Amended in Assembly August 12, 2014

Senate BillNo. 876


Introduced by Committee on Budget and Fiscal Review

January 9, 2014


begin deleteAn act relating to the Budget Act of 2014. end deletebegin insertAn act to amend Sections 8278.3, 8357, 8447, 8450, 48000, 51749.5, 53012, 84754.6, 89295, 92495, and 92675 of the Education Code, and to amend Section 10502 of the Public Contract Code, relating to education finance, and making an appropriation therefor, to take effect immediately, bill related to the budget.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 876, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2014. end deletebegin insertEducation finance.end insert

begin insert

(1) Existing law establishes the Child Care Facilities Revolving Fund, a continuously appropriated fund, to provide funding for the renovation, repair, or improvement of an existing building to make it suitable for licensure for child care and development services and for the purchase of new relocatable child care facilities for lease to local educational agencies and contracting agencies that provide child care and development services. Existing law requires local educational agencies and contracting agencies using facilities made available by the use of these funds to be charged a leasing fee, as specified, and requires the Superintendent of Public Instruction to deposit any revenue derived from the lease payments into the fund. Existing law requires augmentations to the fund made in the Budget Act of 2014 to be used for renovation or repair of existing local educational facilities or new relocatable child care facilities for lease to local educational agencies that provide California state preschool program services.

end insert
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This bill would require the funding for the renovation, repair, or improvement of an existing building to make it suitable for licensure for child care and development services to be used for loans, would require the loans to be repaid within a period that does not exceed 10 years, and would require the Superintendent to deposit all revenue derived from the loan repayments into the fund, thereby making an appropriation. The bill would also require augmentations to the fund made in the Budget Act of 2014 to be used for loans for renovation or repair of existing local educational agency facilities to ensure those facilities meet applicable health and safety standards or the purchase of new relocatable child care facilities for lease to local educational agencies, for the purpose of expanding access to California state preschool program services.

end insert
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(2) Existing law requires the cost of child care services provided for CalWORKs recipients to be governed by regional market rates and requires the regional market rate ceilings to be established at the 85th percentile of the 2005 regional market rate survey for that region.

end insert
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This bill, commencing January 1, 2015, would instead require the regional market rate ceilings to be established at the greater of either the 85th percentile of the 2009 regional market rate survey for that region, reduced by 9%, or the 85th percentile of the 2005 regional market rate survey for that region.

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(3) Existing law requires the Department of Finance and the Department of General Services to approve or disapprove annual state subsidized child care and development program contract funding terms and conditions, including both family fee schedules and regional market rate schedules that are required to be adhered to by contract. Existing law, commencing January 1, 2015, requires the State Department of Education to implement the regional market schedule based upon the county aggregates, as determined by the Regional Market survey conducted in 2009 and require the regional market rate schedule to be reduced by 13%, except as specified.

end insert
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This bill would instead require the regional market rate schedule to be reduced by 9%, except as specified.

end insert
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(4) Existing law authorizes a child development contractor to retain a reserve fund balance equal to 5% of the sum of the maximum reimbursable amount of all contracts to which the contractor is a party, or $2,000, whichever is greater, and authorizes a California state preschool program contracting agency to retain in the reserve fund an additional 10% of the sum of the maximum reimbursable amount of all preschool contracts to which the contracting agency is a party for purposes of professional development for California state preschool program staff.

end insert
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This bill would clarify the reserve fund balance limits that apply to child development contractors and California state preschool program contracting agencies, as specified.

end insert
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(5) Existing law requires a school district or charter school, as a condition of receipt of apportionment for pupils in a transitional kindergarten program, to ensure that teachers who are assigned to a transitional kindergarten class after July 1, 2015, be credentialed and, by August 1, 2020, have a minimum number of units in early childhood education or childhood development, comparable experience in a preschool setting, or a child development permit issued by the Commission on Teacher Credentialing.

end insert
begin insert

This bill would instead require a school district or charter school, as a condition of receipt of apportionment for pupils in a transitional kindergarten program, to ensure that credentialed teachers who are first assigned to a transitional kindergarten class after July 1, 2015, have, by August 1, 2020, a minimum number of units in early childhood education or childhood development, comparable experience in a preschool setting, or a child development teacher permit issued by the Commission on Teacher Credentialing.

end insert
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(6) Existing law, commencing with the 2015-16 school year, authorizes a school district, charter school, or county office of education to provide independent study courses for pupils enrolled in kindergarten and grades 1 to 12, inclusive, in accordance with prescribed conditions. Existing law provides for the computation of the average daily attendance for pupils enrolled in courses offered pursuant to these provisions.

end insert
begin insert

This bill would revise the computation of the average daily attendance for those independent study courses by providing that if more than 10% of the total average daily attendance of a school district, charter school, or county office of education is claimed pursuant to those courses, the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education enrolled in those courses that exceeds 10% of the school district’s, charter school’s, or county office of education’s total average daily attendance shall be reduced, as specified.

end insert
begin insert

(7) Existing law establishes the California Career Pathways Trust as a state education and economic and workforce development initiative, requires the State Department of Education to administer the trust as a competitive grant program, as specified, and provides that a grant recipient may be a school district, county office of education, direct-funded charter school, or community college district.

end insert
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This bill would provide that a regional occupational center or program operated as a joint powers authority may also be a grant recipient.

end insert
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(8) Existing law requires the Chancellor of the California Community Colleges to publicly post annual segmentwide and community college district goals, and requires the chancellor, in coordination with stakeholders, specified committees of the Legislature, and the Department of Finance, to develop, and the board of governors to adopt, a framework of indicators designed to measure and assess the ongoing condition of a community college’s operational environment in specified areas. Existing law requires, as a condition of the receipt of specified funds, each community college within a community college district to annually develop, adopt, and post a goals framework that addresses at least all of the specified areas referenced above in connection with the measurement and assessment of the ongoing condition of a community college’s operational environment.

end insert
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This bill would state legislative intent regarding these goals frameworks and would require the board of governors to annually develop, adopt, and publicly post a systemwide goals framework that addresses at least all of the specified areas referenced above in connection with the measurement and assessment of the ongoing condition of a community college’s operational environment.

