Amended in Senate September 4, 2013

Senate Bill No. 587

Introduced by Senator Emmerson

February 22, 2013

begin delete An act to amend Section 1170.3 of the Penal Code, relating to sentencing. end delete begin insert An act to amend Sections 17193.5, 17199.4, 17592.74, 32282, 35186, 35292.5, 41003.3, 44279.2, 44279.25, 44279.7, 44320, 44328, 47613.1, 47630, 47634.3, 47634.4, 47650, 47651, 48660, 48667, 60119, 60851, 63000, 63001, and 64000 of, to amend the heading of Article 7 (commencing with Section 60117) of Chapter 1 of Part 33 of Division 4 of Title 2 of, to repeal Sections 315.5, 316.5, 317, 1982, 1982.3, 1982.5, 1983.5, 17584.3, 17586, 17588, 17592, 32285, 41376, 41378, 45037, 46306, 47613.2, 47630.5, 47633, 47634.1, 48660.2, 48663, 48664, 60117, 60118, 62002, 62002.5, 62003, 62004, 62005, and 62005.5 of, to repeal Article 11 (commencing with Section 1830) of Chapter 6 of Part 2 of Division 1 of Title 1 of, to repeal Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of, to repeal Article 10.4 (commencing with Section 35294.10) of Chapter 2 of Part 21 of Division 3 of Title 2 of, to repeal Article 4 (commencing with Section 37252) of Chapter 2 of Part 22 of Division 3 of Title 2 of, to repeal Article 1 (commencing with Section 41500), Article 2 (commencing with Section 41505), Article 3 (commencing with Section 41510), Article 4 (commencing with Section 41520), Article 5 (commencing with Section 41530), and Article 7 (commencing with Section 41570) of Chapter 3.2 of Part 24 of Division 3 of Title 2 of, to repeal Article 13 (commencing with Section 41920) of Chapter 5 of Part 24 of Division 3 of Title 2 of, to repeal Article 3 (commencing with Section 42260) of Chapter 7 of Part 24 of Division 3 of Title 2 of, to repeal Article 11 (commencing with Section 44380), Article 12 (commencing with Section 44390), and Article 13 (commencing with Section 44395) of Chapter 2 of Part 25 of Division 3 of Title 2 of, to repeal Article 4.5 (commencing with Section 44500), Article 5 (commencing with Section 44520), Article 6 (commencing with Section 44560), Article 7 (commencing with Section 44570), Article 8 (commencing with Section 44580), Article 10 (commencing with Section 44630), Article 10.5 (commencing with Section 44645), and Article 10.6 (commencing with Section 44650) of Chapter 3 of Part 25 of Division 3 of Title 2 of, to repeal Article 3 (commencing with Section 44681) of Chapter 3.1 of Part 25 of Division 3 of Title 2 of, to repeal Article 8.5 (commencing with Section 45370) of Chapter 5 of Part 25 of Division 3 of Title 2 of, to repeal Article 15 (commencing with Section 51870) of Chapter 5 of Part 28 of Division 4 of Title 2 of, to repeal Article 4.5 (commencing with Section 52378), Article 5 (commencing with Section 52381), Article 8 (commencing with Section 52480), and Article 9 (commencing with Section 52485) of Chapter 9 of Part 28 of Division 4 of Title 2 of, to repeal Article 4 (commencing with Section 52750) of Chapter 11 of Part 28 of Division 4 of Title 2 of, to repeal Article 1 (commencing with Section 52800) of Chapter 12 of Part 28 of Division 4 of Title 2 of, to repeal Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2 of, to repeal Article 3 (commencing with Section 60240) and Article 7 (commencing with Section 60350) of Chapter 2 of Part 33 of Division 4 of Title 2 of, to repeal Chapter 5.1 (commencing with Section 8820) of Part 6 of Division 1 of Title 1 of, to repeal Chapter 13 (commencing with Section 11200) and Chapter 17 (commencing with Section 11600) of Part 7 of Division 1 of Title 1 of, to repeal Chapter 2.5 (commencing with Section 37300) of Part 22 of Division 3 of Title 2 of, to repeal Chapter 3.3 (commencing with Section 44700), Chapter 3.33 (commencing with Section 44720), Chapter 3.34 (commencing with Section 44730), Chapter 3.36 (commencing with Section 44735), Chapter 3.45 (commencing with Section 44755), and Chapter 3.5 (commencing with Section 44760) of Part 25 of Division 3 of Title 2 of, to repeal Chapter 6.8 (commencing with Section 52080), Chapter 6.9 (commencing with Section 52100), Chapter 6.10 (commencing with Section 52120), Chapter 7 (commencing with Section 52130), Chapter 8 (commencing with Section 52200), Chapter 8.3 (commencing with Section 52240), Chapter 8.5 (commencing with Section 52250), Chapter 8.6 (commencing with Section 52270), and Chapter 12.5 (commencing with Section 52920) of Part 28 of Division 4 of Title 2 of, to repeal Chapter 1 (commencing with Section 54000) and Chapter 2 (commencing with Section 54100) of Part 29 of Division 4 of Title 2 of, to repeal Chapter 5 (commencing with Section 58700) of Part 31 of Division 4 of Title 2 of, and to repeal Chapter 4 (commencing with Section 60500) of Part 33 of Division 4 of Title 2 of, the Education Code, relating to school finance. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 587, as amended, Emmerson. begin delete Sentencing. end delete begin insert School finance: categorical programs. end insert

begin insert

Existing law establishes the public school system in this state, and, among other things, provides for the establishment of county superintendents of schools, school districts, and charter schools throughout the state and for their provision of instruction at the public elementary and secondary schools these local educational agencies maintain. Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified.

end insert begin insert

Existing law establishes various education programs under which funding is provided for specific educational purposes, which are commonly known as categorical programs, including, among many others, programs for community-based English tutoring, teacher training, and class size reduction. Existing law further authorizes local educational agencies to expend, for any local educational purpose, the funds previously required to be spent on specified categorical education programs.

end insert begin insert

This bill would repeal many provisions requiring, authorizing, or prescribing the elements of certain categorical education programs, and would make conforming changes, correct cross-references, and make other nonsubstantive changes.

end insert begin delete

Existing law requires the Judicial Council to seek to promote uniformity in sentencing by adopting rules providing criteria for the consideration of the trial judge at the time of sentencing, as specified, and by adopting rules standardizing the minimum content and the sequential presentation of material in probation officer reports submitted to the court.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 315.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

315.5.  

(a) In furtherance of its constitutional and legal
requirement to offer special language assistance to children coming
from backgrounds of limited English proficiency, the state shall
encourage family members and others to provide personal English
language tutoring to those children, and support these efforts by
raising the general level of English language knowledge in the
community.

(b) Programs funded under this section shall be provided through
schools or community organizations.

(c) Funding for programs authorized under this section shall be
provided pursuant to an appropriation in the annual Budget Act.
Funds shall be apportioned to the Superintendent for disbursement
to school districts for the purpose of providing funding under this
section for free or subsidized programs of adult English language
instruction to parents or other members of the community who
pledge to provide personal English language tutoring to improve
the English language proficiency of California school children
with limited English proficiency.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 316.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

316.5.  

(a) The Legislature finds and declares all of the
following:

(1) The more a parent or guardian is involved in the education
of his or her child the better the child will perform in school.

(2) English language proficiency is critical to academic success.

(b) As a condition for receiving funding under Section 315.5
for the 2007-08 fiscal year, each school district shall develop a
plan, to be approved by the governing board of the school district,
certifying that it will do all of the following:

(1) Emphasize English language acquisition and tutoring skills
for parents whose primary language is not English.

(2) Whenever possible, operate Community-Based English
Tutoring (CBET) Programs at neighborhood schoolsites in order
to provide full articulation between CBET Programs and
instructional programs for school-aged English language learners.

(3) Describe in its plan how the program will encourage the
following:

(A) Opportunities for parent-child tutoring activities.

(B) Opportunities for the parent to become involved at the school
that his or her child attends.

(4) Describe how the program will document the following:

(A) Literacy training for adults that leads to English fluency
and the ability to provide educational support for children.

(B) Development of tutoring skills.

(5) Describe the projected goals of the program with respect to
participant educational achievement and the manner in which the
agency will measure and report progress in meeting its goals.

(6) Describe the manner in which the program will leverage
available funding from federal, state, and local sources in the area
proposed to be served by the agency.

(7) Include a program to recruit parents of K-12 English
language learners, especially parents of pupils enrolled in K-12
schools that are eligible to participate in the High Priority Schools
Grant Program established under Article 3.5 (commencing with
Section 52055.600) of Chapter 6.1 of Part 28.

(8) The plan shall demonstrate that the CBET Program meets
the following objectives in order to ensure that adult students in
the CBET Program provide the best possible tutoring to K-12
English language learners:

(A) The adult students participating in the CBET Program shall
make measurable English language learning progress.

(B) The CBET Program shall be administered in accordance
with research-based strategies for teaching English language
learners.

(C) The data collected under Section 317 shall be used by CBET
administrators and staff to inform curriculum, instruction,
assessment, research, and in-service staff development.

(c) As a condition for receiving funding under Section 315.5
for the 2008-09 fiscal year and for each fiscal year thereafter, the
governing board of the school district shall review, revise as
necessary, and approve the plan. The plan shall be reviewed, and
revised as necessary, not less than once every three years. During
its review, the governing board shall consider the data collected
under Section 317.

(d) For the purposes of this section, the term “parent” includes
a parent, legal guardian, primary caregiver, or an individual in loco
parentis.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 317 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

317.  

(a) As a condition for receiving funds under Section 315.5
in any fiscal year, a school district shall collect the following data
for use in updating its plans and to make available to the state as
requested:

(1) Improvement in adult English-as-a-second-language literacy
skill levels in reading, writing, and speaking the English language,
numeracy, problemsolving, and other literacy skills.

(2) Improvements in the attendance of pupils with
limited-English-language proficiency who have received tutoring
from adults who have been identified as participants in programs
established pursuant to Sections 315, 315.5, 316, and 316.5.

(b) A school district that receives funding under Section 315.5
shall provide a pretest and a posttest of reading achievement for
adult English-as-a-second-language pupils.

(c) The district shall review individual K-12 pupil data from
the English language development test administered under Section
60810 and the Standardized Testing and Reporting (STAR)
Program set forth in Article 4 (commencing with Section 60640)
of Chapter 5 of Part 33, in order to determine whether there has
been achievement progress made by K-12 pupils who were tutored
by Community-Based English Tutoring (CBET) Program students.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Article 11 (commencing with Section 1830) of Chapter
6 of Part 2 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1982 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

1982.  

(a) County community schools shall be administered
by the county superintendent of schools.

For purposes of making apportionments from the State School
Fund and the levying of local taxes, any attendance generated by
pupils in county community schools in kindergarten or any of
grades 1 to 12, inclusive, who are enrolled pursuant to subdivisions
(a), (b), and (d) of Section 1981 as well as any attendance generated
by pupils in county community schools in kindergarten or any of
grades 1 to 6, inclusive, who are enrolled pursuant to paragraph
(1) or (2) of subdivision (c) of Section 1981 shall be credited to
the district of residence. School districts shall pay to the county
for the purposes of the community schools the entire revenue limit
for each average daily attendance credited pursuant to this section.
No funds generated by average daily attendance credited pursuant
to this section shall be retained by the district of residence. The
county superintendent of schools may use funds derived from
existing tax revenues to provide additional funding per pupil
enrolled in county community schools but not to exceed the
difference between the amount derived per pupil from the district
and the amount available per pupil enrolled in juvenile court
schools.

(b) For the purposes of making apportionments from the State
School Fund, pupils enrolled in county community schools
pursuant to subdivision (c) of Section 1981 shall be deemed to be
enrolled in a county juvenile hall or camp except pupils enrolled
in kindergarten or any of grades 1 to 6, inclusive, who are enrolled
pursuant to paragraph (1) or (2) of subdivision (c) of Section 1981.

(c) For the purposes of this section, the county superintendent
of schools providing educational services to homeless children
shall be deemed to be the district of residence of those children.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1982.3 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

1982.3.  

Any amounts received by a county superintendent of
schools for revenue limit purposes that are derived from the average
daily attendance generated by pupils enrolled in a community
school shall be expended only for the purposes specified in
subdivision (b) of Section 42238.18.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1982.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

1982.5.  

Notwithstanding subdivision (b) of Section 1982, for
purposes of making apportionments from the State School Fund,
pupils enrolled in juvenile court schools because they were expelled
pursuant to subdivision (a) of Section 48915 shall be deemed the
same as pupils enrolled in county community schools pursuant to
subdivision (a), (b), or (d) of Section 1981.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1983.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

1983.5.  

Notwithstanding any other provision of law,
apportionments claimed by a county office of education for units
of average daily attendance for pupils enrolled pursuant to
subdivision (c) of Section 1981 in excess of the number claimed
by that county office in the 1991-92 fiscal year shall be funded at
the statewide average revenue limit per unit of average daily
attendance for that category of enrollment. This section does not
apply to pupils enrolled in kindergarten or any of grades 1 to 6,
inclusive, pursuant to paragraphs (1) or (2) of subdivision (c) of
Section 1981.

end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Chapter 5.1 (commencing with Section 8820) of Part
6 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Chapter 13 (commencing with Section 11200) of Part
7 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Chapter 17 (commencing with Section 11600) of Part
7 of Division 1 of Title 1 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 17193.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

17193.5.  

(a) For purposes of this section, “public credit
provider” means any financial institution or combination of
financial institutions, that consists either solely, or has as a member
or participant, a public retirement system. Notwithstanding any
other law, a public credit provider, in connection with providing
credit enhancement for bonds, notes, certificates of participation,
or other evidences of indebtedness of a participating party, may
require the participating party to agree to the following conditions:

(1) If a participating party adopts a resolution by a majority vote
of its board to participate under this section, it shall provide notice
to the Controller of that election. The notice shall include a
schedule for the repayment of principal and interest on the bonds,
notes, certificates of participation, or other evidence of
indebtedness and identify the public credit provider that provided
credit enhancement. The notice shall be provided not later than
the date of issuance of the bonds.

(2) If, for any reason a public credit provider is required to make
principal or interest payments or both pursuant to a credit
enhancement agreement, the public credit provider shall
immediately notify the Controller of that fact and of the amount
paid out by the public credit provider.

