Amended in Assembly April 25, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 275

Introduced by Assembly Member Alejo

February 11, 2013

An act to amend begin delete Section end delete begin insert Sections 54440, end insert 54441.5 begin insert , 54442, 54443.1, 54444.1, 54444.2, 54444.3, and 54444.4 end insert of begin insert , and to add Sections 54442.1, 54442.2, 54442.3, 54442.4, 54442.5, and 54444.6 to, end insert the Education Code, relating to migrant education.

LEGISLATIVE COUNSEL’S DIGEST

AB 275, as amended, Alejo. Migrant education.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law requires the State Board of Education to adopt a state master plan for services to begin insert children identified as end insert migrant children. begin delete Existing law also requires the Superintendent of Public Instruction to take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which include establishing a statewide parent advisory council, as specified, to participate in the planning, operation, and evaluation of the state migrant education program. Existing law further requires the council to meet a minimum of 6 times per calendar year to provide input on issues relating to the operation of the program. end delete

This bill would begin delete instead require the council to meet 9 times per calendar year to provide input on issues relating to the operation of the program. end delete begin insert change references from “migrant child” to “migratory child,” and would require the state master plan to be developed and revised as necessary by the Superintendent of Public Instruction in consultation with the State Parent Advisory Council. The bill would specify additional services and elements that would be required as part of the plan, and would require the Superintendent to develop a monitoring instrument and procedure to annually monitor each local educational agency and region receiving funds for the provision of services to migratory children. The bill would set forth the primary objectives of the state’s monitoring activities, including, among others, improving educational results and outcomes for migratory children. The Superintendent would be required to periodically sponsor or conduct workshops or seminars for the education of regional personnel responsible for evaluation of migrant education programs, and would require the Superintendent to submit to the State Board of Education, the Legislature, and the Governor a triennial performance report of the migrant education programs. The bill would require the Superintendent to develop a process to ensure that all migratory youth enrolled in juvenile court schools and other alternative education placements are properly identified and receive services for which they are eligible. end insert

begin insert

(2) Existing law requires migrant education programs to include certain components and services, including, among others, an assessment of the educational and health needs of each participating pupil.

end insert begin insert

This bill would require the collection and accessibility of individual and aggregate data with specified information relating to migratory pupils.

end insert begin insert

(3) Existing law requires the Superintendent to establish the service regional system as the primary method for delivery of services to migrant children, and requires the Superintendent to review and approve plans based on specified criteria.

end insert begin insert

This bill would include among that criteria a written evaluation plan that describes how an operating agency will measure annual pupil progress and overall success of its program. The bill would authorize the Superintendent to establish a regional directors’ council comprised of project administrators from each of the operating agencies or directly funded school districts responsible for administering the migrant education program at the regional or district level.

end insert begin insert

(4) Existing law requires the Superintendent to establish a State Parent Advisory Council and requires the council to prepare and submit an annual report to the Legislature, the State Board of Education, and the Governor regarding the status of the migrant education program.

end insert begin insert

This bill would require the State Department of Education to provide necessary technical assistance and support in preparing the report and would require certain additional information to be included in the report. The bill would also require the Superintendent, upon request and when practicable, to provide certain documents that the Superintendent is required to provide under existing law in a language understandable to each member of the council.

end insert begin insert

(5) Existing law requires each operating agency receiving certain federal migrant education funding to conduct summer school programs for eligible migrant children in accordance with specified requirements.

end insert begin insert

This bill would delete numerous requirements specified under those provisions.

end insert begin insert

(6) Existing law sets forth responsibilities of parent advisory councils at the district, regional, and state levels.

end insert begin insert

This bill would also include, as an additional responsibility, a review of aggregate data collected for migratory pupils, as specified. The bill would require a local educational agency and region receiving funds for the provision of services to migratory children to include an evaluation of the overall program effectiveness for the prior year. The bill would revise various findings and declarations relating to migrant education programs, and would make other conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 54440 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54440.  

The Legislature finds and declares all of the following:

(a) A significant number of children under 18 years of age whose
parents are migratory agricultural workers or migratory fishermen
reside in California for at least a part of each year. These children,
from among the least affluent segments of American society, tend
to move frequently, attend school irregularly, and suffer health
problems and language barriers. This results in many becoming
early school dropouts, poorly prepared to enter the workforce or
for academic success and upward social mobility.