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(9) Existing law requires the California State University and the University of California to report, by March 15 of each year, on specified performance measures, including various calculations of graduation rates and amounts spent per degree, for the preceding academic year.

end insert
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This bill would express the intent of the Legislature that the appropriate policy and fiscal committees of the Legislature review these performance measures in a collaborative process with the Department of Finance, the Legislative Analyst’s Office, individuals with expertise in statewide accountability efforts, the University of California, the California State University, and the California Community Colleges, and consider any recommendations for their modification and refinement, as specified.

end insert
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(10) Existing law establishes procedures to be followed by the University of California if it plans to use any of the support appropriation in the annual budget for a subsequent fiscal year for capital expenditures, as specified. Under existing law, these procedures include the submission of specified data to the Joint Legislative Budget Committee.

end insert
begin insert

This bill would revise these procedures to provide for the submission of this data to the committees in each house of the Legislature that consider the annual state budget and the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, instead of to the Joint Legislative Budget Committee.

end insert
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(11) Existing law requires the Regents of the University of California to give public notice of a project to bidders by publication twice in one newspaper of general circulation published in the county in which the major portion of the project is located and in one trade paper circulated in the county in which the major portion of the work is to be done, as specified, within the 60-day period preceding the day set for the receiving of bids.

end insert
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This bill would authorize the regents to give public notice of a project to bidders under this provision either in the newspaper and trade paper as indicated above or electronically on the Internet Web site of the university.

end insert
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(12) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program and defines transitional kindergarten as the first year of a 2-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. Existing law requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires those programs to include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for 3- and 4-year-old children. Existing law requires the county board of supervisors and the county superintendent of schools to select members of a local planning council. Existing law requires a local planning council to conduct an assessment of child care needs in the county no less than once every 5 years.

end insert
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Of the moneys appropriated in the Budget Act of 2014, this bill would allocate certain of those moneys for purposes of professional development stipends, to be administered by local planning councils, for teachers in transitional kindergarten and teachers in the California state preschool program, as provided. By imposing a new duty on a local planning council, the bill would create a state-mandated local program.

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(13) This bill would make nonsubstantive changes to these provisions.

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(14) Funds allocated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution, as provided.

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

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

end insert
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(16) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2014.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P6    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8278.3 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

8278.3.  

(a) (1) The Child Care Facilities Revolving Fund is
4hereby established in the State Treasury to provide funding for
5begin insert loans forend insert the renovation, repair, or improvement of an existing
6building to make the building suitable for licensure for child care
7and developmentbegin delete servicesend deletebegin insert services,end insert and for the purchase of new
8relocatable child care facilities for lease to local educational
9agencies and contracting agencies that provide child care and
10development services, pursuant to this chapter. The Superintendent
11may transfer state funds appropriated for child care facilities into
12this fund for allocation to local educational agencies and
13contracting agencies, as specified, for the purchase, transportation,
14and installation of facilities for replacement and expansion of
15capacity. Local educational agencies and contracting agencies
16using facilitiesbegin delete made availableend deletebegin insert purchasedend insert by the use of these funds
P7    1shall be charged a leasing fee, either at a fair market value for those
2facilities or at an amount sufficient to amortize the cost of purchase
3and relocation, whichever amount is lower, over a 10-year period.
4Upon full repayment of the purchase and relocation costs, title
5shall transfer from the State of California to the local educational
6agency or contracting agency.begin insert Loans for renovation or repair shall
7be repaid within a period that does not exceed 10 years.end insert
The
8Superintendent shall deposit all revenue derived from the lease
9paymentsbegin insert or renovation or repair loan repaymentsend insert into the Child
10Care Facilities Revolving Fund.

11(2) Notwithstanding Section 13340 of the Government Code,
12all moneys in the fund, including moneys deposited from lease
13begin delete payments,end deletebegin insert payments or loan repayments,end insert are continuously
14appropriated, without regard to fiscal years, to the Superintendent
15for expenditure pursuant to this article.

16(3) Augmentations to the Child Care Facilities Revolving Fund
17made in the Budget Act of 2014 shall be used forbegin insert loans forend insert
18 renovation or repair of existing local educational agency facilities
19begin insert to ensure those facilities meet applicable health and safety
20standardsend insert
orbegin insert the purchase ofend insert new relocatable child care facilities
21for lease to local educationalbegin delete agencies that provideend deletebegin insert agencies, for
22the purpose of expanding access toend insert
California state preschool
23program services pursuant to this chapter.

24(b) On or before August 1 of each fiscal year, the Superintendent
25shall submit to the Department of Finance and the Legislative
26Analyst’s Office a report detailing the number of funding requests
27received and their purpose, the types of agencies that received
28funding from the Child Care Facilities Revolving Fund, the
29increased capacity that these facilities generated, a description of
30the manner in which the facilities are being used, and a projection
31of the lease paymentsbegin insert and loan repaymentsend insert collected and the funds
32available for future use.

33(c) A local educational agency that provides child care pursuant
34to the California School Age Families Education Program (Article
357.1 (commencing with Section 54740) of Chapter 9 of Part 29 of
36Division 4 of Title 2) is eligible to apply for and receive funding
37pursuant to this section.

38begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8357 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
39read:end insert

P8    1

8357.  

(a) The cost of child care services provided under this
2article shall be governed by regional market rates. Recipients of
3child care services provided pursuant to this article shall be allowed
4to choose the child care services of licensed child care providers
5or child care providers who are, by law, not required to be licensed,
6and the cost of that child care shall be reimbursed by counties or
7agencies that contract with the State Department of Education if
8the cost is within the regional market rate. For purposes of this
9section, “regional market rate” means care costing no more than
101.5 market standard deviations above the mean cost of care for
11that region. The regional market rate ceilings shall be established
12at the 85th percentile of the 2005 regional market rate survey for
13that region.begin insert Commencing January 1, 2015, the regional market
14rate ceilings shall be established at the greater of either the 85th
15percentile of the 2009 regional market rate survey for that region,
16reduced by 9 percent, or the 85th percentile of the 2005 regional
17market rate survey for that region.end insert

18(b) Reimbursement to license-exempt child care providers shall
19not exceed 60 percent of the family child care home rate established
20pursuant to subdivision (a), effective July 1, 2011.

21(c) Reimbursement to child care providers shall not exceed the
22fee charged to private clients for the same service.

23(d) Reimbursement shall not be made for child care services
24when care is provided by parents, legal guardians, or members of
25the assistance unit.

26(e) A child care provider located on an Indian reservation or
27rancheria and exempted from state licensing requirements shall
28meet applicable tribal standards.

29(f) For purposes of this section, “reimbursement” means a direct
30payment to the provider of child care services, including
31license-exempt providers. If care is provided in the home of the
32recipient, payment may be made to the parent as the employer,
33and the parent shall be informed of his or her concomitant legal
34and financial reporting requirements. To allow time for the
35development of the administrative systems necessary to issue direct
36payments to providers, for a period not to exceed six months from
37the effective date of this article, a county or an alternative payment
38agency contracting with the State Department of Education may
39reimburse the cost of child care services through a direct payment
40to a recipient of aid rather than to the child care provider.

P9    1(g) Counties and alternative payment programs shall not be
2bound by the rate limits described in subdivision (a) when there
3are, in the region, no more than two child care providers of the
4type needed by the recipient of child care services provided under
5this article.