(3) Upon receipt of the notice required by paragraph (2), the
Controller shall make an apportionment to the public credit
provider in the amount of the payments made by the public credit
provider for the purpose of reimbursing the public credit provider
for its expenditures made pursuant to the credit enhancement
agreement. The Controller shall make that apportionment only
from moneys designated for apportionments to a participating
party, provided that such moneys are from one or more of the
following:

(A) Any begin insert funding apportioned for purposes of end insert revenue begin delete limit
apportionments end delete begin insert limits or the local control funding formula pursuant end insert
to begin insert Section 42238.02, as implemented by Section 42238.03, to end insert a
school district or county office of education without regard to the
specific funding source of the apportionment.

(B) Any general apportionments to a community college district
without regard to the specific funding source of the apportionment.

begin delete end delete begin delete

(C) Any charter school block grant apportionments to a charter
school without regard to the specific funding source of the
apportionment.

end delete begin delete end delete begin delete

(D)

end delete

begin insert (C) end insert  Any begin insert funding apportioned for purposes of the end insert charter school
begin delete categorical end delete block grant begin delete apportionments end delete begin insert or the local control funding
formula pursuant end insert to begin insert Section 42238.02, as implemented by Section
42238.03, to end insert a charter school without regard to the specific funding
source of the apportionment.

(b) The amount apportioned for a participating party pursuant
to this section shall be deemed to be an allocation to the
participating party and shall be included in the computation of
allocation, limit, entitlement, or apportionment for the participating
party. The participating party and its creditors do not have a claim
to funds apportioned or anticipated to be apportioned to the trustee
by the Controller pursuant to paragraph (3) of subdivision (a).

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 17199.4 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

17199.4.  

(a) Notwithstanding any other law, any participating
party, in connection with securing financing or refinancing of
projects, or working capital pursuant to this chapter, may elect to
guarantee or provide for payment of the bonds and related
obligations in accordance with the following conditions:

(1) If a participating party adopts a resolution by a majority vote
of its board to participate under this section, it shall provide notice
to the Controller of that election. The notice shall include a
schedule for the repayment of principal and interest on the bonds,
and any other costs necessary or incidental to financing pursuant
to this chapter, and identify a trustee appointed by the participating
party or the authority for purposes of this section. If payment of
all or a portion of the principal and interest on the bond is secured
by a letter of credit or other instrument of direct payment, the
notice may provide for reimbursements to the provider of the
instrument in lieu of payment of that portion of the principal and
interest of the bonds. The notice shall be provided not later than
the date of issuance of the bonds or 60 days before the next
payment, whichever date is later. The participating party shall
update the notice at least annually if there is a change in the
required payment for any reason, including, but not limited to,
providing for new or increased costs necessary or incidental to the
financing.

(2) If, for any reason, the participating party will not make a
payment at the time the payment is required, the participating party
shall notify the trustee of that fact and of the amount of the
deficiency. If the trustee receives this notice from the participating
party, or does not receive any payment by the date that payment
becomes due, the trustee shall immediately communicate that
information to the Controller.

(3) Upon receipt of the notice required by paragraph (2), the
Controller shall make an apportionment to the trustee on the date
shown in the schedule in the amount of the deficiency for the
purpose of making the required payment. The Controller shall
make that apportionment only from moneys designated for
apportionment to a participating party, provided that such moneys
are from one or more of the following:

(A) Any begin insert funding apportioned for purposes of end insert revenue begin delete limit
apportionments end delete begin insert limits or the local control funding formula pursuant end insert
to begin insert Section 42238.02, as implemented by Section 42238.03, to end insert a
school district or county office of education without regard to the
specific funding source of the apportionment.

begin delete end delete begin delete

(B) Any charter school block grant apportionments to a charter
school without regard to the specific funding source of the
apportionment.

end delete begin delete end delete begin delete

(C)

end delete

begin insert (B) end insert  Any begin insert funding apportioned for purposes of the end insert charter school
begin delete categorical end delete block grant begin delete apportionments end delete begin insert or the local control funding
formula pursuant end insert to begin insert Section 42238.02, as implemented by Section
42238.03, to end insert a charter school without regard to the specific funding
source of the apportionment.

(4) As an alternative to the procedures set forth in paragraphs
(2) and (3), the participating party may provide a transfer schedule
in its notice to the Controller of its election to participate under
this section. The transfer schedule shall set forth amounts to be
transferred to the trustee and the date for the transfers. The
Controller, subject to the limitation in paragraph (3), shall make
apportionments to the trustee of those amounts on the specified
date for the purpose of making those transfers. The authority may
require a participating party to proceed under this subdivision.

(b)  The amount apportioned for a participating party pursuant
to this section shall be deemed to be an allocation to the
participating party and shall be included in the computation of
allocation, limit, entitlement, or apportionment for the participating
party.

The participating party and its creditors do not have a claim to
funds apportioned or anticipated to be apportioned to the trustee
by the Controller pursuant to paragraph (3) and (4) of subdivision
(a), or to the funds apportioned to by the Controller to the trustee
under any other provision of this section.

(c) (1)  Participating parties that elect to participate under this
section shall apply to the authority. The authority shall consider
each of the following priorities in making funds available:

(A) First priority shall be given to school districts, charter
schools, or county offices of education that apply for funding for
instructional classroom space.

(B) Second priority shall be given to school districts, charter
schools, or county offices of education that apply for funding of
modernization of instructional classroom space.

(C) Third priority shall be given to all other eligible costs, as
defined in Section 17173.

(2) The authority shall prioritize applications at appropriate
intervals.

(3) A school district electing to participate under this section
that has applied for revenue bond moneys for purposes of joint
venture school facilities construction projects, pursuant to Article
5 (commencing with Section 17060) of Chapter 12, shall not be
subject to the priorities set forth in paragraph (1).

(d) This section shall not be construed to make the State of
California liable for any payments within the meaning of Section
1 of Article XVI of the California Constitution or otherwise, except
as expressly provided in this section.

(e) A school district that has a qualified or negative certification
pursuant to Section 42131, or a county office of education that has
a qualified or negative certification pursuant to Section 1240, may
not participate under this section.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 17584.3 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

17584.3.  

(a) A priority for use of funds appropriated pursuant
to Section 17584 shall be to ensure that facilities, including, but
not limited to, restroom facilities for pupils, are functional and that
they meet local hygiene standards generally applicable to public
facilities.

(b) This section does not authorize the use of funds apportioned
pursuant to Section 17584 for regular operational and maintenance
costs of restrooms and other facilities. The funds apportioned
pursuant to Section 17584 may only be used for the deferred
maintenance of those facilities consistent with subdivision (a) of
Section 17582.

end delete

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 17586 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

17586.  

Notwithstanding any limitations imposed as a result of
actions taken by the State Allocation Board pursuant to Section
17462, a school district shall be eligible to receive an
apportionment pursuant to subdivision (b) of Section 17584, if it
meets all of the following criteria:

(a) There are excess revenues that resulted from the sale of
surplus sites upon which there was no encumbrance to the board.

(b) The Superintendent of Public Instruction has verified all of
the following:

(1) The district had a fiscal emergency in any one or both of the
1987-88 and 1988-89 fiscal years.

(2) The fiscal emergency was caused primarily by required
expenditures.

(3) The district has taken reasonable steps to address the fiscal
emergency.

end delete

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 17588 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

17588.  

As a result of the determination made in Section 17587,
the State Allocation Board may do any of the following:

(a) Increase the apportionment to an eligible school district by
the amount it determines necessary to complete the critical project,
and require a contribution by the district.

(b) Waive repayment by the district, in whole or in part.

(c) Reduce state apportionments pursuant to Section 17584 in
future years to offset the increased apportionment.

The State Allocation Board shall develop and adopt regulations
for the application of subdivisions (a), (b), and (c). The regulations
may give consideration to a school district’s financial resources,
ongoing deferred maintenance needs, and the nature of the project
for which the hardship apportionment is requested.

The waiver authorized in subdivision (b) may be applied by the
board to any repayment otherwise required by law, regardless of
apportionment date.

end delete

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 17592 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

17592.  

From any moneys in the State School Deferred
Maintenance Fund, the board shall make available to the Director
of General Services such amounts as it determines necessary to
provide the assistance, pursuant to this chapter, required by Section
15504 of the Government Code.

end delete

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 17592.74 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

17592.74.  

Notwithstanding any other law, the funds provided
to school districts from the School Facilities Emergency Repair
Account pursuant to this article for the purpose of emergency repair
grants shall not be begin delete used end delete begin insert deposited into a school district deferred
maintenance fund for purposes established pursuant end insert to begin delete do either
of the following: end delete begin insert Section 17582. end insert

begin delete

(a) Supplant funds provided to local educational agencies for
the deferred maintenance of school facilities pursuant to Sections
17584 and 17587.

end delete begin delete end delete begin delete

(b) Be deposited into a school district deferred maintenance
fund for the purposes established pursuant to Section 17582.

end delete begin delete end delete

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Article 3.6 (commencing with Section 32228) of
Chapter 2 of Part 19 of Division 1 of Title 1 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 32282 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

32282.  

(a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:

(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.

(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school’s procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:

(A) Child abuse reporting procedures consistent with Article
2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 of the Penal Code.

(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.). The disaster procedures shall also include, but not
be limited to, both of the following:

(i) Establishing an earthquake emergency procedure system in
every public school building having an occupant capacity of 50
or more pupils or more than one classroom. A begin insert school end insert district or
county office begin insert of education end insert may work with the California
Emergency Management Agency and the Seismic Safety
Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:

(I) A school building disaster plan, ready for implementation
at any time, for maintaining the safety and care of pupils and staff.

(II) A drop procedure whereby each pupil and staff member
takes cover under a table or desk, dropping to his or her knees,
with the head protected by the arms, and the back to the windows.
A drop procedure practice shall be held at least once each school
quarter in elementary schools and at least once a semester in
secondary schools.

(III) Protective measures to be taken before, during, and
following an earthquake.

(IV) A program to ensure that pupils and both the certificated
and classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.

(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
begin insert school end insert district or county office begin insert of education end insert shall cooperate with
the public agency in furnishing and maintaining the services as
the begin insert school end insert district or county office begin insert of education end insert may deem
necessary to meet the needs of the community.

(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead
to suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter
6 of Part 27 of Division 4 of Title 2.

(D) Procedures to notify teachers of dangerous pupils pursuant
to Section 49079.

(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2
(commencing with Section 200) of Part 1.

(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing “gang-related
apparel,” if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
“gang-related apparel.” The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could
be determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to
this section and Section 35183 shall be enforced on the school
campus and at any school-sponsored activity by the principal of
the school or the person designated by the principal. For purposes
of this paragraph, “gang-related apparel” shall not be considered
a protected form of speech pursuant to Section 48950.

(G) Procedures for safe ingress and egress of pupils, parents,
and school employees to and from school.

(H) A safe and orderly environment conducive to learning at
the school.

(I) The rules and procedures on school discipline adopted
pursuant to Sections 35291 and 35291.5.

(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources,
including the materials and services of the partnership, pursuant
to this chapter. It is also the intent of the Legislature that schools
use the handbook developed and distributed by the School/Law
Enforcement Partnership Program entitled “Safe Schools: A
Planning Guide for Action” in conjunction with developing their
plan for school safety.

begin delete end delete begin delete

(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership
as authorized by Section 32285.

end delete begin delete end delete begin delete

(d)

end delete

begin insert (c) end insert  Each schoolsite council or school safety planning committee
in developing and updating a comprehensive school safety plan
shall, where practical, consult, cooperate, and coordinate with
other schoolsite councils or school safety planning committees.

begin delete

(e)

end delete

begin insert (d) end insert  The comprehensive school safety plan may be evaluated
and amended, as needed, by the school safety planning committee,
but shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be readily
available for inspection by the public.

begin delete

(f)

end delete

begin insert (e) end insert  As comprehensive school safety plans are reviewed and
updated, the Legislature encourages all plans, to the extent that
resources are available, to include policies and procedures aimed
at the prevention of bullying.

begin delete

(g)

end delete

begin insert (f) end insert  The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee,
shall be submitted for approval under subdivision (a) of Section
32288.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 32285 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

32285.  

(a) The governing board of a school district, on behalf
of one or more schools within the district that have developed a
school safety plan, may apply to the Superintendent of Public
Instruction for a grant to implement school safety plans. The
partnership shall award grants for school safety plans that include,
but are not limited to, the following criteria:

(1) Assessment of the recent incidence of crime committed on
the school campus.

(2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.

(3) Development of an action plan, in conjunction with local
law enforcement agencies, for implementing appropriate safety
strategies and programs, and determining the fiscal impact of
executing the strategies and programs. The action plan shall
identify available resources which will provide for implementation
of the plan.

(b) The Superintendent of Public Instruction shall award grants
pursuant to this section to school districts for the implementation
of individual school safety plans in an amount not to exceed five
thousand dollars ($5,000) for each school. No grant shall be made
unless the school district makes available, for purposes of
implementing the school safety plans, an amount of funds equal
to the amount of the grant. Grants should be awarded through a
competitive process, based upon criteria including, but not limited
to, the merit of the proposal and the need for imposing school
safety, based on school crime rates.

(c) Any school receiving a grant under this section shall submit
to the Superintendent of Public Instruction verified copies of its
schoolsite crime report annually for three consecutive years
following the receipt of the grant to study the impact of the
implementation of the school safety plan on the incidence of crime
on the campus of the school.

end delete

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 35186 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

35186.  

(a) A school district shall use the uniform complaint
process it has adopted as required by Chapter 5.1 (commencing
with Section 4600) of begin insert Division 1 of end insert Title 5 of the California Code
of Regulations, with modifications, as necessary, to help identify
and resolve any deficiencies related to instructional materials,
emergency or urgent facilities conditions that pose a threat to the
health and safety of pupils or staff, begin insert and end insert teacher vacancy or
begin delete misassignment, and intensive instruction and services provided
pursuant to Section 37254 to pupils who have not passed one or
both parts of the high school exit examination after the completion
of grade 12. end delete begin insert misassignment. end insert

(1) A complaint may be filed anonymously. A complainant who
identifies himself or herself is entitled to a response if he or she
indicates that a response is requested. A complaint form shall
include a space to mark to indicate whether a response is requested.
If Section 48985 is otherwise applicable, the response, if requested,
and report shall be written in English and the primary language in
which the complaint was filed. All complaints and responses are
public records.

(2) The complaint form shall specify the location for filing a
complaint. A complainant may add as much text to explain the
complaint as he or she wishes.

