California Legislature—2013–14 Regular Session

Assembly Bill No. 1152

Introduced by Assembly Member Ammiano

February 22, 2013

An act to amend Section 42605 of the Education Code, relating to school finance.

LEGISLATIVE COUNSEL’S DIGEST

AB 1152, as introduced, Ammiano. School finance: categorical programs.

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 school districts, for those fiscal years, to use these funds, with specified exceptions, for any educational purpose, to the extent permitted by federal law. Existing law requires a local educational agency to report expenditures of these funds to the State Department of Education.

This bill would remove the California School Age Families Education Program (Cal-SAFE) from the list of categorical education programs for which their funding may be used for any educational purpose. This bill would also require school districts, charter schools, and county offices of education selecting not to maintain or reestablish a Cal-SAFE program to have their funding received in the annual Budget Act for the Cal-SAFE program reappropriated to the Budget Act item related to the Cal-SAFE program in the 2013-14 fiscal year and each subsequent fiscal year. The reappropriated funds shall be restricted to expanding existing Cal-SAFE programs or establishing new Cal-SAFE programs.

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.  

The Legislature hereby finds and declares all of
the following:

(a) The California School Age Families Education Program
(Cal-SAFE) is a comprehensive, integrated, community-linked
school-based program that improves the educational experiences
for two vulnerable populations: expectant and parenting pupils
and their children. The Cal-SAFE program is designed to focus
on dropout prevention, school success, and youth development for
enrolled pupils by increasing the availability of targeted supportive
services, and to provide child care and development services for
the children of enrolled pupils so that they are healthy and have
enhanced school readiness.

(b) Since its implementation in 2000, the Cal-SAFE program
has enrolled over 120,000 expectant and parenting pupils, including
expectant and parenting fathers, along with over 78,000 of their
young children.

(c) Most of the expectant and parenting pupils are low-income
pupils and many struggle to speak proficient English. The
Cal-SAFE program assists in breaking generational cycles of teen
pregnancy, welfare dependency, and delinquency.

(d) The Cal-SAFE Program 12-Year Evaluation: 2000-12, an
independent evaluation, documented key outcomes from 2000 to
2012, inclusive, and included the following:

(1) Over 73 percent of the pupils exiting the Cal-SAFE program
successfully completed their high school education. This graduation
rate for teen mothers exceeds the 38 percent graduation rate for
teen mothers in the nation as cited by Perper, Peterson, and
Manlove in their 2010 report titled Diploma Attainment Among
Teen Mothers.

(2) From 2009 to 2012, inclusive, nearly 70 percent of the 12th
grade Cal-SAFE pupils passed the California High School Exit
Exam.

(3) Only 8 percent of the babies born represented repeat births
while their parents were enrolled in the Cal-SAFE program. This
percentage is 50 percent lower than the 16 percent repeat birth rate
in 2009 for the nation, as cited by Child Trends in the Teen
Pregnancy and Repeat Teen Pregnancy: Data and Key
Determinants.

(4) Only 7.07 percent of children at birth weighed less than
2,500 grams, an accepted threshold for low birth weights, while
their parents were enrolled in the Cal-SAFE program. This
percentage is lower than the national low birth weight rate of 13.4
percent for mothers under 15 years of age, and lower than the rate
of 10 percent for mothers ages 15 to 19, inclusive.

(5) Almost 60 percent of the children of Cal-SAFE program
pupils attended a child care center funded by the Cal-SAFE
program and received services based on developmental needs.
Furthermore, 95 percent of the children enrolled in
Cal-SAFE-sponsored child care were up-to-date on their
immunizations. This substantially exceeds the national and state
immunization rates of 82 percent and 81 percent, respectively, for
children 19 to 35 months of age, inclusive.

(e) The Sargent Shriver National Center on Poverty Law
commended California for the successful Cal-SAFE program
model. The Sargent Shriver National Center on Poverty Law was
noted as stating: “The Cal-SAFE program is an excellent model
for other states seeking to support their youth who are expecting
and parenting so that they may succeed in school and fortify their
and their children’s future well-being.” California, however, will
not remain the leader in services to this vulnerable pupil and child
population without funds.

(f) Nationally recognized for its success, the Cal-SAFE program
is the model program for the congressional bill Pregnant and
Parenting Students Access to Education Act of 2011 (House
Resolution No. 2617), which would provide federal funding to
states for implementing similar models.

(g) Since the Cal-SAFE program has been in the tier III
maximum categorical flexibility funding, the number of local
educational agencies operating a Cal-SAFE program has decreased
from 146 in the 2007-08 school year to only 118 in the 2011-12
school year. Only a few of the local educational agencies operate
by the statutory requirements pursuant to the California School
Age Families Education Program (Article 7.1 (commencing with
Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2).

(h) For eight years Cal-SAFE programs served numerous pupils
and their children, but the February 2009 changes to tier III
maximum categorical flexibility funding resulted in Cal-SAFE
programs serving a decreased number of expectant and parenting
pupils and their children.