6(h) Notwithstanding any otherbegin delete provision ofend delete law, reimbursements
7to child care providers based upon a daily rate may only be
8authorized under either of the following circumstances:

9(1) A family has an unscheduled but documented need of six
10hours or more per occurrence, such as the parent’s need to work
11on a regularly scheduled day off, that exceeds the certified need
12for child care.

13(2) A family has a documented need of six hours or more per
14day that exceeds no more than 14 days per month. In no event shall
15reimbursements to a provider based on the daily rate over one
16month’s time exceed the provider’s equivalent full-time monthly
17rate or applicable monthly ceiling.

18(3) This subdivision shall not limit providers from being
19reimbursed for services using a weekly or monthly rate, pursuant
20to subdivision (c) of Section 8222.

21begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8447 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
22read:end insert

23

8447.  

(a) The Legislature hereby finds and declares that greater
24efficiencies may be achieved in the execution of state subsidized
25child care and development program contracts with public and
26private agencies by the timely approval of contract provisions by
27the Department of Finance, the Department of General Services,
28and the State Department of Education and by authorizing the State
29Department of Education to establish a multiyear application,
30contract expenditure, and service review as may be necessary to
31provide timely service while preserving audit and oversight
32functions to protect the public welfare.

33(b) (1) The Department of Finance and the Department of
34General Services shall approve or disapprove annual contract
35funding terms and conditions, including both family fee schedules
36and regional market rate schedules that are required to be adhered
37to by contract, and contract face sheets submitted by the State
38Department of Education not more than 30 working days from the
39date of submission, unless unresolved conflicts remain between
40the Department of Finance, the State Department of Education,
P10   1and the Department of General Services. The State Department of
2Education shall resolve conflicts within an additional 30 working
3day time period. Contracts and funding terms and conditions shall
4be issued to child care contractors no later than June 1. Applications
5for new child care funding shall be issued not more than 45
6working days after the effective date of authorized new allocations
7of child care moneys.

8(2) Notwithstanding paragraph (1), until January 1, 2015, the
9State Department of Education shall implement the regional market
10rate schedules based upon the county aggregates, as determined
11by the Regional Market survey conducted in 2005. Commencing
12January 1, 2015, the State Department of Education shall
13implement the regional market rate schedules based upon the 85th
14percentile of county aggregates, as determined by the Regional
15Market survey conducted in 2009. Commencing January 1, 2015,
16the regional market rate schedule developed pursuant to this
17paragraph shall be reduced bybegin delete 13end deletebegin insert 9end insert percent. If a ceiling for a county
18is less than the ceiling provided for that county before January 1,
192015, the State Department of Education shall use the ceiling from
20the Regional Market survey conducted in 2005.

21(3) It is the intent of the Legislature to fully fund the third stage
22of child care for former CalWORKs recipients.

23(c) With respect to subdivision (b), it is the intent of the
24Legislature that the Department of Finance annually review
25contract funding terms and conditions for the primary purpose of
26ensuring consistency between child care contracts and the child
27care budget. This review shall include evaluating any proposed
28changes to contract language or other fiscal documents to which
29the contractor is required to adhere, including those changes to
30terms or conditions that authorize higher reimbursement rates,begin delete thatend delete
31 modify related adjustment factors,begin delete thatend delete modify administrative or
32other service allowances, orbegin delete thatend delete diminish fee revenues otherwise
33available for services, to determine if the change is necessary or
34has the potential effect of reducing the number of full-time
35equivalent children that may be served.

36(d) Alternative payment child care systems, as set forth in Article
373 (commencing with Section 8220), shall be subject to the rates
38established in the Regional Market Rate Survey of California Child
39Care Providers for provider payments. The State Department of
40Education shall contract to conduct and complete a Regional
P11   1Market Rate Survey no more frequently than once every two years,
2consistent with federal regulations, with a goal of completion by
3March 1.

4(e) By March 1 of each year, the Department of Finance shall
5provide to the State Department of Education the state median
6income amount for a four-person household in California based
7on the best available data. The State Department of Education shall
8adjust its fee schedule for child care providers to reflect this
9updated state median income; however, no changes based on
10revisions to the state median income amount shall be implemented
11midyear.

12(f) Notwithstanding the June 1 date specified in subdivision (b),
13changes to the regional market rate schedules and fee schedules
14may be made at any other time to reflect the availability of accurate
15data necessary for their completion, provided these documents
16receive the approval of the Department of Finance. The Department
17of Finance shall review the changes within 30 working days of
18submission and the State Department of Education shall resolve
19conflicts within an additional 30 working day period. Contractors
20shall be given adequate notice before the effective date of the
21approved schedules. It is the intent of the Legislature that contracts
22for services not be delayed by the timing of the availability of
23accurate data needed to update these schedules.

24begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8450 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
25read:end insert

26

8450.  

(a) All child development contractors are encouraged
27to develop and maintain a reserve within the child development
28fund, derived from earned but unexpended funds. Child
29development contractors may retain all earned funds. For purposes
30of this section, “earned funds” are those for which the required
31number of eligible service units have been provided.

32(b) (1) Earned funds shall not be expended forbegin delete anyend delete activities
33proscribed by Section 8406.7. Earned but unexpended funds shall
34remain in the contractor’s reserve account within the child
35development fund and shall be expended only by direct service
36child development programs that are funded under contract with
37the department.

38(2) (A) Commencing July 1, 2011, a contractor may retain a
39reserve fund balance, separate from the reserve fund retained
40pursuant to subdivision (c) or (d), equal to 5 percent of the sum of
P12   1the maximum reimbursable amounts of all contracts to which the
2contractor is a party, or two thousand dollars ($2,000), whichever
3is greater. This paragraph applies to direct service child
4developmentbegin delete programsend deletebegin insert contracting agenciesend insert that are funded under
5contract with thebegin delete department.end deletebegin insert department and are not a California
6state preschool program contracting agency.end insert

7(B) A California state preschool program contracting agency
8may retainbegin delete inend deletebegin insert a reserve fund balance, separate fromend insert the reserve
9fundbegin delete an additional 10end deletebegin insert retained pursuant to subdivision (c) or (d),
10equal to 15end insert
percent of the sum of the maximum reimbursable
11amounts of allbegin delete preschoolend delete contracts to which thebegin delete contracting agencyend delete
12begin insert contractorend insert is abegin delete partyend deletebegin insert party, or two thousand dollars ($2,000),
13whichever is greater. Of the 15 percent retained, 10 percent shall
14solely be usedend insert
for purposes of professional development for
15California state preschool program instructional staff.begin insert This
16paragraph applies to California state preschool program
17contracting agencies that are funded under contract with the
18department.end insert

19(c) Notwithstanding subdivisions (a) and (b), a contractor may
20retain a reserve fund balance for a resource and referral program,
21separate from the balance retained pursuant to subdivision (b) or
22(d), not to exceed 3 percent of the contract amount. Funds from
23this reserve account may be expended only by resource and referral
24programs that are funded under contract with the department.

