BILL NUMBER: AB 760 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Gordon
FEBRUARY 17, 2011
An act to amend Sections 8800, 8801, 8802, 8803, 8804, 8804.5,
8805, 8806, and 8807 of, to amend the headings of Article 2
(commencing with Section 8803) and Article 3 (commencing with Section
8805) of Chapter 5 of, and to amend the heading of Chapter 5
(commencing with Section 8800) of, Part 6 of Division 1 of Title 1
of, the Education Code, relating to community schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 760, as amended, Gordon. California Full-Service
Healthy Start Community Schools Act.
Existing law, the Healthy Start Support Services for Children Act,
requires the Superintendent of Public Instruction to award grants to
local educational agencies or consortia to fund programs in
qualifying schools that provide designated support services to
eligible pupils and their families. The act authorizes the issuance
of both planning grants and operational grants to local educational
agencies or consortia that provide support services, as defined, to
pupils and their families, and authorizes the issuance of county or
regional planning and coordinating grants to a specified number of
local educational agencies or consortia each year, for the purposes
of increasing the local planning and coordinating efforts among
school districts, county offices of education, county governments,
community organizations, and nonprofit organizations, as specified.
This bill would rename the act as the California
Full-Service Healthy Start Community Schools
Act, recast several of the provisions of the act, and make technical
and conforming changes. The bill would require proposals for grant
support to include commitments to carry out the programs to be
implemented by the grant from the governing boards of applicant local
educational agencies, relevant memoranda of understanding with any
local governmental agency partners, and plans for the phased
expansion of any districtwide or countywide expansion of a program.
The bill would also authorize the Superintendent to award
supplemental funds for direct service to local educational
agencies or consortia to address specific and serious service gaps
, and remove provisions that prohibit more
than 50% of each grant to be available for expenditure on direct
services, as specified .
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 heading of Chapter 5 (commencing with Section 8800)
of Part 6 of Division 1 of Title 1 of the Education Code is amended
to read:
CHAPTER 5. CALIFORNIA FULL-SERVICE
HEALTHY START COMMUNITY SCHOOLS ACT
SEC. 2. Section 8800 of the Education Code is amended to read:
8800. This chapter shall be known and may be cited as the
California Full-Service Healthy Start
Community Schools Act.
SEC. 3. Section 8801 of the Education Code is amended to read:
8801. The Legislature finds and declares all of the following:
(a) A large and growing number of California's children are not
learning enough in school to prepare them for full economic, social,
and civic participation in adult life, as evidenced by the following
statistics:
(1) Each year, between 59,000 and 72,000 children are born exposed
to drugs or alcohol.
(2) Currently 360,000 children are abused or neglected, according
to the juvenile courts and county welfare departments.
(3) Each year, a substantial number of parents have their parental
rights terminated by the courts.
(4) Seventy thousand children are presently placed with foster
care because of parental abuse or neglect or delinquent behavior.
(5) Out of an average class of 30 high school sophomores, any
eight pupils are on public assistance, any four speak no English, any
eight are at least two years behind in reading and math, any three
have grown up in public housing, any seven will not graduate, any
three will be teen parents, and any seven will not be employable.
(6) Sixty-one thousand children receive mental health services
annually.
(7) One million one hundred thousand children go to bed hungry
every night.
(b) The quality of life for all Californians is affected by these
conditions. These children, and often the children they have, impose
heavy costs on taxpayers by requiring special services, income
assistance, or incarceration or institutionalization. They are a
burden on the capacity of the state's economy to produce adequate
revenues and an adequate tax base.
(c) The causes of the problems children face are complex and
interdependent. Many families, especially those affected by poverty,
fail to provide the physical, emotional, and intellectual support
needed to ensure that their children are ready for school. Many
neighborhoods and larger communities lack the resources or
organization to support children. The schools' support services
either are not effective or have not effectively serviced a large
enough percentage of at-risk children.
