BILL NUMBER: SB 942 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Education (Senators Lowenthal (Chair),
Alquist, Blakeslee, Hancock, Huff, Liu, Price, Runner, Simitian, and
Vargas)
MARCH 24, 2011
An act to amend Sections 52055.720, 52055.730, 52055.760,
52055.770, and 69984 of, to repeal Article 3.8 (commencing with
Section 32239.5) of Chapter 2 of Part 19 of Division 1 of Title 1 of,
to repeal Article 3.5 (commencing with Section 52360) of Chapter 9
of Part 28 of Division 4 of Title 2 of, and to repeal Chapter 8.6
(commencing with Section 52270) and Chapter 16 (commencing with
Section 53050) of Part 28 of Division 4 of Title 2 of, the Education
Code, relating to the Secretary for Education.
LEGISLATIVE COUNSEL'S DIGEST
SB 942, as introduced, Committee on Education. Secretary for
Education.
(1) Existing law, the Machado School Violence Prevention and
Response Act of 1999, establishes the School Violence Prevention and
Response Task Force and makes the Secretary for Education, among
others, an ex officio voting member. The task force is required to
hold at least 2 public meetings, make recommendations on how to
enhance state and local programs and training to adequately prepare
school districts and county offices of education regarding disruptive
and violent acts on or near school campuses, suggest methods for
training school personnel regarding risk factors that lead to
violence, and analyze and evaluate statutes and programs on
school-based crisis prevention and response.
This bill would eliminate the task force.
(2) Existing law, the Quality Education Investment Act of 2006
(QEIA), requires the Superintendent of Public Instruction to identify
and invite school districts and chartering authorities that have
eligible schools to participate in the QEIA program and receive funds
to improve academic instruction and pupil academic achievement by
agreeing to comply with specified program requirements. Existing law
gives the Secretary for Education various duties with respect to the
program.
This bill would eliminate the secretary's duties with regard to
the QEIA program.
(3) Existing law establishes the Education Technology Grant
Program to provide one-time grants to school districts and charter
schools for purposes of acquiring computers for instructional
purposes at public schools and requires the Office of the Secretary
for Education to administer the application process for the award of
grants.
This bill would repeal the program.
(4) Existing law establishes the Industry-Based Certification
Incentive Grant Program for the purpose of awarding grants to
selected school districts, county offices of education, and regional
occupational centers and programs to establish industry-based
certification programs within their career technical programs.
Existing law requires the State Department of Education, in
consultation with the Secretary for Education, to administer the
program.
This bill would repeal the program.
(5) Existing law establishes the Governor's Reading Award Program,
a grant program for school districts that maintain kindergarten or
any of grades 1 to 8, inclusive, and requires the Secretary for
Education to administer the program on behalf of the Governor.
Existing law requires the Secretary for Education, subject to the
availability of funding, to contract for the development and
establishment of a public involvement campaign to inform Californians
that promoting reading in the public schools as a key to success in
life is the responsibility of all Californians.
This bill would repeal the Governor's Reading Award Program and
the requirement that the secretary contract for the public
involvement campaign.
(6) Existing law creates an instrumentality of the state that is
known as the Golden State Scholarshare College Savings Trust and
vests the purposes, powers, and duties of the Scholarshare trust in
the Scholarshare Investment Board. Existing law makes the Secretary
of Education a member of the board.
This bill would eliminate the secretary as a member of the board.
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. Article 3.8 (commencing with Section 32239.5) of
Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code
is repealed.
SEC. 2. Section 52055.720 of the Education Code is amended to
read:
52055.720. (a) For purposes of this article, the following
definitions apply:
(1) "Academic Performance Index" or "API" means the Academic
Performance Index established under Section 52052.
(2) "CBEDS" means the California Basic Educational Data System.
(3) "Funded school" means a school that is within a school
district or chartering authority, receives funds allocated under this
article, and complies with all applicable interim programs and
alternative requirements described in this article.
(4) The "High Priority Schools Grant Program" or "HPSGP" means the
High Priority Schools Grant Program established under Article 3.5
(commencing with Section 52055.600).
(5) "Secretary" means the Secretary for Education.
(6)
(5) "Superintendent" means the Superintendent of Public
Instruction.
(b) Public schools and charter schools that are ranked in either
decile 1 or 2 on the 2005 Academic Performance Index are eligible to
receive funds under this article.
(c) A school that is funded under the High Priority Schools Grant
Program, has not met the annual growth target requirements under
Section 52055.650, and is designated as a state sanctioned school is
eligible to be funded under this article if the school undergoes a
rigorous review directed by the Superintendent.
(d) A school that is funded under the High Priority Schools Grant
Program, and has met or is meeting the requirements of Section
52055.650, is eligible to receive funding under this article and the
HPSGP if the school agrees to meet all accountability requirements of
both programs.