25(d) Notwithstanding subdivisions (a) and (b), a contractor may
26retain a reserve fund balance for alternative payment model and
27certificate child care contracts, separate from the reserve fund
28retained pursuant to subdivisions (b) and (c). Funds from this
29reserve account may be expended only by alternative payment
30model and certificate child care programs that are funded under
31contract with the department. The reserve amount allowed by this
32section may not exceed either of the following, whichever is
33greater:

34(1) Two percent of the sum of the parts of each contract to which
35that contractor is a party that is allowed for administration pursuant
36to Section 8276.7 and that is allowed for supportive services
37pursuant to the provisions of the contract.

38(2) One thousand dollars ($1,000).

P13   1(e) Each contractor’s audit shall identify any funds earned by
2the contractor for each contract through the provision of contracted
3services in excess of funds expended.

4(f) Any interest earned on reserve funds shall be included in the
5fund balance of the reserve. This reserve fund shall be maintained
6in an interest-bearing account.

7(g) Moneys in a contractor’s reserve fund may be used only for
8expenses that are reasonable and necessary costs as defined in
9subdivision (n) of Section 8208.

10(h) Any reserve fund balance in excess of the amount authorized
11pursuant to subdivisions (b), (c), and (d) shall be returned to the
12department pursuant to procedures established by the department.

13(i) Upon termination of all child development contracts between
14a contractor and the department, all moneys in a contractor’s
15reserve fund shall be returned to the department pursuant to
16procedures established by the department.

17(j) Expenditures from, additions to, and balances in, the reserve
18fund shall be included in thebegin insert contractingend insert agency’s annual financial
19statements and audit.

20begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 48000 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
21read:end insert

22

48000.  

(a) A child shall be admitted to a kindergarten
23maintained by the school district at the beginning of a school year,
24or at a later time in the same year if the child will have his or her
25fifth birthday on or before one of the following dates:

26(1) December 2 of the 2011-12 school year.

27(2) November 1 of the 2012-13 school year.

28(3) October 1 of the 2013-14 school year.

29(4) September 1 of the 2014-15 school year and each school
30year thereafter.

31(b) The governing board of a school district maintaining one or
32 more kindergartens may, on a case-by-case basis, admit to a
33kindergarten a child having attained the age of five years at any
34time during the school year with the approval of the parent or
35guardian, subject to the following conditions:

36(1) The governing board determines that the admittance is in
37the best interests of the child.

38(2) The parent or guardian is given information regarding the
39advantages and disadvantages and any other explanatory
40information about the effect of this early admittance.

P14   1(c) As a condition of receipt of apportionment for pupils in a
2transitional kindergarten program pursuant tobegin delete subdivision (g) ofend delete
3 Section 46300, a school district or charter school shall ensure the
4following:

5(1) In the 2012-13 school year, a child who will have his or her
6fifth birthday between November 2 and December 2 shall be
7admitted to a transitional kindergarten program maintained by the
8school district.

9(2) In the 2013-14 school year, a child who will have his or her
10fifth birthday between October 2 and December 2 shall be admitted
11to a transitional kindergarten program maintained by the school
12district.

13(3) In the 2014-15 school year and each school year thereafter,
14a child who will have his or her fifth birthday between September
152 and December 2 shall be admitted to a transitional kindergarten
16program maintained by the school district.

17(d) For purposes of this section, “transitional kindergarten”
18means the first year of a two-year kindergarten program that uses
19a modified kindergarten curriculum that is age and developmentally
20appropriate.

21(e) A transitional kindergarten shall not be construed as a new
22program or higher level of service.

23(f) It is the intent of the Legislature that transitional kindergarten
24curriculum be aligned to the California Preschool Learning
25Foundations developed by the department.

26(g) As a condition of receipt of apportionment for pupils in a
27transitional kindergarten program pursuant tobegin delete subdivision (g) ofend delete
28 Section 46300, a school district or charter school shall ensure that
29begin insert credentialedend insert teachersbegin insert who are firstend insert assigned to a transitional
30kindergarten classroom after July 1, 2015,begin delete have been issued at
31least one credentialend delete
begin insert have,end insert bybegin delete the Commission on Teacher
32Credentialing, and shall, byend delete
August 1, 2020,begin delete haveend delete one of the
33following:

34(1) At least 24 units in early childhood education, or childhood
35development, or both.

36(2) As determined by the local educational agency employing
37the teacher, professional experience in a classroom setting with
38preschool age children that is comparable to the 24 units of
39education described in paragraph (1).

P15   1(3) A child developmentbegin insert teacherend insert permit issued by the
2Commission on Teacher Credentialing.

3begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 51749.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
4read:end insert

5

51749.5.  

(a) Notwithstanding any other law, and commencing
6with the 2015-16 school year, a school district, charter school, or
7county office of education may, for pupils enrolled in kindergarten
8and grades 1 to 12, inclusive, provide independent study courses
9pursuant to the following conditions:

10(1) The governing board or body of a participating school
11district, charter school, or county office of education adopts
12policies, at a public meeting, that comply with the requirements
13of this section and any applicable regulations adopted by the state
14board.

15(2) A signed learning agreement is completed and on file
16pursuant to Section 51749.6.

17(3) Courses are taught under the general supervision of
18certificated employees who hold the appropriate subject matter
19credential pursuant to Section 44300 or 44865, or subdivision (l)
20of Section 47605, meet the requirements for highly qualified
21teachers pursuant to the federal No Child Left Behind Act of 2001
22(20 U.S.C. Sec. 6301 et seq.), and are employed by the school
23district, charter school, or county office of education at which the
24pupil is enrolled, or by a school district, charter school, or county
25office of education that has a memorandum of understanding to
26provide the instruction in coordination with the school district,
27charter school, or county office of education at which the pupil is
28enrolled.

29(4) (A) Courses are annually certified, by school district, charter
30school, or county office of education governing board or body
31resolution, to be of the same rigor and educational quality as
32equivalent classroom-based courses, and shall be aligned to all
33relevant local and state content standards.

34(B) This certification shall, at a minimum, include the duration,
35number of equivalent daily instructional minutes for each schoolday
36that a pupil is enrolled, number of equivalent total instructional
37minutes, and number of course credits for each course. This
38information shall be consistent with that of equivalent
39classroom-based courses.

P16   1(5) Pupils enrolled in courses authorized by this section shall
2meet the applicable age requirements established pursuant to
3Sections 46300.1, 46300.4, 47612, and 47612.1.