(d) Because children spend so much of their time at school,
schools have been increasingly asked to provide a wide range of
health and social services to children, and many have attempted to
help parents as well. The capacity of schools to undertake these
roles must be increased.
(e) However, this service capacity should not be increased through
conventional, categorical approaches. Services to children and their
families can be most effectively provided through consortia which
include schools, other health and human service providers, parents,
and community groups. Collaboration is necessary and more effective
because the goals of school and community services are
interdependent; fragmentation of existing state and local services
otherwise inhibits their effectiveness; and community-based services
offer resources and competence that schools do not have. Both the
state and counties must develop policies and incentives to improve
collaboration at the local level.
(f) Therefore, it is the intent of the Legislature that by
implementing the California Full-Service
Healthy Start Community Schools Act, children in need of
assistance to overcome the barriers to healthy, productive lives be
given assistance in all of the following ways:
(1) By creating a learning environment that is optimally
responsive to the physical, emotional, and intellectual needs of each
child.
(2) By fostering interagency collaboration and communication at
the local level to more efficiently and effectively deliver human
support services to children and their families.
(3) By encouraging the full use of existing agencies, professional
personnel, and public and private funds to ensure that children are
ready and able to learn, and to prevent duplication of services and
unnecessary expenditures.
(4) By encouraging the development of a local interagency
oversight mechanism that includes a records system to evaluate cost
and effectiveness, and the development of a process of
self-assessment of those records and the way in which they are used,
to improve the effectiveness of services.
SEC. 4. Section 8802 of the Education Code is amended to read:
8802. For the purposes of this chapter, the following definitions
apply:
(a) "Consortium" means two or more local educational agencies.
(b) "Cooperating agency" means any federal, state, or local public
or private nonprofit agency that agrees to offer support services at
a schoolsite through a program implemented under this chapter.
(c) "Council" means the California Full-Service
Healthy Start Community Schools Program Council.
(d) "Lead agency" means the State Department of Education.
(e) "Local educational agency" means a school district or county
office of education.
(f) "Private partner" means a private business or foundation that
provides financial assistance or otherwise assists a support services
program operated under this chapter.
(g) "Qualifying school" means a school that is any of the
following:
(1) A school that maintains kindergarten or any of grades 1 to 6,
inclusive, in which 50 percent or more of the enrolled pupils either
(A) are from families that receive benefits from the Aid to Families
with Dependent Children program or any successor program, have
limited English proficiency, as identified pursuant to Section 52163,
or both, or (B) are eligible to receive free or reduced-price meals
under Section 49552.
(2) A school that maintains any of grades 7 to 12, inclusive, in
which 35 percent or more of the enrolled pupils either (A) are from
families that receive benefits from the Aid to Families with
Dependent Children program or any successor program, have limited
English proficiency, as identified pursuant to Section 52163, or
both, or (B) are eligible to receive free or reduced-price meals
under Section 49552.
(3) A school that does not satisfy the criteria in paragraph (1)
or (2) but that demonstrates other factors that warrant its
consideration, including, for example, exceptional need, potential to
serve as a model program, or service to a particular target
population. No more than 10 percent of the schools that participate
in the program established by this chapter may be schools that
qualify under this paragraph. A school that receives a grant under
this paragraph shall ensure that the following pupils in that school
are given priority to receive services provided with the grant money:
(A) are from families that receive benefits from the Aid to Families
with Dependent Children program or any successor program, have
limited English proficiency, as identified pursuant to Section 52163,
or both, or (B) are eligible to receive free or reduced-price meals
under Section 49552.
(h) "Secretary" means the Secretary of Child Development
and for Education.
(i) "Agency secretary" means the Secretary of the Health
and Welfare Agency California Health and Human
Services .
(j) "Superintendent" means the Superintendent of Public
Instruction.
(k) "Support services" means services that will enhance the
physical, social, emotional, and intellectual development of children
and their families.