(b) The problems of children of migratory agricultural parents
and of migratory fisherman parents are of such magnitude and
severity that local school districts have been unable to solve them
with the resources normally available. It is, therefore, necessary
for the state to aid local school districts through regional
coordinating offices and the provision of special programs of
educational and related services for these children.

begin insert

(c) A recent audit completed by the State Auditor identified
deficiencies in the evaluation and oversight by the State
Department of Education of the implementation of programs for
migratory children and identified the need for more comprehensive
data regarding pupil achievement and success measures for those
programs.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 54441.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

54441.5.  

With the concurrence of the child’s parent, a child
who has been identified as a begin delete “migrant end delete begin insert “migratory end insert child” may be
deemed a begin delete migrant end delete begin insert migratory end insert child for a period, not in excess of
three years, during which the child resides in an area where
programs are provided for begin delete migrant end delete begin insert migratory end insert children. Priority for
the provision of services shall be consistent with federal statutes
and regulations governing migrant education programs.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 54442 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

54442.  

begin insert (a) end insert begin insert   end insert The state board shall adopt a state master plan for
services to begin delete migrant end delete begin insert migratory end insert children. begin insert The plan shall be developed
and revised as necessary by the Superintendent, in consultation
with the State Parent Advisory Council established pursuant to
Section 54444.2. end insert The plan shall include all of the following:

begin delete

(a)

end delete

begin insert (1) end insert  Instructional activities on a regular and extended year basis.
These activities shall be designed to identify, assess, and provide
treatment for academic deficiencies of begin delete migrant end delete begin insert migratory end insert children.
Special emphasis shall be given to oral and written
begin delete communications, end delete begin insert communication, end insert reading, and mathematics. Small
group or individual instruction and tutorial services shall be
provided to assist begin delete migrant end delete begin insert migratory end insert children to begin delete attain normal
progress rates end delete begin insert meet the same academic content and achievement
standards that all children are expected to meet end insert in all subject areas.
All instructional services shall be provided as supplements to
regular programs of instruction provided by the public schools for
all children.

begin delete

(b)

end delete

begin insert (2) end insert  Health and welfare services. These services shall be designed
to identify, assess, and provide treatment for conditions that
interfere with the education and learning of begin delete migrant end delete begin insert migratory end insert
children, including dental, emotional, or environmental conditions.
To the extent possible, existing community resources begin delete will end delete begin insert shall end insert
be utilized to provide these services.

begin delete

(c)

end delete

begin insert (3) end insert  Preservice and in-service education of professional and
nonprofessional personnel. This education shall be planned to
prepare school administrators, teachers, aides, and other personnel
to meet the special needs of begin delete migrant end delete begin insert migratory end insert children.

begin delete

(d)

end delete

begin insert (4) end insert  Supportive services including transportation, family liaison,
and other services necessary to the success of the programs.

begin delete

(e)

end delete

begin insert (5) end insert  Child development activities including, but not limited to,
social, sensorimotor, conceptual and language development, and
perceptual discrimination activities for begin delete migrant end delete begin insert migratory end insert infants
and prekindergarten children who are too young to participate in
instructional services normally provided by the public schools.

begin delete

(f)

end delete

begin insert (6) end insert  The active involvement of begin insert migratory end insert parents, teachers,
begin insert schools, end insert and community representatives in the local begin insert planning, end insert
implementation begin insert , and improvement end insert of migrant education programs begin insert ,
including, but not limited to, review of the data collected for
migratory pupils pursuant to paragraph (8) to monitor and
evaluate pupil progress and program effectiveness end insert .

begin insert

(7) Support services and technical assistance for members of
the State Parent Advisory Council. The department shall ensure
that members are provided with sufficient resources and supports
to enable the State Parent Advisory Council to fulfill its statutory
purpose and responsibilities.

end insert begin insert

(8) An evaluation and monitoring component that specifically
provides for oversight and evaluation of the operating agencies,
school districts, and schools on a biannual basis by the department
to ensure that migrant education programs are effective and
operating in a manner consistent with federal statutes and
regulations. The department shall evaluate migrant education
programs using systematic, methodical, and sound evaluation
instruments designed to measure program implementation and
program results.

end insert begin insert

(9) Collection of individual and aggregate data for migratory
pupils to increase accountability for migratory pupil achievement
and facilitate program evaluation. The department shall collect
and make accessible to migrant regional directors data for
migratory pupils regarding:

end insert begin insert

(A) Identification and recruitment.

end insert begin insert

(B) Preschool participation.

end insert begin insert

(C) Enrollment in kindergarten and grades 1 to 12, inclusive.

