Amended in Assembly May 8, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 275, as amended, Alejo. Migrant education.

(1) Existing law requires the State Board of Education to adopt a state master plan for services to children identified as migrant children.

This bill would 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 begin delete services and end delete 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 begin delete workshops or seminars end delete begin insert local training end insert for the education of regional begin insert operating agency end insert personnel responsible for evaluation of migrant education begin delete programs, and end delete begin insert programs and for assisting regions and local educational agencies in the development and implementation of certain policies and procedures relating to the identification of certain youth for eligibility for migratory services and programs. The bill end insert 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. begin delete 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 delete

(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.

This bill would require begin delete the collection and accessibility of end delete begin insert regional service centers to collect and report to the State Department of Education end insert individual and aggregate data with specified information relating to migratory pupils.

(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.

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. begin delete 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 delete

begin insert

(4) Existing law requires the Superintendent to establish rules and regulations to require 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. Existing law further requires each parent advisory council to hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year.

end insert begin insert

This bill would instead require each parent advisory council to hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year for two consecutive days each time.

end insert begin delete

(4)

end delete

begin insert (5) end insert  Existing law requires the Superintendent to establish a State Parent Advisory Council and requires the council to begin delete 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 delete begin insert meet a minimum of 6 times per year end insert .

This bill would begin delete 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 end delete begin insert instead require the council to meet a minimum of 9 times per year, would provide that additional meetings may be called by mutual agreement between the Superintendent and the state director, and would require all meetings of the council to be held pursuant to certain open meeting provisions end insert . 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.

begin delete

(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 delete begin delete

This bill would delete numerous requirements specified under those provisions.

end delete

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

This bill would begin delete also include, as an additional responsibility, a review of aggregate data collected for migratory pupils, as specified end delete begin insert revise one of those responsibilities end insert . 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 begin insert , as provided end insert . begin delete The bill would revise various findings and declarations relating to migrant education programs, and would make other conforming changes. end delete

begin insert

(7) This bill would make other related changes and various conforming and nonsubstantive 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 delete

SECTION 1.  

Section 54440 of the Education Code is amended
to read:

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.

(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 delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 54441.5 of the Education Code is
amended to read:

54441.5.  

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

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 54442 of the Education Code is amended to
read:

54442.  

begin delete (a) end delete begin delete   end delete The state board shall adopt a state master plan for
services to migratory children. 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. The plan shall include all of the following:

begin delete

(1)

end delete

begin insert (a) 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 migratory children. Special
emphasis shall be given to oral and written communication,
reading, and mathematics. Small group or individual instruction
and tutorial services shall be provided to assist migratory children
to meet the same academic content and achievement standards that
all children are expected to meet 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

(2)

end delete

begin insert (b) 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 migratory children,
including dental, emotional, or environmental conditions. To the
extent possible, existing community resources shall be utilized to
provide these services.

begin delete

(3)

end delete

begin insert (c) 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 migratory children.

begin delete

(4)

end delete

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

begin delete

(5)

end delete

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

begin delete

(6)

end delete

begin insert (f) end insert  The active involvement of migratory parents, teachers,
schools, and community representatives in the local planning,
implementation, and improvement of migrant education begin delete programs,
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 delete begin insert programs. end insert

begin delete

(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 delete begin delete

(8)

end delete

begin insert (g) end insert  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.

begin delete

(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:

(A) Identification and recruitment.

(B) Preschool participation.

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

(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.

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

(F) Designation and redesignation of English learners.

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

(H) Suspension and expulsion.

(I) Truancy and chronic absenteeism.

(J) Referral to a school attendance review board.

(K) Disciplinary transfer.

(L) Retention.

(M) Dropout.

(N) California high school exit examination results.

(O) Graduation.

(P) Postsecondary education enrollment.

(Q) Vocational program enrollment.

