Amended in Assembly April 9, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 470

Introduced by Assembly Member Mullin

February 19, 2013

An act to amend Sections 42605 and 44279.2 of, and to repeal Section 41514 of, the Education Code, relating to schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 470, as amended, Mullin. Schools: school safety and teacher training.

(1) Existing law establishes the school safety consolidated competitive grant, requires the funding for the school safety consolidated competitive grant to include funding previously apportioned to school districts for carrying out the purposes of specified programs, and requires funds appropriated for purposes of the school safety consolidated competitive grant to be available for encumbrance for 5 years from the date of appropriation.

This bill would repeal the provision requiring funds appropriated for purposes of the school safety consolidated competitive grant to be available for encumbrance for 5 years from the date of appropriation.

(2) Existing law establishes various categorical education programs and appropriates the funding for those programs in the annual Budget Act. Existing law requires the Superintendent of Public Instruction, for the 2008-09 to 2014-15 fiscal years, inclusive, to apportion from the amounts provided in the annual Budget Act for specified categorical education programs an amount based on the relative proportion that the local educational agency received in the 2008-09 fiscal year for those programs and authorizes the local educational agency, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law.

This bill would remove the begin delete school safety block grant and the school safety consolidated competitive end delete begin insert teacher credentialing block end insert grant from the list of categorical education programs for which their funding may be used for any educational purpose. begin insert The bill would, from moneys annually appropriated for the school safety consolidated competitive grant, require $321,000 of those moneys to be used for certain purposes related to the Interagency School Safety Demonstration Act of 1985. end insert

(3) Existing law establishes the California Beginning Teacher Support and Assessment System, which is jointly administered by the Superintendent of Public Instruction and the Commission on Teacher Credentialing. In administering the California Beginning Teacher Support and Assessment System, existing law requires the Superintendent and the commission to provide or contract for, among other things, establishing requirements for reviewing and approving teacher induction programs. begin insert Existing law requires a school district or consortium of school districts that apply to the Superintendent for funding to establish a local teacher induction program to meet specified requirements. end insert

This bill, for purposes of the California Beginning Teacher Support and Assessment System, also would require the Superintendent and the commission to provide or contract for begin delete performing onsite reviews for all approved teacher induction programs at least every 5 years, end delete implementing high-quality teacher induction programs per specified certification criteria begin delete , end delete and enforcing each teacher induction program’s standards to meet state standards. begin insert The bill would require the Superintendent to conduct onsite reviews of all approved teacher induction programs at least once every 4 years, as a midpoint review to the accreditation process currently conducted by the commission every 7 years. The bill would require the onsite reviews to be conducted in consultation with the commission as specified, and would require the Superintendent to make results of the onsite reviews available to the commission. The bill would require a school district or consortium of school districts that apply to the Superintendent for funding to establish a local teacher induction program to meet the additional requirement end insert begin insert to not charge beginning teachers to participate in the teacher induction program. 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:

SECTION 1.  

Section 41514 of the Education Code is repealed.

SEC. 2.  

Section 42605 of the Education Code is amended to
read:

42605.  

(a) (1) Unless otherwise prohibited under federal law
or otherwise specified in subdivision (e), for the 2008-09 fiscal
year to the 2014-15 fiscal year, inclusive, recipients of funds from
the items listed in paragraph (2) may use funding received, pursuant
to subdivision (b), from any of these items listed in paragraph (2)
that are contained in Section 2.00 of the annual Budget Act, for
any educational purpose.

(2) Items 6110-104-0001, 6110-105-0001, 6110-108-0001,
6110-122-0001, 6110-124-0001, 6110-137-0001, 6110-144-0001,
6110-150-0001, 6110-151-0001, 6110-156-0001, 6110-181-0001,
6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001,
6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001,
6110-209-0001, 6110-211-0001, 6110-227-0001, begin insert 6110-228-0001, end insert
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
begin delete 6110-244-0001, end delete 6110-245-0001, 6110-246-0001, 6110-247-0001,
begin insert 6110-248-0001, end insert 6110-260-0001, 6110-265-0001, 6110-266-0001,
6110-267-0001, 6110-268-0001, and 6360-101-0001 of Section
2.00.

(b) (1) For the 2009-10 fiscal year to the 2014-15 fiscal year,
inclusive, the Superintendent or other administering state agency,
as appropriate, shall apportion from the amounts provided in the
annual Budget Act for the items enumerated in paragraph (2) of
subdivision (a) an amount to recipients based on the same relative
proportion that the recipient received in the 2008-09 fiscal year
for the programs funded through the items enumerated in paragraph
(2) of subdivision (a).

