Amended in Assembly August 14, 2014

Amended in Assembly June 19, 2014

Amended in Senate April 9, 2014

Amended in Senate March 27, 2014

Senate BillNo. 971


Introduced by Senator Huff

February 10, 2014


An act to amend Sections 17199.4, 17592.74, 32282, 35292.5, 41003.3,begin delete 47613.1,end delete 47650, 47651, 48660, and 60851 of, to repeal Sections 315.5, 316.5, 317, 1982.3, 1982.5, 1983.5, 17584.3, 17586, 17588, 17592, 32285, 46306, 47613.2, 47634.1, 48660.2,begin delete and 48664end deletebegin insert 48664, and 60510.1 of, to amend and renumber the heading of Article 2 (commencing with Section 60510) and Article 4 (commencing with Section 60530) of Chapter 4 of Part 33 of Division 4 of Title 2end insert 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 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 5 (commencing with Section 44520), Article 6 (commencing with Section 44560), Article 8 (commencing with Section 44580), Article 10 (commencing with Section 44630), and Article 10.6 (commencing with Section 44650) of Chapter 3 of Part 25 of Division 3 of Title 2 of, to repeal Article 4.5 (commencing with Sectionbegin delete 52378), Article 5 (commencing with Section 52381),end deletebegin insert 52378)end insert and Article 8 (commencing with Section 52480) 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 repealbegin delete Article 3 (commencing with Section 60240) andend delete Article 7 (commencing with Section 60350) of Chapter 2 of Part 33 of Division 4 of Title 2 of,begin insert to repeal Article 1 (commencing with Section 60500) and Article 3 (commencing with Section 60520) of Chapter 4 of Part 33 of Division 4 of Title 2 of,end insert to repeal Chapter 13 (commencing with Section 11200) 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 3.36 (commencing with Section 44735), and Chapter 3.45 (commencing with Section 44755) 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 8 (commencing with Section 52200), Chapter 8.5 (commencing with Section 52250),begin insert andend insert Chapter 8.6 (commencing with Sectionbegin delete 52270), and Chapter 12.5 (commencing with Section 52920)end deletebegin insert 52270)end insertof Part 28 of Division 4 of Title 2 of, to repeal Chapter 2 (commencing with Section 54100) of Part 29 of Division 4 of Title 2 of,begin insert andend insert to repeal Chapter 5 (commencing with Section 58700) of Part 31 of Division 4 of Title 2 of,begin delete and to repeal Chapter 4 (commencing with Section 60500) of Part 33 of Division 4 of Title 2 of,end delete the Education Code, relating to school finance.

LEGISLATIVE COUNSEL’S DIGEST

SB 971, as amended, Huff. School finance: categorical programs.

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert 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 the 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.

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.

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

begin insert

(2) This bill would incorporate additional changes to Section 17199.4 of the Education Code proposed by AB 1979 that would become operative if this bill and AB 1979 are both enacted on or before January 1, 2015, and this bill is enacted last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 315.5 of the Education Code is repealed.

2

SEC. 2.  

Section 316.5 of the Education Code is repealed.

3

SEC. 3.  

Section 317 of the Education Code is repealed.

4

SEC. 4.  

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

7

SEC. 5.  

Section 1982.3 of the Education Code is repealed.

8

SEC. 6.  

Section 1982.5 of the Education Code is repealed.

9

SEC. 7.  

Section 1983.5 of the Education Code is repealed.

10

SEC. 8.  

Chapter 13 (commencing with Section 11200) of Part
117 of Division 1 of Title 1 of the Education Code is repealed.

12

SEC. 9.  

Section 17199.4 of the Education Code is amended to
13read:

14

17199.4.  

(a) Notwithstanding any other law, any participating
15party, in connection with securing financing or refinancing of
16projects, or working capital pursuant to this chapter, may elect to
17guarantee or provide for payment of the bonds and related
18obligations in accordance with the following conditions:

P4    1(1) If a participating party adopts a resolution by a majority vote
2of its board to participate under this section, it shall provide notice
3to the Controller of that election. The notice shall include a
4schedule for the repayment of principal and interest on the bonds,
5and any other costs necessary or incidental to financing pursuant
6to this chapter, and identify a trustee appointed by the participating
7party or the authority for purposes of this section. If payment of
8 all or a portion of the principal and interest on the bond is secured
9by a letter of credit or other instrument of direct payment, the
10notice may provide for reimbursements to the provider of the
11instrument in lieu of payment of that portion of the principal and
12interest of the bonds. The notice shall be provided not later than
13the date of issuance of the bonds or 60 days before the next
14payment, whichever date is later. The participating party shall
15update the notice at least annually if there is a change in the
16required payment for any reason, including, but not limited to,
17providing for new or increased costs necessary or incidental to the
18financing.

19(2) If, for any reason, the participating party will not make a
20payment at the time the payment is required, the participating party
21shall notify the trustee of that fact and of the amount of the
22deficiency. If the trustee receives this notice from the participating
23party, or does not receive any payment by the date that payment
24becomes due, the trustee shall immediately communicate that
25information to the Controller.

26(3) Upon receipt of the notice required by paragraph (2), the
27Controller shall make an apportionment to the trustee on the date
28shown in the schedule in the amount of the deficiency for the
29purpose of making the required payment. The Controller shall
30make that apportionment only from moneys designated for
31apportionment to a participating party, provided that such moneys
32are from one or both of the following:

33(A) Any funding apportioned for purposes of revenue limits or
34the local control funding formula pursuant to Section 42238.02,
35as implemented by Section 42238.03, to a school district or county
36office of education without regard to the specific funding source
37of the apportionment.

38(B) Any funding apportioned for purposes of the charter school
39block grant or the local control funding formula pursuant to Section
P5    142238.02, as implemented by Section 42238.03, to a charter school
2without regard to the specific funding source of the apportionment.