end insert begin insert

(D) Enrollment in alternative education programs by type of
program, including, but not limited to, community schools,
community day schools, continuation high schools, and juvenile
court schools.

end insert begin insert

(E) Participation in independent study and credit accrual
programs.

end insert begin insert

(F) Designation and redesignation of English learners.

end insert begin insert

(G) Course enrollment, including, but not limited to, courses
fulfilling A-G subject area requirements.

end insert begin insert

(H) Suspension and expulsion.

end insert begin insert

(I) Truancy and chronic absenteeism.

end insert begin insert

(J) Referral to a school attendance review board.

end insert begin insert

(K) Disciplinary transfer.

end insert begin insert

(L) Retention.

end insert begin insert

(M) Dropout.

end insert begin insert

(N) California high school exit examination results.

end insert begin insert

(O) Graduation.

end insert begin insert

(P) Postsecondary education enrollment.

end insert begin insert

(Q) Vocational program enrollment.

end insert begin insert

(R) Other information deemed necessary by the Superintendent
in consultation with the State Parent Advisory Council.

end insert begin insert

(b) The department shall present the data in a format that is
readily accessible to migratory parents, teachers, community
representatives, and the regional director’s council.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 54442.1 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.1. end insert   

The Superintendent shall develop a monitoring
instrument and monitoring procedure that provides for annual
monitoring of each local educational agency and region receiving
funds for the provision of services to migratory children, and that
addresses each component identified in Section 54444.6 and all
federal requirements set forth under Section 6391 of Title 20 of
the United States Code and its corresponding regulatory
provisions. The monitoring procedure shall include onsite
monitoring of each operating agency receiving migrant education
funds at least every three years.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 54442.2 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.2. end insert   

The primary objectives of the state’s monitoring
activities shall be the following:

(a) Improving educational results and outcomes for all
migratory children.

(b) Ensuring that regional operating agencies, school districts,
and schools provide appropriate educational services to migratory
children in a manner that addresses their special needs, including
language access needs, in a coordinated and efficient manner.

(c) Ensuring that regional operating agencies, school districts,
and schools afford migratory pupils full and appropriate
opportunities to effectively participate in the general education
program and have access to courses needed to graduate.

(d) Identifying and addressing disproportionate discipline of
migratory pupils, migratory pupil enrollment in alternative
education programs, and migratory pupil participation in
independent study.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 54442.3 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.3. end insert   

The Superintendent shall periodically sponsor or
conduct workshops and seminars for the education of regional
operating agency personnel assigned to, and responsible for, the
evaluation of migrant education programs.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 54442.4 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.4. end insert   

The Superintendent shall submit to the state board,
the Legislature, in accordance with Section 9795 of the
Government Code, and the Governor, a triennial performance
report of the migrant education programs.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 54442.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54442.5. end insert   

The Superintendent shall develop a process to ensure
that all migratory youth enrolled in juvenile court schools and
other alternative education placements under the department are
properly identified and receive all the services to which they are
eligible. The department shall work with regions and local
educational agencies to develop policies and procedures to ensure
that at the time of transfer and enrollment in these schools,
migratory youth who are not already identified are properly
assessed to determine if they are eligible for migratory services
and programs.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 54443.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

54443.1.  

Migrant education programs shall include all of the
following:

(a) An individual assessment of the educational and relevant
health needs of each participating pupil within 30 days of
enrollment. This assessment shall include assessments concurrently
provided pursuant to compensatory education,
bilingual-crosscultural education, school improvement programs,
and other programs serving the pupil.

(b) A general needs assessment developed in compliance with
federal requirements summarizing the needs of the population to
be served.

(c) A comprehensive program to meet the educational, health,
and related needs of participating pupils begin delete which end delete begin insert that end insert is supplemental
to the program begin insert that end insert the operating agency is otherwise required to
provide. The program shall include, but need not be limited to, the
following:

(1) Academic instruction.

(2) Remedial and compensatory instruction.

(3) Bilingual and crosscultural instruction begin insert , which may include
supplemental language support services and programs specially
designed to meet the unique needs of indigenous migratory
children end insert .

(4) Career technical instruction.

(5) Counseling and career education services.

(6) Preschool services in accordance with Section 54443.

(7) Other educational services that are not available in sufficient
quantity or quality to eligible migratory children.

(8) The acquisition of instructional materials and equipment
necessary to adequately provide the appropriate services.

