BILL NUMBER: AB 5 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE JUNE 22, 2011
AMENDED IN SENATE JUNE 9, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 4, 2011
AMENDED IN ASSEMBLY MARCH 8, 2011
INTRODUCED BY Assembly Member Fuentes
DECEMBER 6, 2010
An act to amend Sections 33050, 52055.740, 52055.770, and
52055.780 of, to amend and repeal Section 44661.5 of, to amend,
repeal, and add Sections 44660, 44661, 44662, and 44664 of, and to
add Sections 44662.1, 44662.5, 44662.6, and
44662.7 , and 44662.8 to, the Education Code,
and to amend , repeal, and add Section 17581.6 of
the Government Code, relating to teachers, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 5, as amended, Fuentes. Teachers: best practices teacher
evaluation system.
(1) Existing law authorizes the governing board of a school
district or a county board of education, as specified, after a public
hearing on the matter, to request the State Board of Education to
waive all or part of any section of the Education Code or any
regulation adopted by the state board that implements a provision of
the Education Code that may be waived, except for specified
provisions.
This bill would include additional specified provisions of the
Education Code, relating to teacher evaluation and the Quality
Education Investment Act of 2006, that may not be waived.
(2) Existing law states the intent of the Legislature that
governing boards of school districts establish a uniform system of
evaluation and assessment of the performance of all certificated
personnel within each school district of the state. Existing law
requires the governing board of each school district to establish
standards of expected pupil achievement at each grade level in each
area of study and to evaluate and assess certificated employee
performance on a continuing basis as it reasonably relates to the
progress of pupils toward the established standards and, if
applicable, the state adopted academic content standards as measured
by state adopted criterion referenced assessments, the instructional
techniques and strategies used by the employee, the employee's
adherence to curricular objectives, and the establishment and
maintenance of a suitable learning environment, within the scope of
the employee's responsibilities.
This bill would provide that the provisions described above would
become inoperative on July 1, 2014. The bill would state findings and
declarations of the Legislature regarding the nature of effective
teachers and of the teaching profession. Commencing on July 1, 2014,
the bill would require the governing board of each school district to
adopt and implement a locally negotiated best practices teacher
evaluation system, described as one in which each teacher is
evaluated on a continuing basis on the degree to which he or she
accomplishes specific objectives and multiple observations of
instructional and other professional practices that are
conducted by trained evaluators. The bill would authorize the
state board, in consultation with the Superintendent of Public
Instruction and appropriat e education stakeholder groups,
to adopt nonregulatory guidance to support the implementation of a
best practices teacher evaluation system by school districts, as
specified. The bill would, on or before May 1, 2013, require
the governing board of each school district, at a regularly scheduled
public hearing, to seek comment on the development and
implementation of the best practices teacher evaluation system, and
, on or before May 1 of each year prior to local negotiations
required by law, to seek comment on the best practices teacher
evaluation system. The bill also would require the governing board of
each school district to disclose the provisions of the best
practices teaching evaluation system at a regularly scheduled public
hearing. The bill would also require the governing board of each
school district to establish and define job responsibilities for
certificated, noninstructional employees and evaluate and assess
their performance in relation to those responsibilities. The bill
would provide that these provisions do not apply to certificated
personnel who are employed on an hourly basis in adult education
classes.
This
The bill would require that funds appropriated pursuant
to a provision of law for the 2013-14 fiscal year be distributed to
school districts, as specified, for the purpose of implementing the
best practices teacher evaluation system, and would require these
school districts to use the funds, as specified.
The bill would also provide that the provisions of the best
practices teacher evaluation system do not supersede or invalidate a
teacher evaluation system that is locally negotiated and that is in
effect at the time the best practices teacher evaluation system
becomes operative.
(3) Existing law requires that an evaluation and assessment of the
performance of a certificated employee be made on a continuing
basis, as provided, including at least every 5 years for personnel
with permanent status who have been employed at least 10 years with
the school district, are highly qualified, as specified, and whose
previous evaluation rated the employee as meeting or exceeding
standards.
This bill would require the evaluation and assessment of the above
personnel at least every 3 years, except as locally negotiated and
provided in the best practices teacher evaluation system.
(4) The existing Quality Education Investment Act of 2006
effectuates the intent of the Legislature to implement the terms of
the proposed settlement agreement of a specified legal action, to
provide for the discharge of the minimum state educational funding
requirement, to improve the quality of academic instruction and the
level of pupil achievement in schools whose pupils have high levels
of poverty and complex educational needs, to develop exemplary school
district and school practices to create working conditions to
attract and retain well-qualified teachers and administrators, and to
focus school resources solely on instructional improvement and pupil
services. The act requires county superintendents of schools to
annually review participant schools and their data to determine
compliance with the program requirements, including, among others,
specified class size requirements. The act requires, among other
things, $450,000,000 per fiscal year to be appropriated from the
General Fund for specified purposes for each of the 2008-09, 2011-12,
and 2014-15 fiscal years, inclusive, and requires those funds to be
allocated, as specified, to Sections A and B of the State School
Fund. A provision of the act appropriates $218,322,000 for the
2013-14 fiscal year, for allocation by the Chancellor of the
California Community Colleges and the Superintendent, as specified,
from the General Fund.
This bill would revise the class size requirement for kindergarten
and grades 1 to 3, inclusive, to be no more than an average of 20
pupils per class in each grade level at each schoolsite, provided
that any grade 1 to 3 classroom at that schoolsite has no more than
22 pupils. The bill would instead require $450,000,000 per fiscal
year to be appropriated from the General Fund for specified purposes
for each of the 2008-09 and 2011-12 fiscal years, and would,
commencing with the 2013-14 fiscal year, appropriate
$228,170,000 $89,000,000 to the Superintendent,
as specified, for purposes of the act. The bill would, commencing
with the 2013-14 fiscal year and continuing annually thereafter,
require the Superintendent to allocate, as specified, certain
appropriated funds that are not allocated to schools with
kindergarten or grades 1 to 12, inclusive, in a fiscal year due to
program termination or otherwise, except funds allocated in the
2013-14 fiscal year for purposes of implementing the best practices
teacher evaluation system. The bill also would instead appropriate
$221,830,000 $361,000,000 for the
2013-14 fiscal year, for allocation by the Chancellor of the
California Community Colleges and the Superintendent , as
specified, from the General Fund , including
$313,000,000 for transfer by the Controller to Section A of the State
School Fund for allocation by the Superintendent .
(5) Under the California Constitution, whenever the Legislature or
a state agency mandates a new program or higher level of service on
any local government, including a school district and a community
college district, the state is required to provide a subvention of
funds to reimburse the local government, with specified exceptions.
Existing law, commencing with the 2012-13 fiscal year, requires
certain funds appropriated in the annual Budget Act for reimbursement
of the cost of a new program or increased level of service of an
existing program mandated by statute or executive order to be
available as a block grant to school districts, charter schools, and
county offices of education to support specified state-mandated local
programs and permits those entities to elect to receive that
block grant funding in lieu of claiming mandated costs pursuant to
the state claims process .
This bill would, as of July 1, 2014, include
add specified mandated programs, including the best
practices teacher evaluation system , to be among
the state-mandated local programs supported by the block
grant funding.
(6) By requiring school districts to perform additional duties,
this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(7) Funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33050 of the Education Code is amended to read:
33050. (a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the state board to waive all or
part of any section of this code or any regulation adopted by the
state board that implements a provision of this code that may be
waived, except:
(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part 10.
(2) Chapter 6 (commencing with Section 16000) of Part 10.
(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14 (commencing with
Section 17085) of Part 10.
