Amended in Assembly May 24, 2013

Amended in Assembly May 6, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1186

Introduced by Assembly Member Bonilla

February 22, 2013

An act to begin delete amend Section 42605 of end delete begin insert add Article 8 (commencing with Section 60130) to Chapter 1 of Part 33 of Division 4 of Title 2 of end insert the Education Code, relating to begin delete school finance end delete begin insert pupil instruction end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1186, as amended, Bonilla. begin delete School finance: categorical programs. end delete begin insert Pupil instruction: Common Core Implementation Block Grant. end insert

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Existing law requires the Academic Content Standards Commission to develop, and the state board to adopt or reject, academic content standards in language arts and mathematics that are internationally benchmarked and build toward college and career readiness by the time of high school graduation, and requires at least 85% of these standards to be the common core academic content standards developed by the Common Core State Standards Initiative consortium or any associated or related interstate collaboration, except as specified.

end insert begin insert

This bill would establish the Common Core Implementation Block Grant for purposes of implementing the adopted common core academic content standards. The bill would require the Superintendent to allocate block grant funds to school districts, county offices of education, and charter schools on the basis of prior year enrollment and would require the school districts, county offices of education, or charter schools receiving block grant funds to use those funds for certain purposes, including professional development of teachers, administrators, and paraprofessional educators, as specified. The bill would require, as a condition of receiving block grant funds, the governing board of a school district, the county board of education, or the governing body of a charter school to adopt a plan delineating how the block grant funds shall be spent and to report detailed expenditure information to the State Department of Education on or before January 1, 2015, as specified. The bill would require the department to provide a summary of the expenditure information provided to it to the appropriate budget subcommittees and policy committees of the Legislature on or before July 3, 2015. The bill would require the Common Core Implementation Block Grant to not be implemented unless funding is provided for the block grant in the annual Budget Act or another statute.

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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.

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This bill would require the Superintendent 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, through the 2019-20 fiscal year. The bill would, commencing with the 2013-14 fiscal year, require a recipient of these funds to use at least 9% of the funds for purposes of professional development for certificated and administrative employees to implement the common core academic content standards, purchasing technology for the purpose of implementing state assessments aligned with the common core academic content standards, or implementation of programs that integrate science, technology, engineering, and mathematics, as appropriate, for pupils in grades 7 to 12, inclusive, or a combination of those purposes. The bill would provide that the requirement that 9% of the funds be used for the purposes described above is inoperative if total funding for the specified categorical programs for the 2013-14 fiscal year is not increased by 18% from that funding for the prior fiscal year or if a local control funding formula for kindergarten and grades 1 to 12, inclusive, is enacted during the 2013-14 legislative session. By extending the period of time that a local educational agency is required to report expenditures of funds received pursuant to this provision to the department, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Article 8 (commencing with Section 60130) is
added to Chapter 1 of Part 33 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 8. end insert   Common Core Implementation Block Grant

 

begin insert 60130. end insert   

This article shall be known, and may be cited, as the
Common Core Implementation Block Grant Act.

begin insert 60131. end insert   

(a) For purposes of implementing the common core
academic content standards adopted pursuant to Sections 60605.8,
60605.85, and 60811.3, there is hereby established the Common
Core Implementation Block Grant. It is the intent of the Legislature
that school districts, county offices of education, and charter
schools use block grant funds allocated pursuant to subdivision
(b) to support the integration of common core academic content
standards in instruction for kindergarten and grades 1 to 12,
inclusive, for purposes of establishing quality instructional
programs for all pupils.

(b) For the 2013-14 fiscal year, subject to subdivision (d), the
Superintendent shall allocate block grant funds to school districts,
county offices of education, and charter schools on the basis of
prior year enrollment. The allocated block grant funds shall be
available for encumbrance through the 2014-15 fiscal year.

(c) A school district, county office of education, or charter
school shall expend block grant funds allocated pursuant to this
section for any of the following purposes:

(1) Professional development for teachers, administrators, and
paraprofessional educators that is aligned to the common core
academic content standards adopted pursuant to Sections 60605.8,
60605.85, and 60811.3.

(2) Instructional materials aligned to the common core academic
content standards adopted pursuant to Sections 60605.8, 60605.85,
and 60811.3, including, but not limited to, supplemental
instructional materials as provided in Sections 60605.86, 60605.87,
and 60605.88.

(3) Integration of the common core academic content standards
through technology-based instruction for purposes of improving
the academic performance of pupils, including, but not limited to,
administering computer-based assessments and providing
high-speed, high-bandwidth Internet connectivity for the purpose
of administering computer-based assessments.

(d) As a condition of receiving block grant funds allocated
pursuant to this section, the governing board of a school district,
county board of education, or the governing body of a charter
school shall do both of the following:

(1) Develop and adopt a plan delineating how block grant funds
allocated pursuant to this section shall be spent. The plan shall
be explained in a regularly scheduled public meeting of the
governing board of the school district, county board of education,
or governing body of the charter school, before its adoption in a
subsequent regularly scheduled public meeting.

(2) On or before January 1, 2015, report detailed expenditure
information to the department, including, but not limited to, specific
purchases made and the number of teachers, administrators, or
paraprofessional educators that received professional development.
The department shall determine the format for this report.

(e) The department shall summarize the information reported
pursuant to paragraph (2) of subdivision (d) and shall submit the
summary to the appropriate budget subcommittees and policy
committees of the Legislature on or before July 3, 2015.

begin insert 60132. end insert   

This article shall not be implemented unless funding is
provided for the Common Core Implementation Block Grant in
the annual Budget Act or another statute.

end insert

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SECTION 1.  

Section 42605 of the Education Code is amended
to read:

42605.  

(a) (1) Unless otherwise prohibited under federal law
or otherwise specified in subdivisions (e) and (g), for the 2008-09
fiscal year to the 2019-20 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 2019-20 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
school 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 school 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 2019-20 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 2019-20 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 this information
and provide it 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,
2021.

(d) For the 2008-09 fiscal year to the 2019-20 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
students 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) This section does not invalidate any state law pertaining to
teacher credentialing requirements or the functions that require
credentials.

(g) (1) Commencing with the 2013-14 fiscal year, the
authorization in subdivision (a), to use funding received pursuant
to subdivision (b) for any educational purpose, shall only apply
if, for each fiscal year from 2013-14 fiscal year to the 2019-20
fiscal year, inclusive, the recipient uses at least 9 percent of the
total amount of funds received pursuant to subdivision (b) for any,
or a combination, of the following purposes:

(A) Professional development for certificated and administrative
employees to implement the common core academic content
standards established pursuant to Section 60605.8.

(B) Purchasing technology for the purpose of implementing
state assessments aligned with the common core academic content
standards.

(C) Implementation of programs that integrate science,
technology, engineering, and mathematics, as appropriate for pupils
in grades 7 to 12, inclusive.

(2) This subdivision shall be inoperative if either of the
following apply:

(A) The total amount provided for the items enumerated in
paragraph (2) of subdivision (a) for the 2013-14 fiscal year is
increased by less than 18 percent over the amount provided for
those items in the 2012-13 fiscal year.

(B) A local control funding formula for kindergarten and grades
1 to 12, inclusive, is enacted during the 2013-14 legislative session.

(3) If the department determines that this subdivision applies,
it shall promptly display that fact prominently on the department’s
Internet Web site.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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