(9) Other related services to meet the special begin insert identified end insert needs
of eligible migratory children that are necessary to enable these
children to effectively participate in instructional services.

(10) The coordination and teaming of existing resources serving
begin delete migrant end delete begin insert migratory end insert pupils, such as bilingual-crosscultural education,
health screening, and compensatory education.

(d) A brief individual learning plan listing the services to be
provided to each pupil shall be provided in writing or at a parent
conference to the parent or guardian of each participating pupil,
annually and each time the pupil moves to a new district begin insert or
experiences a change in school placement or educational program end insert .

(e) Staffing and staff development plans and practices to meet
the needs of begin insert migratory end insert pupils and implement the program.

(f) Parent and community involvement as specified in Section
54444.2.

(g) Evaluations that shall include annual pupil progress and
overall program effectiveness and quality control reports begin insert in
accordance with Section 54444.6 end insert .

begin insert

(h) (1) Collection and accessibility of individual and aggregate
data for migratory pupils regarding all of the following:

end insert begin insert

(A) Identification and recruitment.

end insert begin insert

(B) Preschool participation.

end insert begin insert

(C) Enrollment in kindergarten and grades 1 to 12, inclusive.

end insert begin insert

(D) Enrollment in alternative education programs by type of
program, including, but not limited to, community schools,
community day schools, continuation high schools, and juvenile
court schools.

end insert begin insert

(E) Participation in independent study and credit accrual
programs.

end insert begin insert

(F) Designation and redesignation of English learners.

end insert begin insert

(G) Course enrollment, including, but not limited to, courses
fulfilling A-G subject area requirements.

end insert begin insert

(H) Suspension and expulsion.

end insert begin insert

(I) Truancy and chronic absenteeism.

end insert begin insert

(J) Referral to a school attendance review board.

end insert begin insert

(K) Disciplinary transfer.

end insert begin insert

(L) Retention.

end insert begin insert

(M) Dropout.

end insert begin insert

(N) California high school exit examination results.

end insert begin insert

(O) Graduation.

end insert begin insert

(P) Postsecondary education enrollment.

end insert begin insert

(Q) Vocational program enrollment.

end insert begin insert

(R) Other information deemed necessary by the Superintendent
in consultation with the State Parent Advisory Council.

end insert begin insert

(2) Migrant education programs shall present the data in a
format that is readily accessible to migratory parents, teachers,
and community representatives.

end insert begin delete

(h)

end delete

begin insert (i) end insert  School districts and other education agencies shall be eligible
to apply for funding to serve begin delete migrant end delete begin insert migratory end insert pupils upon
application to their respective region, or, if they meet the criteria
established in subdivision (b) of Section 54444.1, to the
department. Operating agencies shall include in their application
a description of how the entities will coordinate the planning,
budgeting, and operation of the migrant education programs with
the planning, budgeting, and operation of other federal and state
education programs addressing the needs of the same or similar
pupils of the operating agency. The description shall include time
lines and cover services provided through school improvement,
nonmigrant Title I, state compensatory and limited- and
non-English proficient, Title VII, and other funds. If the application
meets state and federal requirements, negotiations for an
appropriate service agreement shall begin involving the parties
listed in subdivision (a) or (b) of Section 54444.1.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 54444.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.1.  

(a) In implementing the state master plan for services
to begin delete migrant end delete begin insert migratory end insert children, the Superintendent shall establish
the service regional system as the primary method for the delivery
of services to begin delete migrant end delete begin insert migratory end insert children. The Superintendent
shall review and approve plans for the establishment of service
regions and shall incorporate the following criteria in the approval
of regional plans:

(1) The boundaries of regions shall include all geographic areas
with begin delete migrant end delete begin insert migratory end insert and seasonal agricultural workers and
fishermen.

(2) Regional service centers shall be located in areas with high
concentrations of begin delete migrant end delete begin insert migratory end insert and seasonal agricultural
workers and fishermen. Regional headquarters shall be located as
follows:

(A) In areas requiring large numbers of these workers for a
period of at least two consecutive months during each year.

(B) In areas that normally contract for begin delete migrant end delete begin insert migratory end insert and
seasonal agricultural workers with families rather than single
adults.

(C) In areas where begin delete migrant end delete begin insert migratory end insert and seasonal agricultural
workers are involved in the transition from hand labor to
mechanization.

(3) Regions shall be located in each geographic area of the state,
except areas within the boundaries of directly funded districts.