4(6) Pupils enrolled in courses authorized by this section shall
5meet the applicable residency and enrollment requirements
6established pursuant to Sections 46300.2, 47612, 48204, and
751747.3.

8(7) (A) Certificated employees and each pupil shall communicate
9begin delete in-person,end deletebegin insert in person,end insert by telephone, or by any other live visual or
10audio connection no less than twice per calendar month to assess
11whether each pupil is making satisfactory educational progress.

12(B) For purposes of this section, satisfactory educational
13progress includes, but is not limited to, applicable statewide
14accountability measures and the completion of assignments,
15examinations, or other indicators that evidence that the pupil is
16working on assignments, learning required concepts, and
17progressing toward successful completion of the course, as
18determined by certificated employees providing instruction.

19(C) If satisfactory educational progress is not being made,
20certificated employees providing instruction shall notify the pupil
21and, if the pupil is less than 18 years of age, the pupil’s parent or
22legal guardian, and conduct an evaluation to determine whether it
23is in the best interest of the pupil to remain in the course or whether
24he or she should be referred to an alternative program, which may
25include, but is not limited to, a regular school program. A written
26record of the findings of an evaluation made pursuant to this
27subdivision shall be treated as a mandatory interim pupil record.
28The record shall be maintained for a period of three years from
29the date of the evaluation and, if the pupil transfers to another
30California public school, the record shall be forwarded to that
31school.

32(D) Written or computer-based evidence of satisfactory
33educational progress, as defined in subparagraph (B), shall be
34retained for each course and pupil. At a minimum, this evidence
35shall include a grade book or summary document that, for each
36course, lists all assignments, examinations, and associated grades.

37(8) A proctor shall administer examinations.

38(9) (A) Statewide testing results for pupils enrolled in any course
39authorized pursuant to this section shall be reported and assigned
40to the school or charter school at which the pupil is enrolled, and
P17   1to any school district, charter school, or county office of education
2within which that school’s or charter school’s testing results are
3aggregated.

4(B) Statewide testing results for pupils enrolled in a course or
5courses pursuant to this section shall be disaggregated for purposes
6of comparing the testing results of those pupils to the testing results
7of pupils enrolled in classroom-based courses.

8(10) A pupil shall not be required to enroll in courses authorized
9by this section.

10(11) The pupil-to-certificated-employee ratio limitations
11established pursuant to Section 51745.6 are applicable to courses
12authorized by this section.

13(12) For each pupil, the combined equivalent daily instructional
14minutes for enrolled courses authorized by this section and enrolled
15courses authorized by all other laws and regulations shall meet the
16minimum instructional day requirements applicable to the local
17educational agency. Pupils enrolled in courses authorized by this
18section shall be offered the minimum annual total equivalent
19instructional minutes pursuant to Sections 46200 to 46208,
20inclusive, and Section 47612.5.

21(13) Courses required for high school graduation or for
22admission to the University of California or California State
23University shall not be offered exclusively through independent
24study.

25(14) A pupil participating in independent study shall not be
26assessed a fee prohibited by Section 49011.

27(15) A pupil shall not be prohibited from participating in
28independent study solely on the basis that he or she does not have
29the materials, equipment, or Internet access that are necessary to
30participate in the independent study course.

31(b) For purposes of computing average daily attendance for
32 each pupil enrolled in one or more courses authorized by this
33section, the following computations shall apply:

34(1) (A) For each schoolday, add the combined equivalent daily
35instructional minutes, as certified in paragraph (4) of subdivision
36(a), for courses authorized by this section in which the pupil is
37enrolled.

38(B) For each schoolday, add the combined daily instructional
39minutes of courses authorized by all other laws and regulations in
P18   1which the pupil is enrolled and for which the pupil meets applicable
2attendance requirements.

3(C) For each schoolday, add the sum of subparagraphs (A) and
4(B).

5(2) If subparagraph (C) of paragraph (1) meets applicable
6minimum schoolday requirements for each schoolday, and all other
7requirements in this section have been met, credit each schoolday
8that the pupil is demonstrating satisfactory educational progress
9pursuant to the requirements of this section, with up to one school
10day of attendance.

11(3) (A) Using credited schoolday attendance pursuant to
12paragraph (2), calculate average daily attendance pursuant to
13Section 41601 or 47612, whichever is applicable, for each pupil.

14(B) The average daily attendance computed pursuant to this
15subdivision shall not result in more than one unit of average daily
16attendance per pupil.

17(4) Notwithstanding any other law, average daily attendance
18computed for pupils enrolled in courses authorized by this section
19shall not be credited with average daily attendance other than what
20is specified in this section.

begin insert

21(5) If more than 10 percent of the total average daily attendance
22of a school district, charter school, or county office of education
23is claimed pursuant to this section, then the amount of average
24daily attendance for all pupils enrolled by that school district,
25charter school, or county office of education in courses authorized
26pursuant to this section that is in excess of 10 percent of the total
27average daily attendance for the school district, charter school,
28or county office of education shall be reduced by either (A) the
29statewide average rate of absence for elementary school districts
30for kindergarten and grades 1 to 8, inclusive, or (B) the statewide
31average rate of absence for high school districts for grades 9 to
3212, inclusive, as applicable, as calculated by the department for
33the prior fiscal year, with the resultant figures and ranges rounded
34to the nearest 10th.

end insert

35(c) For purposes of this section, “equivalent total instructional
36minutes” means the same number of minutes as required for an
37equivalent classroom-based course.

begin insert

38(d) Nothing in this section shall be deemed to prohibit the right
39to collectively bargain any subject within the scope of
40representation pursuant to Section 3543.2 of the Government Code.

end insert
begin delete

P19   1(d)

end delete

2begin insert(e)end insert (1) The Superintendent shall conduct an evaluation of
3independent study courses offered pursuant to this section and
4reportbegin insert theend insert findings to the Legislature and the Director of Finance
5no later than September 1, 2019. The report shall, at a minimum,
6compare the academic performance of pupils in independent study
7with demographically similar pupils enrolled in equivalent
8classroom-based courses.

9(2) The requirement for submitting a report imposed under
10paragraph (1) is inoperative on September 1, 2023, pursuant to
11Section 10231.5 of the Government Code.

12(3) A report to be submitted pursuant to paragraph (1) shall be
13submitted in compliance with Section 9795 of the Government
14Code.

15begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 53012 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
16read:end insert

17

53012.  

A grant recipient under this chapter may be a school
18district,begin delete aend delete county office of education,begin delete aend delete direct-funded charter school,
19begin insert regional occupational centerend insert orbegin insert program operated byend insert abegin insert joint
20powers authority, orend insert
community college district.

21begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 84754.6 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
22read:end insert

23

84754.6.  

(a) The Chancellor of the California Community
24Colleges, in coordination with community college stakeholder
25groups, the appropriate fiscal and policy committees of the
26Legislature, and the Department of Finance, shall develop, and the
27board of governors shall adopt, a framework of indicators designed
28to measure the ongoing condition of a community college’s
29operational environment in the following areas:

30(1) Accreditation status.

31(2) Fiscal viability.

32(3) Student performance and outcomes.

33(4) Programmatic compliance with state and federal guidelines.

34(b) As a condition of receipt of funds appropriated for purposes
35of Article 1 (commencing with Section 78210) of Chapter 2 of
36Partbegin delete 48 of Division 7,end deletebegin insert 48,end insert each community college within a
37community college district shall develop, adopt, and publicly post
38a goals framework that addresses at least all of the areas specified
39in subdivision (a).begin insert The development of the goals framework shall
40be guided by the statewide goals outlined in Section 66010.91. It
P20   1is the intent of the Legislature that these goals be challenging and
2quantifiable, address achievement gaps for underrepresented
3populations, and align the educational attainment of California’s
4adult population to the workforce and economic needs of the state,
5pursuant to the legislative intent expressed in Section 66010.93.end insert

begin insert

6(c) The board of governors shall annually develop, adopt, and
7publicly post a systemwide goals framework that addresses at least
8all of the areas specified in subdivision (a). The development of
9the systemwide goals shall be guided by the statewide goals set
10forth in Section 66010.91. It is the intent of the Legislature that
11these goals be challenging and quantifiable, address achievement
12gaps for underrepresented populations, and align the educational
13attainment of California’s adult population to the workforce and
14economic needs of the state, pursuant to the legislative intent
15expressed in Section 66010.93.

end insert
begin delete

16(c)

end delete

17begin insert(d)end insert Before the commencement of the 2015-16 fiscal year, and
18before the commencement of each fiscal year thereafter, the
19Chancellor of the California Community Colleges shall publicly
20post both of the following:

21(1) Annually developed systemwide goals adopted by the board
22of governors.

23(2) Locally developed and adopted community college or
24community college district goals and targets.

begin delete

25(d)

end delete

26begin insert(e)end insert Subject to the availability of funding in the annual Budget
27Act, the board of governors and the Chancellor of the California
28Community Colleges shall assess the degree to which each
29community college district is improving its outcomes in regard to
30the areas specified in subdivision (a) and any additional issues
31addressed in the goals frameworks described inbegin delete paragraphend delete
32begin insert subdivisionend insert (b), and shall offer technical assistance to community
33college districts that are not improving.

begin delete

34(e)

end delete

35begin insert(f)end insert If a community college district is receiving technical
36assistance pursuant to subdivisionbegin delete (d),end deletebegin insert (e),end insert the community college
37district shall submit a turnaround plan that details all of the
38following:

39(1) The problem the technical assistance is attempting to solve.

P21   1(2) How the identified problem will be addressed in a plan
2adopted by the governing board of the community college district.

3(3) A timetable of major milestones for improvement.

4(4) Updates that will be submitted to the Chancellor of the
5California Community Colleges on the outcomes in regard to those
6milestones, as scheduled by the chancellor.

7begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 89295 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
8read:end insert

9

89295.  

(a) For purposes of this section, the following terms
10are defined as follows:

11(1) The “four-year graduation rate” means the percentage of a
12cohort of undergraduate students who entered the university as
13freshmen at any campus and graduated from any campus within
14four years.

15(2) The “six-year graduation rate” means the percentage of a
16cohort of undergraduate students who entered the university as
17freshmen at any campus and graduated from any campus within
18six years.

19(3) The “two-year transfer graduation rate” means the percentage
20of a cohort of undergraduate students who entered the university
21at any campus as junior-level transfer students from the California
22Community Colleges and graduated from any campus within two
23years.

24(4) The “three-year transfer graduation rate” means the
25percentage of a cohort of undergraduate students who entered the
26university as junior-level transfer students from the California
27Community Colleges at any campus and graduated from any
28campus within three years.

29(5) The “four-year transfer graduation rate” means the
30percentage of a cohort of undergraduate students who entered the
31university as junior-level transfer students from the California
32Community Colleges at any campus and graduated from any
33campus within four years.

34(6) “Low-income student” means an undergraduate student who
35has an expected family contribution, as defined in subdivision (g)
36of Section 69432.7, at any time during the student’s matriculation
37at the institution that would qualify the student to receive a federal
38Pell Grant. The calculation of a student’s expected family
39contribution shall be based on the Free Application for Federal
40Student Aid (FAFSA) application or an application determined by
P22   1the California Student Aid Commission to be equivalent to the
2FAFSA application submitted by that applicant.

3(b) Commencing with the 2013-14 academic year, the California
4State University shall report, by March 15 of each year, on the
5following performance measures for the preceding academic year,
6to inform budget and policy decisions and promote the effective
7and efficient use of available resources:

8(1) The number of California Community College transfer
9students enrolled and the percentage of California Community
10College transfer students as a proportion of the total number of
11undergraduate students enrolled.

12(2) The number of new California Community College transfer
13students enrolled and the percentage of new California Community
14College transfer students as a proportion of the total number of
15new undergraduate students enrolled.

16(3) The number of low-income students enrolled and the
17percentage of low-income students as a proportion of the total
18number of undergraduate students enrolled.

19(4) The number of new low-income students enrolled and the
20percentage of low-income students as a proportion of the total
21number of new undergraduate students enrolled.

22(5) The four-year graduation rate for students who entered the
23university four years prior and, separately, for low-income students
24in that cohort.

25(6) The four-year and six-year graduation rates for students who
26entered the university six years prior and, separately, for
27low-income students in that cohort.

28(7) The two-year transfer graduation rate for students who
29entered the university two years prior and, separately, for
30low-income students in that cohort.

31(8) The two-year and three-year transfer graduation rates for
32students who entered the university three years prior and,
33separately, for low-income students in that cohort.

34(9) The two-year, three-year, and four-year transfer graduation
35rates for students who entered the university four years prior and,
36separately, for low-income students in that cohort.

37(10) The number of degree completions annually, in total and
38for the following categories:

39(A) Freshman entrants.

40(B) California Community College transfer students.

P23   1(C) Graduate students.

2(D) Low-income students.

3(11) The percentage of freshman entrants who have earned
4sufficient course credits by the end of their first year of enrollment
5to indicate that they will graduate within four years.

6(12) The percentage of California Community College transfer
7students who have earned sufficient course credits by the end of
8their first year of enrollment to indicate that they will graduate
9within two years.

10(13) For all students, the total amount of funds received from
11all sources identified in subdivision (c) of Section 89290 for the
12year, divided by the number of degrees awarded that same year.