(2) This section and Section 42 of Chapter 12 of the Third
Extraordinary Session of the Statutes of 2009 do not authorize a
school district that receives funding on behalf of a charter school
pursuant to Sections 47634.1 and 47651 to redirect this funding
for another purpose unless otherwise authorized in law or pursuant
to an agreement between a charter school and its chartering
authority. Notwithstanding paragraph (1), for the 2008-09 fiscal
year to the 2014-15 fiscal year, inclusive, a school district that
receives funding on behalf of a charter school pursuant to Sections
47634.1 and 47651 shall continue to distribute the funds to those
charter schools based on the relative proportion that the school
district distributed in the 2007-08 fiscal year, and shall adjust those
amounts to reflect changes in charter school attendance in the
district. The amounts allocated shall be adjusted for any greater
or lesser amount appropriated for the items enumerated in
paragraph (2) of subdivision (a). For a charter school that began
operation in the 2008-09 fiscal year, if a school district received
funding on behalf of that charter school pursuant to Sections
47634.1 and 47651, the school district shall continue to distribute
the funds to that charter school based on the relative proportion
that the school district distributed in the 2008-09 fiscal year and
shall adjust the amount of those funds to reflect changes in charter
school attendance in the district. The amounts allocated shall be
adjusted for any greater or lesser amount appropriated for the items
enumerated in paragraph (2) of subdivision (a).

(3) Notwithstanding paragraph (1), for the 2008-09 fiscal year
to the 2014-15 fiscal year, inclusive, the Superintendent shall
apportion from the amounts appropriated by Item 6110-211-0001
of Section 2.00 of the annual Budget Act an amount to a charter
school in accordance with the per-pupil methodology prescribed
in subdivision (c) of Section 47634.1.

(4) Notwithstanding paragraph (1), for the 2008-09 fiscal year
to the 2014-15 fiscal year, inclusive, the Superintendent shall
apportion from the amounts provided in the annual Budget Act an
amount to a school district, charter school, and county office of
education based on the same relative proportion that the local
educational agency received in the 2007-08 fiscal year for the
programs funded through the following items contained in Section
2.00 of the annual Budget Act: 6110-104-0001, 6110-105-0001,
6110-156-0001, 6110-190-0001, Schedule (3) of 6110-193-0001,
6110-198-0001, 6110-232-0001, and Schedule (2) of
6110-240-0001.

(5) For purposes of paragraph (4), if a direct-funded charter
school began operation in the 2008-09 fiscal year, the amount that
the charter school was entitled to receive from the items
enumerated in paragraph (4) for the 2008-09 fiscal year, as certified
by the Superintendent in March 2009, is deemed to have been
received in the 2007-08 fiscal year.

(c) (1) This section does not obligate the state to refund or repay
reductions made pursuant to this section. A decision by a school
district to reduce funding pursuant to this section for a
state-mandated local program shall constitute a waiver of the
subvention of funds that the school district is otherwise entitled to
pursuant to Section 6 of Article XIII B of the California
Constitution on the amount so reduced.

(2) (A) As a condition of receipt of funds, the governing board
of the school district or governing board of the county office of
education, as appropriate, at a regularly scheduled open public
hearing shall take testimony from the public, discuss, approve or
disapprove the proposed use of funding, and make explicit for each
of the budget items in paragraph (2) of subdivision (a) the purposes
for which the funds will be used.

(B) The regularly scheduled open public hearing held pursuant
to subparagraph (A) shall be held before and independent of a
meeting where the governing board of the school district or
governing board of the county office of education adopts a budget.
If the governing board intends to close a program funded by the
items listed in paragraph (2) of subdivision (a), the governing board
shall identify, in the notice of the agenda of the public hearing or
at another public hearing, the program or programs proposed to
be closed.

(3) Using the Standardized Account Code Structure reporting
process, a local educational agency shall report expenditures of
funds pursuant to the authority of this section by using the
appropriate function codes to indicate the activities for which these
funds are expended. The department shall collect and provide this
information to the Department of Finance and the appropriate
policy and budget committees of the Legislature by April 15, 2010,
and annually thereafter on April 15 until, and including, April 15,
2016.

(d) For the 2008-09 fiscal year to the 2014-15 fiscal year,
inclusive, local educational agencies that use the flexibility
provision of this section shall be deemed to be in compliance with
the program and funding requirements contained in statutory,
regulatory, and provisional language, associated with the items
enumerated in subdivision (a).

(e) Notwithstanding subdivision (d), the following requirements
shall continue to apply:

(1) For Item 6110-105-0001 of Section 2.00 of the annual
Budget Act, the amount authorized for flexibility shall exclude the
funding provided to fund remedial educational services pursuant
to Provision 4. For Item 6110-156-0001 of Section 2.00 of the
annual Budget Act, the amount authorized for flexibility shall
exclude the funding provided for instruction of CalWORKs-eligible
pupils pursuant to Schedules (2) and (3) and Provisions 2 and 4.

(2) (A) Any instructional materials purchased by a local
educational agency for kindergarten and grades 1 to 8, inclusive,
and for grades 9 to 12, inclusive, shall be aligned with the state
standards adopted pursuant to Section 60605 or 60605.8, and shall
also meet the reporting and sufficiency requirements contained in
Section 60119.

(B) For purposes of this section, “sufficiency requirements” are
the requirements that each pupil has sufficient textbooks and
instructional materials in the four core areas as defined by Section
60119 and that all pupils within the local educational agency who
are enrolled in the same course shall have identical textbooks and
instructional materials, as specified in Section 1240.3.