(4) Except areas within the boundaries of directly funded
districts, regions shall be contiguous to one another and should
have no less than 1,500 migratory children. In no event shall a
county be split among two separate regions in order to meet the
requirements of this paragraph.

(5) Regions shall be organized so as to provide quality services
to all affected parties and maintain fiscal procedures in conformity
with requirements adopted by the department.

(6) The boundaries of regions shall be drawn in a manner that
avoids excessive commuting by personnel or by participants in
the programs, not to exceed 100 miles from the schoolsite to the
operating agency.

(7) If a proposed region cannot meet the criteria established in
paragraph (4) or (6), it may request that the criteria be waived by
the state board. The waiver request shall be based upon a study,
conducted by the entities, including their respective parent advisory
councils, comprising the proposed region, that explains why the
waiver is required and that describes likely outcomes if the waiver
is not granted.

begin insert

(8) A written evaluation plan that describes how the operating
agency will measure annual pupil progress and the overall success
of its program in accordance with Section 54444.6. The evaluation
plan may include the examination of preassessment and
postassessment results for migratory pupils participating in specific
interventions such as special tutoring programs and reading and
math interventions

end insert

(b)  begin insert (1) end insert begin insert   end insert An agency meeting the criteria set forth in this
subdivision and subdivision (f) of Section 54441 may apply to the
department for designation as a region. The application shall be
in a format with sufficient information and at times designated by
the Superintendent. The application shall include documentation
of active participation, review and comment by the appropriate
parent advisory councils, and signatures by parent advisory council
chairpersons that the review and comment has taken place, and
shall further include documentation that the agencies and parent
representative comprising the proposed region have met as a group
begin delete prior to end delete begin insert before end insert submission of the application and have agreed upon
the formation of, and participation in, the region and a general
delineation of the services begin delete which end delete begin insert that end insert will be provided in the
region.

begin delete

Directly

end delete

begin insert (2) end insert begin insert   end insert begin insert Directly end insert funded districts shall be invited by the regions to
participate in regional activities and meetings. Staff and parent
advisory council members in the districts shall also be invited to
regional inservice activities and conferences.

(c) The department may directly fund local educational agencies,
in whole or in part, to provide services to eligible begin delete migrant end delete
begin insert migratory end insert children if it is cost effective to do so; if the applicant
agency serves not less than 1,500, nor more than 8,000, currently
migratory children; has sufficient programmatic and fiscal
resources to deliver an effective migrant education program; is in
compliance with the federal and state requirements regarding
migrant education programs; maintains an ongoing and functional
parent advisory council that has voted on a biennial basis to
approve the participation in the directly funded program, including
the approval of a majority of the members who are the parents of
begin delete migrant children; end delete begin insert migratory children, and is actively involved in
the planning, review, and improvement of the program; end insert and
maintains fiscal procedures in conformity with the requirements
adopted by the department. All districts that are directly funded
on January 1, 1982, may continue to be funded directly, provided
that the districts comply with the criteria prescribed by this
subdivision, except for the size criterion.

(d)  begin insert (1) end insert begin insert   end insert The responsibilities of the various parties involved in
the delivery of services to begin delete migrant end delete begin insert migratory end insert children shall be set
forth in a service agreement. A service agreement shall be a legally
binding contract signed by the duly constituted authorities at the
state, county, district, or private or public nonprofit agencies, or a
combination thereof. In the regional delivery system, there shall
be two parties to every service agreement; the region and the
district or other operating agencies in which the eligible begin delete migrant end delete
begin insert migratory end insert pupils are enrolled. When a district or agency is funded
directly by the state, the parties to the service agreement shall
include the department and the district or operating agency in
which the eligible begin delete migrant end delete begin insert migratory end insert pupils are enrolled. The basic
responsibilities of these three parties shall be as specified in Section
54444.4.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert parties, whether regional or directly funded, shall take
the necessary steps to ensure the effective involvement of the
migrant parent advisory begin delete committee end delete begin insert council end insert for that district or
agency. Representatives of the migrant parent advisory begin delete committee end delete
begin insert council end insert shall begin delete have the right to end delete be present and participate in all
deliberations between the parties regarding the service agreement
or any subsequent changes begin delete thereto end delete begin insert to the service agreement end insert . The
service agreement shall include a signed statement from the officers
of the migrant parent advisory begin delete committee end delete begin insert council end insert signifying that
the participation has occurred.