SEC. 5. The heading of Article 2 (commencing with Section 8803) of
Chapter 5 of Part 6 of Division 1 of Title 1 of the Education Code
is amended to read:
Article 2. California Full-Service
Healthy Start Community Schools Program Council and Grant
Program
SEC. 6. Section 8803 of the Education Code is amended to read:
8803. (a) In order to encourage the integration of children's
services, it is the intent of the Legislature to promote interagency
coordination and collaboration among the state agencies responsible
for the provision of support services to children and their families.
(b) The California Full-Service Healthy
Start Community Schools Program Council is hereby established
to replace the Healthy Start Support Services for Children Program
Council. The California Full-Service Healthy
Start Community Schools Program Council shall operate in
accordance with all of the following:
(1) Members of the council shall include the Superintendent, the
agency secretary, the secretary, and the directors of the State
Department of Health Care Services, the State Department
of Social Services, the State Department of Alcohol and Drug
Programs, and the State Department of Mental Health, or designated
representatives thereof.
(2) Duties of the council shall include all of the following:
(A) Developing, promoting, and implementing policy supporting the
California Full-Service Healthy Start
Community Schools Grant Program.
(B) Assisting the lead agency in reviewing grant applications
submitted to the lead agency and providing the lead agency with
recommendations for awarding grants pursuant to Section 8804.
(C) Soliciting input regarding program policy and direction from
individuals and entities with experience in the integration of
children's services.
(D) Assisting the lead agency in fulfilling its responsibilities
under this chapter.
(E) Providing recommendations to the Governor, the Legislature,
and the lead agency regarding the California Full-Service
Healthy Start Community Schools Grant Program.
(F) At the request of the Superintendent, assisting the local
educational agency or consortium in planning and implementing this
program, including assisting with local technical assistance, and
developing agency collaboration.
SEC. 7. Section 8804 of the Education Code is amended to read:
8804. The Superintendent shall award grants to a local
educational agency or consortium to pay the costs of planning and
coordination activities, on behalf of one or more qualifying schools
within the local educational agency or consortium, relating to
programs that provide support services to pupils and their families
at or near the school, as follows:
(a) Grants shall be awarded by the Superintendent based upon the
recommendations of the council and pursuant to this section.
(b) Three types of grants may be awarded to applicant local
educational agencies or consortia, depending upon the level of
readiness of that applicant to implement a program pursuant to this
chapter. The Superintendent shall issue requests for applications for
awarding the grants, which shall specify maximum dollar amounts for
which each type of grant may be awarded. The requests for
applications also shall specify other criteria, as required by this
article. A grant request shall include a commitment to carry out the
program to be implemented by the grant from the governing board of
any applicant local educational agency, as well as relevant memoranda
of understanding with any local governmental agency partners. The
Superintendent shall award those grants as follows:
(1) Planning grants may be awarded to local educational agencies
or consortia that have demonstrated a need to implement a program,
but that are not ready to begin the operation of the program, or that
are in need of additional planning to expand existing support
services programs. If applicable, proposals included in the
application shall outline plans for the phased expansion of any
program districtwide or countywide. Planning grants shall be no more
than fifty thousand dollars ($50,000) , and shall be
awarded for a period not to exceed two years. Upon completion of the
planning phase, the local educational agency or consortium shall be
eligible to apply for and may receive an operational grant.
(2) Operational grants may be awarded to local educational
agencies or consortia that have demonstrated readiness to begin
operation of a program or to expand existing support services
programs. Operational grants shall supplement, not supplant, existing
services and funds, and shall be awarded for a period not to exceed
five years. The use of these funds shall be limited to coordination
activities either at the site or at the community or district level.
(3) Supplemental funds may be awarded to
for direct service to a local educational agency or consortium
to address a specific and serious service gap. A request for
supplemental funds shall include a plan for evaluating the impact of
providing the new service and for paying for the service once the
grant has ended.