(4) Part 13 (commencing with Section 22000).
(5) Section 35735.1.
(6) Paragraph (8) of subdivision (a) of Section 37220.
(7) The following provisions of Part 10.5 (commencing with Section
17211):
(A) Chapter 1 (commencing with Section 17211).
(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462
and subdivision (a) of Section 17464; and Sections 17582 to 17592,
inclusive.
(8) The following provisions of Part 24 (commencing with Section
41000):
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Sections 41600 to 41866, inclusive.
(D) Sections 41920 to 42911, inclusive.
(9) Sections 44504 and 44505.
(10) Sections 44660 to 44664, inclusive.
(11) Article 3 (commencing with Section 44930) of Chapter 4 of
Part 25 and regulations in Title 5 of the California Code of
Regulations adopted pursuant to Article 3 (commencing with Section
44930) of Chapter 4 of Part 25.
(12) Part 26 (commencing with Section 46000).
(13) Chapter 6 (commencing with Section 48900) and Chapter 6.5
(commencing with Section 49060) of Part 27.
(14) Section 51513.
(15) Article 3.7 (commencing with Section 52055.700) of Chapter
6.1 of Part 28 of Division 4, relating to the Quality Education
Investment Act of 2006.
(16) Chapter 6.10 (commencing with Section 52120) of Part 28,
relating to class size reduction.
(17) Section 52163.
(18) The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.
(19) Sections 52165, 52166, and 52178.
(20) Article 3 (commencing with Section 52850) of Chapter 12 of
Part 28.
(21) Section 56364.1, except that this restriction shall not
prohibit the state board from approving any waiver of Section 56364
or Section 56364.2, as applicable, relating to full inclusion.
(22) Article 4 (commencing with Section 60640) of Chapter 5 of
Part 33, relating to the STAR Program, and any other provisions of
Chapter 5 (commencing with Section 60600) of Part 33 that establish
requirements for the STAR Program.
(b) Any waiver of provisions related to the programs identified in
Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28.
(c) The waiver of an advisory committee required by law shall be
granted only pursuant to Article 4 (commencing with Section 52870) of
Chapter 12 of Part 28.
(d) Any request for a waiver submitted by the governing board of a
school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the
following:
(1) Whether the exclusive representative of employees, if any, as
provided in Chapter 10.7 (commencing with Section 3540) of Division 4
of Title 1 of the Government Code, participated in the development
of the waiver.
(2) The exclusive representative's position regarding the waiver.
(e) Any request for a waiver submitted pursuant to subdivision (a)
relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of
Part 28, that is operated by a joint powers entity established
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1 of the Government Code, shall be submitted as a joint waiver
request for each participating school district and shall meet both
of the following conditions:
(1) Each joint waiver request shall comply with all of the
requirements of this article.
(2) The submission of a joint waiver request shall be approved by
a unanimous vote of the governing board of the joint powers agency.
(f) The governing board of any school district requesting a waiver
under this section of any provision of Article 5 (commencing with
Section 39390) of Chapter 3 of Part 23 shall provide written notice
of any public hearing it conducted pursuant to subdivision (a), at
least 30 days prior to the hearing, to each public agency identified
under Section 39394.
SEC. 2. Section 44660 of the Education Code is amended to read:
44660. (a) It is the intent of the Legislature that governing
boards establish a uniform system of evaluation and assessment of the
performance of all certificated personnel within each school
district of the state, including schools conducted or maintained by
county superintendents of education. The system shall involve the
development and adoption by each school district of objective
evaluation and assessment guidelines that may, at the discretion of
the governing board, be uniform throughout the district or, for
compelling reasons, be individually developed for territories or
schools within the district, provided that all certificated personnel
of the district shall be subject to a system of evaluation and
assessment adopted pursuant to this article.
(b) This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.
(c) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 44660 is added to the Education Code, to read:
44660. (a) The Legislature finds and declares all of the
following:
(1) Teaching is a professional endeavor, in which effective
practice is driven by an understanding of knowledge in the field and
a commitment to all pupils and their families.
(2) Excellent teaching requires knowledge, skills, artistry,
passion, and commitment.
(3) Effective teachers integrate ethical concern for children and
society, extensive subject matter competence, thoughtfully selected
pedagogical practices, and a depth of knowledge about their pupils,
including knowledge of child and adolescent development and learning,
an understanding of their individual strengths, interests, and
needs, and knowledge about their families and communities.
(4) Effective teachers share a common set of professional and
ethical obligations that includes a profound and fundamental
commitment to the growth and success of the individual pupils in
their care as well as to the strengthening and continual
revitalization of our democratic society.
(5) Certificated, noninstructional employees share the same deep
commitment to children, families, and communities, and they provide
essential support and administrative services to pupils and teachers
that enable pupils to succeed.
(b) The Legislature further finds and declares that because
teachers are the most important school-related factor for influencing
pupil academic success the primary purpose of an evaluation system
is to ensure that teachers meet the highest professional standards of
effective teaching, thereby resulting in high levels of pupil
learning.
(c) This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.
(d) This section shall become operative on July 1, 2014.
SEC. 4. Section 44661 of the Education Code is amended to read:
44661. (a) In the development and adoption of guidelines and
procedures pursuant to this article, the governing board shall avail
itself of the advice of the certificated instructional personnel in
the district's organization of certificated personnel; provided,
however, that the development and adoption of guidelines pursuant to
this article shall also be subject to the provisions of Article 1
(commencing with Section 7100) of Chapter 2 of Part 5 of Division 1
of Title 1.
(b) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 5. Section 44661 is added to the Education Code, to read:
44661. (a) The governing board of each school district shall
adopt and implement a best practices teacher evaluation system as set
forth in this article.
(b) The best practices teacher evaluation system required to be
adopted pursuant to this article shall be locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code. If the certificated employees of the
school district do not have an exclusive bargaining representative,
the governing board of the school district shall adopt objective
evaluation and support components, as applicable, that are consistent
with this article.
(c) This section shall become operative on July 1, 2014.
SEC. 6. Section 44661.5 of the Education Code is amended to read:
44661.5. (a) When developing and adopting objective evaluation
and assessment guidelines pursuant to Section 44660, a school
district may, by mutual agreement between the exclusive
representative of the certificated employees of the school district
and the governing board of the school district, include any objective
standards from the National Board for Professional Teaching
Standards or any objective standards from the California Standards
for the Teaching Profession if the standards to be included are
consistent with this article. If the certificated employees of the
school district do not have an exclusive representative, the school
district may adopt objective evaluation and assessment guidelines
consistent with this section.
(b) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 44662 of the Education Code is amended to read:
44662. (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
(b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates
to:
(1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards as measured by state adopted criterion
referenced assessments.
(2) The instructional techniques and strategies used by the
employee.
(3) The employee's adherence to curricular objectives.
(4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's responsibilities.
(c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be evaluated
appropriately under the provisions of subdivision (b) and shall
evaluate and assess the performance of those noninstructional
certificated employees as it reasonably relates to the fulfillment of
those responsibilities.
(d) Results of an employee's participation in the Peer Assistance
and Review Program for Teachers established by Article 4.5
(commencing with Section 44500) shall be made available as part of
the evaluation conducted pursuant to this section.
(e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
(f) Nothing in this section shall be construed as in any way
limiting the authority of school district governing boards to develop
and adopt additional evaluation and assessment guidelines or
criteria.
(g) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 44662 is added to the Education Code, to read:
44662. (a) A best practices teacher evaluation system
has shall include, but not be limited to, the
following attributes:
(1) Each An evaluation of each
teacher is evaluated based on the
degree to which he or she accomplishes the following objectives:
(A) Engages and supports all pupils in learning, evidence of which
may include, but is not limited to, evidence of high expectations
and active pupil engagement for each pupil.