(3) For Item 6110-195-0001 of Section 2.00 of the annual
Budget Act, the item shall exclude moneys that are required to
fund awards for teachers that have previously met the requirements
necessary to obtain these awards, until the award is paid in full.

(4) For Item 6110-266-0001 of Section 2.00 of the annual
Budget Act, a county office of education shall conduct at least one
site visit to each of the required schoolsites pursuant to Section
1240 and shall fulfill all of the duties set forth in Sections 1240
and 44258.9.

(5) For Item 6110-198-0001 of Section 2.00 of the annual
Budget Act, a school district or county office of education that
operates the child care component of the Cal-SAFE program shall
comply with paragraphs (5) and (6) of subdivision (c) of Section
54746.

begin insert

(f) Notwithstanding paragraph (1) of subdivision (a), from the
amounts appropriated for Item 6110-248-0001 of Section 2.00 of
the annual Budget Act, three hundred twenty-one thousand dollars
($321,000) shall be apportioned for the strategies, programs, and
activities described in subdivision (d) of Section 32261.

end insert begin delete

(f)

end delete

begin insert (g) end insert  This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.

SEC. 3.  

Section 44279.2 of the Education Code is amended to
read:

44279.2.  

(a) The Superintendent and the commission shall
jointly administer the California Beginning Teacher Support and
Assessment System pursuant to this chapter. In administering this
section, the Superintendent and the commission shall provide or
contract for the provision of all of the following:

(1) Establishing requirements for reviewing and approving
teacher induction programs.

(2) Developing and administering a system for ensuring teacher
induction program quality and effectiveness. For purposes of this
section, “program effectiveness” means producing excellent
program outcomes in relation to the purposes defined in subdivision
(b) of Section 44279.1. For purposes of this section, “program
quality” means excellence with respect to program factors,
including, but not limited to, all of the following:

(A) Program goals.

(B) Design resources.

(C) Management, evaluation, and improvement of the program.

(D) School context and working conditions.

(E) Support and assessment services to each beginning teacher.

(3) Developing purposes and functions for reviewing and
approving supplemental grants and standards for program clusters
and program consultants, as defined pursuant to Section 44279.7.

(4) Improving and refining the formative assessment system.

(5) Improving and refining professional development materials
and strategies for all personnel involved in implementing induction
programs.

(6) Conducting and tracking research related to beginning
teacher induction.

(7) Periodically evaluating the validity of the California
Standards for the Teaching Profession adopted by the commission
and the Standards of Quality and Effectiveness for Beginning
Teacher Support and Assessment Program adopted by the
commission and making changes to those documents, as necessary.

begin delete

(8) Performing onsite reviews for all approved teacher induction
programs at least every five years.

end delete begin delete

(9)

end delete

begin insert (8) end insert  Notwithstanding Section 42605, implementing high-quality
teacher induction programs per certification criteria, pursuant to
subdivision (b) of Section 44279.1 and subdivision (e) of Section
44279.25, and enforcing each teacher induction program’s
standards to meet state standards.

begin insert

(b) The Superintendent shall conduct onsite reviews of all
approved teacher induction programs at least once every four
years, as a midpoint review to the accreditation process currently
conducted by the commission every seven years. The onsite review
shall be conducted in consultation with the commission on selected
elements of the teacher induction program and a complete fiscal
review. The Superintendent shall make the results of onsite reviews
available to the commission.

end insert begin delete

(b)

end delete

begin insert (c) end insert  As part of the California Beginning Teacher Support and
Assessment System, the commission and the Superintendent shall
establish requirements for local teacher induction programs.

begin delete

(c)

end delete

begin insert (d) end insert  A school district or consortium of school districts may apply
to the Superintendent for funding to establish a local teacher
induction program pursuant to this section. From amounts
appropriated for purposes of this section, the Superintendent shall
allocate three thousand dollars ($3,000) for each beginning teacher
participating in the program. That amount shall be adjusted each
fiscal year by the inflation factor set forth in Section 42238.1. To
be eligible to receive funding, a school district or consortium of
school districts shall, at a minimum, meet all of the following
requirements:

(1) Develop, implement, and evaluate teacher induction
programs that meet the Quality and Effectiveness for Beginning
Teacher Induction Program Standards adopted by the commission.

(2) Support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission.

(3) Meet criteria for the cost-effective delivery of program
services.

(4) From amounts received from local, state, or resources
available for purposes of teacher induction programs, contribute
not less than two thousand dollars ($2,000) for the costs of each
beginning teacher served in the induction program.

begin insert

(5) Not charge beginning teachers to participate in the teacher
induction program.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Teachers who have received their preliminary credential in
a district intern program pursuant to Article 7.5 (commencing with
Section 44325) or an intern program pursuant to Article 3
(commencing with Section 44450) of Chapter 3 and who are
participating in an induction program pursuant to this section are
not eligible for funding pursuant to Article 11 (commencing with
Section 44380).