(3) Except as provided pursuant to paragraph (4), a complaint
shall be filed with the principal of the school or his or her designee.
A complaint about problems beyond the authority of the school
principal shall be forwarded in a timely manner but not to exceed
10 working days to the appropriate school district official for
resolution.

begin delete end delete begin delete

(4) A complaint regarding any deficiencies related to intensive
instruction and services provided pursuant to Section 37254 to
pupils who have not passed one or both parts of the high school
exit examination after the completion of grade 12 shall be
submitted to the district official designated by the district
superintendent. A complaint may be filed at the school district
office, or it may be filed at the schoolsite and shall be immediately
forwarded to the designee of the district superintendent.

end delete begin delete end delete

(b) The principal or the designee of the district superintendent,
as applicable, shall make all reasonable efforts to investigate any
problem within his or her authority. The principal or designee of
the district superintendent shall remedy a valid complaint within
a reasonable time period but not to exceed 30 working days from
the date the complaint was received. The principal or designee of
the district superintendent shall report to the complainant the
resolution of the complaint within 45 working days of the initial
filing. If the principal makes this report, the principal shall also
report the same information in the same timeframe to the designee
of the district superintendent.

(c) A complainant not satisfied with the resolution of the
principal or the designee of the district superintendent has the right
to describe the complaint to the governing board of the school
district at a regularly scheduled hearing of the governing begin delete board. end delete
begin insert board of the school district. end insert As to complaints involving a condition
of a facility that poses an emergency or urgent threat, as defined
in paragraph (1) of subdivision (c) of Section 17592.72, a
complainant who is not satisfied with the resolution proffered by
the principal or the designee of the district superintendent has the
right to file an appeal to the Superintendent, who shall provide a
written report to the state board describing the basis for the
complaint and, as appropriate, a proposed remedy for the issue
described in the complaint.

(d) A school district shall report summarized data on the nature
and resolution of all complaints on a quarterly basis to the county
superintendent of schools and the governing board of the school
district. The summaries shall be publicly reported on a quarterly
basis at a regularly scheduled meeting of the governing board of
the school district. The report shall include the number of
complaints by general subject area with the number of resolved
and unresolved complaints. The complaints and written responses
shall be available as public records.

(e) The procedure required pursuant to this section is intended
to address all of the following:

(1) A complaint related to instructional materials as follows:

(A) A pupil, including an English learner, does not have
standards-aligned textbooks or instructional materials or
state-adopted or district-adopted textbooks or other required
instructional material to use in class.

(B) A pupil does not have access to instructional materials to
use at home or after school.

(C) Textbooks or instructional materials are in poor or unusable
condition, have missing pages, or are unreadable due to damage.

(2) A complaint related to teacher vacancy or misassignment
as follows:

(A) A semester begins and a teacher vacancy exists.

(B) A teacher who lacks credentials or training to teach English
learners is assigned to teach a class with more than 20-percent
English learner pupils in the class. This subparagraph does not
relieve a school district from complying with state or federal law
regarding teachers of English learners.

(C) A teacher is assigned to teach a class for which the teacher
lacks subject matter competency.

(3) A complaint related to the condition of facilities that pose
an emergency or urgent threat to the health or safety of pupils or
staff as defined in paragraph (1) of subdivision (c) of Section
17592.72 and any other emergency conditions the school district
determines appropriate and the requirements established pursuant
to subdivision (a) of Section 35292.5.

begin delete end delete begin delete

(4) A complaint related to the provision of intensive instruction
and services pursuant to paragraphs (4) and (5) of subdivision (d)
of Section 37254.

end delete begin delete end delete

(f) In order to identify appropriate subjects of complaint, a notice
shall be posted in each classroom in each school in the school
district notifying parents, guardians, pupils, and teachers of the
following:

(1) There should be sufficient textbooks and instructional
materials. For there to be sufficient textbooks and instructional
materials each pupil, including English learners, must have a
textbook or instructional materials, or both, to use in class and to
take home.

(2) School facilities must be clean, safe, and maintained in good
repair.

(3) There should be no teacher vacancies or misassignments as
defined in paragraphs (2) and (3) of subdivision (h).

begin delete end delete begin delete

(4) Pupils who have not passed the high school exit examination
by the end of grade 12 are entitled to receive intensive instruction
and services for up to two consecutive academic years after
completion of grade 12 or until the pupil has passed both parts of
the high school exit examination, whichever comes first, pursuant
to paragraphs (4) and (5) of subdivision (d) of Section 37254. The
information in this paragraph, which is to be included in the notice
required pursuant to this subdivision, shall only be included in
notices posted in classrooms in schools with grades 10 to 12,
inclusive.

end delete begin delete end delete begin delete

(5)

end delete

begin insert (4) end insert  The location at which to obtain a form to file a complaint
in case of a shortage. Posting a notice downloadable from the
Internet Web site of the department shall satisfy this requirement.

(g) A local educational agency shall establish local policies and
procedures, post notices, and implement this section on or before
January 1, 2005.

(h) For purposes of this section, the following definitions apply:

(1) “Good repair” has the same meaning as specified in
subdivision (d) of Section 17002.

(2) “Misassignment” means the placement of a certificated
employee in a teaching or services position for which the employee
does not hold a legally recognized certificate or credential or the
placement of a certificated employee in a teaching or services
position that the employee is not otherwise authorized by statute
to hold.

(3) “Teacher vacancy” means a position to which a single
designated certificated employee has not been assigned at the
beginning of the year for an entire year or, if the position is for a
one-semester course, a position to which a single designated
certificated employee has not been assigned at the beginning of a
semester for an entire semester.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 35292.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

35292.5.  

(a) Every public and private school maintaining any
combination of classes from kindergarten to grade 12, inclusive,
shall comply with all of the following:

(1) Every restroom shall at all times be maintained and cleaned
regularly, fully operational and stocked at all times with toilet
paper, soap, and paper towels or functional hand dryers.

(2) The school shall keep all restrooms open during school hours
when pupils are not in classes, and shall keep a sufficient number
of restrooms open during school hours when pupils are in classes.

(b) Notwithstanding subdivision (a), a school may temporarily
close begin delete any end delete begin insert a end insert restroom as necessary for pupil safety or as necessary
to repair the facility.

begin delete end delete begin delete

(c) Any school district that operates a public school that is in
violation of this section as determined by the State Allocation
Board, is ineligible for state deferred maintenance fund matching
apportionments pursuant to Section 17584 if the school district
has not corrected the violation within 30 days after receipt of a
written notice of the violation from the board. Prior to determining
that the school district is ineligible, the board shall provide the
school district with a reasonable opportunity to cure the violation.
The board shall notify the Superintendent of Public Instruction
regarding a school district found to be in violation of this section.
The Superintendent of Public Instruction shall notify the Controller
to withhold apportionments otherwise due the school district under
Section 17584.

end delete begin delete end delete

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Article 10.4 (commencing with Section 35294.10) of
Chapter 2 of Part 21 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Article 4 (commencing with Section 37252) of Chapter
2 of Part 22 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Chapter 2.5 (commencing with Section 37300) of
Part 22 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 41003.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

41003.3.  

(a) Consistent with the provisions of Article 4
(commencing with Section 17455) of Chapter 4 of Part 10.5 of
Division 1 of Title 1, from July 1, 2008, to June 30, 2010, inclusive,
the Dixon Unified School District may sell surplus real property
previously used as the school farm on Sievers Road, located five
miles outside of the city and which is not feasible for future school
construction, together with any personal property located thereon,
purchased entirely with local funds. The proceeds of the sale shall
be deposited into the general fund of the school district in order
to reestablish a 3-percent reserve. The remainder of the proceeds
from the sale of the property that are not utilized to reestablish the
3-percent reserve shall be deposited into the capital outlay fund
of the school district.

(b) In order to expend funds pursuant to subdivision (a), the
begin insert school end insert district shall meet all of the following conditions:

(1) The begin insert school end insert district shall not be eligible for new construction
funding for 10 years from the date that funds are deposited into
the general fund of the school district pursuant to subdivision (a),
except that the begin insert school end insert district may apply for new construction
funds if both of the following conditions are met:

(A) At least five years have elapsed since the date upon which
the sale was executed pursuant to subdivision (a).

(B) The State Allocation Board determines that the begin insert school end insert
district has demonstrated enrollment growth or a need for additional
sites or building construction that the begin insert school end insert district could not have
easily anticipated at the time the sale was executed pursuant to
subdivision (a).

(2) The governing board of the begin insert school end insert district shall complete a
governance training program focusing on fiscal management
provided by the County Office Fiscal Crisis and Management
Assistance Team (FCMAT).

(3) Any remaining funds from the sale of the property shall be
exhausted for capital outlay purposes begin delete prior to any end delete begin insert before a end insert request
for modernization funding.

(4) Notwithstanding any other provision of law, the Dixon
Unified School District, from July 1, 2008, to June 30, 2010,
inclusive, shall not be eligible to receive financial hardship
assistance pursuant to Article 8 (commencing with Section
17075.10) of Chapter 12.5 of Part 10 of Division 1 of Title 1.

begin delete end delete begin delete

(5) The district shall not be eligible to receive hardship funding
from the State School Deferred Maintenance Fund pursuant to
Section 17587 until all remaining funds from the sale of the
property identified in, and pursuant to, subdivision (a) are
exhausted for deferred maintenance or capital outlay purposes.

end delete begin delete end delete begin delete

(6)

end delete

begin insert (5) end insert  The governing board of the begin insert school end insert district shall certify all
of the following to the State Allocation Board:

(A) The begin insert school end insert district has no major deferred maintenance
requirements that cannot be completed with existing capital outlay
resources.

(B) The sale of the real property pursuant to this section does
not violate any provisions of a local general obligation bond act.

(C) The real property sold pursuant to this section is not suitable
to meet any projected school construction need for the next 10
years.

begin delete

(7)

end delete

begin insert (6) end insert  Before exercising the authority granted by this section, the
governing board of the begin insert school end insert district, at a regularly scheduled
begin delete meeting of that board, end delete begin insert meeting, end insert shall present a plan for expending
one-time resources pursuant to this section. The plan shall identify
the source and use of the funds, and describe how the proposed
use of funds, in combination with budget reductions, will address
the begin insert school end insert district’s deficit spending and restore the ongoing fiscal
solvency of the begin insert school end insert district.

begin delete

(8)

end delete

begin insert (7) end insert  No later than 10 years after the date of the sale of surplus
property pursuant to subdivision (a), the begin insert school end insert district shall deposit
into its capital outlay fund an amount equal to the amount of the
proceeds from the sale of the property that is deposited into the
begin insert school end insert district’s general fund as needed to establish the 3-percent
reserve in accordance with subdivision (a).

(c) This section shall remain in effect only until January 1, 2021,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2021, deletes or extends that date.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 41376 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

41376.  

The Superintendent of Public Instruction, in computing
apportionments and allowances from the State School Fund for
the second principal apportionment, shall determine the following
for the regular day classes of the elementary schools maintained
by each school district:

(a) For grades 1 to 3, inclusive, he shall determine the number
of classes, the number of pupils enrolled in each class, the total
enrollment in all such classes, the average number of pupils
enrolled per class, and the total of the numbers of pupils which
are in excess of thirty (30) in each class.

For those districts which do not have any classes with an
enrollment in excess of 32 and whose average size for all the
classes is 30.0 or less, there shall be no excess declared. For those
districts which have one or more classes in excess of an enrollment
of 32 or whose average size for all the classes is more than 30, the
excess shall be the total of the number of pupils which are in excess
of 30 in each class having an enrollment of more than 30.

(b) For grades 4 to 8, inclusive, he shall determine the total
number of pupils enrolled, the number of full-time equivalent
classroom teachers, and the average number of pupils per each
full-time equivalent classroom teacher. He shall also determine
the excess if any, of pupils enrolled in such grades in the following
manner:

(1) Determine the number of pupils by which the average
number of pupils per each full-time equivalent classroom teacher
for the current fiscal year exceeds the greater of the average number
of pupils per each full-time equivalent classroom teacher in all the
appropriate districts of the state, as determined by the
Superintendent of Public Instruction, for October 30, 1964, or the
average number of pupils per each full-time equivalent classroom
teacher which existed in the district on either October 30, 1964 or
March 30, 1964, as selected by the governing board.

(2) Multiply the number determined in (1) above by the number
of full-time equivalent classroom teachers of the current fiscal
year.

(3) Reduce the number determined in (2) above by the remainder
which results from dividing such number by the average number
of pupils per each full-time equivalent teacher for October 30,
1964, as determined by the Superintendent of Public Instruction
in (1) above.

(c) He shall compute the product obtained by multiplying the
excess number of pupils, if any, under the provisions of subdivision
(a) of this section by ninety-seven hundredths (0.97), and shall
multiply the product so obtained by the ratio of statewide change
in average daily attendance to district change in average daily
attendance. Change in average daily attendance shall be determined
by dividing average daily attendance in grades 1, 2 and 3 reported
for purposes of the first principal apportionment of the current
year by that reported for purposes of the first principal
apportionment of the preceding year.

(d) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class pursuant to subdivision (a)
of this section, and there is no excess number of pupils computed
pursuant to subdivision (b) of this section, he shall decrease the
average daily attendance reported under the provisions of Section
41601 by the product determined under subdivision (c) of this
section.

(e) If the school district reports that it has maintained, during
the current fiscal year, no classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he
shall make the following computation:

He shall compute the product obtained by multiplying the excess
number of pupils computed pursuant to subdivision (b) of this
section by ninety-seven hundredths (0.97) and shall multiply the
product so obtained by the ratio of statewide change in average
daily attendance to the district change in average daily attendance.
He shall decrease the average daily attendance reported under the
provisions of Section 41601 by the resulting product.

(f) If the school district reports that it has maintained, during
the current fiscal year, any classes in which there were enrolled
pupils in excess of thirty (30) per class determined pursuant to
subdivision (a) of this section, and there is an excess number of
pupils computed pursuant to subdivision (b) of this section, he
shall make the following computation:

He shall add to the product determined under subdivision (c) of
this section, the product determined under subdivision (e) of this
section and decrease the average daily attendance reported under
the provisions of Section 41601 by this total amount.