(B) Creates and maintains effective environments for pupil
learning, to the extent that those environments are within the
teacher's control.
(C) Understands and organizes subject matter for pupil learning,
evidence of which may include, but is not limited to, extensive
subject matter, content standards, and curriculum competence.
(D) Plans instruction and designs learning experiences for all
pupils, evidence of which may include, but is not limited to, use of
differentiated instruction and practices based upon pupil progress
and use of culturally responsive instruction, including, but not
limited to, incorporation of multicultural information and content
into the delivery of curriculum, to eliminate the achievement gap.
(E) Uses pupil assessment information to inform instruction and to
improve learning, evidence of which shall include, but is not
limited to, use of formative and summative assessments to adjust
instructional practices to meet the needs of individual pupils. For
certified employees who directly instruct English learner pupils in
acquiring English language fluency, the assessment information shall
include the results of assessments adopted pursuant to Chapter 7
(commencing with Section 60810) of Part 33 of Division 4.
(F) Develops, as a professional educator, evidence of which may
include, but is not limited to, consistent and positive relationships
with pupils, parents, staff, and administrators, use of
collaborative professional practices for improving instructional
strategies, participation in identified professional growth
opportunities, and use of meaningful self-assessment to improve as a
professional educator.
(G) (i) Contributes to pupil
academic growth based on multiple measures, which
as follows:
(i) Multiple measures shall include state and local formative and
summative assessments in the grade levels and subjects that these
assessments are administered.
(ii) Multiple measures may
include, but are not limited to, classroom work, local and state
academic assessments, and pupil grades, classroom participation,
presentations and performances, and projects and portfolios.
(ii)
(iii) Measures used for assessing pupil academic growth
shall be valid and reliable for the curriculum and the pupil being
taught and for the purpose of teacher evaluation, provided that the
evaluation and assessment of certificated employee performance
pursuant to this section shall not include the use of publishers'
norms established by standardized tests. For certificated employees
who directly instruct English learner pupils in acquiring English,
measures shall include the degree to which pupils acquire the English
language development standards adopted pursuant to Section
60811 60811.3 for the purpose of improving a
pupil's English proficiency. Pupil data used for purposes of teacher
evaluation shall be confidential in the same manner as all other
elements of a teacher's personnel file. It is the intent of the
Legislature that any assessments developed by a national consortium
and adopted by the state board and used for purposes of
this section meet statistical and psychometric standards appropriate
for this use.
(2) Multiple observations of instructional and other professional
practices that are conducted by evaluators who have been
appropriately trained and calibrated to ensure consistency and who
have demonstrated competence in teacher evaluation, as determined by
the school district.
(A) Multiple observations may include, but are not limited to,
classroom observations, one-on-one discussions, and review of
classroom materials and course of study.
(B) Observations shall be conducted using a uniform evaluation
tool that is appropriate to the teacher's assignment.
(C) Before each formal observation, the observer shall meet with
the teacher to discuss the purpose of the observation.
(D) After each formal observation, the observer shall meet with
the teacher to discuss recommendations, as necessary, with regard to
areas of improvement in the performance of the teacher.
(3) A minimum of three performance levels for the evaluation of
teacher performance for purposes of Section 44664.
(b) This section shall not be interpreted to prohibit a locally
negotiated evaluation process from designating certificated employees
to conduct, or participate in, evaluations of other certificated
employees for purposes of determining needs for professional
development or providing corrective advice for the certificated
employee being evaluated. A nonsupervisory certificated employee who
conducts, or participates in, an evaluation pursuant to this article
shall not be deemed to be exercising a management or supervisory
function as defined by subdivision (g) or (m) of Section 3540.1 of
the Government Code.
(c) This section shall become operative on July 1, 2014.
SEC. 9. Section 44662.1 is added to the
Education Code , to read:
44662.1. The state board, in consultation with the Superintendent
and appropriate education stakeholder groups, may adopt
nonregulatory guidance to support the implementation of a best
practices teacher evaluation system by school districts that may
include all of the following:
(a) Model evaluation systems that may be used by school districts
to implement the best practices teacher evaluation system pursuant to
Sections 44661 and 44662, as added by Sections 5 and 8 of Assembly
Bill 5 of the 2011-12 Regular Session.
(b) Model processes for implementing observations of instructional
and other professional practices pursuant to paragraph (2) of
subdivision (a) of Section 44662, as added by Section 8 of Assembly
Bill 5 of the 2011-12 Regular Session.
(c) Model processes for defining calibration for purposes of
training evaluators pursuant to paragraph (2) of subdivision (a) of
Section 44662, as added by Section 8 of Assembly Bill 5 of the
2011-12 Regular Session.
(d) Model processes for developing the observation tool that may
be used for observations of instructional and other professional
practices pursuant to paragraph (2) of subdivision (a) of Section
44662, as added by Section 8 of Assembly Bill 5 of the 2011-12
Regular Session.
(e) Model processes for determining and defining the performance
levels for the evaluation of teacher performance pursuant to
paragraph (3) of subdivision (a) of Section 44662, as added by
Section 8 of Assembly Bill 5 of the 2011-12 Regular Session.
SEC. 9. SEC. 10. Section 44662.5 is
added to the Education Code, to read:
44662.5. (a) The governing board of each school district shall
establish and define job responsibilities for certificated,
noninstructional employees, including, but not limited to,
supervisory and administrative personnel, whose responsibilities
cannot be evaluated appropriately under the provisions of subdivision
(a) of Section 44662. The governing board of each school district
shall evaluate and assess the performance of certificated,
noninstructional employees as it reasonably relates to the
fulfillment of those responsibilities.
(b) This section shall become operative on July 1, 2014.
SEC. 10. SEC. 11. Section 44662.6 is
added to the Education Code, to read:
44662.6. (a) (1) On or before May 1, 2013,
the governing board of each school district, at a regularly scheduled
public hearing, shall seek comment on the development and
implementation of the best practices teacher evaluation system. The
governing board of a school district shall use the comments received
at the hearing to guide the development and implementation of the
best practices teacher evaluation system.
(2) On or before May 1 of each year prior to local negotiations
required pursuant to Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, the governing board of
each school district shall seek comment on the best practices teacher
evaluation system.
(b) Consistent with Section 3547 of the Government Code and no
more than 30 days after the local negotiations required pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, the governing board of the
each school district shall disclose the provisions of the
best practices teacher evaluation system at a regularly scheduled
public hearing.
SEC. 11. SEC. 12. Section 44662.7 is
added to the Education Code, to read:
44662.7. (a) Notwithstanding any other law, commencing July 1,
2014, sixty million dollars ($60,000,000) of funding appropriated
pursuant to paragraph (2) of subdivision (e) of Section 52055.780 for
the 2013-14 fiscal year shall be distributed to school districts
with eligible schools identified pursuant to Section 52055.730 in the
same fiscal year no later than December 1, 2013, for the purpose of
implementing the best practices teacher evaluation system established
pursuant to Sections 44661 and 44662. The amount appropriated by
this section shall be distributed based on the number of certified
staff employed at the eligible schoolsites by a recipient
school district. School districts shall use the funds to plan for the
implementation of the best practices teacher evaluation system,
including, but not limited to, both of the following:
(1) Train evaluators to ensure calibration and consistency in
conducting observations pursuant to subparagraph (A) of paragraph (2)
of subdivision (a) of Section 44662.
(2) Develop the uniform observation tool used in observations
pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of
Section 44662.