3(4) As an alternative to the procedures set forth in paragraphs
4(2) and (3), the participating party may provide a transfer schedule
5in its notice to the Controller of its election to participate under
6this section. The transfer schedule shall set forth amounts to be
7transferred to the trustee and the date for the transfers. The
8Controller, subject to the limitation in paragraph (3), shall make
9apportionments to the trustee of those amounts on the specified
10date for the purpose of making those transfers. The authority may
11require a participating party to proceed under this subdivision.

12(b) (1) The amount apportioned for a participating party
13pursuant to this section shall be deemed to be an allocation to the
14participating party and shall be included in the computation of
15allocation, limit, entitlement, or apportionment for the participating
16party.

17(2) The participating party and its creditors do not have a claim
18to funds apportioned or anticipated to be apportioned to the trustee
19by the Controller pursuant to paragraph (3) and (4) of subdivision
20(a), or to the funds apportioned to by the Controller to the trustee
21under any other provision of this section.

22(c) (1)  Participating parties that elect to participate under this
23section shall apply to the authority. The authority shall consider
24each of the following priorities in making funds available:

25(A) First priority shall be given to school districts, charter
26schools, or county offices of education that apply for funding for
27instructional classroom space.

28(B) Second priority shall be given to school districts, charter
29schools, or county offices of education that apply for funding of
30modernization of instructional classroom space.

31(C) Third priority shall be given to all other eligible costs, as
32defined in Section 17173.

33(2) The authority shall prioritize applications at appropriate
34intervals.

35(3) A school district electing to participate under this section
36that has applied for revenue bond moneys for purposes of joint
37venture school facilities construction projects, pursuant to Article
385 (commencing with Section 17060) of Chapter 12, shall not be
39subject to the priorities set forth in paragraph (1).

P6    1(d) This section shall not be construed to make the State of
2California liable for any payments within the meaning of Section
31 of Article XVI of the California Constitution or otherwise, except
4as expressly provided in this section.

5(e) A school district that has a qualified or negative certification
6pursuant to Section 42131, or a county office of education that has
7a qualified or negative certification pursuant to Section 1240, may
8not participate under this section.

9begin insert

begin insertSEC. 9.5.end insert  

end insert

begin insertSection 17199.4 of the end insertbegin insertEducation Codeend insertbegin insert is amended
10to read:end insert

11

17199.4.  

(a) Notwithstanding any other law, any participating
12party, in connection with securing financing or refinancing of
13projects, or working capital pursuant to this chapter,begin delete may elect to
14guarantee or provide for payment of the bonds and related
15obligations in accordance with the following conditions:end delete
begin insert may, in
16accordance with this section, elect to provide for funding, in whole
17or in part, one or more of the following:end insert

begin insert

18(1) Payments on authority bonds.

end insert
begin insert

19(2) Payments under credit enhancement or liquidity support
20agreements in connection with authority bonds.

end insert
begin insert

21(3) Amounts pledged or assigned under one or more pledges
22or assignments to pay authority bonds or obligations under these
23credit enhancement or liquidity support agreements.

end insert
begin insert

24(4) Payments to fund reserves available to pay any of the
25payments described in paragraphs (1), (2), and (3), exclusively
26until paid.

end insert
begin insert

27(5) Fees and charges contemplated by the instruments of the
28authority, trustees, tender agents, remarketing agents, credit
29enhancement and liquidity support providers, and service
30providers.

end insert
begin insert

31(6) Any other costs necessary or incidental to any financing or
32refinancing conducted under this chapter.

end insert
begin insert

33(b) The payments made pursuant to subdivision (a) may be in
34connection with a financing or refinancing benefiting the
35participating party itself, one or more other participating parties,
36or any combination thereof.

end insert
begin insert

37(c) To participate under this section, the participating party
38shall do all of the following:

end insert
begin insert

39(1) Elect to participate by an action of its governing board taken
40in compliance with the rules of that board.

end insert
begin delete

P7    1(1) If a participating party adopts a resolution by a majority vote
2of its board to participate under this section, it shall provide notice

end delete

3begin insert(2)end insertbegin insertend insertbegin insertProvide written noticeend insert to the begin delete Controller of that election. The
4notice shall include a schedule for the repayment of principal and
5interest on the bonds, and any other costs necessary or incidental
6to financing pursuant to this chapter, and identify a trustee
7appointed by the participating party or the authority for purposes
8of this section. If payment of all or a portion of the principal and
9interest on the bond is secured by a letter of credit or other
10instrument of direct payment, the notice may provide for
11reimbursements to the provider of the instrument in lieu of payment
12of that portion of the principal and interest of the bonds. The notice
13shall be provided notend delete
begin insert Controller, noend insert later than the date ofbegin insert theend insert
14 issuance of the bonds or 60 days before the next payment,
15whicheverbegin delete date is later. The participating party shall update the
16notice at least annually if there is a change in the required payment
17for any reason, including, but not limited to, providing for new or
18increased costs necessary or incidental to the financing.end delete
begin insert is later,
19of all of the following:end insert

begin insert

20(A) Its election to participate.

end insert
begin insert

21(B) A schedule of the payments subject to that election.

end insert
begin insert

22(C) The payee or payees of those payments, or the trustee or
23agent on their behalf to receive those payments.

end insert
begin insert

24(i) Payment delivery instructions, which may be by wire transfer
25or other method approved by the Controller.

end insert
begin insert

26(ii) If the method of payment delivery is wire transfer, the
27participating party shall complete and submit the appropriate
28authorization form as prescribed by the Controller.