The governing board of each school district maintaining
elementary schools shall report for the fiscal year 1964-65 and
each year thereafter the information required for the determination
to be made by the Superintendent of Public Instruction under the
provisions of this section in accordance with instructions provided
on forms furnished and prescribed by the Superintendent of Public
Instruction. Such information shall be reported by the school
district together with, and at the same time as, the reports required
to be filed for the second principal apportionment of the State
School Fund. The forms on which the data and information is
reported shall include a certification by each school district
superintendent or chief administrative officer that the data is correct
and accurate for the period covered, according to his best
information and belief.

For purposes of this section, a “full-time equivalent classroom
teacher” means an employee of an elementary, high school, or
unified school district, employed in a position requiring
certification qualifications and whose duties require him to teach
pupils in the elementary schools of that district in regular day
classes for the full time for which he is employed during the regular
schoolday. In reporting the total number of full-time equivalent
classroom teachers, there shall be included, in addition to those
employees defined above, the full-time equivalent of all fractional
time for which employees in positions requiring certification
qualifications are required to devote to teaching pupils in the
elementary schools of the district in regular day classes during the
regular schoolday.

For purposes of this section, the number of pupils enrolled in
each class means the average of the active enrollment in that class
on the last teaching day of each school month which ends prior to
April 15th of each school year.

The provisions of this section are not applicable to school
districts with less than 101 units of average daily attendance for
the current fiscal year.

Although no decreases in average daily attendance shall be made
for the fiscal year 1964-65, reports are required to be filed under
the provisions of this section, and the Superintendent of Public
Instruction shall notify each school district the amount of the
decrease in state allowances which would have been effected had
such decrease in average daily attendance been applied.

The Superintendent of Public Instruction shall adopt rules and
regulations which he may deem necessary for the effective
administration of this section. Such rules and regulations may
specify that no decrease in average daily attendance reported under
the provisions of Section 41601 shall be made for a school district
on account of large classes due to instructional television or team
teaching, which may necessarily involve class sizes at periods
during the day larger than the standard set forth in this section.

end delete

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 41378 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

41378.  

The Superintendent of Public Instruction, in computing
apportionments and allowances from the State School Fund for
the second principal apportionment, shall determine the following
for the kindergarten classes maintained by each school district
maintaining kindergarten classes.

(a) The number of pupils enrolled in each kindergarten class,
the total enrollment in all such classes, and the average number of
pupils enrolled per class.

(b) The total number of pupils which are in excess of thirty-three
(33) in each class having an enrollment of more than thirty-three
(33).

(c) The total number of pupils by which the average class size
in the district exceeds 31.

(d) The greater number of pupils as determined in (b) or (c)
above.

(e) He shall compute the product obtained by multiplying the
excess number of pupils computed pursuant to subdivision (d) of
this section by ninety-seven hundredths (0.97). He shall decrease
the average daily attendance reported under the provisions of
Section 41601 by the resulting product.

end delete

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Article 1 (commencing with Section 41500) of Chapter
3.2 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Article 2 (commencing with Section 41505) of Chapter
3.2 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Article 3 (commencing with Section 41510) of Chapter
3.2 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Article 4 (commencing with Section 41520) of Chapter
3.2 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Article 5 (commencing with Section 41530) of Chapter
3.2 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Article 7 (commencing with Section 41570) of Chapter
3.2 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Article 13 (commencing with Section 41920) of
Chapter 5 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Article 3 (commencing with Section 42260) of Chapter
7 of Part 24 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 44279.2 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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.

(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.

(c) A school district or consortium of school districts may begin delete apply
to the Superintendent for funding to end delete establish a local teacher
induction program pursuant to this begin delete 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 end delete begin insert section that end insert 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.

begin delete end delete begin delete

(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.

end delete begin delete end delete begin delete end delete begin delete

(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) of Chapter 2.

end delete begin delete end delete

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 44279.25 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

begin delete

44279.25.  

(a) By December 1, 2007, the Superintendent and
the commission shall report to the Legislature and the Governor
on the current state of the Beginning Teacher Support and
Assessment System. The report shall review the articulation of
teacher preparation programs and teacher induction programs to
eliminate duplicative requirements and, at a minimum, do all of
the following:

(1) Recommend revisions to laws, regulations, or policies to
eliminate duplicative requirements between teacher preparation
and teacher induction programs, with particular attention paid to
eliminating duplication between induction requirements and
requirements for completion of state-approved alternative
certification programs.

(2) Recommend revisions to the system to ensure that teacher
credential candidates achieve teaching competence and programs
use best practices to transition candidates from teacher preparation
programs to induction programs.

(3) Recommend ways to ensure that beginning teachers receive
direct assistance from experienced teachers who are familiar with
the grade span, subject matter, and teaching and classroom
management techniques appropriate to the teaching assignment of
each beginning teacher.

(b) By July 1, 2008, the Superintendent and the commission
shall review and revise, as necessary, the Standards of Quality and
Effectiveness for Professional Teacher Induction Programs of
March 2002 to ensure that these standards address the application
of knowledge and skills previously acquired in a preliminary
credential program and to remove any requirements or activities
that require candidates to duplicate the acquisition of knowledge
through coursework. This review shall include, but need not be
limited to, all of the following:

(1) A review of formative assessment systems in use to ensure
that the systems are appropriately flexible and may be adapted to
reflect progress of individual candidates.

(2) A review of professional development provided to induction
participants to ensure that it is not duplicative of coursework
completed during teacher preparation.

(3) A review of new teacher support to ensure that the focus is
on application and enhancement of skills and knowledge acquired
in a preliminary credential program.

(4) Recommendations for program monitoring with respect to
this subdivision.

(c)

end delete

begin insert

begin insert 44279.25. end insert   

end insert

begin insert (a) end insert  In consultation with the Superintendent, the
commission shall revise the formative assessment system for
beginning teachers, as necessary to ensure that related tasks and
activities are aligned to the revised begin delete standards. end delete begin insert standards adopted
pursuant to subdivision (c). end insert

begin delete

(d)

end delete

begin insert (b) end insert  The Superintendent and the commission shall identify
effective practices and techniques and provide for the dissemination
of these to local induction program providers.

begin delete

(e)

end delete

begin insert (c) end insert  Immediately following the adoption begin insert by the commission end insert of
revised begin delete standards pursuant to subdivision (b), end delete begin insert standards, end insert the
commission shall review induction programs to determine whether
local teacher induction programs are meeting standards of quality
and effectiveness begin delete adopted pursuant to subdivision (b) end delete and to assure
greater program quality and consistency. The commission shall
schedule regular reviews following the initial review of programs
pursuant to this subdivision.

begin delete

(f)

end delete

begin insert (d) end insert  The Superintendent and the commission shall ensure that
teacher credential candidates are notified of the opportunity to
choose an early completion option pursuant to Section 44468.

begin delete end delete begin delete

(g) It is the intent of the Legislature that funds appropriated in
Provision 44 of Item 6110-001-0890 of Section 2.00 of the Budget
Act of 2006 (Chapter 47 of the Statutes of 2006) be made available
for reviews and preparation of the reports required pursuant to
subdivisions (a) and (b), and that the implementation of
recommendations proceed immediately following the adoption of
those reviews and reports.

end delete begin delete end delete

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 44279.7 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

begin delete

44279.7.  

(a) The superintendent and the commission shall
award supplemental grants on a competitive basis to Beginning
Teacher Support and Assessment System teacher induction
programs established pursuant to Section 44279.2 that are identified
as having expertise according to criteria established by the
superintendent and the commission. The supplemental grants
received pursuant to this section shall be expended to assist clusters
of teacher induction programs operated by school districts or
consortiums of school districts.

(b)

end delete

begin insert

begin insert 44279.7. end insert   

end insert

begin insert (a) end insert  The begin delete superintendent end delete begin insert Superintendent end insert and the
commission shall designate each school district and consortium
of school districts participating in the Beginning Teacher Support
and Assessment System established pursuant to Section 44279.2
as belonging to a cluster according to the criteria established
pursuant to this subdivision. For begin delete the end delete purposes of this section
“cluster” means a cluster of school districts or consortium of school
districts established pursuant this section. The begin delete superintendent end delete
begin insert Superintendent end insert and the commission shall establish criteria for the
formation of school districts or consortiums of school district
teacher induction program clusters based upon, but not necessarily
be limited to, all of the following:

(1) Geographic proximity.

(2) Program size.

(3) The number of beginning teachers served.

(4) The similarity of teacher characteristics and pupil populations
in each school district.

begin delete

(c)

end delete

begin insert (b) end insert  School districts and consortiums of school districts begin delete awarded
supplemental grants pursuant to this section shall end delete begin insert may end insert identify a
teacher induction program consultant to assist the school district
or consortiums of school districts forming a cluster. The
begin delete superintendent end delete begin insert Superintendent end insert and the commission shall identify
the purpose and functions of each consultant. Those purposes and
functions shall include, but not necessarily be limited to, all the
following:

(1) Assisting in designing, implementing, refining, and
evaluating their teacher induction programs.

(2) Assisting in building the capacity to provide professional
development for all personnel involved in the implementation of
teacher induction programs, including, but not limited to, beginning
teachers, support providers, and administrators.

(3) Disseminating information on teacher induction programs
to all interested participants within the cluster and collaborating
with other consultants statewide and with state administrative
agency staff to ensure ongoing program improvement.

begin delete end delete begin delete

(d) The superintendent and the commission shall ensure that
each grant awarded pursuant to this section supports the salary and
benefits and other related costs based on the prorated amount of
time dedicated to this function for a consultant to assist each
cluster.

end delete begin delete end delete

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 44320 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44320.  

(a) Professional preparation, including student teaching,
shall be made available in the upper division course offerings at
all California public institutions of higher learning, except the
California Maritime Academy and the Hastings College of the
Law. No more than nine semester units, or the equivalent, of
professional education courses may be designated as prerequisites
for purposes of admission to student teaching, except that, to satisfy
the English language requirement as set forth in paragraph (3) of
subdivision (b) of Section 44259, candidates may be required to
take 12 semester units, or the equivalent, as professional education
prerequisites to student teaching.

(b) The commission shall encourage postsecondary institutions
that offer programs of professional preparation to collaborate with
school districts, county offices of education, and professional
organizations in the design and delivery of local programs to
function as part of the California beginning teacher support and
assessment program pursuant to Section 44279.2. If local
educational agencies and institutions of higher education
voluntarily agree to implement the program, the following
provisions shall apply to each collaborative effort:

(1) Postsecondary institutions and local education agencies shall
coordinate and articulate the program of professional preparation
and the beginning teacher support and assessment program, so the
two programs provide continuity in the preparation, support, and
assessment of beginning teachers.

(2) At the discretion of a postsecondary institution that
participates in a collaborative effort, the program of professional
preparation may be submitted to the commission for approval as
a program of preparation, support, and assessment that is at least
two years long.

(3) In each program of preparation, support, and assessment,
the postsecondary institution shall make it possible for each
candidate to complete all requirements for a valid teaching
credential in the equivalent of one year of full-time study.

(4) A postsecondary institution that participates in a
collaborative effort may, at its discretion, determine that successful
completion of the support and assessment components of an
articulated program of professional preparation, support, and
assessment fulfills some or all of the requirements of subdivision
(c) of Section 44259, and may accordingly recommend applicants
for the professional teaching credential. The standards and criteria
for making these determinations and recommendations shall be
included in the institution’s proposal for a program.

(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary education institution in the design
and delivery of an articulated program of professional preparation,
support, and assessment that meets the standards and criteria
pursuant to subdivision (c) of Section begin delete 44279.2, and that receives
funds pursuant to the annual Budget Act, end delete begin insert 44279.2 end insert may contract
with the postsecondary institution to pay the institution’s costs of
designing and delivering the support and assessment components
of the program.

(c) Local educational agencies that are approved by the
commission to provide programs of personalized preparation to
candidates for designated subjects teaching credentials are
encouraged to participate in the design and delivery of local
programs under the California beginning teacher support and
assessment program pursuant to Article 4.5 (commencing with
Section 44279.2), in a manner consistent with subdivision (b).

(d)  begin delete Prior to end delete begin insert Before end insert admission to either student teaching under
any professional preparation program approved by the commission,
or participation in a field experience program as described in
Section 44324, a candidate for a credential shall obtain a certificate
of clearance from the commission which shall be issued when the
commission has verified the candidate’s personal identification
and health status. The fee for the certificate of clearance shall not
exceed one-half of the regular fee for a credential and shall be
deducted from the fee for the initial credential applied for by the
certificate holder.

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 44328 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44328.  

(a) Unless the commission determines that substantial
evidence exists that a person is unqualified to teach, upon the
completion of successful service as a district intern pursuant to
subdivision (b) of Section 44325, and upon the recommendation
of the school district governing board, the commission shall award
preliminary credentials to district interns in the same manner as
applicants recommended for credentials by institutions that operate
approved programs of professional preparation.

(b) Notwithstanding paragraphs (1) and (2) of subdivision (a)
of Section 44225, paragraphs (3), (4), (5), and (6) of subdivision
(b) of Section 44259, paragraphs (1), (2), (3), and (4) of subdivision
(c) of Section 44259, and Sections 44261, 44265, and 44335, upon
recommendation by the governing board, district interns shall be
issued preliminary credentials, upon the completion of successful
service as a teacher pursuant to subdivision (b) of Section 44325,
unless the governing board recommends, and the commission finds
substantial evidence, that the person is not qualified to teach. A
school district may require a district intern who is pursuing a clear
credential to complete an approved induction program if funds are
available or approved coursework in accordance with paragraph
(5) of subdivision (c) of Section 44259. begin delete Pursuant to Article 11
(commencing with Section 44380), teachers participating in an
induction program pursuant to Article 4.5 (commencing with
Section 44279.1) are no longer eligible for funding under the
district intern program. end delete

(c) Notwithstanding Section 44261, the preliminary credential
awarded to any district intern holding a district intern credential
to teach bilingual education classes shall be a basic teaching
credential with a bilingual-crosscultural language and academic
development emphasis. Notwithstanding Section 44265, the
preliminary credential awarded to any district intern who holds a
district intern credential to teach special education pupils shall be
a special education specialist instruction credential that authorizes
the holder to teach special education pupils.