(1) From the peak of 13,270 enrolled pupils during the 2007-08
school year, Cal-SAFE Program 12-Year Evaluation: 2000-12
reported that the number of pupils served decreased 47 percent to
an estimated 6,865 pupils who received services during the
2011-12 school year.

(2) It is estimated that existing Cal-SAFE programs will only
serve 3,500 pupils and 1,700 children in the 2013-14 school year.
Since the Cal-SAFE program was entered into the tier III maximum
categorical flexibility funding, services to Cal-SAFE pupils
decreased by 74 percent.

(i) The Governor’s budget proposal for the 2013-14 fiscal year
to eliminate all Cal-SAFE program funding and further flex the
funds to local educational agencies will result in the following
consequences:

(1) The California Department of Public Health, Maternal, Child,
and Adolescent Health (MCAH) and the Adolescent Family Life
Program (AFLP) are at risk of losing federal funding for
collaborative positive youth development programs that use local
Cal-SAFE program sites as grant partners.

(2) The MCAH’s federally funded Nurse Family Partnership
(NFP) and national home visiting programs will also be negatively
impacted since MCAH relies largely on Cal-SAFE program
schoolsites for referrals to and from the NFP program.

(3) The State of California and local educational agencies will
be unable to use Cal-SAFE program dollars to leverage any
additional dollars from federal and state sources, as well as
community, philanthropic, faith-based, and private sector funding.

(4) The Superintendent of Public Instruction’s goal to close the
achievement gap and dropout rate will not be met as a result of
eliminating Cal-SAFE program funding. The Superintendent’s
effort to focus on early education and targeted remediation for
pupils will not be met. Cal-SAFE program goals of closing the
achievement gap and drop out rates, and focusing on early
education and targeting remediation for pupils will not be able to
assist the Superintendent in achieving his or her goals as a result
of eliminating Cal-SAFE program funds.

(5) The state will, once again, be burdened with increased teen
pregnancies, welfare dependency, and delinquency leading to
additional costs to the state medical, mental health, social services,
welfare, and corrections systems. The Cal-SAFE program models
the assertion that equal treatment in unequal situations for expectant
and parenting pupils and their children is not justice.

(6) Local educational agencies no longer operating a Cal-SAFE
program will experience a significant loss of revenue since
expectant and parenting pupils will not have the support services
to remain in school. As a result, school dropout rates will increase
because of the decreased services and increased responsibilities
of pregnancy and parenting.

(7) Expectant and parenting pupils are more likely to experience
discrimination because of their pregnant and parenting status, in
violation of Title IX of the federal Education Amendments of 1972
(20 U.S.C. Sec. 1681 et seq.), resulting in a high risk for civil rights
lawsuits.

(8) Teen fathers once again will be at a higher risk of low
educational achievement, will be more likely to drop out of school,
will be more likely to work in low paying, unskilled jobs with little
promise of future improvement, and will more likely engage in
delinquent or criminal activities leading to lifelong adversities.

(9) Children of teen mothers will be more likely at risk for
experiencing behavior problems during adolescence, engaging in
delinquent or criminal activities, becoming sexually active at a
young age, and becoming teen parents themselves.

(10) Expectant and parenting pupils and their children will
experience increased family and relationship violence and will
lack positive parenting and life skills without the learning
environment provided by the Cal-SAFE program.

SEC. 2.  

It is the intent of the Legislature that the Cal-SAFE
program shall remain a viable, separate program, that the Cal-SAFE
program shall be removed from the tier III maximum categorical
flexibility funding, that the Cal-SAFE program shall be removed
from any future proposed changes to categorical programs, that
the Cal-SAFE program shall operate as the model specified in
statutory and regulatory language, and that funds not used by local
educational agencies to operate the Cal-SAFE program shall be
relinquished to the Cal-SAFE program budget line item for
establishing new programs or program expansion.

SEC. 3.  

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, begin delete 6110-198-0001, end delete 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,
begin delete 6110-198-0001, end delete 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
begin delete students end delete begin insert pupils end insert 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, begin delete “sufficiency” means end delete
begin insert “sufficiency requirements” are the requirements end insert 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.

begin delete

(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.

end delete

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

begin insert

(g) (1) The California School Age Families Education Program
(Cal-SAFE) operated by school districts, charter schools, and
county offices of education shall be exempt from any new education
financing proposal that would eliminate categorical programs
commencing with the 2013-14 fiscal year and all subsequent fiscal
years.

end insert begin insert

(2) Cal-SAFE programs operated by school districts, charter
schools, and county offices of education in the 2007-08 fiscal year
shall comply, commencing in the 2013-14 fiscal year, with the
program and funding requirements specified in the California
School Age Families Education Program (Article 7.1 (commencing
with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title
2) and related regulations.

end insert begin insert

(3) School districts, charter schools, and county offices of
education selecting not to maintain or reestablish a Cal-SAFE
program described in paragraph (2) shall have the funding
received in the annual Budget Act for the Cal-SAFE program
reappropriated to the Budget Act item related to the Cal-SAFE
program in the 2013-14 fiscal year and each subsequent fiscal
year. The reappropriated funds shall be restricted to expanding
existing Cal-SAFE programs or establishing new programs serving
the specific pupil and child populations.

end insert