end insert
begin delete

29(2) If, for

end delete

30begin insert (d)end insertbegin insertend insertbegin insertThe participating party may amend, supplement, or restate
31the notice required pursuant to paragraph (2) of subdivision (c)
32forend insert
any reason,begin delete the participating party will not make a payment at
33the time the payment is required, theend delete
begin insert including, but not necessarily
34limited to, providing for new or increased payments. The
35participating party shall certify in the notice and in any
36amendment, supplement, or restatement of the notice that each
37and every payment reflected in the schedule is a payment described
38in subdivision (a) and the amounts scheduled do not exceed the
39actual or reasonably estimated payment obligations to be funded
40pursuant to this section. Theend insert
participating party shall begin delete notify the
P8    1trustee of that fact and of the amount of the deficiency. If the trustee
2receives this notice from the participating party, or does not receive
3any payment by the date that payment becomes due, the trustee
4shall immediately communicate that information to the Controller.end delete

5begin insert also represent in the notice that it is not submitting the notice for
6the purpose of accelerating a participating party’s receipt of its
7apportionments. Nothing in this section prohibits transfer by the
8recipient of an apportionment under this section to the
9participating party submitting the notice of the excess
10apportionment above the amount needed to fund actual payments
11where the excess resulted from erroneous estimation of scheduled
12payments or otherwise.end insert

begin delete

13(3)

end delete

14begin insert(e)end insert Upon receipt of the notice required by paragraphbegin delete (2),end deletebegin insert (2) of
15subdivision (c),end insert
the Controller shall make an apportionment to the
16begin delete trustee on the dateend deletebegin insert indicated recipient on the date, or during the
17period,end insert
shown in the schedule inbegin delete the amount of the deficiency for
18the purpose of making the required payment. The Controller shall
19make that apportionment only from moneys designated for
20apportionment to a participating party, provided that such moneys
21are from one or more ofend delete
begin insert accordance withend insert the following:

begin insert

22(1) If the participating party requests transfers in full as
23scheduled, in the amount of the scheduled transfer or such lesser
24amount as is available from the sources indicated in subdivision
25(f).

end insert
begin insert

26(2) If the participating party does not request transfers in full
27as scheduled, in the amount of the anticipated deficiency for the
28purpose of making the required payment indicated in a written
29request of the participating party to the Controller and in the
30amount of the actual shortfall in payment indicated in a written
31request of the recipient or the participating party to the Controller
32or the lesser amount that is available from the sources indicated
33in subdivision (f).

end insert
begin insert

34(3) To the extent funds available for an apportionment are
35insufficient to pay the amount set forth in a schedule in any period,
36the Controller shall, if and as requested in the notice, reschedule
37the payment of all or a portion of the deficiency to a subsequent
38period.

end insert
begin insert

39(4) In making apportionments under this section, the Controller
40may rely conclusively and without liability on any notice or request
P9    1delivered under this section, including any delivered prior to
2enactment of the act that adds this paragraph. The Controller may
3make, but is not obligated to make, apportionments not reflected
4on a notice or on an amended, supplemented, or restated notice
5delivered under this section that the Controller receives less than
620 days prior to when the apportionment would otherwise be
7required.

end insert
begin insert

8(f) The Controller shall make an apportionment under this
9section only from moneys designated for apportionment to the
10participating party delivering the notice, and only from one or
11both of the following:

end insert
begin delete

12(A) Any revenue limit apportionments

end delete

13begin insert (1)end insertbegin insertend insertbegin insertAny funding apportioned for purposes of revenue limits or
14the local control funding formula pursuant to Section 42238.02,
15as implemented by Section 42238.03,end insert
to a school district or county
16office of education without regard to the specific funding source
17of the apportionment.

begin delete

18(B) Any charter school block grant apportionments to a charter
19school without regard to the specific funding source of the
20apportionment.

21(C)

end delete

22begin insert(2)end insert Anybegin insert funding apportioned for purposes of theend insert charter school
23begin delete categorical block grant apportionmentsend deletebegin insert block grant or the local
24control funding formula pursuant to Section 42238.02, as
25implemented by Section 42238.03,end insert
to a charter school without
26regard to the specific funding source of the apportionment.

begin delete

27(4) As an alternative to the procedures set forth in paragraphs
28(2) and (3), the participating party may provide a transfer schedule
29in its notice to the Controller of its election to participate under
30this section. The transfer schedule shall set forth amounts to be
31transferred to the trustee and the date for the transfers. The
32Controller, subject to the limitation in paragraph (3), shall make
33apportionments to the trustee of those amounts on the specified
34date for the purpose of making those transfers. The authority may
35require a participating party to proceed under this subdivision.

end delete
begin delete

36(b)

end delete

37begin insert(g)end insertbegin insertend insertbegin insert(1)end insert The amount apportioned for a participating party
38pursuant to this section shall be deemed to be an allocation to the
39participatingbegin delete partyend deletebegin insert party,end insert and shall be included in the computation
P10   1of allocation, limit, entitlement, or apportionment for the
2participating party.

begin delete

3The

end delete

4begin insert(2)end insertbegin insertend insertbegin insertTheend insert participating party and its creditors do not have a claim
5to funds apportioned or anticipated to be apportionedbegin delete to the trusteeend delete
6 by the Controller pursuant tobegin delete paragraph (3) and (4) of subdivision
7(a), or to the funds apportioned to by the Controller to the trustee
8under any other provision ofend delete
this section.

begin delete

9(c)

end delete

10begin insert(h)end insert (1) begin deleteParticipating parties that elect to participate end deletebegin insertThe authority
11may require participation end insert
under this sectionbegin delete shallend deletebegin insert under the terms
12of any financing or refinancing under this chapter to provide for
13one or more of the payments described in paragraphs (1), (2), (3),
14and (4) of subdivision (a). The authority may impose limits on new
15participation under this section. The authority may require
16participating parties toend insert
apply to thebegin delete authority. Theend deletebegin insert authority for
17participation. If the authority limits participation under this section,
18theend insert
authority shall consider each of the following priorities in
19makingbegin delete fundsend deletebegin insert participationend insert available:

20(A) First priority shall be given to begin delete school districts, charter
21schools, or county offices of educationend delete
begin insert participating partiesend insert that
22apply for funding for instructional classroombegin delete space.end deletebegin insert space under
23this chapter.end insert

24(B) Second priority shall be given tobegin delete school districts, charter
25schools, or county offices of educationend delete
begin insert participating partiesend insert that
26apply for funding of modernization of instructional classroom
27begin delete space.end deletebegin insert space under this chapter.end insert

28(C) Third priority shall be given tobegin delete allend deletebegin insert participating parties that
29apply for funding under this chapter for anyend insert
other eligible costs,
30as defined in Section 17173.