(d) It is the intent of the Legislature that institutions of higher
education that operate approved programs of professional
preparation work cooperatively with school districts that offer
district intern programs for a special education specialist credential
to apply the regular education coursework and fieldwork from the
special education district intern program toward earning a multiple
or single subject teaching credential through the institution.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Article 11 (commencing with Section 44380) of
Chapter 2 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Article 12 (commencing with Section 44390) of
Chapter 2 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Article 13 (commencing with Section 44395) of
Chapter 2 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Article 4.5 (commencing with Section 44500) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Article 5 (commencing with Section 44520) of Chapter
3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Article 6 (commencing with Section 44560) of Chapter
3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Article 7 (commencing with Section 44570) of Chapter
3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Article 8 (commencing with Section 44580) of Chapter
3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Article 10 (commencing with Section 44630) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Article 10.5 (commencing with Section 44645) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Article 10.6 (commencing with Section 44650) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Article 3 (commencing with Section 44681) of Chapter
3.1 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Chapter 3.3 (commencing with Section 44700) of
Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 56. end insert   

end insert

begin insert Chapter 3.33 (commencing with Section 44720) of
Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Chapter 3.34 (commencing with Section 44730) of
Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Chapter 3.36 (commencing with Section 44735) of
Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Chapter 3.45 (commencing with Section 44755) of
Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Chapter 3.5 (commencing with Section 44760) of
Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 45037 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

45037.  

(a) Except as provided in Section 45036, for the fiscal
year 2001-02 and for any fiscal year thereafter in which a person
renders service as a teacher in kindergarten or any of grades 1 to
12, inclusive, who does not have a valid certification document,
the school district or county office of education in which the person
is employed shall be assessed a penalty that shall be in lieu of any
loss of funding that would otherwise result under Chapter 6.10
(commencing with Section 52120) of Part 28. The penalty shall
be calculated as provided in subdivision (b) and withheld from
state funding otherwise due to the district or county office of
education.

(1) Notwithstanding Section 46300, the attendance of the
noncertificated person’s pupils during the period of service shall
be included in the computation of average daily attendance.

(2) The noncertificated person’s period of service shall not be
excluded from the determination of eligibility for incentive funding
for a longer instructional day or year, or both, pursuant to Article
8 (commencing with Section 46200) of Chapter 2 of Part 26.

(b) (1) For each person who rendered service in the employment
of the district or county office of education as a teacher in
kindergarten or any of grades 1 to 12, inclusive, during the fiscal
year, add the total number of schooldays on which the person
rendered any amount of the service.

(2) For each person who rendered service in the employment
of the district or county office of education as a teacher in
kindergarten or any of grades 1 to 12, inclusive, during the fiscal
year, for a period of service during which the person did not have
a valid certification document, add the number of schooldays on
which the person rendered any amount of the service without a
valid certification document.

(3) Divide the number determined in paragraph (2) by the
number determined in paragraph (1) and carry the result to four
decimal places.

(4) Multiply a school district’s revenue limit entitlement for the
fiscal year, calculated pursuant to Section 42238, or it’s funding
amount calculated pursuant to Article 4 (commencing with Section
42280) of Chapter 7 of Part 24, as applicable, or a county office
of education’s funding for the fiscal year, for the program in which
the noncertificated person rendered service by the number
determined in paragraph (3).

(c) Beginning in 2002-03, if a county office of education releases
a warrant in favor of a person for whom a period of school district
service is included in the calculation set forth in paragraph (2) of
subdivision (b), and the warrant is either compensation for
employment as a teacher or for employment in some other capacity
if the county office of education has direct knowledge or is in
possession of information giving rise to a reasonable inference
that the person is rendering service as a teacher, the county office
shall be assessed a penalty. The penalty assessed to a county office
for any fiscal year in which one or more district teachers did not
have a valid certification document shall be equal to the lesser of
three amounts as follows:

(1) Fifty percent of all penalties assessed for that fiscal year to
all school districts in the county office’s jurisdiction pursuant to
subdivision (b).

(2) One-half percent of the total expenditures for that fiscal year
from unrestricted resources, as defined in the California School
Accounting Manual, in the county office’s county school service
fund, when two or fewer districts in the county office’s jurisdiction
are subject to penalties pursuant to subdivision (b).

(3) One percent of the total expenditures for that fiscal year
from unrestricted resources, as defined in the California School
Accounting Manual, in the county office’s county school service
fund, when three or more districts in the county office’s jurisdiction
are subject to penalties pursuant to subdivision (b).

(d) Except as provided in Section 41344.1, nothing in this section
may be waived in whole or in part.

end delete

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Article 8.5 (commencing with Section 45370) of
Chapter 5 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 46306 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

46306.  

Notwithstanding any other provision of law, the average
daily attendance of pupils enrolled in summer schools shall be
credited to the school district in the fiscal year in which the last
day of the summer school falls.

end delete

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert Section 47613.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

47613.1.  

The Superintendent begin delete of Public Instruction end delete shall make
begin delete all end delete begin insert both end insert of the following apportionments on behalf of a charter
school in a school district in which all schools have been converted
to charter schools pursuant to Section begin delete 47606, and that elects not
to be funded pursuant to the block grant funding model set forth
in Section 47633 in each fiscal year that the charter school so
elects: end delete begin insert 47606: end insert

begin delete

(a) From funds appropriated to Section A of the State School
Fund for apportionment for that fiscal year pursuant to Article 2
(commencing with Section 42238) of Chapter 7 of Part 24, an
amount for each unit of current fiscal year regular average daily
attendance in the charter school that is equal to the current fiscal
year base revenue limit for the school district to which the charter
petition was submitted.

end delete begin delete

(b)

end delete

begin insert (a) end insert  For each pupil enrolled in the charter school who is entitled
to special education services, the state and federal funds for special
education services for that pupil that would have been apportioned
for that pupil to the school district to which the charter petition
was submitted.

begin delete

(c)

end delete

begin insert (b) end insert  Funds for the programs described in begin delete clause (i) of
subparagraph (B) of paragraph (1) of subdivision (a) of Section
54761, and end delete Sections 63000 and 64000, to the extent that any pupil
enrolled in the charter school is eligible to participate.

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert Section 47613.2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

47613.2.  

Notwithstanding Sections 47613.1 and 47661, for the
2000-01 fiscal year, the revenue limit of an elementary school
district may be determined using either the current or prior year
second principal apportionment average daily attendance,
whichever is greater, if all the schools in the district were converted
to charter schools in the 2000-01 fiscal year and the district
continued to be funded through the base revenue limit method.

end delete

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 47630 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

47630.  

begin delete (a) end delete begin delete   end delete It is the intent of the Legislature that each charter
school be provided with operational funding that is equal to the
total funding that would be available to a similar school district
serving a similar pupil population, except that a charter school
may not be funded as a necessary small school or a necessary small
high begin delete school, nor receive revenue limit funding that exceeds the
statewide average for a school district of a similar type. end delete begin insert school. end insert

begin delete

(b) The Legislature finds and declares that the funding method
established by this chapter provides for simple and, at the option
of the charter school, local or direct allocation of funds to charter
schools in a manner that is consistent with state and federal law.

end delete

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 47630.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

47630.5.  

(a) This chapter applies to the calculation of
operational funding for charter schools. Except as otherwise
provided in this chapter, this chapter shall apply to all charter
schools without regard to their sponsoring local education agency.

(b) For the 1999-2000, 2000-01, and 2001-02 fiscal years in
the case of a charter school that was assigned a number by the
State Board of Education prior to June 1, 1999, the use of the
charter school funding method established by this chapter shall be
at the discretion of that charter school. A charter school that elects
to have its funding determined pursuant to the method established
by this chapter shall notify the State Department of Education by
June 1 prior to the affected fiscal year. An election to be funded
pursuant to the method established by this chapter is irrevocable.

(c) Additional legal or fiscal responsibilities on the part of a
county superintendent of schools are not imposed by this chapter,
except as specifically provided in this chapter.

end delete

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 47633 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

47633.  

The Superintendent shall annually compute a
general-purpose entitlement, funded from a combination of state
aid and local funds, for each charter school as follows:

(a) The Superintendent shall annually compute the statewide
average amount of general-purpose funding per unit of average
daily attendance received by school districts for each of four grade
level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and
6; grades 7 and 8; and, grades 9 to 12, inclusive. For purposes of
making these computations, both of the following conditions shall
apply:

(1) Revenue limit funding attributable to pupils in kindergarten
and grades 1 to 5, inclusive, shall equal the statewide average
revenue limit funding per unit of average daily attendance received
by elementary school districts; revenue limit funding attributable
to pupils in grades 6, 7, and 8, shall equal the statewide average
revenue limit funding per unit of average daily attendance received
by unified school districts; and revenue limit funding attributable
to pupils in grades 9 to 12, inclusive, shall equal the statewide
average revenue limit funding per unit of average daily attendance
received by high school districts.

(2) Revenue limit funding received by school districts shall
exclude the value of any benefit attributable to the presence of
necessary small schools or necessary small high schools within
the school district.

(b) The Superintendent shall multiply each of the four amounts
computed in subdivision (a) by the charter school’s average daily
attendance in the corresponding grade level ranges. The resulting
figure shall be the amount of the charter school’s general-purpose
entitlement, which shall be funded through a combination of state
aid and local funds. From funds appropriated for this purpose
pursuant to Section 14002, the superintendent shall apportion to
each charter school this amount, less local funds allocated to the
charter school pursuant to Section 47635 and any amount received
pursuant to subparagraph (B) of paragraph (3) of subdivision (e)
of Section 36 of Article XIII of the California Constitution.

(c) General-purpose entitlement funding may be used for any
public school purpose determined by the governing body of the
charter school.

end delete

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 47634.1 of the end insert begin insert Education Code end insert begin insert , as amended
by Section 23 of Chapter 2 of the Fourth Extraordinary Session
of the Statutes of 2009, is repealed. end insert

begin delete

47634.1.  

(a) Notwithstanding subdivision (a) of Section 47634,
a categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:

(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual
Budget Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average
daily attendance, as determined at the second principal
apportionment for the 2005-06 fiscal year.

(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally
disadvantaged pupil received by school districts in the current
fiscal year pursuant to Article 2 (commencing with Section 54020)
of Chapter 1 of Part 29. This amount shall be multiplied by the
number of educationally disadvantaged pupils enrolled in the
charter school. The resulting amount, if greater than zero, may not
be less than the minimum amount of Economic Impact Aid funding
to which a school district of similar size would be entitled pursuant
to Section 54022. For purposes of this subdivision, a pupil who is
eligible for subsidized meals pursuant to Section 49552 and is
identified as an English learner pursuant to subdivision (a) of
Section 306 shall count as two pupils.

(3) For each charter school, the Superintendent shall multiply
the amount calculated in paragraph (1) by the school’s average
daily attendance as determined at the second principal
apportionment for the 2005-06 fiscal year.

(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on
prior year average daily attendance as determined at the second
principal apportionment or, for a charter school in its first year of
operation that commences instruction on or before September 30,
2005, on estimates of average daily attendance for the current fiscal
year determined pursuant to Section 47652.

(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment
for the 2006-07 fiscal year. This amount shall be supplemented
by the amount calculated in paragraph (2).

(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter
1 of Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, may not be less than the minimum
amount of Economic Impact Aid funding to which a school district
of similar size would be entitled pursuant to Section 54022.

(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment
for the 2007-08 fiscal year. For each fiscal year thereafter, this
per unit amount shall be adjusted for the cost-of-living adjustment,
as determined pursuant to Section 42238.1, for that fiscal year.
This amount shall be supplemented in the 2007-08 fiscal year and
each fiscal year thereafter by the amount calculated in paragraph
(2).

(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part
29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, may not be less than the minimum
amount of Economic Impact Aid funding to which a school district
of similar size would be entitled pursuant to Section 54022.

(d) It is the intent of the Legislature to fully fund the categorical
block grant for charter schools as specified in this section and to
appropriate additional funding that may be needed in order to
compensate for unanticipated increases in average daily attendance
and counts of economic impact aid-eligible pupils, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part
29, in charter schools. In any fiscal year in which the department
identifies a deficiency in the categorical block grant, the department
shall identify the available balance for programs that count towards
meeting the requirements of Section 8 of Article XVI of the
California Constitution and have unobligated funds for the year.

(e) For the purposes of this section, a funding deficiency shall
be strictly limited to unanticipated increases in average daily
attendance and counts of economic impact aid-eligible pupils. In
no event shall additional funding be provided to restore reductions
made to categorical programs pursuant to Control Section 12.42
of an annual Budget Act.

(f) On or before July 1, the department shall provide the
Department of Finance with a list of those programs and their
available balances, and the amount of the deficiency, if any, in the
categorical block grant. Within 45 days of the receipt of a
notification of deficiency, the Director of Finance shall verify the
amount of the deficiency in the categorical block grant and direct
the Controller to transfer an amount, equal to the lesser of the
amount available or the amount needed to fully fund the categorical
block grant, from those programs to the categorical block grant.
The Department of Finance shall notify the Joint Legislative
Budget Committee within 30 days of any transfer made pursuant
to this section.

(g) Commencing October 1, 2007, the Legislative Analyst’s
Office shall triennially convene a work group to review,
commencing with appropriations proposed for the 2008-09 fiscal
year, the appropriateness of the funding level provided by the
categorical block grant established in this section.

(h) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.

(i) This section shall become inoperative on July 1, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

end delete

begin insert

begin insert SEC. 70. end insert   

end insert

begin insert Section 47634.1 of the end insert begin insert Education Code end insert begin insert , as added by
Section 24 of Chapter 2 of the Fourth Extraordinary Session of
the Statutes of 2009, is repealed. end insert

begin delete

47634.1.  

(a) Notwithstanding subdivision (a) of Section 47634,
a categorical block grant for charter schools for the 2005-06 fiscal
year shall be calculated as follows:

(1) The Superintendent shall divide the total amount of funding
appropriated for the purpose of this block grant in the annual
Budget Act or another statute, less the total amount calculated in
paragraph (2), by the statewide total of charter school average
daily attendance, as determined at the second principal
apportionment for the 2005-06 fiscal year.

(2) The statewide average amount, as computed by the
Superintendent, of funding per identified educationally
disadvantaged pupil received by school districts in the current
fiscal year pursuant to Article 2 (commencing with Section 54020)
of Chapter 1 of Part 29. This amount shall be multiplied by the
number of educationally disadvantaged pupils enrolled in the
charter school. The resulting amount, if greater than zero, shall
not be less than the minimum amount of Economic Impact Aid
funding to which a school district of similar size would be entitled
pursuant to Section 54022. For purposes of this subdivision, a
pupil who is eligible for subsidized meals pursuant to Section
49552 and is identified as an English learner pursuant to
subdivision (a) of Section 306 shall count as two pupils.