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

(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 delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 54442.1 is added to the Education Code, to
read:

54442.1.  

begin insert (a) end insert begin insert   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 begin delete at least every
three years end delete .

begin insert

(b) The primary objectives of the Superintendent’s monitoring
activities pursuant to subdivision (a) shall include, but are not
limited to, all the following:

end insert begin insert

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

end insert begin insert

(2) 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.

end insert begin insert

(3) 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.

end insert begin insert

(4) 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 delete

SEC. 5.  

Section 54442.2 is added to the Education Code, to read:

54442.2.  

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 delete

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

Section begin delete 54442.3 end delete begin insert 54442.2 end insert is added to the Education
Code, to read:

begin delete 54442.3. end delete
begin insert 54442.2. end insert   

The Superintendent shall periodically sponsor or
conduct begin delete workshops and seminars for the education of regional
operating agency personnel assigned to, and responsible for, the
evaluation of migrant education programs. end delete begin insert local training for both
of the following purposes: end insert

begin insert

(a) The education of regional operating agency personnel
assigned to, and responsible for, the evaluation of migrant
education programs.

end insert begin insert

(b) Assisting regions and local educational agencies in the
development and implementation of policies and procedures to
ensure that, at the time of transfer into juvenile court schools or
alternative educational placement, a youth who is not already
identified as a migratory youth is properly assessed to determine
his or her eligibility for migratory services and programs and,
once enrolled in these services or programs, to ensure that the
youth receives all the services to which he or she is eligible.

end insert

begin delete SEC. 7. end delete
begin insert SEC. 5. end insert   

Section begin delete 54442.4 end delete begin insert 54442.3 end insert is added to the Education
Code, to read:

begin delete 54442.4. end delete
begin insert 54442.3. 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.

begin delete

SEC. 8.  

Section 54442.5 is added to the Education Code, to
read:

54442.5.  

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 delete

begin delete SEC. 9. end delete
begin insert SEC. 6. end insert   

Section 54443.1 of the Education Code is amended to
read:

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 that is supplemental to
the program that 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, which may include
supplemental language support services and programs specially
designed to meet the unique needs of indigenous migratory
children.

(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 identified 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
migratory 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 or
experiences a change in school placement or educational program.

(e) Staffing and staff development plans and practices to meet
the needs of migratory 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 in
accordance with Section 54444.6.

(h) (1)  begin delete Collection and accessibility of end delete begin insert Regional service centers
shall collect and report to the department end insert individual and aggregate
data for migratory pupils regarding all of the following:

(A) Identification and recruitment.

(B) Preschool participation.

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

(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.

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

(F) Designation and redesignation of English learners.

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

(H) Suspension and expulsion.

(I) Truancy and chronic absenteeism.

(J) Referral to a school attendance review board.

(K) Disciplinary transfer.

(L) Retention.

(M) Dropout.

(N) California high school exit examination results.

(O) Graduation.

(P) Postsecondary education enrollment.

(Q) Vocational program enrollment.

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

(2)  begin delete Migrant education programs end delete begin insert The department end insert shall begin delete present end delete
begin insert make end insert the data begin insert available end insert in a format that is readily accessible to
migratory parents, teachers, and community representatives.

(i) School districts and other education agencies shall be eligible
to apply for funding to serve migratory 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 includetime 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 delete SEC. 10. end delete
begin insert SEC. 7. end insert   

Section 54444.1 of the Education Code is amended to
read:

54444.1.  

(a) In implementing the state master plan for services
to migratory children, the Superintendent shall establish the service
regional system as the primary method for the delivery of services
to migratory 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 migratory and seasonal agricultural workers and fishermen.

(2) Regional service centers shall be located in areas with high
concentrations of migratory 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 migratory and seasonal
agricultural workers with families rather than single adults.

(C) In areas where migratory 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.

(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. begin delete 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 delete

(b) (1) 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
before submission of the application and have agreed upon the
formation of, and participation in, the region and a general
delineation of the services that will be provided in the region.

(2) Directly 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 in service activities and conferences.