(A) Operational grants shall be awarded for no more than three
hundred thousand dollars ($300,000). No more than 50 percent
of each grant shall be available for expenditure on direct services,
as long as the grant application contains a three-year plan to
significantly reduce or to eliminate agency reliance on funding
provided under this article for direct services. Direct services do
not include salaries for staff who are developing or implementing the
program.
(B) Recipients of operational grants may also receive one-time
startup grants, which may be used, among other things, for purchasing
equipment, hiring staff, designing a program evaluation, or hiring a
consultant. Startup grants shall be awarded for not more than one
hundred thousand dollars ($100,000).
(4) If a local educational agency or consortium submits an
application for an operational grant on behalf of a school that does
not meet the criteria specified in subdivision (g), (h), (i), or (j),
the Superintendent may offer the applicant a planning grant,
provided that the local educational agency or consortium has not
received previously a planning grant on behalf of that school.
(c) All grants awarded under this article shall be matched by the
participating local educational agency or consortium and its
cooperating agencies with one dollar ($1) for each four dollars ($4)
awarded. The match shall be contributed in cash or as services or
resources of comparable value. It is the intent of the Legislature
that participants seek and utilize private funds or resources for
this purpose. The Superintendent may waive the match requirement upon
verifying that the local educational agency or consortium made a
substantial effort to secure a match but was unable to secure the
required match.
(d) The Superintendent shall award grants pursuant to this article
to local educational agencies or consortia in northern, central, and
southern California, in urban, suburban, and rural areas. To the
extent possible, the grants shall be awarded for programs
representative of the ethnic and linguistic diversity of schoolage
pupils and their families. Further, to the extent possible, 50
percent of the grants shall be awarded to schools serving elementary
school pupils and 50 percent to schools serving junior and senior
high school pupils.
(e) Of the schools that receive grants each year, not more than 10
percent may be selected based on the criteria identified in
paragraph (3) of subdivision (g) of Section 8802.
(f) A local educational agency or consortium is eligible for a
grant under this article, on behalf of one or more schools operated
by the agency or consortium, if it demonstrates in its program plan
that it:
(1) Will give priority for services provided under this chapter to
pupils from low-income families.
(2) Will assist families in responding to support services needs
of pupils.
(3) Has established the local agency collaboration process
described in Article 4 (commencing with Section 8806), including a
mechanism for sharing governance with cooperating agencies and
entities, and for integrating or redirecting existing resources and
other school support services.
(4) Has submitted or is submitting an application to the State
Department of Public Health for certification as a Medi-Cal provider,
pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code.
(5) Involves parents or guardians and teachers in the process of
identifying pupils' service needs and in the planning for and
provision of support services.
(g) For purposes of this chapter, support services shall include
case-managed health, mental health, social, and academic support
services benefiting children and their families, and may include, but
are not limited to:
(1) Health care, including:
(A) Immunizations.
(B) Vision and hearing testing and services.
(C) Dental services.
(D) Physical examinations, diagnostic, and referral services.
(E) Prenatal care.
(2) Mental health services, including primary prevention, crisis
intervention, assessments, and referrals, and training for teachers
in the detection of mental health problems.
(3) Substance abuse prevention and treatment services.
(4) Family support and parenting education, including child abuse
prevention and schoolage parenting programs.
(5) Academic support services, including tutoring, mentoring,
employment, and community service internships, and inservice training
for teachers and administrators. However, grants for these purposes
shall supplement, not supplant, existing resources in these areas.
(6) Counseling, including family counseling and suicide
prevention.
(7) Services and counseling for children who experience violence
in their communities.
(8) Nutrition services.
(9) Youth development services, including tutoring, mentoring,
recreation, career development, and job placement.
(10) Case management services.
(11) Provision of onsite Medi-Cal eligibility workers.