13(14) For undergraduate students, the total amount of funds
14received from all sources identified in subdivision (c) of Section
1589290 for the year expended for undergraduate education, divided
16by the number of undergraduate degrees awarded that same year.

17(15) The average number of California State University course
18credits and the total course credits, including credits accrued at
19other institutions, accumulated by all undergraduate students who
20graduated, and separately for freshman entrants and California
21Community College transfer students.

22(16) (A) The number of degree completions in science,
23technology, engineering, and mathematics (STEM) fields, in total,
24and separately for undergraduate students, graduate students, and
25low-income students.

26(B) For purposes of subparagraph (A), “STEM fields” include,
27but are not necessarily limited to, all of the following: computer
28and information sciences, engineering and engineering
29technologies, biological and biomedical sciences, mathematics
30and statistics, physical sciences, and science technologies.

begin insert

31(c) It is the intent of the Legislature that the appropriate policy
32and fiscal committees of the Legislature review these performance
33measures in a collaborative process with the Department of
34Finance, the Legislative Analyst’s Office, individuals with expertise
35in statewide accountability efforts, the University of California,
36the California State University, and, for purposes of data integrity
37and consistency, the California Community Colleges, and consider
38any recommendations for their modification and refinement. It is
39further the intent of the Legislature that any modification or
P24   1refinement of these measures be guided by the legislative intent
2expressed in Section 66010.93.

end insert
3begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 92495 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
4read:end insert

5

92495.  

(a) (1)  Commencing with the 2013-14 fiscal year and
6for each fiscal year thereafter, if the University of California plans
7to use any of its support appropriation in the annual budget for the
8subsequent fiscal year for capital expenditures pursuant to Section
992493, as defined in paragraph (1) of subdivision (b) of that
10section, or for capital outlay projects pursuant to Section 92494,
11as defined in paragraph (1) of subdivision (b) of that section, it
12shall simultaneously submit, on or before September 1, 10 months
13before the commencement of that fiscal year, a report to thebegin delete Joint
14Legislative Budget Committeeend delete
begin insert committees in each house of the
15Legislature that consider the annual state budget, the budget
16subcommittees in each house of the Legislature that consider
17appropriations for the University of California,end insert
and the Department
18of Finance.

19(2) The report shall detail the scope of capital expenditures or
20begin delete theend delete capital outlaybegin delete projectend deletebegin insert projectsend insert and how the capital expenditures
21orbegin delete theend delete capital outlaybegin delete projectend deletebegin insert projectsend insert will be funded, and it shall
22provide the same level of detail as a capital outlay budget change
23proposal.

begin insert

24(3) The Department of Finance shall review the report and
25submit, by February 1, a list of preliminarily approved capital
26expenditures and capital outlay projects to the committees in each
27house of the Legislature that consider the annual state budget and
28the budget subcommittees in each house of the Legislature that
29consider appropriations for the University of California. These
30committees may review and respond to the list of preliminarily
31approved capital expenditures and capital outlay projects before
32April 1.

end insert
begin delete

33(3)

end delete

34begin insert(4)end insert The Department of Finance shallbegin delete review the report andend delete
35 submit abegin delete list of preliminarily approved capital expenditures and
36capital outlay projects to the Joint Legislative Budget Committee
37by February 1. The Department of Finance shall submit aend delete
final list
38of approved capital expenditures and capital outlay projects to the
39University of California no earlier than April 1, three months before
40the commencement of the fiscal year of the planned expenditures.

P25   1(b) The Department of Finance may approve capital expenditures
2defined in paragraph (3) of subdivision (b) of Section 92493, or
3capital outlay projects defined in paragraph (2) of subdivision (b)
4of Section 92494, no sooner than 30 days after submitting, in
5writing, a list ofbegin insert capitalend insert expenditures andbegin insert capital outlayend insert projects
6being considered for approval to the chairpersons of the committees
7in each house of the Legislature that consider appropriations, the
8chairpersons of the committees and the appropriate subcommittees
9in each house of the Legislature that consider the State Budget,
10and the Chairperson of the Joint Legislative Budget Committee.

11(c) The University of California shall not use its General Fund
12support appropriation to fund a capital expenditure defined in
13paragraph (1) or (3) of subdivision (b) of Section 92493, or capital
14outlay project defined in subdivision (b) of Section 92494, before
15receiving approval from the Department of Finance pursuant to
16this section.

17(d) (1)  For the 2013-14 fiscal year only, if the University of
18California plans to use any of its support appropriation in the
19annual budget for the 2013-14 fiscal year for capital expenditures
20pursuant to Section 92493, as defined in paragraph (1) of
21subdivision (b) of that section, or for capital outlay projects
22pursuant to Section 92494, it shall simultaneously submit, on or
23before August 1 of that fiscal year, a report to the Joint Legislative
24Budget Committee and the Department of Finance. This report
25shall detail the scope of each capital outlay project orbegin insert capitalend insert
26 expenditure and how it will be funded, and it shall provide the
27same level of detail as a capital outlay budget change proposal.

28(2) The Department of Finance shall review the report and
29submit a list of preliminarily approved projects to the Joint
30Legislative Budget Committee by November 1 of that fiscal year.

31(3) The Department of Finance shall submit a final list of
32approved projects to the University of California no earlier than
33December 1 of that fiscal year.

34(4) The University of California shall not proceed with any
35capital expenditures pursuant to Section 92493, as defined in
36paragraph (1) of subdivision (b) of that section, or capital outlay
37projects pursuant to Section 92494, before receiving approval from
38the Department of Finance pursuant to this subdivision.

39(e) Notwithstanding subdivision (b), the University of California
40may use the authority provided in Section 92493 for the Merced
P26   1Classroom and Academic Office Building, as specified in Provision
23 of Item 6440-001-0001 of Section 2.00 of the Budget Act of
32013.

4(f) Notwithstanding Section 10231.5 of the Government Code,
5commencing with the 2014-15 fiscal year, on or before February
61 of each fiscal year, the University of California shall
7simultaneously submit a progress report to the Joint Legislative
8Budget Committee and the Department of Finance detailing the
9scope, funding, and current status of all capital expenditures
10undertaken pursuant to Section 92493 and for all capital outlay
11projects undertaken pursuant to Section 92494.

12begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 92675 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
13read:end insert

14

92675.  

(a) For purposes of this section, the following terms
15are defined as follows:

16(1) The “four-year graduation rate” means the percentage of a
17cohort of undergraduate students who entered the university as
18freshmen at any campus and graduated from any campus within
19four years.

20(2) The “two-year transfer graduation rate” means the percentage
21of a cohort of undergraduate students who entered the university
22at any campus as junior-level transfer students from the California
23Community Colleges and graduated from any campus within two
24years.