(c) The department may directly fund local educational agencies,
in whole or in part, to provide services to eligible migratory
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 migratory
children, and is actively involved in the planning, review, and
improvement of the program; 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) (1) The responsibilities of the various parties involved in
the delivery of services to migratory 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 migratory
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 migratory pupils are enrolled. The basic responsibilities
of these three parties shall be as specified in Section 54444.4.

(2) The parties, whether regional or directly funded, shall take
the necessary steps to ensure the effective involvement of the
migrant parent advisory council for that district or agency.
Representatives of the migrant parent advisory council shall be
present and participate in all deliberations between the parties
regarding the service agreement or any subsequent changes to the
service agreement. The service agreement shall include a signed
statement from the officers of the migrant parent advisory council
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 (i) of Section 54443.1
shall be attached to the district’s annual consolidated application.

begin delete

(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 delete

begin delete SEC. 11. end delete
begin insert SEC. 8. end insert   

Section 54444.2 of the Education Code is amended to
read:

54444.2.  

(a) The Superintendent 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
migratory children, and shall be elected by the parents of migratory
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 begin insert for two consecutive days each time end insert .

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

(2)  begin insert (A) end insert begin insert   end insert 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
migratory children, and shall be nominated and elected by the
parents of migratory children enrolled in the operating agencies.
At least two-thirds of the members of the State Parent Advisory
Council shall be the parents of migratory children. begin delete The end delete

begin insert (B) end insert begin insert   end insert begin insert (i) end insert begin insert   end insert begin insert The end insert state council shall meet a minimum of nine times
per calendar year to provide input on issues relating to the operation
of the program. begin delete Special end delete

begin insert

(ii) Additional meetings may be called by mutual agreement
between the Superintendent and the state director.

end insert

begin insert (iii) end insert begin insert   end insert begin insert Special end insert meetings may be called at the discretion of the state
director.

begin insert

(C) All meetings of the statewide parent advisory council shall
be held pursuant to the Bagley-Keene Open Meeting Act (Article
9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code).

end insert

(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 begin delete Council, with necessary technical
assistance and support from the department, end delete begin insert Council 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 delete a review of the aggregate data collected for migratory
pupils pursuant to paragraph (2) of subdivision (a) of Section
54444.4, end delete 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. 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.

(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 delete

SEC. 12.  

Section 54444.3 of the Education Code is amended
to read:

54444.3.  

(a) Each operating agency receiving Title I Migrant
Education funding shall conduct summer school programs for
eligible migratory 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 time requirements:

(1) 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.

(2) 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.

(3) 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.

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

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

end delete

begin insert

begin insert SEC. 9. 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 criteria:

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

begin delete

(A)

end delete

begin insert (i) 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 (ii) 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 (iii) 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 this paragraph 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 this paragraph, holidays designated in
Section 37220 other than Saturday and Sunday may be deducted
from the required number of teaching days.

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

(3) That the summer school program contains coursework begin delete which end delete
begin insert that end insert 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.

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

(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.

(b)  begin insert (1) end insert begin insert   end insert 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
begin delete superintendent end delete begin insert Superintendent end insert 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.

begin delete

If

end delete

begin insert (2) end insert begin insert   end insert begin insert If end insert the Superintendent begin delete of Public Instruction end delete determines that
requests from prospective users of these facilities were denied
without just cause, the begin delete superintendent end delete begin insert Superintendent end insert 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.

begin delete SEC. 13. end delete
begin insert SEC. 10. end insert   

Section 54444.4 of the Education Code is amended
to read:

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 yearend assessment, as well
as program activities, for each school, begin delete 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 delete and a review of individualized
educational plans to ensure that plans are developed and
implemented in compliance with state and federal requirements.

(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 migratory 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 migratory pupils.

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

(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 state board and the department
shall be as set forth in the State Master Plan for Migrant Education
developed under Section 54442.

begin delete SEC. 14. end delete
begin insert SEC. 11. end insert   

Section 54444.6 is added to the Education Code, to
read:

54444.6.  

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.