(3) For each charter school, the Superintendent shall multiply
the amount calculated in paragraph (1) by the school’s average
daily attendance as determined at the second principal
apportionment for the 2005-06 fiscal year.

(4) The Superintendent shall add the amounts computed in
paragraphs (2) and (3). The resulting amount shall be the charter
school categorical block grant that the Superintendent shall
apportion to each charter school from funds appropriated for this
purpose in the annual Budget Act or another statute. The
Superintendent shall allocate an advance payment of this grant as
early as possible, but no later than October 31, 2005, based on
prior year average daily attendance as determined at the second
principal apportionment or, for a charter school in its first year of
operation that commences instruction on or before September 30,
2005, on estimates of average daily attendance for the current fiscal
year determined pursuant to Section 47652.

(b) (1) For the 2006-07 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be four
hundred dollars ($400) per unit of charter school average daily
attendance as determined at the second principal apportionment
for the 2006-07 fiscal year. This amount shall be supplemented
by the amount calculated in paragraph (2).

(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current fiscal year,
pursuant to Article 2 (commencing with Section 54020) of Chapter
1 of Part 29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, shall not be less than the minimum
amount of Economic Impact Aid funding to which a school district
of similar size would be entitled pursuant to Section 54022.

(c) (1) For the 2007-08 fiscal year, the categorical block grant
allocated by the Superintendent for charter schools shall be five
hundred dollars ($500) per unit of charter school average daily
attendance as determined at the second principal apportionment
for the 2007-08 fiscal year. For each fiscal year thereafter, this
per unit amount shall be adjusted for the cost-of-living adjustment,
as determined pursuant to Section 42238.1, for that fiscal year.
This amount shall be supplemented in the 2007-08 fiscal year and
each fiscal year thereafter by the amount calculated in paragraph
(2).

(2) The statewide average amount, as computed by the
Superintendent, of funding per economic impact aid-eligible pupil
count received by school districts in the current year, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part
29, shall be multiplied by the number of economic impact
aid-eligible pupils enrolled in the charter school. The resulting
amount, if greater than zero, shall not be less than the minimum
amount of Economic Impact Aid funding to which a school district
of similar size would be entitled pursuant to Section 54022.

(d) It is the intent of the Legislature to fully fund the categorical
block grant for charter schools as specified in this section and to
appropriate additional funding that may be needed in order to
compensate for unanticipated increases in average daily attendance
and counts of economic impact aid-eligible pupils, pursuant to
Article 2 (commencing with Section 54020) of Chapter 1 of Part
29, in charter schools. In any fiscal year in which the department
identifies a deficiency in the categorical block grant, the department
shall identify the available balance for programs that count towards
meeting the requirements of Section 8 of Article XVI of the
California Constitution and have unobligated funds for the year.
On or before July 1, the department shall provide the Department
of Finance with a list of those programs and their available
balances, and the amount of the deficiency, if any, in the categorical
block grant. Within 45 days of the receipt of a notification of
deficiency, the Director of Finance shall verify the amount of the
deficiency in the categorical block grant and direct the Controller
to transfer an amount, equal to the lesser of the amount available
or the amount needed to fully fund the categorical block grant,
from those programs to the categorical block grant. The Department
of Finance shall notify the Joint Legislative Budget Committee
within 30 days of any transfer made pursuant to this section.

(e) Commencing October 1, 2007, the Legislative Analyst’s
Office shall triennially convene a work group to review,
commencing with appropriations proposed for the 2008-09 fiscal
year, the appropriateness of the funding level provided by the
categorical block grant established in this section.

(f) Categorical block grant funding may be used for any purpose
determined by the governing body of the charter school.

(g) This section shall become operative on July 1, 2013.

end delete

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 47634.3 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

47634.3.  

For purposes of begin delete Section 47633, end delete begin insert Sections 42238.02
and 42238.03, end insert the Superintendent shall compute average daily
attendance in each of grades 1 through 12, respectively, as follows:

(a) Distribute statewide total ungraded enrollment and average
daily attendance among kindergarten and each of grades 1 through
12, inclusive, in proportion to the amounts of graded enrollment
and average daily attendance, respectively, in each of these grades.

(b) Multiply enrollment in each of grades 1 through 12,
respectively, by the ratio of average daily attendance to enrollment
in the applicable grade range: 1 through 3, inclusive, 4 through 6,
inclusive; 7 and 8; and 9 through 12, inclusive.

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert Section 47634.4 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

47634.4.  

(a) A charter school that elects to receive its funding
directly, pursuant to Section 47651, may apply individually for
federal and state categorical programs, not excluded in this section,
but only to the extent it is eligible for funding and meets the
provisions of the program. For purposes of determining eligibility
for, and allocation of, state or federal categorical aid, a charter
school that applies individually shall be deemed to be a school
district, except as otherwise provided in this chapter.

(b) A charter school that does not elect to receive its funding
directly, pursuant to Section 47651, may, in cooperation with its
chartering authority, apply for federal and state categorical
programs not specified in this section, but only to the extent it is
eligible for funding and meets the provisions of the program.

(c) Notwithstanding any other begin delete provision of end delete law, for the 2006-07
fiscal year and each fiscal year thereafter, a charter school may
not apply directly for categorical programs for which services are
exclusively or almost exclusively provided by a county office of
education.

(d) Consistent with subdivision (c), a charter school may not
receive direct funding for any of the following county-administered
categorical programs:

(1) American Indian Education Centers.

begin delete end delete begin delete

(2) The California Association of Student Councils.

end delete begin delete end delete begin delete end delete begin delete

(3) California Technology Assistance Project established
pursuant to Article 15 (commencing with Section 51870) of
Chapter 5 of Part 28.

end delete begin delete end delete begin delete end delete begin delete

(4) The Center for Civic Education.

end delete begin delete end delete begin delete

(5)

end delete

begin insert (2) end insert  County Office Fiscal Crisis and Management Assistance
Team.

begin delete

(6)

end delete

begin insert (3) end insert  The K-12 High Speed Network.

(e) A charter school may apply separately for district-level or
school-level grants associated with any of the categorical programs
specified in subdivision (d).

(f) Notwithstanding any other provision of law, for the 2006-07
fiscal year and each fiscal year thereafter, in addition to the
programs listed in subdivision (d), a charter school may not apply
for any of the following categorical programs:

(1) Agricultural Career Technical Education Incentive Program,
as set forth in Article 7.5 (commencing with Section 52460) of
Chapter 9 of Part 28.

begin delete end delete begin delete

(2) Bilingual Teacher Training Assistance Program, as set forth
in Article 4 (commencing with Section 52180) of Chapter 7 of
Part 28.

end delete begin delete end delete begin delete end delete begin delete

(3) California Peer Assistance and Review Program for
Teachers, as set forth in Article 4.5 (commencing with Section
44500) of Chapter 3 of Part 25.

end delete begin delete end delete begin delete end delete begin delete

(4) College preparation programs, as set forth in Chapter 12
(commencing with Section 11020) of Part 7, Chapter 8.3
(commencing with Section 52240) of Part 28, and Chapter 8
(commencing with Section 60830) of Part 33.

end delete begin delete end delete begin delete

(5)

end delete

begin insert (2) end insert  Foster youth programs pursuant to Chapter 11.3
(commencing with Section 42920) of Part 24.

begin delete end delete begin delete

(6) Gifted and talented pupil programs pursuant to Chapter 8
(commencing with Section 52200) of Part 28.

end delete begin delete end delete begin delete

(7)

end delete

begin insert (3) end insert  Home-to-school transportation programs, as set forth in
Article 2 (commencing with Section 39820) of Chapter 1 of Part
23.5 and Article 10 (commencing with Section 41850) of Chapter
5 of Part 24.

begin delete end delete begin delete

(8) International Baccalaureate Diploma Program, as set forth
in Chapter 12.5 (commencing with Section 52920) of Part 28.

end delete begin delete end delete begin delete end delete begin delete

(9) Mathematics and Reading Professional Development
Program, as set forth in Article 3 (commencing with Section 99230)
of Chapter 5 of Part 65.

end delete begin delete end delete begin delete end delete begin delete

(10) Principal Training Program, as set forth in Article 4.6
(commencing with Section 44510) of Chapter 3 of Part 25.

end delete begin delete end delete begin delete end delete begin delete

(11) Professional Development Block Grant, as set forth in
Article 5 (commencing with Section 41530) of Chapter 3.2 of Part
24.

end delete begin delete end delete begin delete end delete begin delete

(12) Program to Reduce Class Size in Two Courses in Grade 9
(formerly The Morgan-Hart Class Size Reduction Act of 1989),
as set forth in Chapter 6.8 (commencing with Section 52080) of
Part 28.

end delete begin delete end delete begin delete end delete begin delete

(13) Pupil Retention Block Grant, as set forth in Article 2
(commencing with Section 41505) of Chapter 3.2 of Part 24.

end delete begin delete end delete begin delete end delete begin delete

(14) Reader services for blind teachers, as set forth in Article
8.5 (commencing with Section 45370) of Chapter 5 of Part 25.

end delete begin delete end delete begin delete end delete begin delete

(15) School and Library Improvement Block Grant, as set forth
in Article 7 (commencing with Section 41570) of Chapter 3.2 of
Part 24.

end delete begin delete end delete begin delete end delete begin delete

(16) School Safety Consolidated Competitive Grant, as set forth
in Article 3 (commencing with Section 41510) of Chapter 3.2 of
Part 24.

end delete begin delete end delete begin delete end delete begin delete

(17) School safety programs, as set forth in Article 3.6
(commencing with Section 32228) and Article 3.8 (commencing
with Section 32239.5) of Chapter 2 of Part 19.

end delete begin delete end delete begin delete end delete begin delete

(18) Specialized secondary schools pursuant to Chapter 6
(commencing with Section 58800) of Part 31.

end delete begin delete end delete begin delete end delete begin delete

(19) State Instructional Materials Fund, as set forth in Article
3 (commencing with Section 60240) of Chapter 2 of Part 33.

end delete begin delete end delete begin delete

(20)

end delete

begin insert (4) end insert  Targeted Instructional Improvement Block Grant, as set
forth in Article 6 (commencing with Section 41540) of Chapter
3.2 of Part 24.

begin delete end delete begin delete

(21) Teacher dismissal apportionment, as set forth in Section
44944.

end delete begin delete end delete begin delete end delete begin delete

(22) The deferred maintenance program, as set forth in Article
1 (commencing with Section 17565) of Chapter 5 of Part 10.5.

end delete begin delete end delete begin delete end delete begin delete

(23) The General Fund contribution to the State Instructional
Materials Fund pursuant to Article 3 (commencing with Section
60240) of Chapter 2 of Part 33.

end delete begin delete end delete begin delete end delete begin delete

(24) Year-Round School Grant Program, as set forth in Article
3 (commencing with Section 42260) of Chapter 7 of Part 24.

end delete begin delete end delete

begin insert

begin insert SEC. 73. end insert   

end insert

begin insert Section 47650 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

47650.  

A charter school shall be deemed to be a school district
for purposes of determining the manner in which warrants are
drawn on the State School Fund pursuant to Section 14041. For
purposes of Section 14041, a charter school’s “total amount
certified” means the state aid portion of the charter school’s total
begin delete general-purpose entitlement and categorical block grant computed end delete
begin insert local control funding formula allocation end insert pursuant to begin delete Sections
47633 and 47634. end delete begin insert Section 42238.02, as implemented by Section
42238.03. end insert

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert Section 47651 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

47651.  

(a) A charter school may receive the state aid portion
of the charter school’s total begin delete general-purpose entitlement and
categorical block grant end delete begin insert local control funding formula allocation
pursuant to Section 42238.02, as implemented by Section 42238.03, end insert
directly or through the local educational agency that either grants
its charter or was designated by the begin delete State Board of Education. end delete begin insert state
board. end insert

(1) In the case of a charter school that elects to receive its
funding directly, the warrant shall be drawn in favor of the begin insert county end insert
superintendent of schools of the county in which the local
educational agency that approved the charter or was designated
by the begin delete State Board of Education end delete begin insert state board end insert as the oversight agency
pursuant to paragraph (1) of subdivision (k) of Section 47605 is
located, for deposit to the appropriate funds or accounts of the
charter school in the county treasury. The county superintendent
of schools is authorized to establish appropriate funds or accounts
in the county treasury for each charter school.

(2) In the case of a charter school that does not elect to receive
its funding directly pursuant to Section 47651, the warrant shall
be drawn in favor of the begin insert county end insert superintendent of schools of the
county in which the local educational agency that granted the
charter is located or was designated the oversight agency by the
begin insert state end insert board pursuant to paragraph (1) of subdivision (k) of Section
47605, for deposit to the appropriate funds or accounts of the local
educational agency.

(3) In the case of a charter school, the charter of which was
granted by the begin delete State Board of Education, end delete begin insert state board, end insert but for which
the begin insert state end insert board has not delegated oversight responsibilities pursuant
to paragraph (1) of subdivision (k) of Section 47605, the warrant
shall be drawn in favor of the begin insert county end insert superintendent of schools in
the county where the local educational agency is located that
initially denied the charter that was later approved by the begin insert state end insert
board. The county superintendent of schools is authorized to
establish appropriate funds or accounts in the county treasury for
each charter school.

(b) On or before June 1 of each year, a charter school electing
to receive its funding directly shall so notify the county
superintendent of schools of the county in which the local
educational agency that granted the charter is located or, in the
case of charters for which the begin delete State Board of Education end delete begin insert state board end insert
has designated an oversight agency pursuant to paragraph (1) of
subdivision (k) of Section 47605, the county superintendent of
schools of the county in which the designated oversight agency is
located. An election to receive funding directly shall apply to all
funding that the charter school is eligible to receive including, but
not limited to, the begin delete charter general-purpose entitlements and the
categorical block grant computed end delete begin insert local control funding formula
allocation end insert pursuant to begin delete Sections 47633 and 47634, end delete begin insert Section
42238.02, as implemented by Section 42238.03, end insert other state and
federal categorical aid, and lottery funds.

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 48660 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48660.  