(b) Funds provided to a school district pursuant to this section
shall support activities related to implementation of the best
practices teacher evaluation system developed pursuant to subdivision
(b) of Section 44661.
(c) Funds provided to a school district pursuant to this section
shall first be used to offset any state-mandated reimbursable costs,
within the meaning of subdivision (e) of Section 17556 of the
Government Code, that otherwise may be claimed for the state-mandated
reimbursement process for the best practices teacher evaluation
system. A school district shall reduce its estimated and annual
mandate reimbursement claims by the amount of funding it receives
pursuant to this section.
(b)
(d) For purposes of making the computations required by
Section 8 of Article XVI of the California Constitution, the amount
appropriated pursuant to this section shall be deemed to be in
partial satisfaction of the amount of the total fiscal settlement
agreed to by the parties of California Teachers Association, et al.
v. Arnold Schwarzenegger, et al. (Case Number 05CS01165 of the
Superior Court for the County of Sacramento).
SEC. 13. Section 44662.8 is added to the
Education Code , to read:
44662.8. (a) This article does not supersede or invalidate a
teacher evaluation system that is locally negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code and that is in effect at the time this section
becomes operative. If a locally negotiated teacher evaluation system
is in effect at the time this section becomes operative, the teacher
evaluation system shall remain in effect until the parties to the
agreement negotiate a successor agreement.
(b) This section shall become operative on July 1, 2014.
SEC. 12. SEC. 14. Section 44664 of
the Education Code is amended to read:
44664. (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) At least every five years for personnel with permanent status
who have been employed at least 10 years with the school district,
are highly qualified, if those personnel occupy positions that are
required to be filled by a highly qualified professional by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.), as defined in Section 7801 of Title 20 of the United States
Code, and whose previous evaluation rated the employee as meeting or
exceeding standards, if the evaluator and certificated employee being
evaluated agree. The certificated employee or the evaluator may
withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the employee.
(1) If an employee is not performing his or her duties in a
satisfactory manner according to the standards prescribed by the
governing board, the employing authority shall notify the
employee in writing of that
fact and describe the unsatisfactory performance.
(2) The employing authority shall thereafter confer with the
employee making specific recommendations as to areas of improvement
in the employee's performance and endeavor to assist the employee in
his or her performance.
(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the employee until the employee achieves a positive
evaluation or is separated from the district.
(c) (1) An evaluation performed pursuant to this article that
contains an unsatisfactory rating of an employee's performance in the
area of teaching methods or instruction may include the requirement
that the certificated employee shall, as determined necessary by the
employing authority, participate in a program designed to improve
appropriate areas of the employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority.
(2) If a district participates in the Peer Assistance and Review
Program for Teachers established pursuant to Article 4.5 (commencing
with Section 44500), a certificated employee who receives an
unsatisfactory rating on an evaluation performed pursuant to this
section shall participate in the Peer Assistance and Review Program
for Teachers.
(d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
(e) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 13. SEC. 15. Section 44664 is
added to the Education Code, to read:
44664. (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) Except as may be provided in the best practices teacher
evaluation system locally negotiated pursuant to subdivision (b) of
Section 44661, at least every three years for personnel with
permanent status who have been employed at least 10 years with the
school district, are highly qualified, if those personnel occupy
positions that are required to be filled by a highly qualified
professional by the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20 of
the United States Code, and whose previous evaluation rated the
employee as meeting or exceeding standards, if the evaluator and
certificated employee being evaluated agree. The certificated
employee or the evaluator may withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the employee.
(1) If an employee is not performing his or her duties in a
satisfactory manner according to the standards prescribed by the
governing board, the employing authority shall notify the employee in
writing of that fact and describe the unsatisfactory performance.
(2) The employing authority shall thereafter confer with the
employee making specific recommendations as to areas of improvement
in the employee's performance and endeavor to assist the employee in
his or her performance.
(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the employee until the employee achieves a positive
evaluation or is separated from the district.
(c) (1) An evaluation performed pursuant to this article that
contains an unsatisfactory rating of an employee's performance in the
area of teaching methods or instruction may include the requirement
that the certificated employee shall, as determined necessary by the
employing authority, participate in a program designed to improve
appropriate areas of the employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority.
(2) If a district participates in the Peer Assistance and Review
Program for Teachers established pursuant to Article 4.5 (commencing
with Section 44500), a certificated employee who receives an
unsatisfactory rating on an evaluation performed pursuant to this
section shall participate in the Peer Assistance and Review Program
for Teachers.
(d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
(e) This section shall become operative on July 1, 2014.
SEC. 14. SEC. 16. Section 52055.740
of the Education Code is amended to read:
52055.740. (a) Commencing with the 2012-13 fiscal year and each
fiscal year thereafter, for each funded school, the county
superintendent of schools for the county in which the school is
located shall annually review the school and its data to determine if
the school has met all of the following program requirements by the
school by the end of the third full year of funding:
(1) Meet all of the following class size requirements:
(A) For kindergarten and grades 1 to 3, inclusive, no more than an
average of 20 pupils per class in each grade level at each
schoolsite, as set forth in the Class Size Reduction Program (Chapter
6.10 (commencing with Section 52120)) provided that any grade 1 to 3
classroom at that schoolsite has no more than 22 pupils.
(B) (i) For self-contained classrooms in grades 4 to 8, inclusive,
an average classroom size of 25 pupils per classroom.
(ii) For purposes of this subparagraph, average classroom size
shall be calculated at the grade level based on the number of
self-contained classrooms in that grade for all funded schools in the
school district. A school that receives funding under this article
shall not have a self-contained classroom in grades 4 to 8,
inclusive, with more than 27 pupils regardless of its average
classroom size.
(C) (i) For classes in English language arts, reading,
mathematics, science, or history and social science courses in grades
4 to 12, inclusive, an average classroom size of 25 pupils per
classroom.
(ii) For purposes of this subparagraph, average classroom size
shall be calculated at the grade level based on the number of
subject-specific classrooms in that grade for all funded schools in
the school district. A school that receives funding under this
article shall not have a class in English language arts, reading,
mathematics, science, or history and social science in grades 4 to
12, inclusive, with more than 27 pupils regardless of its average
classroom size.
(D) Not increase any other class sizes in the school above the
size used during the 2012-13 school year. If a funded school has a
low-enrollment innovative class, it may increase the number of pupils
in that class to a number that does not exceed the schoolwide
average as of the 2012-13 school year.
(2) In high schools, have a pupil-to-counselor ratio of no more
than 300 to 1. Each counselor shall hold a services credential with a
specialization in pupil personnel services issued by the Commission
on Teacher Credentialing.
(3) Ensure that each teacher in the school, including intern
teachers, shall be highly qualified in accordance with the federal No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
(4) Using the index established under Section 52055.730, have an
average experience of classroom teachers in the school equal to or
exceeding the average for the school district for this type of
school.
(5) Exceed the API growth target for the school averaged over the
first three full years of funding. Beginning in the fifth year of
participation, funded schools shall meet their annual API growth
targets. If the school fails to meet its annual growth target, the
school shall continue to receive funding pursuant to this article,
but shall be subject to state review, assistance, and timeline
requirements pursuant to the High Priority Schools Grant Program
under Section 52055.650. The schoolsite administrator shall not
automatically be reassigned based solely on that failure.
(b) For each funded school, the county superintendent of schools
for the county in which the school is located shall annually review
the school and its data to determine if the school has met all of the
following interim requirements:
(1) Be at least one-third of the way toward meeting each of the
program requirements specified in paragraphs (1) to (5), inclusive,
of subdivision (a) by the end of the first full year of funding.