(e) A school that is funded under this article and continues to
meet the program and achievement requirements of this article shall
be funded annually through the 2013-14 fiscal year.
(f) The funds appropriated pursuant to this article may be
expended for any purpose identified under the schoolsite's Single
Plan for Pupil Achievement established under Section 64001.
SEC. 3. Section 52055.730 of the Education Code is amended to
read:
52055.730. (a) The Superintendent shall identify and invite
school districts and chartering authorities that have eligible
schools to participate in the program established under this article.
(b) The Superintendent shall notify school districts and
chartering authorities at the earliest possible date of all of the
following:
(1) Schoolsites in the district or of a chartering authority that
are eligible to receive funding pursuant to this article.
(2) The program and accountability requirements for schools that
receive funding pursuant to this article.
(3) The deadlines for the submission of documents necessary to
receive funding pursuant to this article.
(4) Any other information the Superintendent deems necessary to
implement this article.
(c) The Superintendent shall specify the manner in which school
districts and chartering authorities shall submit applications to
receive funding pursuant to this article. It is the intent of the
Legislature that this submission process be as simple as possible,
use easily available data, and include the requirements of this
article.
(d) On or before June 30, 2007, the Superintendent, in
consultation with interested parties, shall develop a uniform process
that can be used to calculate average experience for purposes of
reporting, analyzing, or evaluating the distribution of classroom
teaching experience in grades, schoolsites, or subjects across the
district. The uniform process shall include an index that uses the
2005-06 California Basic Educational Data System (CBEDS) Professional
Assignment Information Form (PAIF), including any necessary
corrections, as the base-reporting year to evaluate annual
improvements of the funded schools toward balancing the index of
teaching experience. The index shall be approved by the
Superintendent. The uniform process shall designate teaching
experience beyond 10 years as 10 years.
(e) The Superintendent shall make applications submitted
pursuant to subdivision (c) available for review by the secretary.
The Superintendent and the secretary shall review the
applications and select the schools for recommendation to the state
board within 30 days after the date the application is submitted to
the Superintendent.
(f) After reviewing applications submitted pursuant to subdivision
(c), the Superintendent and the secretary, jointly,
shall submit their the
recommendations for schools to be funded to the state board for
approval. The recommendations shall ensure a wide geographic
distribution of funded schools across urban, rural, and suburban
areas of the state. Schools selected should also represent a diverse
distribution of grade levels. If the Superintendent and the
secretary cannot complete the review and recommendation process in
the time provided, the Superintendent shall submit recommendations to
the board.
(g) To the maximum extent possible the Superintendent ,
the secretary, and the state board shall recommend and
approve sufficient schools to use all available funds. A school
selected in the first year shall continue in the program unless it is
terminated pursuant to subdivision (c) of Section 52055.740, it
declines to participate, or there is evidence of fraud or fiscal
irregularities.
(h) In approving the recommendations for funding from the
Superintendent and the secretary , the state board
shall also shall verify that the
funded schools represent the required balance, geographic
distribution, and diverse distribution of grade levels.
(i) The Superintendent shall perform the duties of a county
superintendent of schools pursuant to this article for funded schools
in those counties in which a single school district operates. The
Superintendent may delegate this responsibility to a county
superintendent of schools in the region in which the single district
county is located.
(j) The Superintendent and the secretary may
select not more than two county offices of education to provide
regional technical support, document best practices, and provide
information regarding those practices and other support information
to schools, school districts, and chartering authorities. It is the
intent of the Legislature that these activities be merged to the
maximum extent feasible with other state and federally funded
activities with similar requirements.
SEC. 4. Section 52055.760 of the Education Code is amended to
read:
52055.760. (a) A school district or chartering authority may
apply for authority from the Superintendent to use alternative
program requirements if the district or authority demonstrates that
compliance with alternative program requirements would provide a
higher level of academic achievement among pupils than compliance
with the interim and program requirements of this article.
(b) Alternative program requirements may be used to serve no more
than 15 percent of the pupils funded pursuant to this article.
Alternative programs shall serve the entire school.
(c) A school district or chartering authority may use alternative
program requirements at a funded school if all the following criteria
are satisfied:
(1) The proposed alternative requirements are based on reliable
data and are consistent with sound scientifically based research
consistent with subdivision (j) of Section 44757.5 on effective
practices.
(2) The costs of complying with the proposed alternative
requirements do not exceed the amount of funding received by the
school district or chartering authority pursuant to this article.
(3) Funded schools agree to comply with the alternative program
requirements and be subject to the termination procedures specified
in subdivision (c) of Section 52055.740. Funded schools with
alternative programs shall also be required to exceed the API growth
target for the school averaged over the first three fully funded
years and annually thereafter.