The governing board of a school district may establish
one or more community day schools for pupils who meet one or
more of the conditions described in subdivision (b) of Section
48662. A community day school may serve pupils in any of
kindergarten and grades 1 to 6, inclusive, or any of grades 7 to 12,
inclusive, or the same or lesser included range of grades as may
be found in begin delete any end delete begin insert an end insert individual middle or junior high school operated
by the begin insert school end insert district. If a school district is organized as a begin insert school end insert
district that serves kindergarten and grades 1 to 8, inclusive, but
no higher grades, the governing board of the school district may
establish a community day school for any kindergarten and grades
1 to 8, inclusive, upon a two-thirds vote of the begin delete board. end delete begin insert governing
board of the school district. end insert It is the intent of the Legislature, that
to the extent possible, the governing board of a school district
operating a community day school for any of kindergarten and
grades 1 to 8, inclusive, separate younger pupils from older pupils
within that community day school. begin delete Except as provided in Section
47634, a charter school may not receive funding as a community
day school unless it meets all the conditions of apportionment set
forth in this article. end delete

begin insert

begin insert SEC. 76. end insert   

end insert

begin insert Section 48660.2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

48660.2.  

(a) Notwithstanding any other provision of law, and
as a condition of receiving apportionments under this article, school
districts operating one or more community day schools shall
annually report to the Superintendent, on forms approved by the
State Board of Education, the direct instructional costs and
documented support costs of their community day schools, using
definitions included in the California School Accounting Manual,
Part I, as it read on July 1, 1997, except that districts may include
in these reports the costs of rents and leases for facilities used by
community day schools and maintenance and operations costs for
facilities used by community day schools. Each school district that
has received approval from the department to use the standardized
account code structure may satisfy the requirement set forth in this
subdivision by reporting the direct costs of the community day
school program, and shall maintain documentation of all
noninstructional costs charged to the community day school
program.

(b) The Superintendent shall do each of the following:

(1) Multiply the total of all funds received by each school district
on behalf of pupils while enrolled in community day schools by
0.9.

(2) Subtract the total of each school district’s costs for
community day schools, as determined pursuant to subdivision
(a), from the amount determined pursuant to paragraph (1).

(3) If the amount determined pursuant to paragraph (2) for a
school district is positive, the Superintendent shall subtract that
amount from the school district’s next apportionment.

(c) (1) For purposes of making the computation required by
paragraph (1) of subdivision (b) for the 2004-05 fiscal year, the
“total of all funds received” means the total of all funds received
in the 2002-03 to 2004-05 fiscal years, inclusive.

(2) For purposes of making the computation required by
paragraph (2) of subdivision (b) for the 2004-05 fiscal year, the
“school district’s costs” means the school district’s costs incurred
in the 2002-03 to 2004-05 fiscal years, inclusive.

end delete

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 48663 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

48663.  

(a) The minimum schoolday in a community day school
is 360 minutes of classroom instruction provided by a certificated
employee of the district reporting the attendance of the pupils for
apportionment funding.

(b) A pupil enrolled in a community day school may not
generate more than one day of community day school attendance
credit in a schoolday for any purpose.

(c) For the purposes of calculating the additional funding
provided to a school district pursuant to Section 48664, only
community day school attendance shall be reported in clock hours.
Attendance of less than five clock hours in a schoolday shall be
disregarded for purposes of Section 48664. Five clock hours of
attendance in one schoolday shall be deemed to be one-half day
of attendance, for purposes of additional funding pursuant to
Section 48664. Six clock hours or more of attendance in one
schoolday shall be deemed to be one day of attendance, for
purposes of additional funding pursuant to Section 48664.

(d) Independent study may not be utilized as a means of
providing any part of the minimum instructional day provided
pursuant to subdivision (a).

(e) A community day school’s academic programs shall be
comparable to those available to pupils of a similar age in the
school district.

end delete

begin insert

begin insert SEC. 78. end insert   

end insert

begin insert Section 48664 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

48664.  

(a) (1) In addition to funds from all other sources, the
Superintendent of Public Instruction shall apportion to each school
district that operates a community day school four thousand dollars
($4,000) per year, and for each county office of education that
operates a community day school three thousand dollars ($3,000)
per year, for each unit of average daily attendance reported at the
annual apportionment for pupil attendance at community day
schools, adjusted annually commencing with the 1999-2000 fiscal
year for the inflation adjustment calculated pursuant to subdivision
(b) of Section 42238.1. Average daily attendance reported for this
program shall not exceed 0.375 percent of a district’s prior year
P2 average daily attendance in an elementary school district, 0.5
percent of a district’s prior year P2 average daily attendance in a
unified school district, or 0.625 percent of a district’s prior year
P2 average daily attendance in a high school district. The units of
average daily attendance of a community day school operated by
a county office of education shall not exceed the unused units of
average daily attendance of the community day schools operated
by the school districts within the jurisdiction of that county office
of education.

(2) The Superintendent of Public Instruction may reallocate to
any school district any unexpended balance of the appropriations
made for the purposes of this subdivision for actual pupil
attendance in excess of the percentage specified in this subdivision
for the school district in an amount not to exceed one-half of that
percentage. However, the average daily attendance generated by
pupils expelled pursuant to subdivision (d) of Section 48915, shall
not be subject to these percentage caps on average daily attendance.

(b) The average daily attendance of a community day school
shall be determined by dividing the total number of days of
attendance in all full school months, by a divisor of 70 in the first
period of each fiscal year, by a divisor of 135 in the second period
of each fiscal year, and by a divisor of 180 at the annual time of
each fiscal year.

(c) The Superintendent of Public Instruction shall apportion to
each school district that operates a community day school an
amount equal to four dollars ($4), adjusted annually commencing
with the 1999-2000 fiscal year for inflation pursuant to subdivision
(b) of Section 42238.1, multiplied by the total of the number of
hours each schoolday, up to a maximum of two hours daily, that
each community day school pupil remains at the community day
school under the supervision of an employee of the school district,
or a consortium of school districts pursuant to Section 48916.1,
reporting the attendance of the pupils for apportionment funding
following completion of the full six-hour instructional day.

(d) It is the intent of the Legislature that districts enter into
consortia, as feasible, for the purpose of providing community day
school programs. Any school district with fewer than 2,501 units
of average daily attendance may request a waiver for any fiscal
year of the funding limitations set forth in this section. The
Superintendent of Public Instruction shall approve a waiver if he
or she deems it necessary in order to permit the operation of a
community day school of reasonably comparable quality to those
offered in a school district with 2,501 or more units of average
daily attendance. In no event shall the amount allocated pursuant
to a waiver exceed the amount provided for one teacher pursuant
to Section 42284, for pupils enrolled in kindergarten and grades
1 to 6, inclusive, or the amount provided for one teacher pursuant
to Section 42284, for pupils enrolled in grades 7 to 12, inclusive.
The provisions of this act shall not apply to any school district that
applied for a waiver within the funding limits established by this
subdivision but was denied funding or not fully funded.

(e) The State Department of Education shall evaluate and report
to the appropriate legislative policy committees and budget
committees on or before October 1, 1998, and for two years
thereafter the following programmatic and fiscal issues:

(1) The number of expulsions statewide.

(2) The number of school districts operating community day
schools.

(3) Status of the countywide plans as defined in Section 48926.

(4) An evaluation of the community day school average daily
attendance funding percentage cap.

(5) Number of small school districts requesting and the number
receiving a waiver under this section.

(6) The effect of hourly accounting under Section 48663 for
purposes of receiving the additional funding under Section 48664.

(7) The number of pupils and average daily attendance served
in community day programs, further identified as the number
expelled pursuant to subdivision (b) of Section 48915, subdivision
(d) of Section 48915, other expulsion criteria, or referred through
a formal district process.

(8) Pupil outcome data and other data as required under Section
48916.1.

(9) Other programmatic or fiscal matters as determined by the
State Department of Education.

(f) The additional funds provided in subdivisions (a), (c), and
(d) shall only be allocated to the extent that funds are appropriated
for this purpose in the annual Budget Act or other legislation, or
both, except for pupils expelled pursuant to subdivision (d) of
Section 48915. For pupils expelled pursuant to subdivision (d) of
Section 48915, the funds apportioned under subdivision (a) are
continuously appropriated from the General Fund to Section A of
the State School Fund.

(g) A one-time adjustment shall be made to the amount specified
in subdivision (a), for the 1998-99 fiscal year and subsequent fiscal
years, by increasing that amount by the statewide average quotient
resulting from dividing the average daily attendance specified in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
42238.8 by the amount specified in subparagraph (C) of paragraph
(3) of subdivision (a) of Section 42238.8.

end delete

begin insert

begin insert SEC. 79. end insert   

end insert

begin insert Section 48667 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

48667.  

begin delete (a) end delete begin delete   end delete For begin delete the end delete purposes of this article, each county office
of education shall be deemed to be a school district.

begin delete

(b) The Superintendent of Public Instruction shall use the
revenue limit per unit of average daily attendance of the statewide
average juvenile court school revenue limit per unit of average
daily attendance for a community day school operated by a county
office of education.

end delete

begin insert

begin insert SEC. 80. end insert   

end insert

begin insert Article 15 (commencing with Section 51870) of
Chapter 5 of Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert Chapter 6.8 (commencing with Section 52080) of
Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Chapter 6.9 (commencing with Section 52100) of
Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Chapter 6.10 (commencing with Section 52120) of
Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 84. end insert   

end insert

begin insert Chapter 7 (commencing with Section 52130) of Part
28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 85. end insert   

end insert

begin insert Chapter 8 (commencing with Section 52200) of Part
28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 86. end insert   

end insert

begin insert Chapter 8.3 (commencing with Section 52240) of
Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 87. end insert   

end insert

begin insert Chapter 8.5 (commencing with Section 52250) of
Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 88. end insert   

end insert

begin insert Chapter 8.6 (commencing with Section 52270) of
Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 89. end insert   

end insert

begin insert Article 4.5 (commencing with Section 52378) of
Chapter 9 of Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 90. end insert   

end insert

begin insert Article 5 (commencing with Section 52381) of Chapter
9 of Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 91. end insert   

end insert

begin insert Article 8 (commencing with Section 52480) of Chapter
9 of Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 92. end insert   

end insert

begin insert Article 9 (commencing with Section 52485) of Chapter
9 of Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 93. end insert   

end insert

begin insert Article 4 (commencing with Section 52750) of Chapter
11 of Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 94. end insert   

end insert

begin insert Article 1 (commencing with Section 52800) of Chapter
12 of Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 95. end insert   

end insert

begin insert Chapter 12.5 (commencing with Section 52920) of
Part 28 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 96. end insert   

end insert

begin insert Chapter 1 (commencing with Section 54000) of Part
29 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 97. end insert   

end insert

begin insert Chapter 2 (commencing with Section 54100) of Part
29 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 98. end insert   

end insert

begin insert Article 7.1 (commencing with Section 54740) of
Chapter 9 of Part 29 of Division 4 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 99. end insert   

end insert

begin insert Chapter 5 (commencing with Section 58700) of Part
31 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 100. end insert   

end insert

begin insert The heading of Article 7 (commencing with Section
60117) of Chapter 1 of Part 33 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

 

Article 7.  begin delete Pupil Textbook and end delete begin insert Sufficiency of end insert Instructional
Materials begin delete Incentive Program end delete

 

begin insert

begin insert SEC. 101. end insert   

end insert

begin insert Section 60117 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60117.  

This article shall be known and may be cited as the
Pupil Textbook and Instructional Materials Incentive Program Act.

end delete

begin insert

begin insert SEC. 102. end insert   

end insert

begin insert Section 60118 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

60118.  

County offices of education may, at their option, be
eligible to receive funds pursuant to this article. Allocations to
county offices of education shall be based upon prior year average
daily attendance in county operated educational programs and at
the average amount allocated to school districts per unit of average
daily attendance. For the purposes of this article, the terms
“governing board of a school district” and “governing board” are
deemed to include county boards of education.

end delete

begin insert

begin insert SEC. 103. end insert   

end insert

begin insert Section 60119 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60119.  

(a)  begin delete In order to be eligible to receive funds available
for purposes of this article, the end delete begin insert The end insert begin insert end insert governing board of a school
district shall take the following actions:

(1) (A) The governing board of a school district shall hold a
public hearing or hearings at which the governing board begin insert of the
school district end insert shall encourage participation by parents, teachers,
members of the community interested in the affairs of the school
district, and bargaining unit leaders, and shall make a
determination, through a resolution, as to whether each pupil in
each school in the school district has sufficient textbooks or
instructional materials, or both, that are aligned to the content
standards adopted pursuant to Section 60605 or 60605.8 in each
of the following subjects, as appropriate, that are consistent with
the content and cycles of the curriculum framework adopted by
the state board:

(i) Mathematics.

(ii) Science.

(iii) History-social science.

(iv) English language arts, including the English language
development component of an adopted program.

(B) The public hearing shall take place on or before the end of
the eighth week from the first day pupils attend school for that
year. A school district that operates schools on a multitrack,
year-round calendar shall hold the hearing on or before the end of
the eighth week from the first day pupils attend school for that
year on any tracks that begin a school year in August or September.
For purposes of the 2004-05 fiscal year only, the governing board
of a school district shall make a diligent effort to hold a public
hearing pursuant to this section on or before December 1, 2004.

(C) As part of the hearing required pursuant to this section, the
governing board of a school district also shall make a written
determination as to whether each pupil enrolled in a foreign
language or health course has sufficient textbooks or instructional
materials that are consistent with the content and cycles of the
curriculum frameworks adopted by the state board for those
subjects. The governing board of a school district also shall
determine the availability of laboratory science equipment as
applicable to science laboratory courses offered in grades 9 to 12,
inclusive. The provision of the textbooks, instructional materials,
or science equipment specified in this subparagraph is not a
condition of receipt of funds provided by this subdivision.

(2) (A) If the governing board of a school district determines
that there are insufficient textbooks or instructional materials, or
both, the governing board begin insert of the school district end insert shall provide
information to classroom teachers and to the public setting forth,
in the resolution, for each school in which an insufficiency exists,
the percentage of pupils who lack sufficient standards-aligned
textbooks or instructional materials in each subject area and the
reasons that each pupil does not have sufficient textbooks or
instructional materials, or both, and take any action, except an
action that would require reimbursement by the Commission on
State Mandates, to ensure that each pupil has sufficient textbooks
or instructional materials, or both, within two months of the
beginning of the school year in which the determination is made.

(B) In carrying out subparagraph (A), the governing board of a
school district may use moneys in any of the following funds:

(i) Any funds available for textbooks or instructional materials,
or both, begin delete from categorical programs, end delete including any funds begin delete allocated end delete
begin insert received pursuant end insert to begin delete school districts that have been appropriated
in end delete begin insert Section 8880.5 of end insert the begin delete annual Budget Act. end delete begin insert Government Code. end insert

begin delete end delete begin delete

(ii) Any funds of the school district that are in excess of the
amount available for each pupil during the prior fiscal year to
purchase textbooks or instructional materials, or both.

end delete begin delete end delete begin delete

(iii)

end delete

begin insert (ii) end insert  Any other funds available to the school district for textbooks
or instructional materials, or both.