(2) Be at least two-thirds of the way toward meeting each of the
program requirements specified in paragraphs (1) to (5), inclusive,
of subdivision (a) by the end of the second full year of funding, and
achieve full implementation by the end of the third full year and
for each year thereafter.
(3) Have provided professional development to at least one-third
of teachers and instructional paraprofessionals in the school
annually.
(4) Meet all of the requirements of the settlement agreement in
Williams v. State of California (Case Number CGC-00-312236 of the
Superior Court for the County of San Francisco), including, among
other things, the requirements regarding teachers, instructional
materials, and school facilities, by the end of the first full year
of funding, and in each year of funding thereafter.
(c) (1) If a county superintendent of schools determines that a
funded school has not substantially met the requirements of
subdivision (b) after the first or second full year of funding, or
any alternative program requirements approved under Section
52055.760, he or she shall notify the Superintendent. If all of the
interim and final requirements are not met by the end of any
subsequent school year, the Superintendent shall terminate funding
for that school.
(2) If the Superintendent terminates funding under this
subdivision, the Superintendent shall provide advance notice to the
school district that is sufficient to allow the school district a
reasonable amount of time to make staff and other cost adjustments
necessitated by the termination. The Superintendent shall provide the
school district with funds sufficient to cover the staff and other
cost adjustments.
(d) A school district or chartering authority that includes a
participating school or schools for which funding is terminated
pursuant to subdivision (c) may appeal that action to the state
board. The state board shall order the reinstatement of funding if,
on appeal, the school district or chartering authority demonstrates
that the data upon which the county superintendent of schools relied
is in error and that the school in question can fully demonstrate its
compliance with the applicable requirements.
SEC. 15. SEC. 17. Section 52055.770
of the Education Code is amended to read:
52055.770. (a) School districts and chartering authorities shall
receive funding at the following rate, on behalf of funded schools:
(1) For kindergarten and grades 1 to 3, inclusive, five hundred
dollars ($500) per enrolled pupil in funded schools.
(2) For grades 4 to 8, inclusive, nine hundred dollars ($900) per
enrolled pupil in funded schools.
(3) For grades 9 to 12, inclusive, one thousand dollars ($1,000)
per enrolled pupil in funded schools.
(b) For purposes of subdivision (a), enrollment of a pupil in a
funded school in the prior fiscal year shall be based on data from
the CBEDS. For the 2007-08 fiscal year, the funded rates shall be
reduced to reflect the percentage difference in the total amounts
appropriated for purposes of this section in that year compared to
the amounts appropriated for purposes of this section in the 2008-09
fiscal year.
(c) The following amounts are hereby appropriated from the General
Fund for the purposes set forth in subdivision (g):
(1) For the 2007-08 fiscal year, three hundred million dollars
($300,000,000), to be allocated as follows:
(A) Thirty-two million dollars ($32,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges for the purpose of providing funding to the community
colleges to improve and expand career technical education in public
secondary education and lower division public higher education
pursuant to Section 88532, including the hiring of additional faculty
to expand the number of career technical education programs and
course offerings.
(B) Two hundred sixty-eight million dollars ($268,000,000) for
transfer by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(2) For each of the 2008-09 and 2011-12 fiscal years, four hundred
fifty million dollars ($450,000,000) per fiscal year, to be
allocated as follows:
(A) Forty-eight million dollars ($48,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (e) for the 2008-09 fiscal
year, and under subdivision (f) for the 2011-12 fiscal year.
(B) Four hundred two million dollars ($402,000,000) for transfer
by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(3) For the 2009-10 fiscal year, thirty million dollars
($30,000,000), to be allocated for transfer by the Controller to
Section B of the State School Fund for allocation by the Chancellor
of the California Community Colleges to community colleges as
required under subdivision (e).
(4) For the 2010-11 fiscal year, four hundred twenty million
dollars ($420,000,000), to be allocated as follows:
(A) Eighteen million dollars ($18,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (e).
(B) Four hundred two million dollars ($402,000,000) for transfer
by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(5) Commencing with the 2010-11 fiscal year, payments made
pursuant to this subdivision shall be made only on or after October 8
of each fiscal year.
(6) Commencing with the 2013-14 fiscal year, two hundred
twenty-eight million one hundred seventy thousand dollars
($228,170,000) eighty-nine million dollars
($89,000,000) for allocation to the Superintendent pursuant to
this article.
(d) For the 2014-15 fiscal year, the amounts appropriated under
subdivision (c) shall be adjusted to reflect the total fiscal
settlement agreed to by the parties in California Teachers
Association, et al. v. Arnold Schwarzenegger (Case Number 05CS01165
of the Superior Court for the County of Sacramento) and the sum of
all fiscal years of funding provided pursuant to this section and
Section 41207.6 shall not exceed the total funds agreed to by those
parties. This annual appropriation shall continue to be made until
the Director of Finance reports to the Legislature, along with all
proposed adjustments to the Governor's Budget pursuant to Section
13308 of the Government Code, that the sum of appropriations made and
allocated pursuant to subdivision (c) equals the total outstanding
balance of the minimum state educational funding obligation to school
districts and community college districts required by Section 8 of
Article XVI of the California Constitution and Chapter 213 of the
Statutes of 2004 for the 2004-05 and 2005-06 fiscal years, as
determined in subdivision (a) or (b) of Section 41207.1.
(e) The sum transferred under subparagraph (A) of paragraph (2) of
subdivision (c) for the 2008-09 fiscal year shall be allocated by
the Chancellor of the California Community Colleges as follows:
(1) Thirty-eight million dollars ($38,000,000) to the community
colleges for the purpose of providing funding to the community
colleges to improve and expand career technical education in public
secondary education and lower division public higher education
pursuant to Section 88532, including the hiring of additional faculty
to expand the number of career technical education programs and
course offerings.
(2) Ten million dollars ($10,000,000) to the community colleges
for the purpose of providing one-time block grants to community
college districts to be used for one-time items of expenditure,
including, but not limited to, the following purposes:
(A) Physical plant, scheduled maintenance, deferred maintenance,
and special repairs.
(B) Instructional materials and support.
(C) Instructional equipment, including equipment related to career
technical education, with priority for nursing program equipment.
(D) Library materials.
(E) Technology infrastructure.
(F) Hazardous substances abatement, cleanup, and repair.
(G) Architectural barrier removal.
(H) State-mandated local programs.
(3) The Chancellor of the California Community Colleges shall
allocate the amount allocated pursuant to paragraph (2) to community
college districts on an equal amount per actual full-time equivalent
student (FTES) reported for the prior fiscal year, except that each
community college district shall be allocated an amount not less than
fifty thousand dollars ($50,000), and the equal amount per unit of
FTES shall be computed accordingly.
(4) Funds allocated under paragraph (2) shall supplement and not
supplant existing expenditures and may not be counted as the
community college district contribution for physical plant projects
and instructional material purchases funded in Item 6870-101-0001 of
Section 2.00 of the annual Budget Act.
(f) For each of the 2011-12 and 2014-15 fiscal years, the sum
transferred pursuant to subparagraph (A) of paragraph (2) of
subdivision (c) shall be allocated by the Chancellor of the
California Community Colleges to the community colleges for the
purpose of improving and expanding career technical education in
public secondary education and lower division public higher education
pursuant to Section 88532, including the hiring of additional
faculty to expand the number of career technical education programs
and course offerings.