31(2) The authority shall prioritize applications at appropriate
32intervals.

33(3) A school district electing to participate under this section
34that has applied for revenue bond moneys for purposes of joint
35venture school facilities construction projects, pursuant to Article
365 (commencing with Section 17060) of Chapter 12, shall not be
37subject to the priorities set forth in paragraph (1).

begin delete

38(d)

end delete

39begin insert(i)end insert This section shall not be construed to make the State of
40California liable for any payments within the meaning of Section
P11   11 of Article XVI of the Californiabegin delete Constitution or otherwise, except
2as expressly provided in this section.end delete
begin insert Constitution.end insert

begin delete

3(e)

end delete

4begin insert(j)end insert A school district that has a qualified or negative certification
5 pursuant to Section 42131, or a county office of education that has
6a qualified or negative certification pursuant to Section 1240, may
7not participate under this section.

begin insert

8(k) This section does not obligate the State of California to make
9available the sources of apportionment under subdivision (f) in
10any amount or at any time or, except as provided in this section,
11to fund any payment described in this section. The addition of this
12subdivision is intended solely to clarify existing law.

end insert
13

SEC. 10.  

Section 17584.3 of the Education Code is repealed.

14

SEC. 11.  

Section 17586 of the Education Code is repealed.

15

SEC. 12.  

Section 17588 of the Education Code is repealed.

16

SEC. 13.  

Section 17592 of the Education Code is repealed.

17

SEC. 14.  

Section 17592.74 of the Education Code is amended
18to read:

19

17592.74.  

Notwithstanding any other law, the funds provided
20to school districts from the School Facilities Emergency Repair
21Account pursuant to this article for the purpose of emergency repair
22grants shall not be deposited into a school district deferred
23maintenance fund for purposes established pursuant to Section
2417582.

25

SEC. 15.  

Section 32282 of the Education Code is amended to
26read:

27

32282.  

(a) The comprehensive school safety plan shall include,
28but not be limited to, both of the following:

29(1) Assessing the current status of school crime committed on
30school campuses and at school-related functions.

31(2) Identifying appropriate strategies and programs that will
32provide or maintain a high level of school safety and address the
33school’s procedures for complying with existing laws related to
34school safety, which shall include the development of all of the
35following:

36(A) Child abuse reporting procedures consistent with Article
372.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
38Part 4 of the Penal Code.

39(B) Disaster procedures, routine and emergency, including
40adaptations for pupils with disabilities in accordance with the
P12   1federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
212101 et seq.). The disaster procedures shall also include, but not
3be limited to, both of the following:

4(i) Establishing an earthquake emergency procedure system in
5every public school building having an occupant capacity of 50
6or more pupils or more than one classroom. A school district or
7county office of education may work with the Office of Emergency
8Services and the Seismic Safety Commission to develop and
9establish the earthquake emergency procedure system. The system
10shall include, but not be limited to, all of the following:

11(I) A school building disaster plan, ready for implementation
12at any time, for maintaining the safety and care of pupils and staff.

13(II) A drop procedure whereby each pupil and staff member
14takes cover under a table or desk, dropping to his or her knees,
15with the head protected by the arms, and the back to the windows.
16A drop procedure practice shall be held at least once each school
17quarter in elementary schools and at least once a semester in
18secondary schools.

19(III) Protective measures to be taken before, during, and
20following an earthquake.

21(IV) A program to ensure that pupils and both the certificated
22and classified staff are aware of, and properly trained in, the
23earthquake emergency procedure system.

24(ii) Establishing a procedure to allow a public agency, including
25the American Red Cross, to use school buildings, grounds, and
26equipment for mass care and welfare shelters during disasters or
27other emergencies affecting the public health and welfare. The
28school district or county office of education shall cooperate with
29the public agency in furnishing and maintaining the services as
30the school district or county office of education may deem
31necessary to meet the needs of the community.

32(C) Policies pursuant to subdivision (d) of Section 48915 for
33pupils who committed an act listed in subdivision (c) of Section
3448915 and other school-designated serious acts which would lead
35to suspension, expulsion, or mandatory expulsion recommendations
36pursuant to Article 1 (commencing with Section 48900) of Chapter
376 of Part 27 of Division 4 of Title 2.

38(D) Procedures to notify teachers of dangerous pupils pursuant
39to Section 49079.

P13   1(E) A discrimination and harassment policy consistent with the
2prohibition against discrimination contained in Chapter 2
3(commencing with Section 200) of Part 1.

4(F) The provisions of any schoolwide dress code, pursuant to
5Section 35183, that prohibits pupils from wearing “gang-related
6apparel,” if the school has adopted that type of a dress code. For
7those purposes, the comprehensive school safety plan shall define
8“gang-related apparel.” The definition shall be limited to apparel
9that, if worn or displayed on a school campus, reasonably could
10be determined to threaten the health and safety of the school
11environment. Any schoolwide dress code established pursuant to
12this section and Section 35183 shall be enforced on the school
13campus and at any school-sponsored activity by the principal of
14the school or the person designated by the principal. For purposes
15of this paragraph, “gang-related apparel” shall not be considered
16a protected form of speech pursuant to Section 48950.