(e) The Superintendent shall develop an annual operating
calendar for regions and directly funded districts, including dates
for the submission and approval of applications and service
agreements. Any changes in regional boundaries for the subsequent
fiscal year shall be made and approved by December 31 of the
current year. Any changes in funding allocations for regions shall
be made by December 31 of the current year or immediately after
notification of a federal grant award.

(f) The Superintendent shall preserve the supplemental nature
of the migrant education program. The program shall be maintained
outside the supervision or above the administrative level of the
consolidated application programs. The Superintendent shall not
incorporate the migrant education program into the consolidated
application process, except as provided below:

(1) Directly funded districts may apply for migrant education
funds as part of their consolidated application provided the district
parent advisory council on migrant education approves the
inclusion.

(2) A copy of the district’s annual application for migrant
education funds as required by subdivision begin delete (h) end delete begin insert (i) end insert of Section
54443.1 shall be attached to the district’s annual consolidated
application.

begin insert

(g) The Superintendent may establish a regional directors’
council comprised of project administrators from each of the
operating agencies or directly funded school districts responsible
for administering the migrant education program at the regional
or district level. The regional directors’ council may advise the
department on matters relating to the implementation of the
migrant education program as outlined in Section 54443.1. The
regional directors’ council shall not be consulted in lieu of the
State Parent Advisory Council established pursuant to Section
54444.2. The State Parent Advisory Council shall be provided with
copies of any written input provided by the regional directors in
appropriate languages, and shall have the opportunity to
participate, through a representative designated by the State Parent
Advisory Council in all meetings between the regional directors’
council and the department. Nothing in this subdivision shall be
construed to undermine the role, purpose, or participation of the
State Parent Advisory Council.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 11. end insert   

Section 54444.2 of the Education Code is amended
to read:

54444.2.  

(a) The Superintendent begin delete of Public Instruction end delete shall
take the steps necessary to ensure effective parental involvement
throughout the state migrant education program, which shall
include, but need not be limited to, the following:

(1) The Superintendent shall adopt rules and regulations
requiring each operating agency receiving migrant education funds
or services to actively solicit parental involvement in the planning,
operation, and evaluation of its programs through the establishment
of, and consultation with, a parent advisory council.

(A) The membership of each parent advisory council shall be
composed of members who are knowledgeable about the needs of
begin delete migrant end delete begin insert migratory end insert children, and shall be elected by the parents of
begin delete migrant end delete begin insert migratory end insert children enrolled in the operating agency’s
programs. The composition of the council shall be determined by
the parents at a general meeting to which all parents of pupils
enrolled in the migrant program shall be invited. Parents shall be
informed, in a language they understand, that the parents have the
sole authority to decide on the composition of the council. All
parent candidates for the council shall be nominated by parents;
nonparent candidates shall be nominated by the groups they
represent: teachers by teachers, administrators by administrators,
other school personnel by other school personnel, and pupils by
pupils. All other community candidates shall be nominated by the
parents. Each parent advisory council shall hold meetings on a
regular basis during the operation of the regular program, but not
less than six times during the year.

(B) At least two-thirds of the members of each parent advisory
council shall be the parents of begin delete migrant end delete begin insert migratory end insert children. Each
parent advisory council shall have the responsibilities listed in
subdivision (a) of Section 54444.4.

(2) The Superintendent shall establish a statewide parent
advisory council that shall participate in the planning, operation,
and evaluation of the state migrant education program. The
membership of the statewide parent advisory council shall be
composed of members who are knowledgeable about the needs of
begin delete migrant end delete begin insert migratory end insert children, and shall be nominated and elected
by the parents of begin delete migrant end delete begin insert migratory end insert children enrolled in the
operating agencies. At least two-thirds of the members of the State
Parent Advisory Council shall be the parents of begin delete migrant end delete begin insert migratory end insert
children. The state council shall meet a minimum of nine times
per calendar year to provide input on issues relating to the operation
of the program. Special meetings may be called at the discretion
of the state director.

(3) (A) The Superintendent also shall sponsor an annual State
Parent Advisory Council Conference. The conference shall be
scheduled during the spring of every year.

(B) The State Parent Advisory Council begin insert , with necessary technical
assistance and support from the department, end insert shall prepare and
submit a report to the Legislature, the state board, the
Superintendent, and the Governor regarding the status of the
migrant education program. The report shall be submitted within
120 days from the conclusion of a training program on preparing
the report provided by the Superintendent in accordance with
paragraph (5).