(g) The appropriations made under subdivision (c) and the amount
specified in Section 41207.6 are for the purpose of discharging in
full the minimum state educational funding obligation to school
districts and community college districts pursuant to Section 8 of
Article XVI of the California Constitution and Chapter 213 of the
Statutes of 2004 for the 2004-05 fiscal year, and the outstanding
maintenance factor for the 2005-06 fiscal year resulting from this
additional payment of the Chapter 213 amount for the 2004-05 fiscal
year.
(h) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, including computation
of the state's minimum funding obligation to school districts and
community college districts in subsequent fiscal years, the first one
billion six hundred twenty million nine hundred twenty-eight
thousand dollars ($1,620,928,000) in appropriations made pursuant to
subdivision (c) and the amount specified in Section 41207.6 shall be
deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 and
"General Fund Revenues appropriated for community college districts,"
as defined in subdivision (d) of Section 41202, for the 2004-05
fiscal year and included within the "total allocations to school
districts and community college districts from General Fund proceeds
of taxes appropriated pursuant to Article XIII B," as defined in
subdivision (e) of Section 41202, for that fiscal year. The remaining
appropriations made pursuant to subdivision (c) and the amount
specified in Section 41207.6 shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 and "General Fund revenues
appropriated for community college districts," as defined in
subdivision (d) of Section 41202, for the 2005-06 fiscal year and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for that fiscal year.
(i) From funds appropriated under subdivision (c), the
Superintendent shall provide both of the following:
(1) Not more than two million dollars ($2,000,000) annually to
county superintendents of schools to carry out the requirements of
this article, allocated in a manner similar to that created to carry
out the new duties of those superintendents under the settlement
agreement in the case of Williams v. California (Super. Ct. San
Francisco, No. CGC-00-312236).
(2) Five million dollars ($5,000,000) in the 2007-08 fiscal year
to support regional assistance under Section 52055.730. It is the
intent of the Legislature that the Superintendent and the president
of the state board or his or her designee, along with county offices
of education, seek foundational and other financial support to
sustain and expand these services. Funds provided under this
paragraph that are not expended in the 2007-08 fiscal year shall be
reappropriated for use in subsequent fiscal years for the same
purpose.
(j) Notwithstanding any other law, funds appropriated under
subdivision (c) but not allocated to schools with kindergarten or
grades 1 to 12, inclusive, in a fiscal year, due to program
termination in any year or otherwise, shall be reappropriated in
furtherance of the purposes of this article. First priority for those
amounts shall be to provide cost-of-living increases and enrollment
growth adjustments to funded schools.
(k) The sum of three hundred fifty thousand dollars ($350,000) is
hereby appropriated from the General Fund to the department to fund
3.0 positions to implement this article. Funding provided under this
subdivision is not part of funds provided pursuant to subdivision
(c).
(l) (1) Notwithstanding subdivision (j), commencing with the
2013-14 fiscal year and continuing annually thereafter, funds
appropriated under subdivision (c) that are not allocated to schools
with kindergarten or grades 1 to 12, inclusive, in a fiscal year due
to program termination in any year or otherwise, except funds
allocated in the 2013-14 fiscal year for purposes of Section 44662.7,
shall be allocated by the Superintendent before the close of the
fiscal year as follows:
(i) Funds shall be distributed on an equal per-pupil basis among
all funded schools remaining in the program regardless of grade level
using the most recent verified enrollment figures for purposes of
implementing the common core academic content standards adopted by
the state board pursuant to Section 60605.8.
(ii) Funds shall not be distributed to schools that have withdrawn
or been terminated from the program or that have received
notification from the Superintendent that their funding will be
terminated pursuant to subdivision (c) of Section 52055.740.
(2) Funds provided pursuant to paragraph (1) shall not affect the
base funding rates per pupil and per grade set forth in subdivision
(a).
(3) The Superintendent, in consultation with the Director of
Finance, shall determine no later than October 8, 2013, the total
amount of funding appropriated under subdivision (c) that was not
allocated to schools for each fiscal year from 2007-08 to 2011-12,
inclusive, and shall add that sum to the amount otherwise available
for allocation pursuant to paragraph (1) in the 2014-15 fiscal year.
SEC. 16. SEC. 18. Section 52055.780
of the Education Code is amended to read:
52055.780. (a) School districts and chartering authorities shall
receive funding at the following rate, on behalf of funded schools:
(1) For kindergarten and grades 1 to 3, inclusive, five hundred
dollars ($500) per enrolled pupil in funded schools.
(2) For grades 4 to 8, inclusive, nine hundred dollars ($900) per
enrolled pupil in funded schools.
(3) For grades 9 to 12, inclusive, one thousand dollars ($1,000)
per enrolled pupil in funded schools.
(b) For purposes of subdivision (a), enrollment of a pupil in a
funded school in the prior fiscal year shall be based on data from
the CBEDS.
(c) For the 2012-13 fiscal year, three hundred sixty-one million
dollars ($361,000,000) is hereby appropriated from the General Fund
to be allocated as follows:
(1) Forty-eight million dollars ($48,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (d).
(2) Three hundred thirteen million dollars ($313,000,000) for
transfer by the Controller to Section A of the State School Fund for
allocation by the Superintendent pursuant to this article.
(3) Payments made pursuant to this subdivision shall be made only
on or after October 8 of the 2012-13 fiscal year.
(d) The sum transferred pursuant to paragraph (1) of subdivision
(c) shall be allocated by the Chancellor of the California Community
Colleges to the community colleges for the purpose of improving and
expanding career technical education in public secondary education
and lower division public higher education pursuant to Section 88532,
including the hiring of additional faculty to expand the number of
career technical education programs and course offerings.
(e) For the 2013-14 fiscal year, two hundred twenty-one
million eight hundred thirty thousand dollars ($221,830,000)
three hundred sixty-one million dollars ($361,000,000)
is hereby appropriated from the General Fund to be allocated
as follows:
(1) Forty-eight million dollars ($48,000,000) for transfer by the
Controller to Section B of the State School Fund for allocation by
the Chancellor of the California Community Colleges to community
colleges as required under subdivision (d).
(2) One hundred seventy-three million eight hundred
thirty thousand dollars ($173,830,000) Three hundred
thirteen million dollars ($313,000,000)
for transfer by the Controller to
Section A of the State School Fund for allocation by the
Superintendent pursuant to this article.
(f) From funds appropriated under subdivision (c), the
Superintendent shall provide not more than two million dollars
($2,000,000) to county superintendents of schools to carry out the
requirements of this article, allocated in a manner similar to that
created to carry out the new duties of those superintendents under
the settlement agreement in the case of Williams v. California
(Super. Ct. San Francisco, No. CGC-00-312236).
(g) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, including computation
of the state's minimum funding obligation to school districts and
community college districts in subsequent fiscal years, the
appropriations made pursuant to subdivisions (c) and (e) shall be
deemed to be "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 and
"General Fund revenues appropriated for community college districts,"
as defined in subdivision (d) of Section 41202, for the 2012-13
and 2013-14 fiscal year years
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for that fiscal year.
SEC. 17. SEC. 19. Section 17581.6 of
the Government Code is amended to read:
17581.6. (a) Commencing with the 2012-13 fiscal year, funds
provided in Item 6110-296-0001 of Section 2.00 of the annual Budget
Act shall be allocated as block grants to school districts, charter
schools, and county offices of education to support all of the
mandated programs described in subdivision (d).
(b) (1) Notwithstanding any other law, each fiscal year a school
district or county office of education may receive funding for the
performance of the mandated activities listed in subdivision (d)
either through the block grant established pursuant to this section
or by claiming reimbursement pursuant to Section 17560. A school
district or county office of education that claims reimbursement for
any mandated activities pursuant to Section 17560 for mandated costs
incurred during a fiscal year shall not be eligible for funding
pursuant to this section for the same fiscal year.