(4) The Superintendent and the secretary have jointly
has reviewed the proposed alternative funded
schools of the school district or chartering authority for purposes
of this section and have recommended to the state board for its
approval those schools, using the same process as for the regular
program recommendations.
(d) The Superintendent shall give priority for approval of schools
with alternative programs to any school serving any of grades 9 to
12, inclusive, that has demonstrated to the satisfaction of the
Superintendent and the secretary that the school
cannot decrease class sizes as required under this article due to
extraordinary issues relating to facilities, or due to the adverse
impact of the requirements of this program, if implemented in the
school, on the eligibility of the school district for state school
facility funding.
SEC. 5. 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 (f):
(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 to 2014-15 fiscal years,
inclusive, 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).
(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.
(C) Commencing with the 2010-11 fiscal year, payments made
pursuant to subparagraphs (A) and (B) shall be made only on or after
October 8 of each fiscal year.
(d) For the 2013-14 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 to fund this article 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 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 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 fiscal year, commencing with the 2011-12 fiscal year,
to the 2014-15 fiscal year, inclusive, the sum transferred pursuant
to subparagraph (A) of paragraph (2) of subdivision (c) shall be
allocated by the Chancellor of the California Community Colleges as
follows: Forty-eight million dollars ($48,000,000) 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.
(g) The appropriations made under subdivision (c) 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 the 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) 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) 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
secretary , 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 provision of 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 available for
reappropriation only 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 State Department of
Education to fund 3.0 positions to implement this article. Funding
provided under this subdivision is not part of funds provided
pursuant to subdivision (c).
SEC. 6. Chapter 8.6 (commencing with Section 52270) of Part 28 of
Division 4 of Title 2 of the Education Code is repealed.
SEC. 7. Article 3.5 (commencing with Section 52360) of Chapter 9
of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.
SEC. 8. Chapter 16 (commencing with Section 53050) of Part 28 of
Division 4 of Title 2 of the Education Code is repealed.
SEC. 9. Section 69984 of the Education Code is amended to read:
69984. (a) (1) The board shall segregate moneys received by the
Scholarshare trust into two funds, which shall be identified as the
program fund and the administrative fund. Notwithstanding Section
13340 of the Government Code, the program fund is hereby continuously
appropriated, without regard to fiscal years, to the board for the
purposes of this article. Funds in the administrative fund shall be
available for expenditure, upon appropriation, for the purposes
specified in this article.
(2) (A) The board shall separately account for any moneys received
by an entity exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code or a state or local government agency,
depositing the money for the benefit of a beneficiary to be named
later pursuant to the operation of a bona fide scholarship program.
(B) There is hereby created the Scholarshare Investment Board,
that consists of the Treasurer, the Director of Finance, the
Secretary of Education, a member of the Student Aid
Commission appointed by the Governor, a member of the public
appointed by the Governor, a representative from a California public
institution of higher education appointed by the Senate Committee on
Rules, and a representative from a California independent college or
university or a state-approved college, university, or
vocational/technical school appointed by the Speaker of the Assembly.
The Treasurer shall serve as chair of the board. The board shall
annually prepare and adopt a written statement of investment policy.
The board shall consider the statement of investment policy and any
changes in the investment policy at a public hearing. The board shall
approve the investment management entity or entities consistent with
subparagraph (D).
(C) Not later than 30 days after the close of each month, the
investment manager shall place on file for public inspection during
business hours a report with respect to investment performance. The
investment manager shall report the following information, to the
extent applicable, to the board within 30 days following the end of
each month:
(i) The type of investment, name of the issuer, date of maturity,
par and dollar amount invested in each security, investment, and
money within the program fund.
(ii) The weighted average maturity of the investments within the
program fund.
(iii) Any amounts in the program fund that are under the
management of an investment manager.
(iv) The market value as of the date of the report and the source
of this valuation for any security within the program fund.
(v) A description of the compliance with the statement of
investment policy.
(D) Moneys in the program fund may be invested or reinvested by
the Treasurer or may be invested in whole or in part under contract
with an investment manager, as determined by the board.
(b) Transfers may be made from the program fund to the
administrative fund for the purpose of paying operating costs
associated with administering the Scholarshare trust and as required
by this article. On an annual basis, expenditures from the
administrative fund shall not exceed more than 1 percent of the total
program fund. All costs of administration of the Scholarshare trust
shall be paid out of the administrative fund.
(c) All moneys paid by participants in connection with
participation agreements shall be deposited as received into the
program fund, and shall be promptly invested and accounted for
separately. Deposits and interest thereon accumulated on behalf of
participants in the program fund of the Scholarshare trust may be
used for payments to any institution of higher education.