(C) The report shall include an evaluation of the migrant
education program, as required pursuant to paragraph (2) of
subdivision (a), a review of annual needs and a yearend assessment,
as required pursuant to paragraph (2) of subdivision (a) of Section
54444.4, begin insert a review of the aggregate data collected for migratory
pupils pursuant to paragraph (2) of subdivision (a) of Section
54444.4, end insert and policy recommendations.

(4) The Superintendent and each operating agency shall furnish,
without charge, to the statewide and operating agency parent
advisory councils and, upon request, to each member, a copy of
all applicable state and federal migrant education statutes, rules
and regulations, and guidelines. In addition, the Superintendent
and each operating agency shall furnish, without charge, to the
statewide and operating agency parent advisory councils and, upon
request, to each member, copies of all applicable state and federal
audits, monitoring reports, and evaluations. begin insert Upon request and
when practicable, these documents shall be provided in a language
understandable to each member, and each regional and state
migrant education program plan shall be provided in a language
understandable to each member before its consideration for final
approval. end insert

(5) The Superintendent and each operating agency shall establish
and implement training programs for members of the statewide
and operating agency parent advisory councils to enable them to
carry out their responsibilities. Each training program shall be
developed in consultation with the parent advisory councils, and
shall include appropriate training materials in a language
understandable to each member. Costs incurred in providing
training under this paragraph, including federally authorized
expenses associated with the attendance of members at training
sessions, shall be funded, to the extent that funds are available, by
federal funds allocated to the state, based upon the educational
and related health needs of migratory children defined in
subdivisions (a) and (b) of Section 54441, and may be supported
by funds from the state migrant education program.

(b) Each operating agency that provides services on a statewide
basis shall be exempt from the requirement that it create its own
parent advisory council, but shall consult the statewide parent
advisory council in the planning, operation, and evaluation of its
programs.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 54444.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.3.  

(a) Each operating agency receiving Title I Migrant
Education funding shall conduct summer school programs for
eligible begin delete migrant end delete begin insert migratory end insert children in kindergarten and grades 1
to 12, inclusive. The summer school programs shall respond to the
individual needs of participating pupils and shall build on and be
consistent with the instructional programs offered to these pupils
during the regular school year. Each summer school program shall
be funded, to the extent that funds are available, by federal funds
earmarked for migrant education programs, and shall meet the
following begin delete criteria: end delete

begin delete (1) end delete begin delete   end delete begin delete That summer school programs meet the following end delete time
requirements:

begin delete

(A)

end delete

begin insert (1) end insert  For kindergarten classes, not less than 180 minutes per day,
based upon the full apportionment day of 240 minutes, including
recesses, for not less than 20 teaching days.

begin delete

(B)

end delete

begin insert (2) end insert  For grades 1 to 8, not less than 200 minutes per day, based
upon the full apportionment day of 240 minutes, including recesses
and passing time but excluding noon intermissions, for not less
than 20 teaching days.

begin delete

(C)

end delete

begin insert (3) end insert  For grades 7 to 12, not less than 240 minutes per day,
including passing time but excluding noon intermissions, for not
less than 30 teaching days.

begin delete

Exemptions

end delete

begin insert (b) end insert begin insert   end insert begin insert Exemptions end insert from the requirements of begin delete this paragraph end delete
begin insert subdivision (a) end insert may be made by the Superintendent begin delete of Public
Instruction end delete upon petition submitted to him begin insert or her end insert by the district.
The basis for the exemption shall be agricultural labor factors,
climatic conditions, specialized educational programs, and other
conditions appearing to the begin delete superintendent end delete begin insert Superintendent end insert to
warrant exemption.

begin delete

For

end delete

begin insert (c) end insert begin insert   end insert begin insert For end insert purposes of begin delete this paragraph end delete begin insert subdivision (a) end insert , holidays
designated in Section 37220 other than Saturday and Sunday may
be deducted from the required number of teaching days.

begin delete

(2) That the program has been established with the prior written
approval of the superintendent based upon the submission of an
application which is in the form prescribed and furnished by the
superintendent. Each application shall designate the persons who
will exercise administrative or supervisorial responsibilities for
the summer school program and shall be submitted prior to the
establishment of the summer school program.

end delete begin delete

(3) That the summer school program contains coursework which
is of the same level of difficulty in each subject as that provided
to pupils enrolled in regular classes of instruction within the school
district in the preceding year.

end delete begin delete

(4) That instructional programs are taught by staff with cultural
training or background and understanding of the special needs of
migrant children, and who are properly credentialed for the subjects
and grade levels to which they are assigned.