17(G) Procedures for safe ingress and egress of pupils, parents,
18and school employees to and from school.

19(H) A safe and orderly environment conducive to learning at
20the school.

21(I) The rules and procedures on school discipline adopted
22pursuant to Sections 35291 and 35291.5.

23(b) It is the intent of the Legislature that schools develop
24comprehensive school safety plans using existing resources,
25including the materials and services of the partnership, pursuant
26to this chapter. It is also the intent of the Legislature that schools
27use the handbook developed and distributed by the School/Law
28Enforcement Partnership Program entitled “Safe Schools: A
29Planning Guide for Action” in conjunction with developing their
30plan for school safety.

31(c) Each schoolsite council or school safety planning committee
32in developing and updating a comprehensive school safety plan
33shall, where practical, consult, cooperate, and coordinate with
34other schoolsite councils or school safety planning committees.

35(d) The comprehensive school safety plan may be evaluated
36and amended, as needed, by the school safety planning committee,
37but shall be evaluated at least once a year, to ensure that the
38comprehensive school safety plan is properly implemented. An
39updated file of all safety-related plans and materials shall be readily
40available for inspection by the public.

P14   1(e) As comprehensive school safety plans are reviewed and
2updated, the Legislature encourages all plans, to the extent that
3resources are available, to include policies and procedures aimed
4at the prevention of bullying.

5(f) The comprehensive school safety plan, as written and updated
6by the schoolsite council or school safety planning committee,
7shall be submitted for approval under subdivision (a) of Section
832288.

9

SEC. 16.  

Section 32285 of the Education Code is repealed.

10

SEC. 17.  

Section 35292.5 of the Education Code is amended
11to read:

12

35292.5.  

(a) Every public and private school maintaining any
13combination of classes from kindergarten to grade 12, inclusive,
14shall comply with all of the following:

15(1) Every restroom shall at all times be maintained and cleaned
16regularly, fully operational and stocked at all times with toilet
17paper, soap, and paper towels or functional hand dryers.

18(2) The school shall keep all restrooms open during school hours
19when pupils are not in classes, and shall keep a sufficient number
20of restrooms open during school hours when pupils are in classes.

21(b) Notwithstanding subdivision (a), a school may temporarily
22 close a restroom as necessary for pupil safety or as necessary to
23repair the facility.

24

SEC. 18.  

Chapter 2.5 (commencing with Section 37300) of
25Part 22 of Division 3 of Title 2 of the Education Code is repealed.

26

SEC. 19.  

Section 41003.3 of the Education Code is amended
27to read:

28

41003.3.  

(a) Consistent with the provisions of Article 4
29(commencing with Section 17455) of Chapter 4 of Part 10.5 of
30Division 1 of Title 1, from July 1, 2008, to June 30, 2010, inclusive,
31the Dixon Unified School District may sell surplus real property
32previously used as the school farm on Sievers Road, located five
33miles outside of the city and which is not feasible for future school
34construction, together with any personal property located thereon,
35purchased entirely with local funds. The proceeds of the sale shall
36be deposited into the general fund of the school district in order
37to reestablish a 3-percent reserve. The remainder of the proceeds
38from the sale of the property that are not used to reestablish the
393-percent reserve shall be deposited into the capital outlay fund
40of the school district.

P15   1(b) In order to expend funds pursuant to subdivision (a), the
2school district shall meet all of the following conditions:

3(1) The school district shall not be eligible for new construction
4funding for 10 years from the date that funds are deposited into
5the general fund of the school district pursuant to subdivision (a),
6except that the school district may apply for new construction
7funds if both of the following conditions are met:

8(A) At least five years have elapsed since the date upon which
9the sale was executed pursuant to subdivision (a).

10(B) The State Allocation Board determines that the school
11district has demonstrated enrollment growth or a need for additional
12sites or building construction that the school district could not have
13easily anticipated at the time the sale was executed pursuant to
14subdivision (a).

15(2) The governing board of the school district shall complete a
16governance training program focusing on fiscal management
17provided by the County Office Fiscal Crisis and Management
18Assistance Team.

19(3) Any remaining funds from the sale of the property shall be
20exhausted for capital outlay purposes before a request for
21modernization funding.

22(4) Notwithstanding any other law, the Dixon Unified School
23District, from July 1, 2008, to June 30, 2010, inclusive, shall not
24be eligible to receive financial hardship assistance pursuant to
25Article 8 (commencing with Section 17075.10) of Chapter 12.5
26of Part 10 of Division 1 of Title 1.

27(5) The governing board of the school district shall certify all
28of the following to the State Allocation Board:

29(A) The school district has no major deferred maintenance
30requirements that cannot be completed with existing capital outlay
31resources.

32(B) The sale of the real property pursuant to this section does
33not violate any provisions of a local general obligation bond act.

34(C) The real property sold pursuant to this section is not suitable
35to meet any projected school construction need for the next 10
36years.

37(6) Before exercising the authority granted by this section, the
38governing board of the school district, at a regularly scheduled
39meeting, shall present a plan for expending one-time resources
40pursuant to this section. The plan shall identify the source and use
P16   1of the funds, and describe how the proposed use of funds, in
2combination with budget reductions, will address the school
3district’s deficit spending and restore the ongoing fiscal solvency
4of the school district.

5(7) No later than 10 years after the date of the sale of surplus
6property pursuant to subdivision (a), the school district shall deposit
7into its capital outlay fund an amount equal to the amount of the
8proceeds from the sale of the property that is deposited into the
9school district’s general fund as needed to establish the 3-percent
10reserve in accordance with subdivision (a).