(2) A school district and county office of education that elects
to receive block grant funding instead of seeking reimbursement
pursuant to Section 17560 shall, and any charter school that elects
to receive block grant funding shall, submit a letter of intent to
the Superintendent of Public Instruction on or before September 30 of
each year requesting block grant funding pursuant to this section.
The Superintendent of Public Instruction shall distribute funding
provided pursuant to subdivision (a) to school districts, charter
schools, and county offices of education pursuant to the rates set
forth in Item 6110-296-0001 of Section 2.00 of the annual Budget Act.
Funding distributed pursuant to this section is in lieu of
reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution for the performance of all activities
specified in subdivision (d) as those activities pertain to school
districts and county offices of education. A school district, county
office of education, or charter school that submits a letter of
intent and receives block grant funding pursuant to this section
shall not also be eligible to submit a claim for reimbursement of
costs incurred for a mandated program set forth in subdivision (d)
for the fiscal year for which the block grant funding is received.
(c) Block grant funding provided to school districts, charter
schools, and county offices of education pursuant to this section is
subject to annual audits required by Section 41020 of the Education
Code.
(d) Block grant funding provided pursuant to this section to
individual school districts, charter schools, and county offices of
education is to support all of the following mandated programs:
(1) Absentee Ballots (CSM 3713; Chapter 77 of the Statutes of 1978
and Chapter 1032 of the Statutes of 2002).
(2) Academic Performance Index (01-TC-22; Chapter 3 of the
Statutes of 1999, First Extraordinary Session; and Chapter 695 of the
Statutes of 2000).
(2)
(3) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes
of 2001).
(3)
(4) AIDS Instruction and AIDS Prevention Instruction
(CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
1991; and Chapter 403 of the Statutes of 1998).
(4)
(5) California State Teachers' Retirement System
Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994;
Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of
the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter
939 of the Statutes of 1999; and Chapter 1021 of the Statutes of
2000).
(5)
(6) Caregiver Affidavits (CSM 4497; Chapter 98 of the
Statutes of 1994).
(6)
(7) Charter Schools I, II, and III (CSM 4437, 99-TC-03,
and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and
673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and
Chapter 78 of the Statutes of 1999).
(8) Child Abuse and Neglect Reporting (01-TC-21: Chapters 640 and
1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991;
Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of
1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754
of the Statutes of 2001).
(7)
(9) Collective Bargaining (CSM 4425; Chapter 961 of the
Statutes of 1975).
(8)
(10) Comprehensive School Safety Plans (98-TC-01 and
99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the
Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(9)
(11) Consolidation of Annual Parent
Notification/Schoolsite Discipline Rules/Alternative Schools (CSM
4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of
the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters
87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of
1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of
the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990;
Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of
1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of
the Statutes of 1998; Chapter 1 of the Statutes of 1999, First
Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter
650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and
Chapter 677 of the Statutes of 2005).
(10)
(12) Consolidation of Law Enforcement Agency
Notification and Missing Children Reports (CSM 4505; Chapter 1117 of
the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
1986; and Chapter 832 of the Statutes of 1999).
(11)
(13) Consolidation of Notification to Teachers: Pupils
Subject to Suspension or Expulsion I and II, and Pupil Discipline
Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(12)
(14) County Office of Education Fiscal Accountability
Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987;
Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the
Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323
of the Statutes of 1992; Chapters 923 and 924 of the Statutes of
1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525
of the Statutes of 1995).
(13)
(15) Criminal Background Checks (97-TC-16; Chapters 588
and 589 of the Statutes of 1997).
(14)
(16) Criminal Background Checks II (00-TC-05; Chapters
594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes
of 1999).
(15)
(17) Differential Pay and Reemployment (99-TC-02;
Chapter 30 of the Statutes of 1998).
(18) Expulsion of Pupil: Transcript Cost for Appeals (SMAS;
Chapter 1253 of the Statutes of 1975).
(16)
(19) Financial and Compliance Audits (CSM 4498 and CSM
4498-A; Chapter 36 of the Statutes of 1977).
(17)
(20) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
1184 of the Statutes of 1975).
(18)
(21) High School Exit Examination (00-TC-06; Chapter 1
of the Statutes of 1999, First Extraordinary Session; and Chapter 135
of the Statutes of 1999).
(19)
(22) Immunization Records (SB 90-120; Chapter 1176 of
the Statutes of 1977).
(20)
(23) Immunization Records--Hepatitis B (98-TC-05;
Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of
1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the
Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172
of the Statutes of 1994; Chapters 291 and 415 of the Statutes of
1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882
of the Statutes of 1997).
(24) Interdistrict Attendance Permits (CSM 4442; Chapters 172 and
742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989;
Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes
of 1992).
(21)
(25) Intradistrict Attendance (CSM 4454; Chapters 161
and 915 of the Statutes of 1993).
(22)
(26) Juvenile Court Notices II (CSM 4475; Chapters 1011
and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of
1994; and Chapter 71 of the Statutes of 1995).
(23)
(27) Mandate Reimbursement Process I and II (CSM 4204,
CSM 4485, and 05-TC-05; Chapter 486 of the Statutes of 1975).
(24)
(28) Notification of Truancy (CSM 4133; Chapter 498 of
the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and
Chapter 19 of the Statutes of 1995).
(25)
(29) Open Meetings/Brown Act Reform (CSM 4257 and CSM
4469; Chapter 641 of the Statutes of 1986; and Chapters 1136, 1137,
and 1138 of the Statutes of 1993).
(26)
(30) Physical Performance Tests (96-365-01; Chapter 975
of the Statutes of 1995).
(27)
(31) Prevailing Wage Rate (01-TC-28; Chapter 1249 of
the Statutes of 1978).
(28)
(32) Pupil Health Screenings (CSM 4440; Chapter 1208 of
the Statutes of 1976; Chapter 373 of the Statutes of 1991; and
Chapter 750 of the Statutes of 1992).
(29)
(33) Pupil Promotion and Retention (98-TC-19; Chapter
100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982;
Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of
1990; and Chapters 742 and 743 of the Statutes of 1998).
(30)
(34) Pupil Safety Notices (02-TC-13; Chapter 498 of the
Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948
of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter
332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992;
Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of
1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the
Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(31)
(35) Pupil Expulsions (CSM 4455; Chapter 1253 of the
Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of
the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter
498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984;
Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of
1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and
1257 of the Statutes of 1993; and Chapter 146 of the Statutes of
1994).
(32)
(36) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of
the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter
668 of the Statutes of 1978; and Chapter 498 of the Statutes of
1983).
(33)
(37) Pupil Suspensions (CSM 4456; Chapter 965 of the
Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of
the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter
856 of the Statutes of 1985; and Chapter 134 of the Statutes of
1987).
(34)
(38) School Accountability Report Cards (97-TC-21,
00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of
1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the
Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759
of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(35)
(39) School District Fiscal Accountability Reporting
(97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the
Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917
and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the
Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213
of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002
of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(36)
(40) School District Reorganization (98-TC-24; Chapter
1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of
1994).
(41) Student Records (02-TC-34; Chapter 593 of the Statutes of
1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the
Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(37)
(42) The best practices teacher evaluation system described in
Sections 44661 and 44662.
(43) The Stull Act (98-TC-25; Chapter 498 of the
Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(38)
(44) Threats Against Peace Officers (CSM 96-365-02;
Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes
of 1995).
(e) The Superintendent of Public Instruction shall compile a list
of all school districts, charter schools, and county offices of
education that received block grant funding in the prior fiscal year
pursuant to this section. This list shall include the total amount
each school district, charter school, and county office of education
received. The Superintendent of Public Instruction shall provide this
information to the appropriate fiscal and policy committees of the
Legislature, the Controller, the Department of Finance, and the
Legislative Analyst Office on or before September 9 of each year.