(h) A local educational agency or consortium may contract with
other entities, including county agencies and private nonprofit
organizations or private partners, to provide services to pupils and
their families.
(i) (1) Each local educational agency or consortium seeking a
grant under this article shall submit an application to the
Superintendent at a time and manner, and with any appropriate
information, as the Superintendent may reasonably require.
(2) Each grant application submitted shall include all of the
following:
(A) A description of the proposed programs, including four or more
support services expected to be provided at the schoolsite or at a
site near, or adjacent to, the school.
(B) A description of how the proposed programs will relate to, or
will be integrated into, the school system governance
structure structure, such as schoolsite councils or
school improvement plans .
(C) Documentation of need for participation in the
California Full-Service Healthy Start Community
Schools Grant Program.
(D) Documentation of need for planning assistance, program
operation support, or both.
(E) As to any operational grant application, a description of the
objectives of the program, the amount and sources of required
funding, the existing resources to be used or redirected, the
priorities for development and timing of the program, the agencies
responsible for the implementation of the program, and the procedures
for the evaluation of the program.
(F) A description of how the proposed programs will be integrated
into existing health and human services initiatives, such as
differential response efforts, Mental Health Services Act planning,
local First 5 California initiatives, or existing family resource
centers.
(3) The program plan submitted with an operational grant
application shall include all of the following:
(A) Provisions for data collection and recordkeeping, including
records of the population served, the components of the service, the
results of the service, and costs, including startup, direct, and
indirect costs, including those to other agencies, and cost savings.
(B) A service evaluation component, including input, process, and
outcome indicators, quality assessment, and the process by which
these measures will be taken. In addition, the plan shall include
specific targets and outcome measures.
(C) A specific governing mechanism by which the plan will be
implemented, including local decisionmaking responsibilities,
organizational needs, anticipated problems and procedures to solve
them, and incentives for collaboration and participation incentives
to personnel.
(D) A specific system for the provision of case management
services, including procedures for implementation, identification of
the target population, anticipated outcomes, and a list of existing
services, resources, and programs that will be used as components of
the program.
(E) A specific explanation of how any Medi-Cal administrative
activities (MAA) reimbursements might be reinvested into the program.
(4) In the case of a consortium, a list of its members.
(5) The grant application also shall document any procedures that
have been, or will be, taken to designate the local educational
agency as a Medi-Cal provider pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code.
(6) A description of technical assistance, professional growth,
and development needs, if any.
(7) A description of the proposed plan for family involvement in
the program.
(8) A description of the population anticipated to be served.
(9) As to any planning grant application, a plan describing how
the proposed program will be implemented after the grant has expired.
(j) Grants awarded pursuant to this article may be used for
salaries of staff responsible for developing or implementing the
program plan and administrative support staff, equipment and
supplies, training, and insurance, pursuant to subdivision (b).
(k) (1) No more than 10 percent of the amount appropriated in a
fiscal year for the purposes of this chapter may be used by the
Superintendent for state-level administration of this chapter,
including evaluation and technical assistance. Technical assistance
includes, but is not limited to, establishing interagency
collaboration, providing information dissemination and referrals,
including information about appropriate program models,
information about appropriate public funding models, conducting
site visits, and convening workshops to assist in the implementation
of a program developed pursuant to this chapter.
(2) Of the amount provided in the annual Budget Act for
state-level administration, up to 75 percent may be used for the
purpose of outreach and technical assistance to local educational
agencies. The remainder shall be used for state-level program
administration.
(3) The Superintendent shall ensure that adequate resources are
available to conduct an evaluation pursuant to Section 8805.
( l ) In any fiscal year in which funding is available,
grants shall be awarded according to the following schedule:
(1) The Superintendent shall issue requests for applications on or
before November 1.
(2) Grant applications shall be submitted to the Superintendent on
or before March 1.
(3) The Superintendent shall award grants on or before May 15.
