbooks and instructional materials in the
four core areas as defined by Section 60119, and that all pupils
within the local education agency who are enrolled in the same course
shall have identical textbooks and instructional materials, as
specified in Section 1240.3.
(3) For Item 6110-195-0001, the item shall exclude moneys that are
required to fund awards for teachers that have previously met the
requirements necessary to obtain these awards, until the award is
paid in full.
(4) For Item 6110-266-0001, a county office of education shall
conduct at least one site visit to each of the required schoolsites
pursuant to Section 1240 and shall fulfill all of the duties set
forth in Sections 1240 and 44258.9.
(5) For Item 6110-198-0001, a school district or county office of
education that operates the child care component of the Cal-SAFE
program shall comply with paragraphs (5) and (6) of subdivision (c)
of Section 54746.
(6) For Item 6110-105-0001, a recipient shall expend funds
allocated for career technical education services as follows:
(A) In accordance with the regional plan for occupational course
sequences developed pursuant to Section 52302.
(B) In order to meet documented labor market demand pursuant to
Section 52302.3.
(C) Focused on the needs of high school pupils pursuant to Section
52302.8.
(f) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.