25(3) “Low-income student” means an undergraduate student who
26has an expected family contribution, as defined in subdivision (g)
27of Section 69432.7, at any time during the student’s matriculation
28at the institution that would qualify the student to receive a federal
29Pell Grant. The calculation of a student’s expected family
30contribution shall be based on the Free Application for Federal
31Student Aid (FAFSA) application or an application determined by
32the California Student Aid Commission to be equivalent to the
33FAFSA application submitted by that applicant.

34(b) Commencing with the 2013-14 academic year, the
35University of California shall report, by March 15 of each year,
36on the following performance measures for the preceding academic
37year, to inform budget and policy decisions and promote the
38effective and efficient use of available resources:

39(1) The number of transfer students enrolled from the California
40Community Colleges, and the percentage of California Community
P27   1College transfer students as a proportion of the total number of
2undergraduate students enrolled.

3(2) The number of new transfer students enrolled from the
4California Community Colleges, and the percentage of California
5Community College transfer students as a proportion of the total
6number of new undergraduate students enrolled.

7(3) The number of low-income students enrolled and the
8percentage of low-income students as a proportion of the total
9number of undergraduate students enrolled.

10(4) The number of new low-income students enrolled and the
11percentage of low-income students as a proportion of the total
12number of new undergraduate students enrolled.

13(5) The four-year graduation rate for students who entered the
14university four years prior and, separately, for low-income students
15in that cohort.

16(6) The two-year transfer graduation rate for students who
17entered the university two years prior and, separately, for
18low-income students in that cohort.

19(7) The number of degree completions, in total and for the
20following categories:

21(A) Freshman entrants.

22(B) California Community College transfer students.

23(C) Graduate students.

24(D) Low-income students.

25(8) The percentage of freshman entrants who have earned
26sufficient course credits by the end of their first year of enrollment
27to indicate they will graduate within four years.

28(9) The percentage of California Community College transfer
29students who have earned sufficient course credits by the end of
30their first year of enrollment to indicate they will graduate within
31two years.

32(10) For all students, the total amount of funds received from
33all sources identified in subdivision (c) of Section 92670 for the
34year, divided by the number of degrees awarded that same year.

35(11) For undergraduate students, the total amount of funds
36received from the sources identified in subdivision (c) of Section
3792670 for the year expended for undergraduate education, divided
38by the number of undergraduate degrees awarded that same year.

39(12) The average number of University of California course
40credits and total course credits, including credit accrued at other
P28   1institutions, accumulated by all undergraduate students who
2graduated, and separately for freshman entrants and California
3Community College transfer students.

4(13) (A) The number of degree completions in science,
5technology, engineering, and mathematics (STEM) fields, in total,
6and separately for undergraduate students, graduate students, and
7low-income students.

8(B) For purposes of subparagraph (A), “STEM fields” include,
9but are not necessarily limited to, all of the following: computer
10and information sciences, engineering and engineering
11technologies, biological and biomedical sciences, mathematics
12and statistics, physical sciences, and science technologies.

begin insert

13(c) It is the intent of the Legislature that the appropriate policy
14and fiscal committees of the Legislature review these performance
15measures in a collaborative process with the Department of
16Finance, the Legislative Analyst’s Office, individuals with expertise
17in statewide accountability efforts, the University of California,
18the California State University, and, for purposes of data integrity
19and consistency, the California Community Colleges, and consider
20any recommendations for their modification and refinement. It is
21further the intent of the Legislature that any modification or
22refinement of these measures be guided by the legislative intent
23expressed in Section 66010.93.

end insert
24begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 10502 of the end insertbegin insertPublic Contract Codeend insertbegin insert is amended
25to read:end insert

26

10502.  

The Regents of the University of California shall give
27public notice of a project to bidders by publication twice within
28the 60-day period preceding the day set for the receiving of bids
29as follows:

30(a) begin delete Inend deletebegin insert Either inend insert one newspaper of general circulation published
31in the county in which the major portion of the project is located
32and in one such trade paper circulated in the county in which the
33major portion of the work is to bebegin delete done.end deletebegin insert done or electronically on
34the Internet Web site of the university.end insert

35(b) The notices shall state the time and place for the receiving
36and opening of sealed bids, describe in general terms the work to
37be done, and describe the bidding mode by which the lowest
38responsible bidder will be selected.

39begin insert

begin insertSEC. 13.end insert  

end insert
begin insert

(a) Of the moneys appropriated in Item
406110-196-0001 of the Budget Act of 2014, the sum of fifteen million
P29   1dollars ($15,000,000) shall be allocated to the State Department
2of Education to be used to fund professional development stipends
3for teachers, to be administered by local planning councils
4established pursuant to Chapter 2.3 (commencing with Section
58499) of Part 6 of Division 1 of Title 1 of the Education Code. The
6funds shall be allocated as follows:

end insert
begin insert

7(1) (A) First priority shall be for professional development
8stipends for transitional kindergarten teachers.

end insert
begin insert

9(B) For purposes of this paragraph, professional development
10stipends shall include, but shall not be limited to, stipends for
11credentialed teachers to complete at least 24 units in early
12childhood education or childhood development, or a combination
13of both, pursuant to paragraph (1) of subdivision (g) of Section
1448000 of the Education Code.

end insert
begin insert

15(2) Second priority shall be for professional development
16stipends for teachers in the California state preschool program,
17pursuant to Article 7 (commencing with Section 8235) of Chapter
182 of Part 6 of Division 1 of Title 1 of the Education Code for the
19costs of credit bearing coursework in early childhood education,
20child development, or both.

end insert
begin insert

21(b) For purposes of making the computations required by
22 Section 8 of Article XVI of the California Constitution, the
23allocations for professional development activities pursuant to
24this section are “General Fund revenues appropriated for school
25districts,” as defined in subdivision (c) of Section 41202 of the
26Education Code, for the 2014-15 fiscal year, and included within
27the “total allocations to school districts and community college
28districts from General Fund proceeds of taxes appropriated
29pursuant to Article XIII B,” as defined in subdivision (e) of Section
3041202 of the Education Code, for that fiscal year.

end insert
31begin insert

begin insertSEC. 14.end insert  

end insert
begin insert

If the Commission on State Mandates determines
32that this act contains costs mandated by the state, reimbursement
33to local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.

end insert
36begin insert

begin insertSEC. 15.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
37to the Budget Bill within the meaning of subdivision (e) of Section
3812 of Article IV of the California Constitution, has been identified
39as related to the budget in the Budget Bill, and shall take effect
40immediately.

end insert
begin delete
P30   1

SECTION 1.  

It is the intent of the Legislature to enact statutory
2changes relating to the Budget Act of 2014.

end delete


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