end delete begin delete

(5) That the summer school program supplements other summer
school programs, whether required or optional and whether
federally or state funded, operated by the school district, including
the programs for graduating high school seniors, handicapped
children, pupils enrolled in grade 11, pupils enrolled in grades 7
to 12 who do not meet the district’s adopted proficiency standards,
and eligible compensatory education pupils.

end delete begin delete

(b) Each school district, county office of education, and
community college district shall, upon request, make facilities
available at cost for the operation of migrant summer school
programs whenever they are available. Where available, these
facilities shall be suitable for the summer climate. The
superintendent may allow neighboring districts to jointly offer
facilities if he or she determines that the use of one district’s
facilities for an area will adequately meet the needs of the migrant
summer school program for the entire area.

end delete begin delete

If the Superintendent of Public Instruction determines that
requests from prospective users of these facilities were denied
without just cause, the superintendent shall reduce the district’s
or county superintendent’s entitlement from Section A of the State
School Fund by an amount equal to one thousand dollars ($1,000)
or four times the costs to the prospective user for alternative
facilities for the entire period for which the facilities were
requested, whichever is greater.

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 54444.4 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

54444.4.  

(a) The responsibilities of parent advisory councils
at the district, regional, and state levels shall include, but are not
limited to, all of the following:

(1) The establishment of migrant education program goals,
objectives, and priorities.

(2) The review of annual needs and year-end assessment, as
well as program activities, for each school, begin insert a review of the
aggregate data collected for migratory pupils at school, school
district, regional, and state levels, as set forth in the state master
plan developed under Section 54442, end insert and a review of individualized
educational plans begin insert to ensure that plans are developed and
implemented in compliance with state and federal requirements end insert .

(3) Advice on the selection, development, and reassignment of
migrant education program staff.

(4) Active involvement in the planning and negotiation of
program applications and service agreements required under
Section 54444.1.

(5) All other responsibilities required under state and federal
laws or regulations.

(b) The responsibilities of the school districts or other agencies
operating programs for begin delete migrant end delete begin insert migratory end insert pupils include, but are
not limited to, all of the following:

(1) Providing services in compliance with applicable state and
federal laws or regulations.

(2) Providing information to parents.

(3) Providing support to instructional staff.

(c) The responsibilities of the region include, but are not limited
to, the following:

(1) Providing funding to operating agencies within its
jurisdiction in accordance with service agreements.

(2) Providing technical assistance to operating agencies
operating under service agreements.

(3) Providing interagency coordination to improve the services
available to participating begin insert migratory end insert pupils.

(4) Providing training begin delete for end delete begin insert , support services, and technical
assistance to end insert the parents and members of begin insert school end insert district, regional,
and school parent advisory councils begin insert to assist them in fulfilling their
roles and responsibilities end insert .

(5) Providing or arranging for staff development services for
migrant education staff at the school and district levels.

(6) Providing direct services required pursuant to a service
agreement entered into by the region.

(d) The responsibilities of the begin delete State Board of Education end delete begin insert state
board end insert and the department shall be as set forth in the State Master
Plan for Migrant Education developed under Section 54442.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 54444.6 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 54444.6. end insert   

A local educational agency and region receiving
funds for the provision of services to migratory children, as part
of its refunding application, shall include an evaluation of the
overall program effectiveness for the prior year that includes all
of the following:

(a) Deficiencies in academic achievement of migratory children
as compared to nonmigratory children.

(b) Identification of, and provision of services to, migratory
children in the geographic area served by the district, agency, or
region, including out-of-school migratory youth and children and
youth enrolled in alternative and court-supervised school
placements.

(c) Enrollment in preschool and kindergarten.

(d) Access to, enrollment in, and completion of courses that
fulfill the A-G subject area requirements.

(e) Dropout prevention and intervention.

(f) Retention.

(g) Truancy and pupil discipline including suspension,
expulsion, and actions resulting in disciplinary transfer or referral
to a school attendance review board.

(h) Vocational education opportunities.

(i) Graduation, including completion of the high school exit
examination.

(j) Postsecondary education enrollment.

(k) Health services.

(l) Intersession programs.

(m) Other supplemental services.

(n) Staff experience and quality.

(o) Data collection and evaluation.

(p) Records of transfer.

(q) Parental involvement, including establishment of, and
participation in, the parent advisory council, conduct of regular
meetings, participation in the development and approval of the
local migrant education plan, participation in State Parent
Advisory Council activities, and parent training.

end insert