(f) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 18. Section 17581.6 is added to the
Government Code, to read:
17581.6. (a) Commencing with the 2012-13 fiscal year, funds
provided in Item 6110-296-0001 of Section 2.00 of the annual Budget
Act shall be allocated as block grants to school districts, charter
schools, and county offices of education to support all of the
mandated programs described in subdivision (d).
(b) (1) Notwithstanding any other law, each fiscal year a school
district or county office of education may receive funding for the
performance of the mandated activities listed in subdivision (d)
either through the block grant established pursuant to this section
or by claiming reimbursement pursuant to Section 17560. A school
district or county office of education that claims reimbursement for
any mandated activities pursuant to Section 17560 for mandated costs
incurred during a fiscal year shall not be eligible for funding
pursuant to this section for the same fiscal year.
(2) A school district and county office of education that elects
to receive block grant funding instead of seeking reimbursement
pursuant to Section 17560 shall, and any charter school that elects
to receive block grant funding shall, submit a letter of intent to
the Superintendent of Public Instruction on or before September 30 of
each year requesting block grant funding pursuant to this section.
The Superintendent of Public Instruction shall distribute funding
provided pursuant to subdivision (a) to school districts, charter
schools, and county offices of education pursuant to the rates set
forth in Item 6110-296-0001 of Section 2.00 of the annual Budget Act.
Funding distributed pursuant to this section is in lieu of
reimbursement pursuant to Section 6 of Article XIII B of the
California Constitution for the performance of all activities
specified in subdivision (d) as those activities pertain to school
districts and county offices of education. A school district, county
office of education, or charter school that submits a letter of
intent and receives block grant funding pursuant to this section
shall not also be eligible to submit a claim for reimbursement of
costs incurred for a mandated program set forth in subdivision (d)
for the fiscal year for which the block grant funding is received.
(c) Block grant funding provided to school districts, charter
schools, and county offices of education pursuant to this section is
subject to annual audits required by Section 41020 of the Education
Code.
(d) Block grant funding provided pursuant to this section to
individual school districts, charter schools, and county offices of
education is to support all of the following mandated programs:
(1) Absentee Ballots (CSM 3713; Chapter 77 of the Statutes of 1978
and Chapter 1032 of the Statutes of 2002).
(2) Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893
of the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(3) AIDS Instruction and AIDS Prevention Instruction (CSM 4422,
99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and
Chapter 403 of the Statutes of 1998).
(4) California State Teachers' Retirement System Service Credit
(02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634,
and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997;
Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of
1999; and Chapter 1021 of the Statutes of 2000).
(5) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of
1994).
(6) Chapter Schools I, II, and III (CSM 4437, 99-TC-03,
and99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and673
of the Statutes of 1998; Chapter 34 of the Statutes of 1998;and
Chapter 78 of the Statutes of 1999)
(7) Collective Bargaining (CSM 4425; Chapter 961 of the Statutes
of 1975).
(8) Comprehensive School Safety Plans (98-TC-01 and 99-TC-10;
Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of
1999; and Chapter 828 of the Statutes of 2003).
(9) Consolidation of Annual Parent Notification/Schoolsite
Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09,
00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the
Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of
the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter
459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of
1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of
the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters
10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of
1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the
Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998;
Chapter 1 of the Statutes of 1999, First Extraordinary Session;
Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of
2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the
Statutes of 2005).
(10) Consolidation of Law Enforcement Agency Notification and
Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of
1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter
832 of the Statutes of 1999).
(11) Consolidation of Notification to Teachers: Pupils Subject to
Suspension or Expulsion I and II, and Pupil Discipline Records
(00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(12) County Office of Education Fiscal Accountability Reporting
(97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters
1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes
of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the
Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993;
Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the
Statutes of 1995).
(13) Criminal Background Checks (97-TC-16; Chapters 588 and 589 of
the Statutes of 1997).
(14) Criminal Background Checks II (00-TC-05; Chapters 594 and 840
of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(15) Differential Pay and Reemployment (99-TC-02; Chapter 30 of
the Statutes of 1998).
(16) Financial and Compliance Audits (CSM 4498 and CSM 4498-A;
Chapter 36 of the Statutes of 1977).
(17) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of
the Statutes of 1975).
(18) High School Exit Examination (00-TC-06; Chapter 1 of the
Statutes of 1999, First Extraordinary Session; and Chapter 135 of the
Statutes of 1999).
(19) Immunization Records (SB 90-120; Chapter 1176 of the
Statutes of 1977).
(20) Immunization Records--Hepatitis B (98-TC-05; Chapter 325 of
the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter
472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991;
Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of
1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of
the Statutes of 1996; and Chapters 855 and 882 of the Statutes of
1997).
(21) Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of
the Statutes of 1993).
(22) Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423
of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and
Chapter 71 of the Statutes of 1995).
(23) Mandate Reimbursement Process I and II (CSM 4204, CSM 4485,
and 05-TC-05; Chapter 486 of the Statutes of 1975).
(24) Notification of Truancy (CSM 4133; Chapter 498 of the
Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter
19 of the Statutes of 1995).
(25) Open Meetings/Brown Act Reform (CSM 4257 and CSM 4469;
Chapter 641 of the Statutes of 1986; and Chapters 1136, 1137, and
1138 of the Statutes of 1993).
(26) Physical Performance Tests (96-365-01; Chapter 975 of the
Statutes of 1995).
(27) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes
of 1978).
(28) Pupil Health Screenings (CSM 4440; Chapter 1208 of the
Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter
750 of the Statutes of 1992).
(29) Pupil Promotion and Retention (98-TC-19; Chapter 100 of the
Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498
of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and
Chapters 742 and 743 of the Statutes of 1998).
(30) Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes
of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the
Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of
the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter
1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993;
Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of
1996; and Chapter 492 of the Statutes of 2000).
(31) Pupil Expulsions (CSM 4455; Chapter 1253 of the Statutesof
1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the
Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of
the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter
942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990;
Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of
the Statutes of 1993; and Chapter 146 of the Statutes of 1994).
(32) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the
Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of
the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
(33) Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes of
1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes
of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the
Statutes of 1985; and Chapter 134 of the Statutes of 1987).
(34) School Accountability Report Cards (97-TC-21, 00-TC-09,
00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter
912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994;
Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of
1992; and Chapter 1463 of the Statutes of 1989).
(35) School District Fiscal Accountability Reporting (97-TC-19;
Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of
1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of
the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988;
Chapter 525 of the Statutes of 1990; Chapter
1213 of the Statutes of 1991; Chapter 323 of the
Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993;
Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the
Statutes of 1995).
(36) School District Reorganization (98-TC-24; Chapter 1192 of
the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(37) The best practices teacher evaluation system described in
Sections 44661 and 44662.
(38) Threats Against Peace Officers (CSM 96-365-02; Chapter 1249
of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(e) The Superintendent of Public Instruction shall compile a list
of all school districts, charter schools, and county offices of
education that received block grant funding in the prior fiscal year
pursuant to this section. This list shall include the total amount
each school district, charter school, and county office of education
received. The Superintendent of Public Instruction shall provide this
information to the appropriate fiscal and policy committees of the
Legislature, the Controller, the Department of Finance, and the
Legislative Analyst Office on or before September 9 of each year.
(f) This section shall become operative on July 1, 2014.
SEC. 19. SEC. 20. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
SEC. 21. The amendments to Section 17581.6 of the
Government Code made by Section 19 of this act shall become operative
on July 1, 2014.