SEC. 8. Section 8804.5 of the Education Code is amended to read:
8804.5. (a) The Legislature finds and declares that, as the
number of planning and operational grants awarded pursuant to this
chapter increases, additional local planning and coordinating efforts
will be necessary among school districts, county offices of
education, county governments, community organizations, and nonprofit
organizations for all of the following reasons:
(1) To avoid the duplication of efforts among agencies that
administer the grants.
(2) To develop linkages between several school districts,
individual county agencies, statewide organizations, or nonprofit
organizations.
(3) To disseminate training and technical assistance materials
developed by the department and other involved organizations.
(4) To plan for, and ensure, the continued ability of local
educational agencies or consortia to provide support services with an
operational grant, including planning and supporting the funding of
those services beyond the three-year grant period through such means
as Medi-Cal.
(5) To plan for, and ensure, the expansion of support services
provided with an operational grant through creative refinancing
options and the provision of comprehensive, integrated school-linked
services to sites that do not receive planning or operational grants.
(b) From funds appropriated in the annual Budget Act for the
California Full-Service Healthy Start
Community Schools Act, the department may award county or regional
planning and coordinating grants to no more than 11 local educational
agencies or consortia each year, to be used for the purposes
enumerated in subdivision (a). Each grant shall be for an amount not
to exceed fifty thousand dollars ($50,000). The total amount of
grants awarded annually pursuant to this section shall not exceed
five hundred fifty thousand dollars ($550,000). The duration of each
grant shall be mutually agreed upon by the grantee and the
department.
(c) In awarding grants for the purposes of this section, the
department shall give priority to local educational agencies or
consortia that possess one or more of the following:
(1) An established capacity for leadership in the community and an
ability to engage in local problem solving and to creatively
approach the restructuring of service delivery methods.
(2) A demonstrated ability to work with and among service delivery
agencies and systems, including county mental health, health,
probation, and social service systems.
(3) The capacity to support county and regional planning and
coordination efforts to be more responsive to the needs of children
and their families in providing support services.
(4) Knowledge of the most effective strategies for refinancing
grants and for integrating services between and among agencies.
(d) A local educational agency or consortia
consortium shall collaborate with local service delivery
agencies and existing collaborative councils in implementing a grant
received pursuant to this section.
SEC. 9. The heading of Article 3 (commencing with Section 8805) of
Chapter 5 of Part 6 of Division 1 of Title 1 of the Education Code
is amended to read:
Article 3. California Full-Service
Healthy Start Community Schools Grant Program Evaluations and
Reports
SEC. 10. Section 8805 of the Education Code is amended to read:
8805. The Legislature finds that an evaluation of plan
effectiveness is both desirable and necessary, and accordingly
requires the following:
(a) No later than January 1 of the year following a full year of
operation, each local educational agency or consortium that receives
an operational grant under this chapter shall submit a report to the
Superintendent that includes:
(1) An assessment of the effectiveness of that local educational
agency or consortium in achieving stated goals in the planning and/or
operational phase.
(2) Problems encountered in the design and operation of the
California Full-Service Healthy Start
Community Schools Grant Program plan, including identification of any
federal, state, or local statute or regulation that will impede
program implementation.
(3) Recommendations for ways to improve delivery of support
services to pupils.
(4) The number of pupils who will receive support services who
previously have not been served.
(5) The potential impact of the program on the local educational
agency or the consortium, including any anticipated increase in
school retention and achievement rates of pupils who receive support
services.
(6) An accounting of anticipated local budget savings, if any,
resulting from the implementation of the program.
(7) Client and practitioner satisfaction.
(8) The ability, or anticipated ability, to continue to provide
services in the absence of future funding under this chapter, by
allocating resources in ways that are different from existing
methods.
(9) Increased access to services for pupils and their families.
(10) The degree of increased collaboration among participating
agencies and private partners.
(11) If the local educational agency or consortium received
certification as a Medi-Cal provider, the extent to which the
certification improved access to needed services.