11(c) This section shall remain in effect only until January 1, 2021,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2021, deletes or extends that date.

14

SEC. 20.  

Article 1 (commencing with Section 41500) of
15Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
16Code
is repealed.

17

SEC. 21.  

Article 2 (commencing with Section 41505) of
18Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
19Code
is repealed.

20

SEC. 22.  

Article 3 (commencing with Section 41510) of
21Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
22Code
is repealed.

23

SEC. 23.  

Article 4 (commencing with Section 41520) of
24Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
25Code
is repealed.

26

SEC. 24.  

Article 5 (commencing with Section 41530) of
27Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
28Code
is repealed.

29

SEC. 25.  

Article 7 (commencing with Section 41570) of
30Chapter 3.2 of Part 24 of Division 3 of Title 2 of the Education
31Code
is repealed.

32

SEC. 26.  

Article 13 (commencing with Section 41920) of
33Chapter 5 of Part 24 of Division 3 of Title 2 of the Education Code
34 is repealed.

35

SEC. 27.  

Article 5 (commencing with Section 44520) of
36Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
37 is repealed.

38

SEC. 28.  

Article 6 (commencing with Section 44560) of
39Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
40 is repealed.

P17   1

SEC. 29.  

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

4

SEC. 30.  

Article 10 (commencing with Section 44630) of
5Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
6 is repealed.

7

SEC. 31.  

Article 10.6 (commencing with Section 44650) of
8Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
9 is repealed.

10

SEC. 32.  

Chapter 3.3 (commencing with Section 44700) of
11Part 25 of Division 3 of Title 2 of the Education Code is repealed.

12

SEC. 33.  

Chapter 3.33 (commencing with Section 44720) of
13Part 25 of Division 3 of Title 2 of the Education Code is repealed.

14

SEC. 34.  

Chapter 3.36 (commencing with Section 44735) of
15Part 25 of Division 3 of Title 2 of the Education Code is repealed.

16

SEC. 35.  

Chapter 3.45 (commencing with Section 44755) of
17Part 25 of Division 3 of Title 2 of the Education Code is repealed.

18

SEC. 36.  

Section 46306 of the Education Code is repealed.

begin delete
19

SEC. 37.  

Section 47613.1 of the Education Code is amended
20to read:

21

47613.1.  

The Superintendent shall make both of the following
22apportionments on behalf of a charter school in a school district
23in which all schools have been converted to charter schools
24pursuant to Section 47606:

25(a) For each pupil enrolled in the charter school who is entitled
26to special education services, the state and federal funds for special
27education services for that pupil that would have been apportioned
28for that pupil to the school district to which the charter petition
29was submitted.

30(b) Funds for the programs described in Sections 63000 and
3164000, to the extent that any pupil enrolled in the charter school
32is eligible to participate.

end delete
33

begin deleteSEC. 38.end delete
34begin insertSEC. 37.end insert  

Section 47613.2 of the Education Code is repealed.

35

begin deleteSEC. 39.end delete
36begin insertSEC. 38.end insert  

Section 47634.1 of the Education Code, as added by
37Section 24 of Chapter 2 of the Fourth Extraordinary Session of
38the Statutes of 2009, is repealed.

P18   1

begin deleteSEC. 40.end delete
2begin insertSEC. 39.end insert  

Section 47650 of the Education Code is amended to
3read:

4

47650.  

A charter school shall be deemed to be a school district
5for purposes of determining the manner in which warrants are
6drawn on the State School Fund pursuant to Section 14041. For
7purposes of Section 14041, a charter school’s “total amount
8certified” means the state aid portion of the charter school’s total
9local control funding formula allocation pursuant to Section
1042238.02, as implemented by Section 42238.03.

11

begin deleteSEC. 41.end delete
12begin insertSEC. 40.end insert  

Section 47651 of the Education Code is amended to
13read:

14

47651.  

(a) A charter school may receive the state aid portion
15of the charter school’s total local control funding formula allocation
16pursuant to Section 42238.02, as implemented by Section 42238.03,
17directly or through the local educational agency that either grants
18its charter or was designated by the state board.

19(1) In the case of a charter school that elects to receive its
20funding directly, the warrant shall be drawn in favor of the county
21superintendent of schools of the county in which the local
22educational agency that granted the charter or was designated by
23the state board as the oversight agency pursuant to paragraph (1)
24of subdivision (k) of Section 47605 is located, for deposit to the
25appropriate funds or accounts of the charter school in the county
26treasury. The county superintendent of schools is authorized to
27establish appropriate funds or accounts in the county treasury for
28each charter school.

29(2) In the case of a charter school that does not elect to receive
30its funding directly pursuant to this section, the warrant shall be
31drawn in favor of the county superintendent of schools of the
32county in which the local educational agency that granted the
33charter is located or was designated the oversight agency by the
34state board pursuant to paragraph (1) of subdivision (k) of Section
3547605, for deposit to the appropriate funds or accounts of the local
36educational agency.

37(3) In the case of a charter school, the charter of which was
38granted by the state board, but for which the state board has not
39delegated oversight responsibilities pursuant to paragraph (1) of
40subdivision (k) of Section 47605, the warrant shall be drawn in
P19   1favor of the county superintendent of schools in the county where
2the local educational agency is located that initially denied the
3charter that was later granted by the state board. The county
4superintendent of schools is authorized to establish appropriate
5funds or accounts in the county treasury for each charter school.

6(b) On or before June 1 of each year, a charter school electing
7to receive its funding directly shall so notify the county
8superintendent of schools of the county in which the local
9educational agency that granted the charter is located or, in the
10case of charters for which the state board has designated an
11oversight agency pursuant to paragraph (1) of subdivision (k) of
12Section 47605, the county superintendent of schools of the county
13in which the designated oversight agency is located. An election
14to receive funding directly shall apply to all funding that the charter
15school is eligible to receive including, but not limited to, the local
16control funding formula allocation pursuant to Section 42238.02,
17as implemented by Section 42238.03, other state and federal
18categorical aid, and lottery funds.