(b) The governing board of a school district shall provide 10
days’ notice of the public hearing or hearings set forth in
subdivision (a). The notice shall contain the time, place, and
purpose of the hearing and shall be posted in three public places
in the school district. The hearing shall be held at a time that will
encourage the attendance of teachers and parents and guardians
of pupils who attend the schools in the school district and shall
not take place during or immediately following school hours.

(c) (1) For purposes of this section, “sufficient textbooks or
instructional materials” means that each pupil, including English
learners, has a standards-aligned textbook or instructional materials,
or both, to use in class and to take home. This paragraph does not
require two sets of textbooks or instructional materials for each
pupil. The materials may be in a digital format as long as each
pupil, at a minimum, has and can access the same materials in the
class and to take home, as all other pupils in the same class or
course in the school district and has the ability to use and access
them at home.

(2) Sufficient textbooks or instructional materials as defined in
paragraph (1) do not include photocopied sheets from only a
portion of a textbook or instructional materials copied to address
a shortage.

(d) The governing board of a school district that receives funds
for instructional materials from any state source is subject to the
requirements of this section.

(e) For the purpose of transitioning to instructional materials
that are aligned with the common core academic content standards,
it is the intent of the Legislature that textbooks, instructional
materials, and supplemental instructional materials be deemed to
be aligned with the content standards pursuant to subdivisions (a)
and (c), and be deemed consistent with the content and cycles of
the curriculum framework adopted by the state board pursuant to
subdivision (a) if the textbooks, instructional materials,
supplemental instructional materials, or a combination of any such
materials are aligned to the content standards adopted pursuant to
Section 60605 or 60605.8.

begin insert

begin insert SEC. 104. end insert   

end insert

begin insert Article 3 (commencing with Section 60240) of
Chapter 2 of Part 33 of Division 4 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 105. end insert   

end insert

begin insert Article 7 (commencing with Section 60350) of
Chapter 2 of Part 33 of Division 4 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 106. end insert   

end insert

begin insert Chapter 4 (commencing with Section 60500) of Part
33 of Division 4 of Title 2 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 107. end insert   

end insert

begin insert Section 60851 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

60851.  

(a) Commencing with the 2003-04 school year and
each school year thereafter, each pupil completing grade 12 shall
successfully pass the high school exit examination as a condition
of receiving a diploma of graduation or a condition of graduation
from high school. Funding for the administration of the high school
exit examination shall be provided for in the annual Budget Act.
The Superintendent shall apportion funds appropriated for this
purpose to enable school districts to meet the requirements of this
subdivision and subdivisions (b), (c), and (d). The state board shall
establish the amount of funding to be apportioned per test
administered, based on a review of the cost per test.

(b) Each pupil shall take the high school exit examination in
grade 10 beginning in the 2001-02 school year and may take the
examination during each subsequent administration, until each
section of the examination has been passed.

(c) (1) At the parent or guardian’s request, a school principal
shall submit a request for a waiver of the requirement to
successfully pass the high school exit examination to the governing
board of the school district for a pupil with a disability who has
taken the high school exit examination with modifications that
alter what the test measures and has received the equivalent of a
passing score on one or both subject matter parts of the high school
exit examination. A governing board of a school district may waive
the requirement to successfully pass one or both subject matter
parts of the high school exit examination for a pupil with a
disability if the principal certifies to the governing board of the
school district that the pupil has all of the following:

(A) begin insert   end insert An individualized education program adopted pursuant to
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.) or a plan adopted pursuant to Section 504 of the
federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) in place
that requires the accommodations or modifications to be provided
to the pupil when taking the high school exit examination.

(B) begin insert   end insert Sufficient high school level coursework either satisfactorily
completed or in progress in a high school level curriculum
sufficient to have attained the skills and knowledge otherwise
needed to pass the high school exit examination.

(C) begin insert   end insert An individual score report for the pupil showing that the
pupil has received the equivalent of a passing score on the high
school exit examination while using a modification that
fundamentally alters what the high school exit examination
measures as determined by the state board.

(2) A school district shall report to the state board, in a manner
and by a date determined by the Superintendent, the number and
characteristics of waivers reviewed, granted, and denied under this
subdivision and any additional information determined to be in
furtherance of this subdivision.

(d) The high school exit examination shall be offered in each
public school and state special school that provides instruction in
grades 10, 11, or 12, on the dates designated by the Superintendent.
An exit examination may not be administered on any date other
than those designated by the Superintendent as examination days
or makeup days.

(e) The results of the high school exit examination shall be
provided to each pupil taking the examination within eight weeks
of the examination administration and in time for the pupil to take
any section of the examination not passed at the next
administration. A pupil shall take again only those parts of the
examination he or she has not previously passed and may not retake
any portion of the exit examination that he or she has previously
passed.

(f) Supplemental instruction shall be provided to any pupil who
does not demonstrate sufficient progress toward passing the high
school exit examination. To the extent that school districts have
aligned their curriculum with the state academic content standards
adopted by the state board, the curriculum for supplemental
instruction shall reflect those standards and shall be designed to
assist the pupils to succeed on the high school exit examination.
This chapter does not require the provision of supplemental
services using resources that are not regularly available to a school
or school district, including summer school begin delete instruction provided
pursuant to Section 37252. end delete begin insert instruction. end insert In no event shall any action
taken as a result of this subdivision cause or require reimbursement
by the Commission on State Mandates. Sufficient progress shall
be determined on the basis of either of the following:

(1) The results of the assessments administered pursuant to
Article 4 (commencing with Section 60640) of Chapter 5 begin delete of Part
33 end delete and the minimum levels of proficiency recommended by the
state board pursuant to Section 60648.

(2) The grades of the pupil and other indicators of academic
achievement designated by the school district.

begin insert

begin insert SEC. 108. end insert   

end insert

begin insert Section 62002 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

62002.  

If the Legislature does not enact legislation to continue
a program listed in this part, the funding of that program shall
continue for the general purposes of that program as specified in
the provisions relating to the establishment and operation of the
program. The funds shall be disbursed according to the
identification criteria and allocation formulas for the program in
effect on the date the program shall cease to be operative pursuant
to this part both with regard to state-to-district and district-to-school
disbursements. The funds shall be used for the intended purposes
of the program, but all relevant statutes and regulations adopted
thereto regarding the use of the funds shall not be operative, except
as specified in Section 62002.5.

end delete

begin insert

begin insert SEC. 109. end insert   

end insert

begin insert Section 62002.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

62002.5.  

Parent advisory committees and school site councils
which are in existence pursuant to statutes or regulations as of
January 1, 1979, shall continue subsequent to the termination of
funding for the programs sunsetted by this chapter. Any school
receiving funds from Economic Impact Aid or Bilingual Education
Aid subsequent to the sunsetting of these programs as provided in
this chapter, shall establish a school site council in conformance
with the requirements in Section 52012. The functions and
responsibilities of such advisory committees and school site
councils shall continue as prescribed by the appropriate law or
regulation in effect as of January 1, 1979.

end delete

begin insert

begin insert SEC. 110. end insert   

end insert

begin insert Section 62003 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

62003.  

The Department of Education shall apportion the funds
specified in Section 62002 to school districts and shall audit the
use of such funds to ensure that such funds are expended for
eligible pupils according to the purposes for which the legislation
was originally established for such programs.

end delete

begin insert

begin insert SEC. 111. end insert   

end insert

begin insert Section 62004 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

62004.  

The State Auditor shall audit, on a sampling basis,
school districts’ use of the funds specified in Section 62002.

end delete

begin insert

begin insert SEC. 112. end insert   

end insert

begin insert Section 62005 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

62005.  

If the Superintendent of Public Instruction determines
that a school district did not comply with the provisions of this
chapter, any apportionment subsequently made pursuant to Section
62003 shall be reduced by two times the amount the superintendent
determines was not used in compliance with the provisions of this
chapter.

end delete

begin insert

begin insert SEC. 113. end insert   

end insert

begin insert Section 62005.5 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

62005.5.  

Notwithstanding Section 62005, if the Superintendent
of Public Instruction determines that a school district or county
superintendent of schools fails to comply with the purposes of the
funds apportioned pursuant to Section 62003, the Superintendent
of Public Instruction may terminate the funding to that district or
county superintendent beginning with the next succeeding fiscal
year.

end delete

begin insert

begin insert SEC. 114. end insert   

end insert

begin insert Section 63000 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

begin delete

63000.  

The provisions of this chapter shall apply to funds
received for the following categorical programs:

(a) Child

end delete

begin insert

begin insert 63000. end insert   

end insert

begin insert The provisions of this chapter shall apply to funds
received for child end insert begin insert end insert care and development programs pursuant to
Chapter 2 (commencing with Section 8200) of Part begin delete 6. end delete begin insert 6 of Division
1 of Title 1. end insert

begin delete

(b) School and Library Improvement Block Grant pursuant to
Article 7 (commencing with Section 41570) of Chapter 3.2 of Part
24.

end delete begin delete end delete begin delete

(c) Bilingual education programs pursuant to Article 1
(commencing with Section 52000) and Article 3 (commencing
with Section 52160) of Chapter 7 of Part 28.

end delete begin delete end delete begin delete end delete begin delete

(d) Economic Impact Aid programs pursuant to Chapter 1
(commencing with Section 54000) of Part 29.

end delete begin delete end delete begin delete end delete begin delete

(e) The Miller-Unruh Basic Reading Act of 1965 pursuant to
Chapter 2 (commencing with Section 54100) of Part 29.

end delete begin delete end delete begin delete end delete begin delete

(f) Compensatory education programs pursuant to Chapter 4
(commencing with Section 54400) of Part 29, except for programs
for migrant children pursuant to Article 3 (commencing with
Section 54440) of Chapter 4 of Part 29.

end delete begin delete end delete

begin insert

begin insert SEC. 115. end insert   

end insert

begin insert Section 63001 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

63001.  

begin delete Each end delete begin insert A end insert begin insert end insert school district that, in begin delete any end delete begin insert a end insert fiscal year, receives
begin delete any end delete begin insert an end insert apportionment for begin delete any end delete begin insert a end insert program specified in Section 63000
shall begin delete utilize end delete begin insert use end insert no less than 85 percent of that apportionment at
schoolsites for direct services to pupils. begin delete To the extent a school
district chooses to transfer, pursuant to Section 41500, up to 15
percent of School and Library Improvement Block Grant funds,
apportioned pursuant to Article 7 (commencing with Section
45170) of Chapter 3.2 of Part 24, a school district shall utilize no
less than 85 percent of the amount remaining after the transfer for
direct services to pupils. end delete

begin insert

begin insert SEC. 116. end insert   

end insert

begin insert Section 64000 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

64000.  

(a) The provisions of this part shall apply to
applications for funds under the following categorical programs:

begin delete

(1) Bilingual education programs pursuant to Article 3
(commencing with Section 52160) of Chapter 7 of Part 28.

end delete begin delete end delete begin delete

(2) School-based coordinated categorical programs established
pursuant to Chapter 12 (commencing with Section 52800) of Part
28.

end delete begin delete end delete begin delete end delete begin delete

(3) Economic Impact Aid programs established pursuant to
Chapter 1 (commencing with Section 54000) of Part 29.

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(4) The Miller-Unruh Basic Reading Act of 1965 pursuant to
Chapter 2 (commencing with Section 54100) of Part 29.

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(5) Compensatory education programs established pursuant to
Chapter 4 (commencing with Section 54400) of Part 29, except
for programs for migrant children pursuant to Article 3
(commencing with Section 54440) of Chapter 4 of Part 29.

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(6)

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begin insert (1) end insert  Programs providing assistance to disadvantaged pupils under
Section 6312 of Title 20 of the United States Code, and programs
providing assistance for neglected or delinquent pupils who are at
risk of dropping out of school, as funded by Section 6421 of Title
20 of the United States Code.

begin delete end delete begin delete

(7) Capital expense funding, as provided by Title I of the
Improving America’s Schools Act of 1994 (20 U.S.C. Sec. 1001
et seq.).

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(8) California Peer Assistance and Review Programs for
Teachers established pursuant to Article 4.5 (commencing with
Section 44500) of Chapter 3 of Part 25.

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(9)

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begin insert (2) end insert  Professional development programs established pursuant to
Section 6601 of Title 20 of the United States Code.

begin delete end delete begin delete

(10) Innovative Program Strategies Programs established
pursuant to Section 7303 of Title 20 of the United States Code.

end delete begin delete end delete begin delete end delete begin delete

(11) Programs established under the federal Class Size
Reduction Initiative (P.L. 106-554).

end delete begin delete end delete begin delete

(12)

end delete

begin insert (3) end insert  Programs for tobacco use prevention funded by Section 7115
of Title 20 of the United States Code.

begin delete end delete begin delete

(13) School safety and violence prevention programs, established
pursuant to Article 3.6 (commencing with Section 32228) of
Chapter 2 of Part 19.

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(14)

end delete

begin insert (4) end insert  Safe and Drug Free Schools and Communities programs
established pursuant to Section 7113 of Title 20 of the United
States Code.

begin delete end delete begin delete

(b) Each school district that elects to apply for any of these state
funds shall submit to the department, for approval by the state
board, a single consolidated application for approval or continuance
of those state categorical programs subject to this part.

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(c) Each

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert school district that elects to apply for any of these federal
funds may submit to the department for approval, by the state
board, a single consolidated application for approval or continuance
of those federal categorical programs subject to this part.

begin delete

SECTION 1.  

Section 1170.3 of the Penal Code, as amended
by Section 11 of Chapter 361 of the Statutes of 2011, is amended
to read:

1170.3.  

The Judicial Council shall seek to promote uniformity
in sentencing pursuant to Section 1170 by:

(a) The adoption of rules providing criteria for the consideration
of the trial judge at the time of sentencing regarding the court’s
decision to:

(1) Grant or deny probation.

(2) Impose the lower or upper prison term.

(3) Impose concurrent or consecutive sentences.

(4) Determine whether or not to impose an enhancement where
that determination is permitted by law.

(b) The adoption of rules standardizing the minimum content
and the sequential presentation of material in probation officer
reports submitted to the court.

(c) This section shall become operative on January 1, 2014.

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