(12) Improvements in average daily attendance as well as
individual attendance for pupils who have directly benefited from
program services.
(b) Additional annual evaluations may be required as designated by
the Superintendent.
SEC. 11. Section 8806 of the Education Code is amended to read:
8806. (a) Each local educational agency or consortium applying
for a grant under this chapter shall establish procedures to ensure
on-going consultation and collaboration with local agencies for the
purposes set forth in subdivision (c). The consultation and
collaboration process shall involve, at a minimum, parents or
guardians and teachers of pupils of qualifying schools and
representatives of each member agency or private partner who will
provide, or is anticipated to provide, services pursuant to this
chapter.
(b) If the local educational agency or consortium is located
within a county that has established an interagency children's
services coordinating council pursuant to Chapter 12.8 (commencing
with Section 18986) of Part 6 of Division 9 of the Welfare and
Institutions Code, any California Full-Service
Healthy Start Community Schools Grant Program proposal
submitted under this chapter first shall be approved by that council.
The implementation of any program developed pursuant to this chapter
shall be subject to the regular review of the interagency children's
services coordinating council. The local educational agency or
consortium may engage in those activities authorized pursuant to
Article 3 (commencing with Section 18986.20) of Chapter 12.8 of Part
6 of Division 9 of the Welfare and Institutions Code ,
provided that the interagency children's services coordinating
council first approves those activities. The interagency children's
services coordinating council or its members may be designated to
fulfill the responsibilities of the consultation and collaboration
process required by this article.
(c) Responsibilities of individuals designated for consultation
and collaboration by the local educational agency or consortium shall
include, but not be limited to, the following:
(1) Participate in the development of the program during the
planning stages.
(2) Participate with the local educational agency or consortium in
the design and operation of the program.
(3) Facilitate communication between the local educational agency
or consortium and state, local, and community-based organizations
providing support services to children.
(4) Make recommendations to appropriate organizations regarding
ways to improve delivery of support services to children, and in the
most cost-effective manner.
SEC. 12. Section 8807 of the Education Code is amended to read:
8807. (a) The State Department of Education is required to
implement this chapter only to the extent that funds are apportioned
for that purpose under the annual Budget Act, or are made available
to the department for the purposes of this chapter from federal
sources. It is the intent of the Legislature that the Superintendent,
in consultation with the secretary and the agency secretary, seek
and utilize any federal funds that may be made available for the
purposes of this chapter.
(b) All money appropriated by the Legislature to the
Superintendent for purposes of the California Full-Service
Healthy Start Community Schools Act, shall be
allocated by the Superintendent to local educational agencies or
consortia that have been selected to participate in the grant
program. Any amount not allocated during a fiscal year may be carried
over to the subsequent fiscal year. In order to ensure that those
local educational agencies or consortia that receive planning grants
will be eligible to receive operational grants, a portion of any
funds appropriated during a fiscal year may be reserved for
allocation as operational grants in future fiscal years.
(c) Any funds that are not expended by a local educational agency
or consortium by the end of the three-year period of the grant shall
be returned to the state, except under the following circumstances:
(1) A local educational agency or consortium that received an
operational grant may retain up to twenty-five thousand dollars
($25,000) of any amount not expended within the three-year period of
the grant.
(2) The expenditure of any funds retained pursuant to paragraph
(1) shall be for a one-year period , and shall be used
exclusively to continue the program operations consistent with the
original grant. Retention of funds pursuant to paragraph (1) shall be
contingent on approval by the department of an expenditure plan
submitted by the local educational agency or consortium.
(d) To the extent permitted by federal law, any funding made
available to a local educational agency or consortium shall be
subject to all of the following conditions:
(1) The program is open to children without regard to any child's
religious beliefs or any other factor related to religion.
(2) No religious instruction is included in the program.
(3) The space in which the program is operated is not used in any
manner to foster religion during the time used for operation of the
program.