19

begin deleteSEC. 42.end delete
20begin insertSEC. 41.end insert  

Section 48660 of the Education Code is amended to
21read:

22

48660.  

begin insert(a)end insertbegin insertend insertThe governing board of a school district may
23establish one or more community day schools for pupils who meet
24one or more of the conditions described in subdivision (b) of
25Section 48662. A community day school may serve pupils in any
26of kindergarten and grades 1 to 6, inclusive, or any of grades 7 to
2712, inclusive, or the same or lesser included range of grades as
28may be found in an individual middle or junior high school
29operated by the school district. If a school district is organized as
30a school district that serves kindergarten and grades 1 to 8,
31inclusive, but no higher grades, the governing board of the school
32district may establish a community day school for any kindergarten
33and grades 1 to 8, inclusive, upon a two-thirds vote of the
34governing board of the school district. It is the intent of the
35Legislature, that to the extent possible, the governing board of a
36school district operating a community day school for any of
37kindergarten and grades 1 to 8, inclusive, separate younger pupils
38from older pupils within that community day school.

begin insert

39(b) The average daily attendance of a community day school
40shall be determined by dividing the total number of days of
P20   1attendance in all full school months, by a divisor of 70 in the first
2period of each fiscal year, by a divisor of 135 in the second period
3of each fiscal year, and by a divisor of 180 at the annual time of
4each fiscal year.

end insert
5

begin deleteSEC. 43.end delete
6begin insertSEC. 42.end insert  

Section 48660.2 of the Education Code is repealed.

7

begin deleteSEC. 44.end delete
8begin insertSEC. 43.end insert  

Section 48664 of the Education Code is repealed.

9

begin deleteSEC. 45.end delete
10begin insertSEC. 44.end insert  

Chapter 6.8 (commencing with Section 52080) of
11Part 28 of Division 4 of Title 2 of the Education Code is repealed.

12

begin deleteSEC. 46.end delete
13begin insertSEC. 45.end insert  

Chapter 6.9 (commencing with Section 52100) of
14Part 28 of Division 4 of Title 2 of the Education Code is repealed.

15

begin deleteSEC. 47.end delete
16begin insertSEC. 46.end insert  

Chapter 6.10 (commencing with Section 52120) of
17Part 28 of Division 4 of Title 2 of the Education Code is repealed.

18

begin deleteSEC. 48.end delete
19begin insertSEC. 47.end insert  

Chapter 8 (commencing with Section 52200) of Part
2028 of Division 4 of Title 2 of the Education Code is repealed.

21

begin deleteSEC. 49.end delete
22begin insertSEC. 48.end insert  

Chapter 8.5 (commencing with Section 52250) of
23Part 28 of Division 4 of Title 2 of the Education Code is repealed.

24

begin deleteSEC. 50.end delete
25begin insertSEC. 49.end insert  

Chapter 8.6 (commencing with Section 52270) of
26Part 28 of Division 4 of Title 2 of the Education Code is repealed.

27

begin deleteSEC. 51.end delete
28begin insertSEC. 50.end insert  

Article 4.5 (commencing with Section 52378) of
29Chapter 9 of Part 28 of Division 4 of Title 2 of the Education Code
30 is repealed.

begin delete
31

SEC. 52.  

Article 5 (commencing with Section 52381) of
32Chapter 9 of Part 28 of Division 4 of Title 2 of the Education Code
33 is repealed.

end delete
34

begin deleteSEC. 53.end delete
35begin insertSEC. 51.end insert  

Article 8 (commencing with Section 52480) of
36Chapter 9 of Part 28 of Division 4 of Title 2 of the Education Code
37 is repealed.

P21   1

begin deleteSEC. 54.end delete
2begin insertSEC. 52.end insert  

Article 4 (commencing with Section 52750) of
3Chapter 11 of Part 28 of Division 4 of Title 2 of the Education
4Code
is repealed.

5

begin deleteSEC. 55.end delete
6begin insertSEC. 53.end insert  

Article 1 (commencing with Section 52800) of
7Chapter 12 of Part 28 of Division 4 of Title 2 of the Education
8Code
is repealed.

begin delete9

SEC. 56.  

Chapter 12.5 (commencing with Section 52920) of
10Part 28 of Division 4 of Title 2 of the Education Code is repealed.

end delete
11

begin deleteSEC. 57.end delete
12begin insertSEC. 54.end insert  

Chapter 2 (commencing with Section 54100) of Part
1329 of Division 4 of Title 2 of the Education Code is repealed.

14

begin deleteSEC. 58.end delete
15begin insertSEC. 55.end insert  

Chapter 5 (commencing with Section 58700) of Part
1631 of Division 4 of Title 2 of the Education Code is repealed.

begin delete
17

SEC. 59.  

Article 3 (commencing with Section 60240) of
18Chapter 2 of Part 33 of Division 4 of Title 2 of the Education Code
19 is repealed.

end delete
20

begin deleteSEC. 60.end delete
21begin insertSEC. 56.end insert  

Article 7 (commencing with Section 60350) of
22Chapter 2 of Part 33 of Division 4 of Title 2 of the Education Code
23 is repealed.

begin delete24

SEC. 61.  

