BILL NUMBER: AB 470 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
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 teacher credentialing block
grant from the list of categorical education programs for which their
funding may be used for any educational purpose. 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.
(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. 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.
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 implementing
high-quality teacher induction programs per specified certification
criteria and enforcing each teacher induction program's standards to
meet state standards. 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 to not charge beginning teachers to
participate in the teacher induction program.
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),
subdivisions (e) and (f), 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, 6110-228-0001,
6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001,
6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001,
6110-248-0001, 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.
(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 and the
workshops described in Section 32283 .
(g) 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.
(8) 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.
(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.
(c)
(b) As part of the California Beginning Teacher Support
and Assessment System, the commission and the Superintendent shall
establish requirements for local teacher induction programs.
(d)
(c) 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.
(5) Not charge beginning teachers to participate in the teacher
induction program.
(e)
(d) 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).