Chapter 4 (commencing with Section 60500) of Part
2533 of Division 4 of Title 2 of the Education Code is repealed.

end delete
26begin insert

begin insertSEC. 57.end insert  

end insert

begin insertArticle 1 (commencing with Section 60500) of Chapter
274 of Part 33 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
28repealed.end insert

29begin insert

begin insertSEC. 58.end insert  

end insert

begin insertThe heading of Article 2 (commencing with Section
3060510) of Chapter 4 of Part 33 of Division 4 of Title 2 of the end insert
begin insert31Education Codeend insertbegin insert is amended and renumbered to read:end insert

32 

33Article begin delete2. end deletebegin insert1.end insert  Donation or Sale
34

 

35begin insert

begin insertSEC. 59.end insert  

end insert

begin insertSection 60510.1 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
36

60510.1.  

All of the proceeds of any sale of surplus or
37undistributed obsolete instructional materials made pursuant to
38subdivision (e) of Section 60510 shall be available for school
39districts and county offices of education to acquire basic
P22   1instructional materials, supplemental instructional materials, or
2technology-based materials.

end delete
3begin insert

begin insertSEC. 60.end insert  

end insert

begin insertArticle 3 (commencing with Section 60520) of Chapter
44 of Part 33 of Division 4 of Title 2 of the end insert
begin insertEducation Codeend insertbegin insert is
5repealed.end insert

6begin insert

begin insertSEC. 61.end insert  

end insert

begin insertThe heading of Article 4 (commencing with Section
760530) of Chapter 4 of Part 33 of Division 4 of Title 2 of the end insert
begin insert8Education Codeend insertbegin insert is amended and renumbered to read:end insert

9 

10Article begin delete4. end deletebegin insert2.end insert  Destruction
11

 

12

SEC. 62.  

Section 60851 of the Education Code is amended to
13read:

14

60851.  

(a) Commencing with the 2003-04 school year and
15each school year thereafter, each pupil completing grade 12 shall
16successfully pass the high school exit examination as a condition
17of receiving a diploma of graduation or a condition of graduation
18from high school. Funding for the administration of the high school
19exit examination shall be provided for in the annual Budget Act.
20The Superintendent shall apportion funds appropriated for this
21purpose to enable school districts to meet the requirements of this
22subdivision and subdivisions (b), (c), and (d). The state board shall
23establish the amount of funding to be apportioned per test
24administered, based on a review of the cost per test.

25(b) Each pupil shall take the high school exit examination in
26grade 10 beginning in the 2001-02 school year and may take the
27examination during each subsequent administration, until each
28section of the examination has been passed.

29(c) (1)  At the parent or guardian’s request, a school principal
30shall submit a request for a waiver of the requirement to
31successfully pass the high school exit examination to the governing
32board of the school district for a pupil with a disability who has
33taken the high school exit examination with modifications that
34alter what the test measures and has received the equivalent of a
35passing score on one or both subject matter parts of the high school
36exit examination. A governing board of a school district may waive
37the requirement to successfully pass one or both subject matter
38parts of the high school exit examination for a pupil with a
39disability if the principal certifies to the governing board of the
40school district that the pupil has all of the following:

P23   1(A)  An individualized education program adopted pursuant to
2the federal Individuals with Disabilities Education Act (20 U.S.C.
3Sec. 1400 et seq.) or a plan adopted pursuant to Section 504 of the
4federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) in place
5that requires the accommodations or modifications to be provided
6to the pupil when taking the high school exit examination.

7(B)  Sufficient high school level coursework either satisfactorily
8completed or in progress in a high school level curriculum
9sufficient to have attained the skills and knowledge otherwise
10needed to pass the high school exit examination.

11(C)  An individual score report for the pupil showing that the
12pupil has received the equivalent of a passing score on the high
13school exit examination while using a modification that
14fundamentally alters what the high school exit examination
15measures as determined by the state board.

16(2) A school district shall report to the state board, in a manner
17and by a date determined by the Superintendent, the number and
18characteristics of waivers reviewed, granted, and denied under this
19subdivision and any additional information determined to be in
20furtherance of this subdivision.

21(d) The high school exit examination shall be offered in each
22public school and state special school that provides instruction in
23grades 10, 11, or 12, on the dates designated by the Superintendent.
24A high school exit examination may not be administered on any
25date other than those designated by the Superintendent as
26examination days or makeup days.

27(e) The results of the high school exit examination shall be
28provided to each pupil taking the examination within eight weeks
29of the examination administration and in time for the pupil to take
30any section of the examination not passed at the next
31administration. A pupil shall take again only those parts of the
32high school exit examination he or she has not previously passed
33and may not retake any portion of the high school exit examination
34that he or she has previously passed.

35(f) Supplemental instruction shall be provided to any pupil who
36does not demonstrate sufficient progress toward passing the high
37school exit examination. To the extent that school districts have
38aligned their curriculum with the state academic content standards
39adopted by the state board, the curriculum for supplemental
40instruction shall reflect those standards and shall be designed to
P24   1assist the pupils to succeed on the high school exit examination.
2This chapter does not require the provision of supplemental
3services using resources that are not regularly available to a school
4or school district, including summer school instruction. In no event
5shall any action taken as a result of this subdivision cause or require
6reimbursement by the Commission on State Mandates. Sufficient
7progress shall be determined on the basis of either of the following:

8(1) The results of the assessments administered pursuant to
9Article 4 (commencing with Section 60640) of Chapter 5 and the
10minimum levels of proficiency recommended by the state board
11pursuant to Section 60648.

12(2) The grades of the pupil and other indicators of academic
13achievement designated by the school district.

14begin insert

begin insertSEC. 63.end insert  

end insert
begin insert

Section 9.5 of this bill incorporates amendments to
15Section 17199.4 of the Education Code proposed by both this bill
16and Assembly Bill 1979. It shall only become operative if (1) both
17bills are enacted and become effective on or before January 1,
182015, (2) each bill amends Section 17199.4 of the Education Code,
19and (3) this bill is enacted after Assembly Bill 1979, in which case
20Section 9 of this bill shall not become operative.

end insert


O

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